I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Pacific Salmon Stronghold Conservation Act of 2009’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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. 


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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. 

1 SEC. 2. FINDINGS; PURPOSES. 

2 (a) FINDINGS.—Congress makes the following find3 ings: 

4 (1) Several species of salmon native to the riv5 ers of the United States are highly migratory, inter6 acting with salmon originating from Canada, Japan, 

7 Russia, and South Korea and spending portions of 

8 their life history outside of the territorial waters of 

9 the United States. Recognition of the migratory and 

10 transboundary nature of salmon species has led 

11 countries of the North Pacific to seek enhanced co12 ordination and cooperation through multilateral and 

13 bilateral agreements. 

14 (2) Salmon are a keystone species, sustaining 

15 more than 180 other species in freshwater and ma16 rine ecosystems. They are also an indicator of eco17 system health and potential impacts of climate 

18 change. 

19 (3) Salmon are a central part of the culture, 

20 economy, and environment of Western North Amer21 ica. 


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1 (4) Economic activities relating to salmon gen2 erate billions of dollars of economic activity and pro3 vide thousands of jobs. 

4 (5) During the anticipated future rapid environ5 mental change, maintaining key ecosystem processes 

6 and functions, population abundance, and genetic in7 tegrity will be vital to ensuring the health and long8 term viability of salmon populations. 

9 (6) Salmon strongholds provide critical produc10 tion zones for commercial, recreational, and subsist11 ence fisheries. 

12 (7) Taking into consideration the frequency 

13 with which fisheries have collapsed before the enact14 ment of this Act, use of scientific research to cor15 rectly identify and conserve core centers of abun16 dance, productivity, and diversity is vital to sustain 

17 salmon populations and fisheries in the future. 

18 (8) Measures being undertaken as of the date 

19 of the enactment of this Act to recover threatened 

20 or endangered salmon stocks, such as Federal, 

21 State, and local programs to restore habitat, are 

22 vital. These measures will be complemented and en23 hanced by identifying and sustaining core centers of 

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1 iest remaining salmon ecosystems throughout the 

2 range of salmon species. 

3 (9) The effects of climate change are affecting 

4 salmon habitat at all life history stages, and future 

5 habitat conservation must consider climate change 

6 projections to safeguard natural systems under fu7 ture climate conditions. 

8 (10) Greater coordination between public and 

9 private entities can assist salmon strongholds by 

10 marshaling and focusing resources on scientifically 

11 supported, high priority conservation actions. 

12 (b) PURPOSES.—The purposes of this Act are— 

13 (1) to expand Federal support and resources 

14 for the protection and restoration of the healthiest 

15 remaining salmon strongholds in North America to 

16 sustain core centers of salmon abundance, produc17 tivity, and diversity in order to ensure the long-term 

18 viability of salmon populations— 

19 (A) in the States of California, Idaho, Or20 egon, and Washington, by focusing resources on 

21 cooperative, incentive-based efforts to conserve 

22 the roughly 20 percent of salmon habitat that 

23 supports approximately two-thirds of salmon 

24 abundance; and 


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1 (B) in the State of Alaska, a regional 

2 stronghold that produces more than one-third 

3 of all salmon, by increasing resources available 

4 to public and private organizations working co5 operatively to conserve regional core centers of 

6 salmon abundance and diversity; 

7 (2) to maintain and enhance economic benefits 

8 related to fishing or associated with healthy salmon 

9 stronghold habitats, or both, including flood protec10 tion, recreation, water quantity and quality, carbon 

11 sequestration, climate change mitigation and adapta12 tion, and other ecosystem services; and 

13 (3) to complement and add to existing Federal, 

14 State, and local salmon recovery efforts by using 

15 sound science to identify and sustain core centers of 

16 salmon abundance, productivity, and diversity in the 

17 healthiest remaining salmon ecosystems throughout 

18 their range. 

19 SEC. 3. DEFINITIONS. 

20 In this Act: 

21 (1) ADMINISTRATOR.—The term ‘‘Adminis22 trator’’ means the Assistant Administrator for the 

23 National Marine Fisheries Service of the National 

24 Oceanic and Atmospheric Administration. 


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1 (2) BOARD.—The term ‘‘Board’’ means the 

2 Salmon Stronghold Partnership Board established 

3 under section 4(a)(3). 

4 (3) CHARTER.—The term ‘‘Charter’’ means the 

5 charter of the Board developed under section 4(g). 

6 (4) DIRECTOR.—The term ‘‘Director’’ means 

7 the Director of the United States Fish and Wildlife 

8 Service. 

9 (5) ECOSYSTEM SERVICES.—The term ‘‘eco10 system services’’ means an ecological benefit gen11 erated from a healthy, functioning ecosystem, includ12 ing clean water, pollutant filtration, regulation of 

13 river flow, prevention of soil erosion, regulation of 

14 climate, and fish production. 

15 (6) PROGRAM.—Except as otherwise provided, 

16 the term ‘‘program’’ means the salmon stronghold 

17 watershed grants and technical assistance program 

18 established under section 6(a). 

19 (7) SALMON.—The term ‘‘salmon’’ means any 

20 of the wild anadromous Oncorhynchus species that 

21 occur in the Western United States, including— 

22 (A) chum salmon (Oncorhynchus keta); 

23 (B) pink salmon (Oncorhynchus 

24 gorbuscha); 

25 (C) sockeye salmon (Oncorhynchus nerka); 


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1 (D) chinook salmon (Oncorhynchus 

2 tshawytscha); 

3 (E) coho salmon (Oncorhynchus kisutch); 

4 and 

5 (F) steelhead trout (Oncorhynchus 

6 mykiss). 

7 (8) SALMON STRONGHOLD.—The term ‘‘salmon 

8 stronghold’’ means any area that meets biological 

9 criteria for abundance, productivity, diversity (life 

10 history and run timing), habitat quality, or other bi11 ological attributes important to sustaining viable 

12 populations of salmon throughout their range, as de13 fined by the Board. 

14 (9) SALMON STRONGHOLD PARTNERSHIP.—The 

15 term ‘‘Salmon Stronghold Partnership’’ means the 

16 Salmon Stronghold Partnership established under 

17 section 4(a)(1). 

18 (10) SECRETARY.—Except as otherwise pro19 vided, the term ‘‘Secretary’’ means the Secretary of 

20 Commerce. 

21 SEC. 4. SALMON STRONGHOLD PARTNERSHIP. 

22 (a) IN GENERAL.— 

23 (1) ESTABLISHMENT.—The Secretary shall es24 tablish a Salmon Stronghold Partnership that is a 

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1 ship among appropriate Federal, State, tribal, and 

2 local governments, private landowners, and non3 governmental organizations working across political 

4 boundaries, government jurisdictions, and land own5 erships to identify and conserve salmon strongholds. 

6 (2) MEMBERSHIP.—To the extent possible, the 

7 membership of the Salmon Stronghold Partnership 

8 shall include each entity described under subsection 

9 (b). 

10 (3) LEADERSHIP.—The Salmon Stronghold 

11 Partnership shall be managed by the Salmon 

12 Stronghold Partnership Board established under 

13 subsection (b). 

14 (b) SALMON STRONGHOLD PARTNERSHIP BOARD.— 

15 (1) IN GENERAL.—The Secretary shall establish 

16 the Salmon Stronghold Partnership Board for pur17 poses of this Act. 

18 (2) MEMBERSHIP.—The Board shall consist of 

19 individuals with strong scientific or technical creden20 tials and expertise, appointed as follows: 

21 (A) One representative from each of— 

22 (i) the National Marine Fisheries 

23 Service, appointed by the Administrator; 

24 (ii) the United States Fish and Wild25 life Service, appointed by the Director; 


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1 (iii) the Forest Service, appointed by 

2 the Chief of the Forest Service; 

3 (iv) the Environmental Protection 

4 Agency, appointed by the Administrator of 

5 such agency; 

6 (v) the Bonneville Power Administra7 tion, appointed by the Administrator of 

8 such administration; 

9 (vi) the Bureau of Land Management, 

10 appointed by the Director of such bureau; 

11 and 

12 (vii) the Northwest Power and Con13 servation Council, appointed by such coun14 cil. 

15 (B) One representative from the natural 

16 resources staff of the office of the Governor or 

17 of an appropriate natural resource agency of a 

18 State, appointed by the Governor of that State, 

19 from each of the States of— 

20 (i) Alaska; 

21 (ii) California; 

22 (iii) Idaho; 

23 (iv) Oregon; and 

24 (v) Washington. 


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1 (C) Not less than 3 and not more than 5 

2 representatives from Indian tribes or tribal 

3 commissions selected by the Board and located 

4 within the range of salmon, as appointed by 

5 such Indian tribes or tribal commissions. 

6 (D) One representative from each of 3 

7 nongovernmental organizations with salmon 

8 conservation and management expertise, as se9 lected by the Board. 

10 (E) One national or regional representative 

11 from an association of counties, as selected by 

12 the Board. 

13 (F) Representatives of any other entities 

14 with significant resources regionally dedicated 

15 to the protection of salmon ecosystems that the 

16 Board determines are appropriate, as selected 

17 by the Board. 

18 (3) FAILURE TO APPOINT.—If a representative 

19 described in subparagraph (B), (C), (D), (E), or (F) 

20 of paragraph (1) is not appointed to the Board or 

21 fails to otherwise participate in the Board, the 

22 Board shall carry out its functions until the rep23 resentative is appointed or joins in such participa24 tion. 

25 (c) MEETINGS.— 


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1 (1) FREQUENCY.—Not less frequently than 3 

2 times each year, the Board shall meet to provide op3 portunities for input from a broader set of stake4 holders. 

5 (2) NOTICE.—Prior to each meeting the Board 

6 shall give timely notice of the meeting to the public, 

7 and to each county or tribal government with juris8 diction over all or part of a salmon stronghold iden9 tified by the Board. 

10 (d) BOARD CONSULTATION.—The Board shall seek 

11 expertise from fisheries experts from agencies, colleges, or 

12 universities as appropriate. 

13 (e) CHAIRPERSON.—The Board shall nominate and 

14 select a Chairperson from among the members of the 

15 Board. 

16 (f) COMMITTEES.—The Board shall establish a 

17 standing science advisory committee to assist it in the de18 velopment, collection, evaluation, and peer review of statis19 tical, biological, economic, social, and other scientific in20 formation, and may establish additional standing or ad 

21 hoc committees as necessary. 

22 (g) CHARTER.—The Board shall develop a written 

23 Charter that— 

24 (1) provides for the members of the Board de25 scribed in subsection (b); 


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1 (2) may be signed by a broad range of partners, 

2 to reflect a shared understanding of the purposes, 

3 intent, and governance framework of the Salmon 

4 Stronghold Partnership; and 

5 (3) includes— 

6 (A) the defining criteria for salmon strong7 holds; 

8 (B) the process for identifying salmon 

9 strongholds; and 

10 (C) the process for awarding salmon 

11 stronghold watershed grants under section 6, 

12 including— 

13 (i) the number of years for which such 

14 grants may be awarded; 

15 (ii) the process for renewing such 

16 grants; 

17 (iii) the eligibility requirements for 

18 such grants; 

19 (iv) the process by which eligible 

20 projects may be individually ranked in pri21 ority for such grants according to the mag22 nitude and extent of their positive impacts 

23 on salmon abundance, productivity or di24 versity, or any combination thereof, that 


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1 lead to increased viability for salmon popu2 lations; 

3 (v) reporting requirements for 

4 projects awarded such grants; and 

5 (vi) criteria for evaluating the success 

6 of projects awarded such grants. 

7 (h) FEDERAL ADVISORY COMMITTEE ACT.—The 

8 Federal Advisory Committee Act (5 U.S.C. App.) shall not 

9 apply to the Board. 

10 SEC. 5. INFORMATION AND ASSESSMENT. 

11 The Administrator shall carry out specific informa12 tion and assessment functions associated with salmon 

13 strongholds, in coordination with other regional salmon ef14 forts, including— 

15 (1) triennial assessment of status and trends in 

16 salmon strongholds; 

17 (2) geographic information system and mapping 

18 support to facilitate conservation planning; 

19 (3) projections of climate change impacts on all 

20 habitats and life history stages of salmon; 

21 (4) development and application of models and 

22 other tools to identify the salmon conservation ac23 tions projected to have the greatest positive impacts 

24 on abundance, productivity, or diversity (or any 

25 combination thereof) within salmon strongholds; and 


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1 (5) measurement of the effectiveness of Salmon 

2 Stronghold Partnership activities. 

3 SEC. 6. SALMON STRONGHOLD WATERSHED GRANTS AND 

4 TECHNICAL ASSISTANCE PROGRAM. 

5 (a) IN GENERAL.—The Administrator, in consulta6 tion with the Director, shall establish a salmon stronghold 

7 watershed grants and technical assistance program, as de8 scribed in this section. 

9 (b) PURPOSE.—The purpose of the program shall be 

10 to support salmon stronghold protection and restoration 

11 activities, including— 

12 (1) to fund the administration of the Salmon 

13 Stronghold Partnership in carrying out the Charter; 

14 (2) to encourage cooperation among the entities 

15 represented on the Board, local authorities, and pri16 vate entities to establish a network of salmon strong17 holds, and assist locally in specific actions that sup18 port the Salmon Stronghold Partnership; 

19 (3) to support entities represented on the 

20 Board— 

21 (A) to develop strategies focusing on the 

22 salmon conservation actions projected to have— 

23 (i) the greatest positive impacts on 

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1 sity, or any combination thereof, in salmon 

2 strongholds; and 

3 (ii) the greatest positive impacts on 

4 long-term salmon habitat and population 

5 viability in salmon strongholds; and 

6 (B) to provide financial assistance to the 

7 Salmon Stronghold Partnership to increase 

8 local economic opportunities and resources for 

9 actions or practices that provide long-term or 

10 permanent protection for and maintain key eco11 system services in salmon strongholds, includ12 ing— 

13 (i) payments for ecosystem services; 

14 (ii) placement of conservation ease15 ments, including those described in 26 

16 U.S.C. 170(h); and 

17 (iii) demonstration projects designed 

18 for specific salmon strongholds; 

19 (4) to maintain a forum to share best practices 

20 and approaches, employ consistent and comparable 

21 metrics, forecast and address climate impacts, and 

22 monitor, evaluate, and report regional status and 

23 trends of salmon ecosystems in coordination with re24 lated regional and State efforts; 


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1 (5) to work cooperatively with existing salmon 

2 conservation programs in and across salmon strong3 holds to achieve the goals of the Salmon Stronghold 

4 Partnership on a regional scale; 

5 (6) to accelerate the implementation of recovery 

6 plans in salmon strongholds that have salmon popu7 lations listed as threatened or endangered under the 

8 Endangered Species Act of 1973 (16 U.S.C. 1531 et 

9 seq.); 

10 (7) to develop and make information available 

11 to the public pertaining to the Salmon Stronghold 

12 Partnership; and 

13 (8) to conduct education outreach to the public, 

14 in coordination with other programs, to encourage 

15 increased stewardship of salmon strongholds. 

16 (c) ADMINISTRATION.— 

17 (1) IN GENERAL.—Projects that will be carried 

18 out with assistance from the program shall be ad19 ministered as follows: 

20 (A) SITE-BASED PROJECTS.—A project 

21 that will be carried out with assistance from the 

22 program within 1 State shall be selected as fol23 lows: 

24 (i) STATE PROJECTS.—If a State has 

25 a competitive grant process relating to 


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1 salmon conservation in effect as of the 

2 date of enactment of this Act and has a 

3 proven record of implementing an efficient, 

4 cost-effective, and competitive grant pro5 gram for salmon conservation or has a via6 ble plan to provide accountability under 

7 the program— 

8 (I) the Administrator, in con9 sultation with the Director, shall pro10 vide funds to the National Fish and 

11 Wildlife Foundation; 

12 (II) the National Fish and Wild13 life Foundation shall, pursuant to a 

14 request by the State for funding 

15 under this section, provide program 

16 funds to the State for selected 

17 projects, as directed by the Board in 

18 accordance with paragraph (2); and 

19 (III) the State shall administer 

20 projects to be carried out in such 

21 State with the assistance of the pro22 gram. 

23 (ii) NATIONAL FISH AND WILDLIFE

24 FOUNDATION PROJECTS.—If a State does 


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1 not meet the criteria described in clause 

2 (i)— 

3 (I) the Administrator, in con4 sultation with the Director, shall pro5 vide funds to the National Fish and 

6 Wildlife Foundation; 

7 (II) the National Fish and Wild8 life Foundation shall administer se9 lected projects to be carried out in 

10 such State with the assistance of the 

11 program, as directed by the Board in 

12 accordance with paragraph (2). 

13 (B) MULTISITE AND PROGRAMMATIC INI14 TIATIVES.—For a project that will be carried 

15 out with assistance from the program in more 

16 than 1 State or that is a programmatic initia17 tive that affects more than 1 State— 

18 (i) the Administrator, in consultation 

19 with the Director, shall provide funds to 

20 the National Fish and Wildlife Founda21 tion; and 

22 (ii) the National Fish and Wildlife 

23 Foundation shall administer selected 

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1 ance of the program, as directed by the 

2 Board in accordance with paragraph (2). 

3 (2) PROJECT SELECTION.— 

4 (A) IN GENERAL.—Subject to subsection 

5 (d), a project is eligible to receive assistance 

6 under the program if the project— 

7 (i) contributes to the conservation of 

8 salmon; 

9 (ii) meets the eligibility criteria set 

10 forth by the Board in its Charter under 

11 section 4(g); 

12 (iii)(I) addresses a factor limiting or 

13 threatening to limit abundance, produc14 tivity, diversity, habitat quality, or other 

15 biological attributes important to sus16 taining viable salmon populations within a 

17 salmon stronghold; or 

18 (II) is a programmatic action that 

19 supports the Salmon Stronghold Partner20 ship; 

21 (iv) addresses limiting factors to 

22 healthy ecosystem processes or sustainable 

23 fisheries management; 

24 (v) has the potential for conservation 

25 benefits and broadly applicable results; and 


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1 (vi) meets the requirements for cost 

2 sharing described in paragraph (3). 

3 (B) PRIORITIZATION.— 

4 (i) IN GENERAL.—The Board shall 

5 prioritize individual projects eligible for 

6 funding under the program in accordance 

7 with the process for such prioritization es8 tablished in its Charter under section 

9 4(g)— 

10 (I) not less often than once each 

11 fiscal year; and 

12 (II) following the solicitation of 

13 projects for funding with amounts 

14 available under this Act for the fiscal 

15 year. 

16 (ii) REVISION.—The Board shall de17 velop or revise, or both, the criteria nec18 essary to prioritize projects eligible for 

19 funding under the program— 

20 (I) not less often than once each 

21 fiscal year; and 

22 (II) prior to the prioritization of 

23 projects to be funded with amounts 

24 available under this Act for that fiscal 

25 year. 


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1 (3) COST SHARING.— 

2 (A) FEDERAL SHARE.— 

3 (i) NON-FEDERAL LAND.—For any 

4 fiscal year, the Federal share of the cost of 

5 a project that receives assistance under the 

6 program and that is carried out on land 

7 that is not owned by the United States 

8 shall not exceed 50 percent of the total 

9 cost of the project. 

10 (ii) FEDERAL LAND.—For any fiscal 

11 year, the Federal share of the cost of a 

12 project that receives assistance under the 

13 program and that is carried out on land 

14 that is owned by the United States, includ15 ing the acquisition of inholdings, may be 

16 up to 100 percent of the total cost of the 

17 project. 

18 (B) NON-FEDERAL SHARE.— 

19 (i) IN GENERAL.—Subject to clause 

20 (ii), the non-Federal share of the cost of a 

21 project that receives assistance under the 

22 program may not be derived from Federal 

23 grant programs, but may include in-kind 

24 contributions. 


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1 (ii) BONNEVILLE POWER ADMINISTRA2 TION.—Any amounts provided by the Bon3 neville Power Administration directly or 

4 through a grant to another entity used to 

5 carry out a project that receives assistance 

6 under the program shall be credited toward 

7 the non-Federal share of the cost of the 

8 project. 

9 (d) ADMINISTRATIVE EXPENSES.—Of the amount 

10 available to a State or the National Fish and Wildlife 

11 Foundation under the program for each fiscal year, such 

12 State and the National Fish and Wildlife Foundation shall 

13 not expend more than 5 percent of such amount for ad14 ministrative and reporting expenses necessary to carry out 

15 this section. 

16 (e) REPORTS.— 

17 (1) REPORTS TO STATES OR NFWF.—Each per18 son who receives assistance through a State or the 

19 National Fish and Wildlife Foundation under the 

20 program for a project shall provide periodic reports 

21 to the State or the National Fish and Wildlife Foun22 dation, as appropriate, that include the information 

23 required by the State or the National Fish and 

24 Wildlife Foundation to evaluate the progress and 

25 success of the project. 


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1 (2) REPORTS TO THE ADMINISTRATION.—Not 

2 less frequently than once every three years, each 

3 State that is provided program funds under sub4 section (c)(1)(A)(i) and the National Fish and Wild5 life Foundation shall provide reports to the Adminis6 trator that include the information required by the 

7 Administrator to evaluate the implementation of the 

8 program. 

9 SEC. 7. INTERAGENCY COOPERATION. 

10 The head of each Federal agency or department re11 sponsible for acquiring, managing, or disposing of Federal 

12 land that is within a salmon stronghold shall, to the extent 

13 consistent with the mission of the agency or department 

14 and existing law, cooperate with the Administrator and the 

15 Director to— 

16 (1) conserve the salmon stronghold; and 

17 (2) effectively coordinate and streamline Salm18 on Stronghold Partnership activities and delivery of 

19 overlapping, incentive-based programs that affect the 

20 salmon stronghold. 

21 SEC. 8. INTERNATIONAL COOPERATION. 

22 (a) AUTHORITY TO COOPERATE.—The Adminis23 trator and the Board may share status and trends data, 

24 innovative conservation strategies, conservation planning 

25 methodologies, and other information with North Pacific 


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1 countries including Canada, Japan, Russia, and South 

2 Korea, and appropriate international entities, to promote 

3 salmon conservation and habitat. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that the Administrator and the Board, or entities 

6 that are members of the Board, should and are encour7 aged to provide information to North Pacific countries in8 cluding Canada, Japan, Russia, and South Korea, and ap9 propriate international entities, to support the develop10 ment of a network of salmon strongholds across the na11 tions of the North Pacific. 

12 SEC. 9. CONDITIONS RELATING TO SALMON STRONGHOLD 

13 CONSERVATION PROJECTS. 

14 (a) IN GENERAL.—No land or interest in land, ac15 quired in whole or in part by the Secretary of the Interior 

16 with Federal funds made available under this Act to carry 

17 out a salmon stronghold conservation project may be 

18 transferred to a State, other public agency, or other entity 

19 unless— 

20 (1) the Secretary of the Interior determines 

21 that the State, agency, or entity is committed to 

22 manage, in accordance with this Act and the pur23 poses of this Act, the property being transferred; 

24 and 


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1 (2) the deed or other instrument of transfer 

2 contains provisions for the reversion of the title to 

3 the property to the United States if the State, agen4 cy, or entity fails to manage the property in accord5 ance with this Act and the purposes of this Act. 

6 (b) REQUIREMENT.—Any real property interest con7 veyed under this section shall be subject to such terms 

8 and conditions as will ensure, to the maximum extent 

9 practicable, that the interest will be administered in ac10 cordance with this Act and the purposes of this Act. 

11 SEC. 10. ADMINISTRATIVE PROVISIONS. 

12 (a) CONTRACTS, GRANTS, AND TRANSFERS OF

13 FUNDS.—In carrying out this Act, the Secretary may— 

14 (1) consistent with a recommendation of the 

15 board and notwithstanding sections 6304 and 6305 

16 of title 31, United States Code, and the Federal Fi17 nancial Assistance Management Improvement Act of 

18 1999 (31 U.S.C. 6101 note; Public Law 106–107), 

19 enter into cooperative agreements, contracts, and 

20 grants; 

21 (2) notwithstanding any other provision of law, 

22 apply for, accept, and use grants from any person to 

23 carry out the purposes of this Act; and 

24 (3) make funds available to any Federal agency 

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1 ance for any salmon stronghold protection, restora2 tion, or enhancement project that the Secretary de3 termines to be consistent with this Act. 

4 (b) DONATIONS.— 

5 (1) IN GENERAL.—The Secretary may— 

6 (A) enter into an agreement with any orga7 nization described in section 501(c)(3) of the 

8 Internal Revenue Code of 1986 to authorize the 

9 organization to carry out activities under this 

10 Act; and 

11 (B) accept donations of funds or services 

12 for use in carrying out this Act. 

13 (2) PROPERTY.—The Secretary of the Interior 

14 may accept donations of property for use in carrying 

15 out this Act. 

16 (3) USE OF DONATIONS.—Donations accepted 

17 under this section— 

18 (A) shall be considered to be gifts or be19 quests to, or for the use of, the United States; 

20 and 

21 (B) may be used directly by the Secretary 

22 (or, in the case of donated property under para23 graph (2), the Secretary of the Interior) or pro24 vided to other Federal agencies or departments 

25 through interagency agreements. 


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1 (c) INTERAGENCY FINANCING.—The Secretary may 

2 participate in interagency financing, including receiving 

3 appropriated funds from other agencies or departments to 

4 carry out this Act. 

5 (d) STAFF.—Subject to the availability of appropria6 tions, the Administrator may hire such additional full-time 

7 employees as are necessary to carry out this Act. 

8 SEC. 11. ACQUISITION OF REAL PROPERTY INTERESTS. 

9 (a) USE OF REAL PROPERTY.—No project that will 

10 result in the acquisition by the Secretary or the Secretary 

11 of the Interior of any land or interest in land, in whole 

12 or in part, may receive funds under this Act unless the 

13 project is consistent with the purposes of this Act. 

14 (b) PRIVATE PROPERTY PROTECTION.—No Federal 

15 funds made available to carry out this Act may be used 

16 to acquire any real property or any interest in any real 

17 property without the written consent of the 1 or more own18 ers of the property or interest in property. 

19 SEC. 12. LIMITATIONS. 

20 Nothing in this Act may be construed— 

21 (1) to create a reserved water right, express or 

22 implied, in the United States for any purpose, or af23 fect the management or priority of water rights 

24 under State law; 


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1 (2) to affect existing water rights under Federal 

2 or State law; 

3 (3) to affect any Federal or State law in exist4 ence on the date of enactment of this Act regarding 

5 water quality or water quantity; 

6 (4) to affect the authority, jurisdiction, or re7 sponsibility of any agency or department of the 

8 United States or of a State to manage, control, or 

9 regulate fish and resident wildlife under a Federal or 

10 State law or regulation; 

11 (5) to authorize the Secretary or the Secretary 

12 of the Interior to control or regulate hunting or fish13 ing under State law; 

14 (6) to abrogate, abridge, affect, modify, super15 sede, or otherwise alter any right of a federally rec16 ognized Indian tribe under any applicable Federal or 

17 tribal law or regulation; or 

18 (7) to diminish or affect the ability of the Sec19 retary or the Secretary of the Interior to join the ad20 judication of rights to the use of water pursuant to 

21 subsections (a), (b), or (c) of section 208 of the De22 partment of Justice Appropriation Act, 1953 (43 

23 U.S.C. 666). 


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1 SEC. 13. REPORTS TO CONGRESS. 

2 Not less frequently than once every 3 years, the Ad3 ministrator, in consultation with the Director, shall submit 

4 to Congress a report describing the activities carried out 

5 under this Act, including the recommendations of the Ad6 ministrator, if any, for legislation relating to the Salmon 

7 Stronghold Partnership. 

8 SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) GRANTS.— 

10 (1) IN GENERAL.—There is authorized to be 

11 appropriated to each of the Administrator and Di12 rector, to be distributed or administered, or both, by 

13 the National Fish and Wildlife Foundation as a fis14 cal agent, to provide grants under the program 

15 $15,000,000 for each of fiscal years 2009 through 

16 2013. 

17 (2) BOARD.—The National Fish and Wildlife 

18 Foundation shall, from the amount appropriated 

19 pursuant to the authorization in paragraph (1), 

20 make available sufficient funds to the Board to carry 

21 out its duties under this Act. 

22 (b) TECHNICAL ASSISTANCE.—For each of fiscal 

23 years 2009 through 2013, there is authorized to be appro24 priated to the Administrator $300,000 to provide technical 

25 assistance under the program and to carry out section 5. 


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1 (c) AVAILABILITY OF FUNDS.—Amounts appro2 priated pursuant to an authorization of appropriations in 

3 this section are authorized to remain available until ex4 pended. 

Æ 


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