89–010 

Calendar No. 378 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–190 

TO CONSERVE FISH AND AQUATIC COMMUNITIES IN THE UNITED STATES 

THROUGH PARTNERSHIPS THAT FOSTER FISH HABITAT CONSERVATION, 

TO IMPROVE THE QUALITY OF LIFE FOR THE PEOPLE OF THE UNITED 

STATES, AND FOR OTHER PURPOSES 

MAY 17, 2010.—Ordered to be printed 

Mrs. BOXER, from the Committee on Environment and Public 

Works, submitted the following 

R E P O R T 

[To accompany S. 1214] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Environment and Public Works, to which was 

referred a bill (S. 1214) to conserve fish and aquatic communities 

in the United States through partnerships that foster fish habitat 

conservation, to improve the quality of life for the people of the 

United States, and for other purposes, having considered the same, 

reports favorably thereon and recommends that the bill, as amended, do pass. 

GENERAL STATEMENT AND BACKGROUND

S. 1214 seeks to reverse the declines in aquatic habitat and species across the nation and would codify the National Fish Habitat 

Action Plan (Action Plan). The Action Plan focuses financial and 

technical resources on the root causes of fish habitat declines. The 

Action Plan focuses on the protection and conservation of intact 

and healthy aquatic habitats to prevent their future decline and 

disruption. 

According to U.S. Fish and Wildlife Service (FWS) testimony before the Committee, aquatic species are some of the most at risk 

organisms in the United States. Since 1900, 123 freshwater species 

have become extinct in North America. Hundreds of other fish, 

mollusks, crayfish and amphibians are imperiled. A 2008 study by 

USGS scientists concluded that nearly 40 percent of the nation’s 

fish populations are in decline. The loss and degradation of aquatic 

habitat are considered one of the primary reasons for the vulnerable condition of aquatic species. 


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S. 1214 would foster science, communication, and partnerships to 

unite diverse stakeholders and focus voluntary action on conserving 

priority habitats and encourage private-public partnerships that 

are consistent with the goals and mission of the National Fish 

Habitat Action Plan, which was released in 2006. 

The goals of the plan are: 

(1) to protect and maintain intact and healthy aquatic systems; 

(2) to prevent further degradation of fish habitats that have 

been adversely affected; 

(3) to reverse declines in the quality and quantity of aquatic 

habitats to improve the overall health of fish and other aquatic 

organisms; 

(4) to increase the quality and quantity of fish habitats that 

support a broad natural diversity of fish and other species. 

The legislation would establish a National Fish Habitat Board, 

composed of members from federal, state, and tribal agencies, and 

non-governmental organizations, which would approve Fish Habitat Partnerships (FHP) and make recommendations to the Secretary of the Interior regarding the funding of conservation 

projects. The bill also requires the Director of the U.S. Fish and 

Wildlife Service to establish the National Fish Habitat Conservation Partnership Office within the Service and NOAA and USGS to 

provide technical and scientific assistance to the Partnerships, the 

project participants, and the Board. The bill authorizes appropriations for each of fiscal years 2010 through 2014. 

OBJECTIVES OF THE LEGISLATION

To conserve fish and aquatic communities in the United States 

through partnerships that foster fish habitat conservation, to improve the quality of life for the people of the United States, and for 

other purposes. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title; table of contents 

Section 1 provides that this Act may be cited as the ‘National 

Fish Habitat Conservation Act’ and includes the table of contents 

of the Act. 

Section 2. Findings; purpose 

Section 2 provides the general purpose of the bill, along with several findings highlighting the economic, social, and environmental 

importance of aquatic habitats; acknowledge the harmful impacts 

to the national economy, environment, and wildlife that result from 

the destruction or alteration of aquatic habitats; and, recognize the 

need to protect, conserve, and restore the quality of aquatic habitats. 

Section 3. Definitions 

Section 3 provides definitions of several terms used in the Act. 

Section 4. National Fish Habitat Board 

Section 4 establishes the National Fish Habitat Board to oversee 

and promote the implementation of this Act, to establish national 


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goals and priorities, to designate partnerships, and to review and 

recommend aquatic habitat projects. This section describes the 

composition of the board and the procedures for appointing and replacing members. 

Section 5. Fish Habitat Partnerships 

Section 5 establishes procedures for designating Fish Habitat 

Partnerships and outlines criteria approval of partnerships. Criteria included are that the partnership: (1) includes a diverse group 

of public and private partners; (2) is organized to promote the 

health of important aquatic habitats and distinct geographical 

areas, keystone fish species, or system types; (3) identifies strategic 

fish and aquatic habitat priorities for the Partnership area; (4) is 

able to address issues on a nationally-significant scale; (5) includes 

a governance structure that reflects the range of all partners and 

promotes joint strategic planning; (6) demonstrates completion of or 

progress toward development of a strategic plan to address causes 

of fish decline; (7) ensures collaboration in implementing a scientifically-sound and achievable implementation program. 

Section 6. Fish habitat conservation projects 

Section 6 establishes procedures for consideration of fish habitat 

projects by the Board and criteria for the board to use in evaluating and recommending projects for funding to the Secretaries of 

Interior and Commerce, which the Secretaries must approve, reject, 

or reorder within 180 days. All fish habitat projects must include 

an evaluation plan designed to—appropriately assess the biological, 

ecological, or other results of the project and reflect appropriate 

changes to the fish habitat conservation project if the assessment 

finds that the project objectives are not being met. The report must 

be submitted to the board. This section also establishes cost-sharing requirements and includes requirements related to the acquisition of real property through a fish habitat project. 

Section 7. National Fish Habitat Conservation Partnership Office 

Section 7 establishes the National Fish Habitat Conservation 

Partnership Office and describes its functions, which include: providing funding for Partnership projects; facilitating communication 

and operations of the Partnerships and the Board; coordinating scientific reporting on projects; and providing support to the Board for 

national communication and outreach efforts that promote public 

awareness of fish habitat conservation. This section also requires 

the Director of the FWS, in cooperation with the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration (NOAA) and heads of other appropriate Federal agencies, to establish an interagency operational plan to guide the efforts of the Partnership Office and ensure inter-agency coordination. This section directs the Director of the FWS and Assistant Administrator for Fisheries of NOAA to provide staff to support the 

work of the Partnership Office. 

Section 8. Technical and scientific assistance 

Section 8 directs the Director of the FWS, Assistant Administrator for Fisheries of NOAA, and Director of the United States Geological Survey (USGS), in coordination with other appropriate fedVerDate Mar 15 2010 06:12 May 18, 2010 Jkt 089010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR190.XXX SR190

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eral agencies, to provide technical and scientific assistance for assessments of projects, support the development and implementation of fish habitat conservation projects, and provide recommendations for a national fish habitat assessment. 

Section 9. Conservation of aquatic habitat for fish and other aquatic 

organisms on Federal land 

Section 9 provides that the head of each Federal department and 

agency responsible for acquiring, managing, or disposing of Federal 

land or water must cooperate with the FWS and NOAA to conserve 

the aquatic habitats and organisms within the land and water of 

the department or agency. 

Section 10. Coordination with States and Indian Tribes 

Section 10 provides that the Secretary of the Interior shall provide a notice to the appropriate State or tribal agency within which 

an activity is planned to be carried out pursuant with this Act no 

later than 30 days before the planned activity is implemented. 

Section 11. Accountability and reporting 

Section 11 requires the Board to submit reports to appropriate 

congressional committees on the implementation of this Act and 

the National Fish Habitat Action Plan, which shall include descriptions of those aquatic habitats protected or restored under the National Fish Habitat Action Plan and an assessment of the status 

of the fish habitat conservation projects funded under this Act. 

Section 12. Regulations 

Section 12 provides that the Secretary of the Interior may promulgate such regulations as the Secretary determines necessary to 

carry out this Act. 

Section 13. Effect of Act 

Section 13 states that nothing in this Act establishes a water 

right in the United States, affects any water right in existence, or 

affects state water law. This section further clarifies that nothing 

in the Act affects state rights to manage wildlife and fish, affects 

tribal rights, affects existing federal authorities for land or water 

acquisition, or enables the use of funds provided by the Act to acquire real property without the consent of the property owner. This 

section also states that nothing in this Act allows the use of funds 

for fish and wildlife mitigation under existing Federal laws and 

court settlements. 

Section 14. Nonapplicability of Federal Advisory Committee Act 

Section 14 provides that the Federal Advisory Committee Act (5 

U.S.C. App.) shall not apply to the National Fish Habitat Board or 

any Partnership. 

Section 15. Funding. 

Section 15 authorizes $75,000,000 for the Secretary of the Interior to provide funds for fish habitat conservation projects approved 

under section 6(f), of which 5 percent shall be made available for 

each fiscal year for projects carried out by Indian tribes. This section authorizes the greater of $3,000,000 or 25 percent of the funds 


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appropriated for fish habitat conservation projects for the National 

Fish Habitat Conservation Office and requires the Secretary to annually transfer appropriate amounts to other federal agencies pursuant to the interagency operation plan under section 7(c). 

$10,000,000 is authorized for FWS, NOAA, and USGS to provide 

technical and scientific assistance. This section authorizes $300,000 

or 4 percent of the funds appropriated for fish habitat conservation 

projects for administrative expenses. All authorizations are for fiscal years 2010 through 2014. 

LEGISLATIVE HISTORY

S. 1214 was introduced by Sen. Joe Lieberman (IN–CT), Sen. Kit 

Bond (R–MO), and six other co-sponsors on June 9, 2009. The bill 

was referred to the Committee on Environment and Public Works. 

On December 10, 2009, the full Environment and Public Works 

Committee met to consider the bill. The bill was ordered favorably 

reported by voice vote with an amendment in the nature of a substitute. 

HEARINGS

On December 3, 2009, the Water and Wildlife Subcommittee of 

the Senate Environment and Public Works Committee held a legislative hearing on multiple wildlife and invasive species bills, including S. 1214. 

ROLLCALL VOTES

The Committee on Environment and Public Works met to consider S. 1214 on December 10, 2009. The bill was ordered favorably 

reported by voice vote with an amendment in the nature of a substitute. 

REGULATORY IMPACT STATEMENT

In compliance with section 11(b) of rule XXVI of the Standing 

Rules of the Senate, the committee finds that S. 1214 does not create any additional regulatory burdens, nor will it cause any adverse impact on the personal privacy of individuals. 

MANDATES ASSESSMENT

In compliance with the Unfunded Mandates Reform Act of 1995 

(Public Law 104–4), the committee noted that the Congressional 

Budget Office has found, ‘‘S. 1214 contains no intergovernmental or 

private sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) and would impose no costs on state, local, or tribal governments.’’ 

JANUARY 14, 2010. 

Hon. BARBARA BOXER, Chairman, Committee on Environment and Public Works, U.S. Senate, Washington, DC. 

DEAR MADAM CHAIRMAN: The Congressional Budget Office has 

prepared the enclosed cost estimate for S. 1214, the National Fish 

Habitat Conservation Act. 


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If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Daniel Hoople. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 1214—National Fish Habitat Conservation Act 

Summary: S. 1214 would authorize the appropriation of $500 

million over the 2010–2014 period for the Department of the Interior (DOI) to fund projects to conserve fish habitats and establish 

a National Fish Habitat Conservation Office. The legislation also 

would establish a National Fish Habitat Board and authorize the 

appropriation of $150 million over the same period to provide technical and scientific assistance to the board, Fish Habitat Partnerships (FHPs), and conservation project participants. 

CBO estimates that implementing S. 1214 would cost $591 million over the 2010–2015 period, assuming appropriation of the 

specified amounts. Because the legislation would authorize DOI to 

accept and use gifts and donations, enacting the bill could have a 

negligible impact on offsetting receipts and associated direct spending. Enacting the bill would not affect revenues. 

S. 1214 contains no intergovernmental or private sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on State, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 1214 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2010 2011 2012 2013 2014 2015 2010–2014 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Fish Habitat Conservation Projects: 

Authorization Level ................................................... 75 75 75 75 75 0 375 

Estimated Outlays .................................................... 0 57 65 75 75 50 322 

Technical and Scientific Assistance: 

Authorization Level ................................................... 30 30 30 30 30 0 150 

Estimated Outlays .................................................... 8 32 38 32 30 8 148 

National Fish Habitat Conservation Partnership Office: 

Authorization Level ................................................... 22 22 22 22 22 0 110 

Estimated Outlays .................................................... 2 18 32 26 22 6 106 

Planning and Administration: 

Authorization Level ................................................... 3 3 3 3 3 0 15 

Estimated Outlays .................................................... 1 3 3 3 3 2 15 

Total Changes: 

Authorization Level .......................................... 130 130 130 130 130 0 650 

Estimated Outlays ........................................... 11 110 138 136 130 66 591 

Basis of estimate: For this estimate, CBO assumes that the legislation will be enacted in fiscal year 2010 and that amounts specified in the bill will be appropriated for each year. 

S. 1214 would establish a National Fish Habitat Board composed 

of 27 members from federal, state, and tribal agencies, and nongovernmental organizations. The board would approve FHPs 

formed around specific aquatic habitats and geographic areas and 

make recommendations to the Secretary of the Interior regarding 

the funding of conservation projects. Those recommendations would 


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be informed primarily by the FHPs, which would conduct scientific 

assessments and identify strategic priorities on behalf of public and 

private partners. 

Fish habitat conservation projects 

S. 1214 would authorize the appropriation of $75 million in each 

of fiscal years 2010 through 2014 for DOI to provide funding for 

fish habitat conservation projects, including the acquisition of property. Projects would increase fishing opportunities for the public; 

increase public access to land; protect threatened and endangered 

species, fish, and fish habitats; and promote resilience to environmental change. No project could derive more than 50 percent of its 

funding from the federal government, unless the project was located on federal land or water. 

CBO estimates that no spending for conservation projects would 

occur in 2010 because few projects would likely be approved before 

the conclusion of that fiscal year. Based on the historical expenditures for other conservation and land acquisition projects, we estimate that implementing this provision would cost $322 million over 

the 2011–2015 period. 

Technical and scientific assistance 

S. 1214 would authorize the appropriation of $30 million in each 

of fiscal years 2010 through 2014 for technical and scientific assistance to the board, the FHPs, and conservation project participants. 

The legislation would provide equal funding in each year to the 

Fish and Wildlife Service (FWS), the National Oceanic and Atmospheric Administration (NOAA), and the United States Geological 

Survey for those purposes. Based on the historical spending patterns for programs carried out by each of those agencies, CBO estimates that this provision would cost $148 million over the 2010– 

2015 period. 

National Fish Habitat Conservation Partnership Office 

S. 1214 would authorize the appropriation of $3 million, plus an 

amount equal to 25 percent of the funds provided for fish habitat 

conservation projects (which, assuming appropriation of the full 

amount, would total about $19 million), in each of fiscal years 2010 

through 2014 to establish a National Fish Habitat Conservation 

Partnership Office within FWS. The office would provide funding 

for operation of FHPs, including planning, outreach, implementation, and evaluation. The office also would help administer other 

provisions of the bill, including developing an interagency operational plan and reporting to the Congress regarding implementation of the bill and the status of aquatic habitats in the United 

States. CBO estimates that spending by the new office would total 

$106 million over the 2010–2015 period. 

Planning and administration 

S. 1214 would authorize the appropriation of $300,000, plus an 

amount equal to 4 percent of the funds provided for fish habitat 

conservation programs (which, assuming appropriation of the full 

amount, would total $3 million), in each of fiscal years 2010 

through 2014 for planning and administrative expenses. Such 

funds would be used by FWS, NOAA, and the board. CBO estiVerDate Mar 15 2010 06:12 May 18, 2010 Jkt 089010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\SR190.XXX SR190

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mates that those expenses would total $15 million over the 2010– 

2015 period. 

Intergovernmental and private-sector impact: S. 1214 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

State, local, and tribal governments would benefit from technical 

and financial assistance authorized in the bill. Any costs to those 

governments would be incurred voluntarily as a condition of receiving federal assistance. 

Estimate prepared by: Federal Costs: Daniel Hoople; Impact on 

State, Local, and Tribal Governments: Melissa Merrell; Impact on 

the Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

CHANGES IN EXISTING LAW

Section 12 of rule XXVI of the Standing Rules of the Senate requires the committee to publish changes in existing law made by 

the bill as reported. Passage of this bill will make no changes to 

existing law. 

Æ 


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