U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

99–010 

" ! SENATE 

111TH CONGRESS

2d Session 

REPORT

2010

111–348 

Calendar No. 642 

THE PACIFIC SALMON STRONGHOLD 

CONSERVATION ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 817 

NOVEMBER 17, 2010.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED ELEVENTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, New Mexico 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

JOHN ENSIGN, Nevada 

JIM DEMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

GEORGE S. LEMIEUX, Florida 

JOHNNY ISAKSON, Georgia 

DAVID VITTER, Louisiana 

SAM BROWNBACK, Kansas 

MIKE JOHANNS, Nebraska 

ELLEN DONESKI, Staff Director 

JAMES REID, Deputy Staff Director 

BRUCE ANDREWS, General Counsel 

ANN BEGEMAN, Republican Staff Director 

BRIAN HENDRICKS, Republican General Counsel 

TODD BERTOSON, Republican Senior Counsel 


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Calendar No. 642 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–348 

THE PACIFIC SALMON STRONGHOLD CONSERVATION ACT 

NOVEMBER 17, 2010.—Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 817] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 817) to establish a Salmon Stronghold Partnership program to conserve wild Pacific salmon and for 

other purposes, having considered the same, reports favorably 

thereon without amendment and recommends that the bill do pass. 

PURPOSE OF THE BILL

The purpose of S. 817, the Pacific Salmon Stronghold Conservation Act, is to establish a comprehensive, strategic, science-based 

approach to wild salmon stronghold conservation. It would create 

a structural framework and expand Federal support for the protection and restoration of the healthiest remaining wild Pacific salmon 

stocks in North America. 

BACKGROUND AND NEEDS

Wild Pacific salmon are central to the economy, environment, 

and culture of western North America. However, human activities 

such as damming rivers for hydropower, fishing, agriculture, and 

urban growth are increasingly threatening wild Pacific salmon 

habitats and populations. Additionally, salmon populations are extremely sensitive to local environmental conditions. In 2007, the 

National Academy of Sciences reported that climate change will 

likely have a large negative impact on fresh water salmon habitats, 

as well as cause a ‘‘spatial shift in salmon abundance,’’ with higherVerDate Mar 15 2010 05:11 Nov 18, 2010 Jkt 099010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6601 E:\HR\OC\SR348.XXX SR348

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1 Battin, James; Wiley, Matthew W.; Ruckelshaus, Mary H.; Palmer, Richard N.; Korb, Elizabeth; Bartz, Krista K.; and Imaki, Hiroo (2007) Projected impacts of climate change on salmon 

habitat restoration. PNAS vol. 104 no. 16 6720-6725. 

elevation watersheds becoming less suitable habitat due to the 

transitions from snowy to rainy environments.1

To combat these myriad threats, a number of Federal, State, and 

local salmon recovery programs have been established, most of 

which are focused on the important task of recovering threatened 

or endangered stocks. At the Federal level, the Endangered Species 

Act (ESA) and the Pacific Coastal Salmon Recovery Fund (PCSRF) 

play an important role in Pacific salmon conservation and recovery 

efforts. The National Oceanic and Atmospheric Administration’s 

(NOAA’s) National Marine Fisheries Service (NMFS) is charged 

with implementing the ESA requirements for marine species, including anadromous Pacific salmonids (i.e., chum salmon, pink 

salmon, sockeye salmon, chinook salmon, coho salmon, and 

steelhead trout). Based on a petition from an individual, organization, or State agency (or alternatively on its own initiative), NMFS 

conducts a review to determine whether a marine species is threatened or endangered, and thus merits listing under the ESA. NMFS 

has identified 50 evolutionarily significant units (ESUs) in the region of California and the Pacific Northwest as of 2005, of which 

26 are listed as threatened or endangered. Once a species is listed 

under the ESA, NMFS must designate critical habitat and formulate a recovery plan for the species. When a listed species is determined to no longer be threatened or endangered, based on the best 

scientific and commercial data available, it is eligible to be delisted. 

NMFS is also responsible for administering the PCSRF, which 

was established by Congress in 2000 after the governors of Washington, Oregon, California, and Alaska collectively requested a 

mechanism to address the additions of West Coast salmon and 

steelhead trout to the ESA list of threatened species. Aiming to 

protect, restore, and conserve these populations and their habitats, 

the PCSRF provides funding for thousands of recovery projects conducted by Pacific Northwest States and tribes. Since its inception, 

the PCSRF has enabled the removal of thousands of barriers to 

passage and the reopening of thousands of miles of habitat for Pacific salmon. 

While the ESA and PCSRF are critically important in protecting 

Pacific salmon species, they are largely focused on recovery efforts 

rather than preservation. Additionally, the Federal, State and local 

agencies, non-profits and private entities that focus on Pacific 

salmon and steelhead conservation make for a complex web of 

interrelated, and in some cases overlapping or conflicting, jurisdictions. For example, NMFS has responsibility for anadromous Pacific salmonids, while the U.S Fish and Wildlife Service (USFWS) 

has jurisdiction over non-anadromous (or resident) forms of sockeye 

salmon and steelhead. This type of divisional authority can result 

in a lack of a centralized strategy which can greatly hinder conservation efforts. 

Fisheries scientists and natural resource managers are generally 

in agreement that comprehensive, strategic conservation of the 

healthiest aquatic habitats, or ‘‘strongholds,’’ for a given fish species, is an efficient and highly cost-effective method for the conservation of fish populations and the preservation of the important 


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role they play in ecosystems and our economy. This is based on the 

fundamental concept that targeted conservation of a distributed 

network of a depleted species, capturing key centers of productivity, abundance, and diversity, provides the foundation for a 

range-wide strategy to ensure the viability of that species into the 

future. 

Some efforts at this form of preventive management have already 

begun at the State and local levels. A prime example is the North 

American Salmon Stronghold Partnership (Stronghold Partnership). Chartered in December 2007, the Stronghold Partnership 

was formed for the purpose of identifying and protecting a network 

of the healthiest remaining wild Pacific salmon ecosystems in 

North America, in order to ensure the long-term survival of salmon, steelhead trout, and the many species that depend on them and 

the watersheds they inhabit. It is a voluntary partnership that 

serves to coordinate public and private resources and the activities 

of local communities, State and Federal agencies, tribes, nonprofit 

organizations, and private interests who seek to work collaboratively on salmon conservation and restoration activities across 

Alaska, California, Idaho, Oregon, and Washington. 

SUMMARY OF PROVISIONS

S. 817 would establish the Stronghold Partnership as a cooperative, incentive-based, public-private partnership to identify and 

conserve salmon strongholds. The Partnership’s board would include representatives of State governments of Alaska, California, 

Idaho, Oregon, and Washington, as well as representatives from 

specified entities. The bill would establish a salmon stronghold watershed grants and technical assistance program to support protection and restoration activities. It would also require the Assistant 

Administrator of NMFS to carry out specific information and assessment functions associated with salmon strongholds and authorize the sharing of status and trends data, innovative conservation 

strategies, conservation planning methodologies, and other information with North Pacific countries and appropriate international 

entities to promote Pacific salmon conservation. 

LEGISLATIVE HISTORY

Senator Cantwell introduced S. 817 on April 2, 2009. Senators 

Begich, Boxer, Feinstein, Merkley, Murkowski, Murray, and Wyden 

are cosponsors of the legislation. On April 15, 2010, the Subcommittee on Oceans, Atmosphere, Fisheries, and the Coast Guard 

held a hearing entitled, ‘‘S. 817, the Pacific Salmon Stronghold 

Conservation Act,’’ that addressed the legislation. Witnesses at the 

hearing discussed the stronghold approach to species conservation 

and management as an efficient and highly cost-effective method 

for the conservation of healthy stocks and the preservation of critical ecosystems and the economies that rely on them. Companion 

legislation in the House of Representatives, H.R. 2055, was introduced by Representative Mike Thompson (D-CA) on April 22, 2009, 

and was referred to the House Committee on Natural Resources, 

Subcommittee on Insular Affairs, Oceans, and Wildlife on April 27, 

2009. The Subcommittee held a hearing on the bill on June 16, 

2009. 


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ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 817—Pacific Salmon Stronghold Conservation Act of 2009 

Summary: S. 817 would authorize the National Oceanic and Atmospheric Administration (NOAA) to carry out certain activities related to the conservation of certain salmon habitats. Assuming appropriation of the authorized amounts, CBO estimates that implementing the legislation would cost $91 million over the 2011–2015 

period. 

Enacting the legislation could increase offsetting receipts (from 

private donations) and associated direct spending; therefore, payas-you-go procedures would apply. However, CBO estimates that 

the net effects would be negligible for each year. Enacting the bill 

would not affect revenues. 

S. 817 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. 817 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— 

2011 2012 2013 2014 2015 2011– 

2015 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ....................................................................... 30 30 30 0 0 91 

Estimated Outlays ........................................................................ 20 26 29 11 5 91 

Note: Amounts may not add to totals because of rounding. 

Basis of estimate: For this estimate, CBO assumes that the legislation will be enacted by the end of fiscal year 2010 and that the 

authorized amounts will be appropriated for each fiscal year beginning in 2011. Estimated outlays are based on historical spending 

patterns for similar NOAA activities. 

S. 817 would require the Secretary of Commerce to establish a 

partnership between public and private entities to identify and protect certain salmon habitats. The bill would authorize the appropriation of $30 million annually over the 2010–2013 period for 

NOAA to provide grants to support the activities of the partnership. The bill also would authorize the appropriation of $300,000 

a year over that period for NOAA to collect and disseminate information related to salmon habitats. Assuming appropriation of the 

authorized amounts, CBO estimates that implementing the legislation would cost $91 million over the 2011–2015 period. 

Pay-As-You-Go Considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget reporting and enforcement procedures 

for legislation affecting direct spending or revenues. S. 817 could 

increase offsetting receipts (from private donations) and associated 

direct spending; therefore, pay-as-you-go procedures would apply. 

However, CBO estimates that any increase in offsetting receipts 


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would be less than $500,000 a year and would be offset by similar 

increases in direct spending. The net budgetary changes that are 

subject to pay-as-you-go procedures are shown in the following 

table. 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 817, THE PACIFIC SALMON STRONGHOLD 

CONSERVATION ACT OF 2009, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON JUNE 9, 2010 

By fiscal year, in millions of dollars— 

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010– 

2015 

2010– 

2020 

NET INCREASE OR DECREASE (–) IN THE DEFICIT 

Statutory Pay-As-YouGo Impact ............. 0 0 0 0 0 0 0 0 0 0 0 0 0 

Intergovernmental and private-sector impact: S. 817 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

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

Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 

State, Local, and Tribal Governments: Ryan Miller; Impact on the 

Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 817 would establish a comprehensive, strategic, science-based 

approach to wild salmon stronghold conservation. It would create 

a structural framework and expand Federal support for the protection and restoration of the healthiest remaining wild Pacific salmon 

stocks in North America. It does not authorize any new regulations, and therefore will not subject any individuals or businesses 

to new regulations. 

ECONOMIC IMPACT

The bill would authorize annual authorizations of $30 million for 

each of fiscal years 2009 through 2013. From these authorizations, 

NFWF would be required to make available sufficient funds to the 

Board to carry out its duties. This includes $300,000 that would be 

authorized for the Assistant Administrator of NMFS to provide 

technical assistance and information and assessment functions 

under section 5 of the Act. Funds appropriated by this legislation 

would remain available until expended. These funding levels are 

not expected to have an inflationary impact on the Nation’s economy. 

PRIVACY

The reported bill would not have any adverse impact on the personal privacy of individuals. 


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PAPERWORK

S. 817 would not increase paperwork requirements for the private sector. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no items contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section would provide that this Act may be cited as the Pacific Salmon Stronghold Conservation Act of 2009. 

Section 2. Findings; purpose 

This section would state the findings of Congress on which this 

Act is based, and would state that the purposes of this Act are to: 

(1) expand Federal support and resources for the protection and 

restoration of the healthiest remaining salmon strongholds in 

North America to sustain core centers of salmon abundance, productivity, and diversity in order to ensure the long-term viability 

of salmon populations in the States of Alaska, California, Idaho, 

Oregon, and Washington; (2) maintain and enhance economic benefits related to fishing or associated with healthy salmon stronghold 

habitats, including flood protection, recreation, water quantity and 

quality, carbon sequestration, climate change mitigation and adaptation, and other ecosystem services; and (3) complement and add 

to existing Federal, State, and local salmon recovery efforts by 

using sound science to identify and sustain core centers of salmon 

abundance, productivity, and diversity in the healthiest remaining 

salmon ecosystems throughout their range. 

Section 3. Definitions 

This section would define: ‘‘Administrator’’ as the Assistant Administrator for NMFS of NOAA; ‘‘Board’’ as the Salmon Stronghold 

Partnership Board; ‘‘charter’’ as the charter of the Salmon Stronghold Partnership Board; ‘‘Director’’ as the Director of USFWS; ‘‘ecosystem services’’ as the ecological benefits generated from a 

healthy, functioning ecosystem, including clean water, pollutant filtration, regulation of river flow, prevention of soil erosion, regulation of climate, and fish production; ‘‘program’’ as the salmon 

stronghold watershed grants and technical assistance program; 

‘‘salmon’’ as any of the wild anadromous Oncorhynchus species that 

occur in the Western United States, including chum salmon, pink 

salmon, sockeye salmon, chinook salmon, coho salmon, and 

steelhead trout; ‘‘salmon stronghold’’ as all or part of a watershed 

that meets biological criteria for abundance, productivity, diversity 

(life history and run timing), habitat quality, or other biological attributes important to sustaining viable populations of salmon 

throughout their range, as defined by the Board; ‘‘Salmon Stronghold Partnership’’ as the Salmon Stronghold Partnership estabVerDate Mar 15 2010 05:11 Nov 18, 2010 Jkt 099010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\SR348.XXX SR348

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lished under section 4; and ‘‘Secretary’’ as the Secretary of Commerce. 

Section 4. Salmon stronghold partnership 

Subsection (a) of this section would direct the Secretary to establish a cooperative, incentive-based, public-private Salmon Stronghold Partnership between stakeholders for the purpose of identifying and conserving salmon strongholds. Subsection (b) would provide that the Partnership be managed by a Board established by 

the Secretary, which would consist of one representative from each 

of the following: NMFS; USFWS; the U.S. Forest Service; the Environmental Protection Agency (EPA); the Bonneville Power Administration; the Bureau of Land Management; the Northwest Power 

and Conservation Council; the office of the Governor or an appropriate natural resource agency from each of the States of Alaska, 

California, Idaho, Oregon, and Washington; not less than three and 

not more than five representatives from Indian tribes or tribal commissions; three non-governmental organizations with salmon conservation expertise selected by the Board; an association of counties 

selected by the Board; and any entity with significant resources regionally dedicated to the protection of salmon ecosystems selected 

by the Board. 

Subsection (c) of this section would require that the Board meet 

at least three times a year with timely notice to guarantee adequate input from a broader set of stakeholders and fisheries experts. Subsection (c) would also establish a meeting schedule for 

the Board and establish notification requirements. Subsection (d) 

would require the Board to consult with fisheries experts as appropriate. Subsections (e) and (f) would require the Board to nominate 

and select a chairperson from among the members of the Board, establish a standing science committee, and establish additional committees if necessary. Subsection (g) would require the Board to develop a written charter to reflect the purposes, intent, and governance framework of the Partnership. 

Section 5. Information and assessment 

This section would require the Assistant Administrator of NMFS 

to carry out specific information and assessment functions associated with salmon strongholds, including: triennial stronghold assessments, geographic information system and mapping support; 

projections of climate change impacts on all habitats and life history stages of salmon; development and application of models and 

other tools to identify salmon conservation actions projected to 

have the greatest positive impacts on salmon abundance, productivity, or diversity within salmon strongholds; and measurement of 

the effectiveness of Partnership activities. 

Section 6. Salmon Stronghold Watershed Grants and Technical Assistant Program 

Subsections (a) and (b) of this section would require the Assistant Administrator of NMFS to establish a salmon stronghold watershed grants and technical assistance program, the purpose of 

which would be to support protection and restoration activities. 

This support would include funding the administration of the Salmon Stronghold Partnership in carrying out its charter and encourVerDate Mar 15 2010 05:11 Nov 18, 2010 Jkt 099010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\SR348.XXX SR348

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aging cooperation among the entities represented on the Board, 

local authorities, and private entities to establish a network of 

salmon strongholds and assist locally in specific actions that support the Salmon Stronghold Partnership. The program may also 

support entities represented on the Board in their efforts to develop 

and fund salmon stronghold initiatives. The program would also 

support maintaining a forum to share best practices and approaches, employ consistent and comparable metrics, forecast and 

address climate impacts, and monitor, evaluate, and report regional status and trends of salmon ecosystems in coordination with 

related regional and State efforts. Additional support from the program may extend to carrying out activities and existing conservation programs in, and across, salmon strongholds on a regional 

scale to achieve the goals of the Salmon Stronghold Partnership; 

accelerating the implementation of recovery plans in salmon 

strongholds that have salmon populations listed as threatened or 

endangered under the ESA; developing and disseminating information pertaining to the Salmon Stronghold Partnership; and conducting education outreach to the public, in coordination with other 

programs, to encourage increased stewardship of salmon strongholds. 

Subsections (c) and (d) of this section details the selection process 

for projects that would be eligible to receive assistance under the 

program. States with an efficient, cost-effective, and competitive 

grant program for salmon conservation and a viable plan to provide 

accountability under the program would be provided program funds 

by the National Fish and Wildlife Foundation (NFWF) for the selection and administration of intrastate projects. If, however, 

NFWF and the Board determine the State lacks such a competitive 

grant program, then NFWF and the Board would select and administer projects to be carried out within the State. Interstate programs and initiatives would receive funding and administration 

from NFWF and the Board if NFWF and the Board determine such 

projects adhere to the Board’s criteria and: (1) contribute to the 

conservation of salmon; (2) meet the criteria for eligibility in the 

charter; (3) address a factor limiting or threatening to limit abundance, productivity, diversity, habitat quality, or other biological 

attributes important to sustaining viable salmon populations within a salmon stronghold or is a programmatic action that supports 

the Salmon Stronghold Partnership; (4) address limiting factors to 

healthy ecosystem processes or sustainable fisheries management; 

(5) have the potential for conservation benefits and broadly applicable results; and (6) meet cost-sharing and expense limitation requirements. 

Subsections (e) and (f) of this section establish cost-sharing requirements such that the Federal share of the cost for a project on 

non-Federal land may not exceed 50 percent of the total cost, while 

the share may be up to 100 percent for projects on Federal land. 

Non-Federal shares of cost cannot be derived from Federal grant 

programs, but may include in-kind contributions. Any amounts provided by the Bonneville Power Administration directly or through 

a grant to another entity used to carry out a project that receives 

assistance under the program shall be credited toward the nonFederal share of the cost of the project. Of the amount made available to a State or the NFWF under the program for each fiscal 


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year, that State and the NFWF would not be allowed to expend 

more than 5 percent of the amount for administrative and reporting expenses. 

Subsection (g) of this section would require that each person receiving assistance from a State or NFWF provide periodic reports 

to the State or NFWF, as appropriate, to evaluate the progress and 

success of the project. At least every three years, NFWF and each 

State providing funding for the program would be required to submit a report of activities to the Assistant Administrator of NMFS 

to evaluate the implementation of the program. 

Section 7. Interagency cooperation 

This section would require that the heads of each Federal agency 

or department with stewardship over land within a salmon stronghold work with the Assistant Administrator of NMFS and the Director of USFWS to coordinate and streamline Partnership and 

other interagency salmon conservation efforts. 

Section 8. International cooperation 

This section would authorize the Assistant Administrator of 

NMFS and the Board to share conservation data, strategies, methodologies, and other information relevant to north Pacific countries, 

including Canada, Japan, Russia, and South Korea, in addition to 

appropriate international entities for the promotion of salmon and 

salmon habitat conservation. It also would provide a Sense of Congress that the Assistant Administrator of NMFS and the Board 

should provide information to north Pacific countries to support the 

development of a network of salmon strongholds across the nations 

of the north Pacific. 

Section 9. Acquisition and transfer of real property interests 

This section would restrict the acquisition of land and the funding of projects to those whose aims and goals are aligned with the 

program. Property acquisition under the Program would require 

the written consent of the owners or interests of the property. This 

section would also prohibit property transfers from the program to 

another entity unless: (1) the entity is committed to manage the 

property in accordance with the spirit of the Act; or, (2) the transfer provides for the reversion of the property to the United States 

government in the event the entity fails to manage the property in 

accordance with the Act. 

Section 10. Administrative provisions 

Subsection (a) of this section would allow the Secretary of Commerce, in concert with the Board, to: enter into and to use cooperative agreements, contracts and grants and to make funds available 

for salmon stronghold protection, restoration, or enhancement activities; apply for, accept, and use grants from any person to carry 

out the purposes of this Act, unless prohibited by any other provision of law; and make funds available to any Federal agency or department to award financial assistance for any salmon stronghold 

project consistent with the Act. 

Subsection (b) of this section would allow the Secretary of Commerce to enter into an agreement with a 501(c)(3) organization and 

to accept donations of funds or services to carry out activities under 


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this Act. Donations would be considered gifts or bequests to the 

United States and would be allowed to be used by the Secretary 

of Commerce, or in the case of donated property, by the Secretary 

of the Interior, or be provided to other Federal agencies or departments through interagency agreements. 

Section 11. Limitations 

This section states that nothing in this Act may be construed to: 

create a reserved water right, expressly or implicitly, in the United 

States for any purpose, or affect the management or priority of 

water rights under State law; affect existing water rights under 

Federal or State law; affect any Federal or State law in existence 

on the date of enactment of this Act regarding water quality or 

water quantity; affect the authority, jurisdiction, or responsibility 

of any agency or department of the United States or of a State to 

manage, control, or regulate fish and resident wildlife under a Federal or State law or regulation; authorize the Secretary of Commerce or the Secretary of the Interior to control or regulate hunting or fishing under State law; abrogate, abridge, affect, modify, supersede, or otherwise alter any right of a federally recognized Indian tribe under any applicable Federal or tribal law or regulation; 

or diminish or affect the ability of the Secretary of Commerce or 

the Secretary of the Interior to join the adjudication of rights to the 

use of water. 

Section 12. Reports to Congress 

This section would direct the Assistant Administrator of NFMS, 

in consultation with the Director of USFWS, to submit a report to 

Congress describing the activities conducted under the Act at least 

every 3 years. The report would include recommendations, if any, 

for legislation relating to the Salmon Stronghold Partnership. 

Section 13. Authorization of appropriations 

This section would authorize $30 million for each of fiscal years 

2009 through 2013. From this authorization, NFWF would be required to make available sufficient funds to the Board to carry out 

its duties. Of these funds, $300,000 would be authorized for the Assistant Administrator of NMFS to provide technical assistance and 

information and assessment functions under section 5 of the Act. 

Funds appropriated under the authorization would remain available until expended. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee states that the bill as reported 

would make no change to existing law. 

Æ 


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