19–010 

Calendar No. 455 

112TH CONGRESS REPORT " ! SENATE 2d Session 112–187 

NATIONAL FISH HABITAT CONSERVATION ACT 

JULY 17, 2012.—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. 1201] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Environment and Public Works, to which was 

referred a bill (S. 1201) 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 do pass. 

GENERAL STATEMENT AND BACKGROUND

S. 1201 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. 

S. 1201 would foster science, communication, and partnerships to 

unite diverse stakeholders and focus voluntary action on conserving 


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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 codify the National Fish Habitat Board, 

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

non-governmental organizations, which approves Fish Habitat 

Partnerships (FHP) and makes recommendations to the Secretary 

of the Interior regarding the funding of conservation projects. The 

bill also ensures coordination of ongoing Federal efforts to support 

the NFHAP by directing the Director of the FWS to establish the 

National Fish Habitat Conservation Partnership Office within the 

FWS, the National Oceanic and Atmospheric Administration 

(NOAA), and the U.S. Geological Survey (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 2012 through 2016. 

OBJECTIVES OF THE LEGISLATION

The National Fish Habitat Conservation Act (S. 1201) seeks to 

conserve fish and aquatic communities in the United States 

through partnerships that foster fish habitat conservation and to 

improve the quality of life for the people of the United States. 

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 includes several findings that highlight 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 2 states that the purpose of the Act is to encourage partnerships among public agencies and other interested parties consistent with the mission and goals of the National Fish Habitat Action Plan. 

Section 3. Definitions 

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


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Section 4. National Fish Habitat Board 

Section 4 establishes the National Fish Habitat Board to oversee 

and promote the implementation of the Act, to establish national 

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 (Partnerships) and outlines criteria for 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 governances structures that reflect 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 will be submitted to the Board by the Partnerships and 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. 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 and the detail of State and 

tribal fish and wildlife staff; facilitating development and approval 

of Partnerships and 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 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 


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provide staff to support the work of the Partnership Office and authorizes the Partnership Office to accept staff or support through 

interagency details or contractors. 

At least once per year, the Director of the FWS must provide to 

the Board a report describing the activities of the National Fish 

Habitat Conservation 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 federal agencies, to provide technical and scientific assistance to develop and implement Partnerships; assess habitat, conduct strategic planning, and prioritize efforts; assess projects, support the 

development and implementation of fish habitat conservation 

projects, and provide recommendations for a national fish habitat 

assessment; support science-based monitoring and assessment; and 

ensure the availability of experts to conduct scientifically-based 

evaluation and reporting of fish habitat conservation projects. 

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 an estimate of the amounts of aquatic habitats protected or restored 

under the National Fish Habitat Action Plan; a description of public access to aquatic habitats protected, restored or established; a 

description of the opportunities for public fishing; and an assessment of the status of the fish habitat conservation projects funded 

under this Act. 

Section 11 requires the Board to submit to the appropriate congressional committees a report describing the status of aquatic 

habitats in the United States by December 31, 2012 and each five 

years thereafter. 

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. 


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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 $7,200,000 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 five percent of the funds 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). FWS, NOAA, and USGS 

are authorized to receive $500,000 each to provide technical and 

scientific assistance. This section authorizes three percent of the 

funds appropriated for fish habitat conservation projects for administrative expenses. All authorizations are for fiscal years 2012 

through 2016. 

LEGISLATIVE HISTORY

S. 1201 was introduced by Senator Joseph Lieberman and Senators Crapo, Tester, Bingaman, Murkowski, Whitehouse, Begich, 

Cardin, and Udall of Colorado on June 15, 2011. The bill was received, read twice, and referred to the Committee on Environment 

and Public Works. On June 21, 2012, the full Committee on Environment and Public Works met to consider the bill. The bill was 

ordered reported favorably without amendment by voice vote. 

HEARINGS

In the 111th Congress, 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 the National Fish Habitat Conservation Act. 

ROLLCALL VOTES

The Committee on Environment and Public Works met to consider S. 1201 on June 21, 2012. The bill was ordered reported favorably by voice with Senators Inhofe and Sessions recorded as 

‘‘No’’. 


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REGULATORY IMPACT STATEMENT

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

Rules of the Senate, the committee finds that S. 1201 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. 1201 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.’’ 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

JULY 2, 2012. 

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. 1201, the National Fish 

Habitat Conservation Act. 

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

to provide them. The CBO staff contact is Jeff LaFave. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 1201—National Fish Habitat Conservation Act 

Summary: S. 1201 would authorize the appropriation of $29 million over the 2013–2016 period for the Department of the Interior 

(DOI) to fund projects to conserve fish habitats. The legislation also 

would establish a National Fish Habitat Board and authorize the 

appropriation of $6 million over the same period to establish a National Fish Habitat Conservation Office, cover certain planning and 

administrative expenses, and provide technical and scientific assistance to the board, Fish Habitat Partnerships (FHPs), and conservation project participants. 

CBO estimates that implementing S. 1201 would cost $32 million 

over the 2013–2017 period and $3 million after 2017, 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; therefore, pay-as-you-go procedures apply. 

However, CBO estimates that the net effect on direct spending 

would be minimal in each year. Enacting the bill would not affect 

revenues. 

S. 1201 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. 1201 is shown in the following table. The costs 


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of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2013 2014 2015 2016 2017 2013– 

2017 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Fish Habitat Conservation Projects: a

Authorization Level .............................................................. 7 7 7 7 0 29 

Estimated Outlays ............................................................... 3 5 6 7 4 24 

Other Costs: 

Authorization Level .............................................................. 2 2 2 2 0 8 

Estimated Outlays ............................................................... 2 2 2 2 * 8 

Total Changes: 

Authorization Level ..................................................... 9 9 9 9 0 37 

Estimated Outlays ...................................................... 4 6 8 9 4 32 

Note: Components may not sum to totals because of rounding; * = less than $500,000. 

a The United States Fish and Wildlife Service received $7 million in 2012 for fish habitat conservation projects. 

Basis of estimate: For this estimate, CBO assumes that the legislation will be enacted near the end of 2012 and that amounts specified in the bill will be appropriated for each year. 

S. 1201 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 

be primarily informed by the FHPs, which would conduct scientific 

assessments and identify strategic priorities on behalf of public and 

private partners. 

Fish habitat conservation projects 

S. 1201 would authorize the appropriation of $7.2 million in each 

of fiscal years 2013 through 2016 for DOI to provide funding for 

projects to conserve fish habitat, 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 property. Based on the historical spending patterns for 

other conservation and land acquisition projects, we estimate that 

implementing this provision would cost $24 million over the 2013– 

2017 period. 

Other costs 

S. 1201 would authorize the appropriation of $1.5 million in each 

of fiscal years 2013 through 2016 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, and the United States Geological Survey for 

those purposes. The bill also would provide amounts totaling 8 percent of the funds provided for fish habitat conservation projects 

(which, assuming appropriation of the full amount, would total 

about $600,000), in each of fiscal years 2013–2016 to establish a 

National Fish Habitat Conservation Partnership Office within FWS 


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and for planning and administrative expenses. Based on the historical spending patterns for programs carried out by each of the affected agencies, CBO estimates that implementing those provisions 

would cost $8 million over the 2013–2016 period. 

Intergovernmental and private-sector impact: S. 1201 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: Jeff LaFave; 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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