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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2055 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2055

 To establish a Salmon Stronghold Partnership program to protect wild 
                Pacific salmon, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 2009

 Mr. Thompson of California (for himself, Mr. Dicks, Mr. Simpson, Mr. 
 George Miller of California, Mrs. Capps, Mr. Inslee, Mr. Blumenauer, 
and Mrs. Tauscher) introduced the following bill; which was referred to 
                   the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To establish a Salmon Stronghold Partnership program to protect wild 
                Pacific salmon, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Pacific Salmon 
Stronghold Conservation Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
Sec. 3. Definitions.
Sec. 4. Salmon Stronghold Partnership.
Sec. 5. Information and assessment.
Sec. 6. Salmon stronghold watershed grants and technical assistance 
                            program.
Sec. 7. Interagency cooperation.
Sec. 8. International cooperation.
Sec. 9. Conditions relating to salmon stronghold conservation projects.
Sec. 10. Administrative provisions.
Sec. 11. Acquisition of real property interests.
Sec. 12. Limitations.
Sec. 13. Reports to Congress.
Sec. 14. Authorization of appropriations.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Several species of salmon native to the rivers of the 
        United States are highly migratory, interacting with salmon 
        originating from Canada, Japan, Russia, and South Korea and 
        spending portions of their life history outside of the 
        territorial waters of the United States. Recognition of the 
        migratory and transboundary nature of salmon species has led 
        countries of the North Pacific to seek enhanced coordination 
        and cooperation through multilateral and bilateral agreements.
            (2) Salmon are a keystone species, sustaining more than 180 
        other species in freshwater and marine ecosystems. They are 
        also an indicator of ecosystem health and potential impacts of 
        climate change.
            (3) Salmon are a central part of the culture, economy, and 
        environment of Western North America.
            (4) Economic activities relating to salmon generate 
        billions of dollars of economic activity and provide thousands 
        of jobs.
            (5) During the anticipated future rapid environmental 
        change, maintaining key ecosystem processes and functions, 
        population abundance, and genetic integrity will be vital to 
        ensuring the health and long-term viability of salmon 
        populations.
            (6) Salmon strongholds provide critical production zones 
        for commercial, recreational, and subsistence fisheries.
            (7) Taking into consideration the frequency with which 
        fisheries have collapsed before the enactment of this Act, use 
        of scientific research to correctly identify and conserve core 
        centers of abundance, productivity, and diversity is vital to 
        sustain salmon populations and fisheries in the future.
            (8) Measures being undertaken as of the date of the 
        enactment of this Act to recover threatened or endangered 
        salmon stocks, such as Federal, State, and local programs to 
        restore habitat, are vital. These measures will be complemented 
        and enhanced by identifying and sustaining core centers of 
        abundance, productivity, and diversity in the healthiest 
        remaining salmon ecosystems throughout the range of salmon 
        species.
            (9) The effects of climate change are affecting salmon 
        habitat at all life history stages, and future habitat 
        conservation must consider climate change projections to 
        safeguard natural systems under future climate conditions.
            (10) Greater coordination between public and private 
        entities can assist salmon strongholds by marshaling and 
        focusing resources on scientifically supported, high priority 
        conservation actions.
    (b) Purposes.--The purposes of this Act are--
            (1) to 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--
                    (A) in the States of California, Idaho, Oregon, and 
                Washington, by focusing resources on cooperative, 
                incentive-based efforts to conserve the roughly 20 
                percent of salmon habitat that supports approximately 
                two-thirds of salmon abundance; and
                    (B) in the State of Alaska, a regional stronghold 
                that produces more than one-third of all salmon, by 
                increasing resources available to public and private 
                organizations working cooperatively to conserve 
                regional core centers of salmon abundance and 
                diversity;
            (2) to maintain and enhance economic benefits related to 
        fishing or associated with healthy salmon stronghold habitats, 
        or both, including flood protection, recreation, water quantity 
        and quality, carbon sequestration, climate change mitigation 
        and adaptation, and other ecosystem services; and
            (3) to 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.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Assistant Administrator for the National Marine Fisheries 
        Service of the National Oceanic and Atmospheric Administration.
            (2) Board.--The term ``Board'' means the Salmon Stronghold 
        Partnership Board established under section 4(a)(3).
            (3) Charter.--The term ``Charter'' means the charter of the 
        Board developed under section 4(g).
            (4) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (5) Ecosystem services.--The term ``ecosystem services'' 
        means an ecological benefit 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.
            (6) Program.--Except as otherwise provided, the term 
        ``program'' means the salmon stronghold watershed grants and 
        technical assistance program established under section 6(a).
            (7) Salmon.--The term ``salmon'' means any of the wild 
        anadromous Oncorhynchus species that occur in the Western 
        United States, including--
                    (A) chum salmon (Oncorhynchus keta);
                    (B) pink salmon (Oncorhynchus gorbuscha);
                    (C) sockeye salmon (Oncorhynchus nerka);
                    (D) chinook salmon (Oncorhynchus tshawytscha);
                    (E) coho salmon (Oncorhynchus kisutch); and
                    (F) steelhead trout (Oncorhynchus mykiss).
            (8) Salmon stronghold.--The term ``salmon stronghold'' 
        means any area 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.
            (9) Salmon stronghold partnership.--The term ``Salmon 
        Stronghold Partnership'' means the Salmon Stronghold 
        Partnership established under section 4(a)(1).
            (10) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of Commerce.

SEC. 4. SALMON STRONGHOLD PARTNERSHIP.

    (a) In General.--
            (1) Establishment.--The Secretary shall establish a Salmon 
        Stronghold Partnership that is a cooperative, incentive-based, 
        public-private partnership among appropriate Federal, State, 
        tribal, and local governments, private landowners, and 
        nongovernmental organizations working across political 
        boundaries, government jurisdictions, and land ownerships to 
        identify and conserve salmon strongholds.
            (2) Membership.--To the extent possible, the membership of 
        the Salmon Stronghold Partnership shall include each entity 
        described under subsection (b).
            (3) Leadership.--The Salmon Stronghold Partnership shall be 
        managed by the Salmon Stronghold Partnership Board established 
        under subsection (b).
    (b) Salmon Stronghold Partnership Board.--
            (1) In general.--The Secretary shall establish the Salmon 
        Stronghold Partnership Board for purposes of this Act.
            (2) Membership.--The Board shall consist of individuals 
        with strong scientific or technical credentials and expertise, 
        appointed as follows:
                    (A) One representative from each of--
                            (i) the National Marine Fisheries Service, 
                        appointed by the Administrator;
                            (ii) the United States Fish and Wildlife 
                        Service, appointed by the Director;
                            (iii) the Forest Service, appointed by the 
                        Chief of the Forest Service;
                            (iv) the Environmental Protection Agency, 
                        appointed by the Administrator of such agency;
                            (v) the Bonneville Power Administration, 
                        appointed by the Administrator of such 
                        administration;
                            (vi) the Bureau of Land Management, 
                        appointed by the Director of such bureau; and
                            (vii) the Northwest Power and Conservation 
                        Council, appointed by such council.
                    (B) One representative from the natural resources 
                staff of the office of the Governor or of an 
                appropriate natural resource agency of a State, 
                appointed by the Governor of that State, from each of 
                the States of--
                            (i) Alaska;
                            (ii) California;
                            (iii) Idaho;
                            (iv) Oregon; and
                            (v) Washington.
                    (C) Not less than 3 and not more than 5 
                representatives from Indian tribes or tribal 
                commissions selected by the Board and located within 
                the range of salmon, as appointed by such Indian tribes 
                or tribal commissions.
                    (D) One representative from each of 3 
                nongovernmental organizations with salmon conservation 
                and management expertise, as selected by the Board.
                    (E) One national or regional representative from an 
                association of counties, as selected by the Board.
                    (F) Representatives of any other entities with 
                significant resources regionally dedicated to the 
                protection of salmon ecosystems that the Board 
                determines are appropriate, as selected by the Board.
            (3) Failure to appoint.--If a representative described in 
        subparagraph (B), (C), (D), (E), or (F) of paragraph (1) is not 
        appointed to the Board or fails to otherwise participate in the 
        Board, the Board shall carry out its functions until the 
        representative is appointed or joins in such participation.
    (c) Meetings.--
            (1) Frequency.--Not less frequently than 3 times each year, 
        the Board shall meet to provide opportunities for input from a 
        broader set of stakeholders.
            (2) Notice.--Prior to each meeting the Board shall give 
        timely notice of the meeting to the public, and to each county 
        or tribal government with jurisdiction over all or part of a 
        salmon stronghold identified by the Board.
    (d) Board Consultation.--The Board shall seek expertise from 
fisheries experts from agencies, colleges, or universities as 
appropriate.
    (e) Chairperson.--The Board shall nominate and select a Chairperson 
from among the members of the Board.
    (f) Committees.--The Board shall establish a standing science 
advisory committee to assist it in the development, collection, 
evaluation, and peer review of statistical, biological, economic, 
social, and other scientific information, and may establish additional 
standing or ad hoc committees as necessary.
    (g) Charter.--The Board shall develop a written Charter that--
            (1) provides for the members of the Board described in 
        subsection (b);
            (2) may be signed by a broad range of partners, to reflect 
        a shared understanding of the purposes, intent, and governance 
        framework of the Salmon Stronghold Partnership; and
            (3) includes--
                    (A) the defining criteria for salmon strongholds;
                    (B) the process for identifying salmon strongholds; 
                and
                    (C) the process for awarding salmon stronghold 
                watershed grants under section 6, including--
                            (i) the number of years for which such 
                        grants may be awarded;
                            (ii) the process for renewing such grants;
                            (iii) the eligibility requirements for such 
                        grants;
                            (iv) the process by which eligible projects 
                        may be individually ranked in priority for such 
                        grants according to the magnitude and extent of 
                        their positive impacts on salmon abundance, 
                        productivity or diversity, or any combination 
                        thereof, that lead to increased viability for 
                        salmon populations;
                            (v) reporting requirements for projects 
                        awarded such grants; and
                            (vi) criteria for evaluating the success of 
                        projects awarded such grants.
    (h) Federal Advisory Committee Act.--The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Board.

SEC. 5. INFORMATION AND ASSESSMENT.

    The Administrator shall carry out specific information and 
assessment functions associated with salmon strongholds, in 
coordination with other regional salmon efforts, including--
            (1) triennial assessment of status and trends in salmon 
        strongholds;
            (2) geographic information system and mapping support to 
        facilitate conservation planning;
            (3) projections of climate change impacts on all habitats 
        and life history stages of salmon;
            (4) development and application of models and other tools 
        to identify the salmon conservation actions projected to have 
        the greatest positive impacts on abundance, productivity, or 
        diversity (or any combination thereof) within salmon 
        strongholds; and
            (5) measurement of the effectiveness of Salmon Stronghold 
        Partnership activities.

SEC. 6. SALMON STRONGHOLD WATERSHED GRANTS AND TECHNICAL ASSISTANCE 
              PROGRAM.

    (a) In General.--The Administrator, in consultation with the 
Director, shall establish a salmon stronghold watershed grants and 
technical assistance program, as described in this section.
    (b) Purpose.--The purpose of the program shall be to support salmon 
stronghold protection and restoration activities, including--
            (1) to fund the administration of the Salmon Stronghold 
        Partnership in carrying out the Charter;
            (2) to encourage 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;
            (3) to support entities represented on the Board--
                    (A) to develop strategies focusing on the salmon 
                conservation actions projected to have--
                            (i) the greatest positive impacts on salmon 
                        abundance, productivity, or diversity, or any 
                        combination thereof, in salmon strongholds; and
                            (ii) the greatest positive impacts on long-
                        term salmon habitat and population viability in 
                        salmon strongholds; and
                    (B) to provide financial assistance to the Salmon 
                Stronghold Partnership to increase local economic 
                opportunities and resources for actions or practices 
                that provide long-term or permanent protection for and 
                maintain key ecosystem services in salmon strongholds, 
                including--
                            (i) payments for ecosystem services;
                            (ii) placement of conservation easements, 
                        including those described in 26 U.S.C. 170(h); 
                        and
                            (iii) demonstration projects designed for 
                        specific salmon strongholds;
            (4) to maintain 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;
            (5) to work cooperatively with existing salmon conservation 
        programs in and across salmon strongholds to achieve the goals 
        of the Salmon Stronghold Partnership on a regional scale;
            (6) to accelerate the implementation of recovery plans in 
        salmon strongholds that have salmon populations listed as 
        threatened or endangered under the Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.);
            (7) to develop and make information available to the public 
        pertaining to the Salmon Stronghold Partnership; and
            (8) to conduct education outreach to the public, in 
        coordination with other programs, to encourage increased 
        stewardship of salmon strongholds.
    (c) Administration.--
            (1) In general.--Projects that will be carried out with 
        assistance from the program shall be administered as follows:
                    (A) Site-based projects.--A project that will be 
                carried out with assistance from the program within 1 
                State shall be selected as follows:
                            (i) State projects.--If a State has a 
                        competitive grant process relating to salmon 
                        conservation in effect as of the date of 
                        enactment of this Act and has a proven record 
                        of implementing an efficient, cost-effective, 
                        and competitive grant program for salmon 
                        conservation or has a viable plan to provide 
                        accountability under the program--
                                    (I) the Administrator, in 
                                consultation with the Director, shall 
                                provide funds to the National Fish and 
                                Wildlife Foundation;
                                    (II) the National Fish and Wildlife 
                                Foundation shall, pursuant to a request 
                                by the State for funding under this 
                                section, provide program funds to the 
                                State for selected projects, as 
                                directed by the Board in accordance 
                                with paragraph (2); and
                                    (III) the State shall administer 
                                projects to be carried out in such 
                                State with the assistance of the 
                                program.
                            (ii) National fish and wildlife foundation 
                        projects.--If a State does not meet the 
                        criteria described in clause (i)--
                                    (I) the Administrator, in 
                                consultation with the Director, shall 
                                provide funds to the National Fish and 
                                Wildlife Foundation;
                                    (II) the National Fish and Wildlife 
                                Foundation shall administer selected 
                                projects to be carried out in such 
                                State with the assistance of the 
                                program, as directed by the Board in 
                                accordance with paragraph (2).
                    (B) Multisite and programmatic initiatives.--For a 
                project that will be carried out with assistance from 
                the program in more than 1 State or that is a 
                programmatic initiative that affects more than 1 
                State--
                            (i) the Administrator, in consultation with 
                        the Director, shall provide funds to the 
                        National Fish and Wildlife Foundation; and
                            (ii) the National Fish and Wildlife 
                        Foundation shall administer selected projects 
                        to be carried out with the assistance of the 
                        program, as directed by the Board in accordance 
                        with paragraph (2).
            (2) Project selection.--
                    (A) In general.--Subject to subsection (d), a 
                project is eligible to receive assistance under the 
                program if the project--
                            (i) contributes to the conservation of 
                        salmon;
                            (ii) meets the eligibility criteria set 
                        forth by the Board in its Charter under section 
                        4(g);
                            (iii)(I) addresses 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
                            (II) is a programmatic action that supports 
                        the Salmon Stronghold Partnership;
                            (iv) addresses limiting factors to healthy 
                        ecosystem processes or sustainable fisheries 
                        management;
                            (v) has the potential for conservation 
                        benefits and broadly applicable results; and
                            (vi) meets the requirements for cost 
                        sharing described in paragraph (3).
                    (B) Prioritization.--
                            (i) In general.--The Board shall prioritize 
                        individual projects eligible for funding under 
                        the program in accordance with the process for 
                        such prioritization established in its Charter 
                        under section 4(g)--
                                    (I) not less often than once each 
                                fiscal year; and
                                    (II) following the solicitation of 
                                projects for funding with amounts 
                                available under this Act for the fiscal 
                                year.
                            (ii) Revision.--The Board shall develop or 
                        revise, or both, the criteria necessary to 
                        prioritize projects eligible for funding under 
                        the program--
                                    (I) not less often than once each 
                                fiscal year; and
                                    (II) prior to the prioritization of 
                                projects to be funded with amounts 
                                available under this Act for that 
                                fiscal year.
            (3) Cost sharing.--
                    (A) Federal share.--
                            (i) Non-federal land.--For any fiscal year, 
                        the Federal share of the cost of a project that 
                        receives assistance under the program and that 
                        is carried out on land that is not owned by the 
                        United States shall not exceed 50 percent of 
                        the total cost of the project.
                            (ii) Federal land.--For any fiscal year, 
                        the Federal share of the cost of a project that 
                        receives assistance under the program and that 
                        is carried out on land that is owned by the 
                        United States, including the acquisition of 
                        inholdings, may be up to 100 percent of the 
                        total cost of the project.
                    (B) Non-federal share.--
                            (i) In general.--Subject to clause (ii), 
                        the non-Federal share of the cost of a project 
                        that receives assistance under the program may 
                        not be derived from Federal grant programs, but 
                        may include in-kind contributions.
                            (ii) Bonneville power administration.--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 non-Federal share of the 
                        cost of the project.
    (d) Administrative Expenses.--Of the amount available to a State or 
the National Fish and Wildlife Foundation under the program for each 
fiscal year, such State and the National Fish and Wildlife Foundation 
shall not expend more than 5 percent of such amount for administrative 
and reporting expenses necessary to carry out this section.
    (e) Reports.--
            (1) Reports to states or nfwf.--Each person who receives 
        assistance through a State or the National Fish and Wildlife 
        Foundation under the program for a project shall provide 
        periodic reports to the State or the National Fish and Wildlife 
        Foundation, as appropriate, that include the information 
        required by the State or the National Fish and Wildlife 
        Foundation to evaluate the progress and success of the project.
            (2) Reports to the administration.--Not less frequently 
        than once every three years, each State that is provided 
        program funds under subsection (c)(1)(A)(i) and the National 
        Fish and Wildlife Foundation shall provide reports to the 
        Administrator that include the information required by the 
        Administrator to evaluate the implementation of the program.

SEC. 7. INTERAGENCY COOPERATION.

    The head of each Federal agency or department responsible for 
acquiring, managing, or disposing of Federal land that is within a 
salmon stronghold shall, to the extent consistent with the mission of 
the agency or department and existing law, cooperate with the 
Administrator and the Director to--
            (1) conserve the salmon stronghold; and
            (2) effectively coordinate and streamline Salmon Stronghold 
        Partnership activities and delivery of overlapping, incentive-
        based programs that affect the salmon stronghold.

SEC. 8. INTERNATIONAL COOPERATION.

    (a) Authority To Cooperate.--The Administrator and the Board may 
share status and trends data, innovative conservation strategies, 
conservation planning methodologies, and other information with North 
Pacific countries including Canada, Japan, Russia, and South Korea, and 
appropriate international entities, to promote salmon conservation and 
habitat.
    (b) Sense of Congress.--It is the sense of Congress that the 
Administrator and the Board, or entities that are members of the Board, 
should and are encouraged to provide information to North Pacific 
countries including Canada, Japan, Russia, and South Korea, and 
appropriate international entities, to support the development of a 
network of salmon strongholds across the nations of the North Pacific.

SEC. 9. CONDITIONS RELATING TO SALMON STRONGHOLD CONSERVATION PROJECTS.

    (a) In General.--No land or interest in land, acquired in whole or 
in part by the Secretary of the Interior with Federal funds made 
available under this Act to carry out a salmon stronghold conservation 
project may be transferred to a State, other public agency, or other 
entity unless--
            (1) the Secretary of the Interior determines that the 
        State, agency, or entity is committed to manage, in accordance 
        with this Act and the purposes of this Act, the property being 
        transferred; and
            (2) the deed or other instrument of transfer contains 
        provisions for the reversion of the title to the property to 
        the United States if the State, agency, or entity fails to 
        manage the property in accordance with this Act and the 
        purposes of this Act.
    (b) Requirement.--Any real property interest conveyed under this 
section shall be subject to such terms and conditions as will ensure, 
to the maximum extent practicable, that the interest will be 
administered in accordance with this Act and the purposes of this Act.

SEC. 10. ADMINISTRATIVE PROVISIONS.

    (a) Contracts, Grants, and Transfers of Funds.--In carrying out 
this Act, the Secretary may--
            (1) consistent with a recommendation of the board and 
        notwithstanding sections 6304 and 6305 of title 31, United 
        States Code, and the Federal Financial Assistance Management 
        Improvement Act of 1999 (31 U.S.C. 6101 note; Public Law 106-
        107), enter into cooperative agreements, contracts, and grants;
            (2) notwithstanding any other provision of law, apply for, 
        accept, and use grants from any person to carry out the 
        purposes of this Act; and
            (3) make funds available to any Federal agency to be used 
        by the agency to award financial assistance for any salmon 
        stronghold protection, restoration, or enhancement project that 
        the Secretary determines to be consistent with this Act.
    (b) Donations.--
            (1) In general.--The Secretary may--
                    (A) enter into an agreement with any organization 
                described in section 501(c)(3) of the Internal Revenue 
                Code of 1986 to authorize the organization to carry out 
                activities under this Act; and
                    (B) accept donations of funds or services for use 
                in carrying out this Act.
            (2) Property.--The Secretary of the Interior may accept 
        donations of property for use in carrying out this Act.
            (3) Use of donations.--Donations accepted under this 
        section--
                    (A) shall be considered to be gifts or bequests to, 
                or for the use of, the United States; and
                    (B) may be used directly by the Secretary (or, in 
                the case of donated property under paragraph (2), the 
                Secretary of the Interior) or provided to other Federal 
                agencies or departments through interagency agreements.
    (c) Interagency Financing.--The Secretary may participate in 
interagency financing, including receiving appropriated funds from 
other agencies or departments to carry out this Act.
    (d) Staff.--Subject to the availability of appropriations, the 
Administrator may hire such additional full-time employees as are 
necessary to carry out this Act.

SEC. 11. ACQUISITION OF REAL PROPERTY INTERESTS.

    (a) Use of Real Property.--No project that will result in the 
acquisition by the Secretary or the Secretary of the Interior of any 
land or interest in land, in whole or in part, may receive funds under 
this Act unless the project is consistent with the purposes of this 
Act.
    (b) Private Property Protection.--No Federal funds made available 
to carry out this Act may be used to acquire any real property or any 
interest in any real property without the written consent of the 1 or 
more owners of the property or interest in property.

SEC. 12. LIMITATIONS.

    Nothing in this Act may be construed--
            (1) to create a reserved water right, express or implied, 
        in the United States for any purpose, or affect the management 
        or priority of water rights under State law;
            (2) to affect existing water rights under Federal or State 
        law;
            (3) to affect any Federal or State law in existence on the 
        date of enactment of this Act regarding water quality or water 
        quantity;
            (4) to 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;
            (5) to authorize the Secretary or the Secretary of the 
        Interior to control or regulate hunting or fishing under State 
        law;
            (6) to 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
            (7) to diminish or affect the ability of the Secretary or 
        the Secretary of the Interior to join the adjudication of 
        rights to the use of water pursuant to subsections (a), (b), or 
        (c) of section 208 of the Department of Justice Appropriation 
        Act, 1953 (43 U.S.C. 666).

SEC. 13. REPORTS TO CONGRESS.

    Not less frequently than once every 3 years, the Administrator, in 
consultation with the Director, shall submit to Congress a report 
describing the activities carried out under this Act, including the 
recommendations of the Administrator, if any, for legislation relating 
to the Salmon Stronghold Partnership.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    (a) Grants.--
            (1) In general.--There is authorized to be appropriated to 
        each of the Administrator and Director, to be distributed or 
        administered, or both, by the National Fish and Wildlife 
        Foundation as a fiscal agent, to provide grants under the 
        program $15,000,000 for each of fiscal years 2009 through 2013.
            (2) Board.--The National Fish and Wildlife Foundation 
        shall, from the amount appropriated pursuant to the 
        authorization in paragraph (1), make available sufficient funds 
        to the Board to carry out its duties under this Act.
    (b) Technical Assistance.--For each of fiscal years 2009 through 
2013, there is authorized to be appropriated to the Administrator 
$300,000 to provide technical assistance under the program and to carry 
out section 5.
    (c) Availability of Funds.--Amounts appropriated pursuant to an 
authorization of appropriations in this section are authorized to 
remain available until expended.
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