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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1401 Reported in Senate (RS)]

                                                       Calendar No. 306
112th CONGRESS
  2d Session
                                S. 1401

                          [Report No. 112-140]

        To conserve wild Pacific salmon, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2011

Ms. Cantwell (for herself, Ms. Murkowski, Mrs. Boxer, Mr. Begich, Mrs. 
   Murray, Mr. Merkley, Mr. Wyden and Mrs. Feinstein) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

                            January 30, 2012

             Reported by Mr. Rockefeller, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
        To conserve 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Pacific 
Salmon Stronghold Conservation Act of 2011''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Purposes.
<DELETED>Sec. 3. Definitions.
<DELETED>Sec. 4. Salmon Stronghold Partnership.
<DELETED>Sec. 5. Information and assessment.
<DELETED>Sec. 6. Salmon stronghold watershed grants and technical 
                            assistance program.
<DELETED>Sec. 7. Interagency cooperation.
<DELETED>Sec. 8. International cooperation.
<DELETED>Sec. 9. Acquisition and transfer of real property interests.
<DELETED>Sec. 10. Administrative provisions.
<DELETED>Sec. 11. Limitations.
<DELETED>Sec. 12. Reports to Congress.

<DELETED>SEC. 2. PURPOSES.</DELETED>

<DELETED>    The purposes of this Act are--</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (2) to maintain billions of dollars in economic 
        activity and tens of thousands of jobs from salmon related 
        activities that rely on healthy salmon populations and salmon 
        stronghold habitats;</DELETED>
        <DELETED>    (3) to 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</DELETED>
        <DELETED>    (4) 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.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Administrator.--The term ``Administrator'' 
        means the Assistant Administrator for the National Marine 
        Fisheries Service of the National Oceanic and Atmospheric 
        Administration.</DELETED>
        <DELETED>    (2) Board.--The term ``Board'' means the Salmon 
        Stronghold Partnership Board established under section 
        4.</DELETED>
        <DELETED>    (3) Charter.--The term ``charter'' means the 
        charter of the Board developed under section 4(g).</DELETED>
        <DELETED>    (4) Director.--The term ``Director'' means the 
        Director of the United States Fish and Wildlife 
        Service.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (6) Program.--Except as otherwise provided, the 
        term ``program'' means the salmon stronghold watershed grants 
        and technical assistance program established under section 
        6(a).</DELETED>
        <DELETED>    (7) Salmon.--The term ``salmon'' means any of the 
        wild anadromous Oncorhynchus species that occur in the Western 
        United States, including--</DELETED>
                <DELETED>    (A) chum salmon (Oncorhynchus 
                keta);</DELETED>
                <DELETED>    (B) pink salmon (Oncorhynchus 
                gorbuscha);</DELETED>
                <DELETED>    (C) sockeye salmon (Oncorhynchus 
                nerka);</DELETED>
                <DELETED>    (D) chinook salmon (Oncorhynchus 
                tshawytscha);</DELETED>
                <DELETED>    (E) coho salmon (Oncorhynchus kisutch); 
                and</DELETED>
                <DELETED>    (F) steelhead trout (Oncorhynchus 
                mykiss).</DELETED>
        <DELETED>    (8) Salmon stronghold.--The term ``salmon 
        stronghold'' means status conferred to a defined geographical 
        unit which meets biological criteria for abundance, 
        productivity, diversity (genetic and life history), habitat 
        quality, or other biological attributes important to sustaining 
        viable populations of salmon throughout their range, as defined 
        by the Board under section 4(g)(3).</DELETED>
        <DELETED>    (9) Salmon stronghold partnership.--The term 
        ``Salmon Stronghold Partnership'' means the Salmon Stronghold 
        Partnership established under section 4(a)(1).</DELETED>
        <DELETED>    (10) Secretary.--Except as otherwise provided, the 
        term ``Secretary'' means the Secretary of Commerce.</DELETED>

<DELETED>SEC. 4. SALMON STRONGHOLD PARTNERSHIP.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Membership.--To the extent possible, the 
        membership of the Salmon Stronghold Partnership shall include 
        each entity described under subsection (b).</DELETED>
        <DELETED>    (3) Leadership.--The Salmon Stronghold Partnership 
        shall be managed by a Board established by the Secretary to be 
        known as the Salmon Stronghold Partnership Board.</DELETED>
<DELETED>    (b) Salmon Stronghold Partnership Board.--</DELETED>
        <DELETED>    (1) In general.--The Board shall consist of 
        representatives with strong scientific or technical credentials 
        and expertise as follows:</DELETED>
                <DELETED>    (A) One representative from each of--
                </DELETED>
                        <DELETED>    (i) the National Marine Fisheries 
                        Service, as appointed by the 
                        Administrator;</DELETED>
                        <DELETED>    (ii) the United States Fish and 
                        Wildlife Service, as appointed by the 
                        Director;</DELETED>
                        <DELETED>    (iii) the Forest Service, as 
                        appointed by the Chief of the Forest 
                        Service;</DELETED>
                        <DELETED>    (iv) the Environmental Protection 
                        Agency, as appointed by the Administrator of 
                        the Environmental Protection Agency;</DELETED>
                        <DELETED>    (v) the Bonneville Power 
                        Administration, as appointed by the 
                        Administrator of the Bonneville Power 
                        Administration;</DELETED>
                        <DELETED>    (vi) the Bureau of Land 
                        Management, as appointed by the Director of the 
                        Bureau of Land Management; and</DELETED>
                        <DELETED>    (vii) the Northwest Power and 
                        Conservation Council, as appointed by the 
                        Northwest Power and Conservation 
                        Council.</DELETED>
                <DELETED>    (B) One representative from the natural 
                resources staff of the office of the Governor or of an 
                appropriate natural resource agency of a State, as 
                appointed by the Governor, from each of the States of--
                </DELETED>
                        <DELETED>    (i) Alaska;</DELETED>
                        <DELETED>    (ii) California;</DELETED>
                        <DELETED>    (iii) Idaho;</DELETED>
                        <DELETED>    (iv) Oregon; and</DELETED>
                        <DELETED>    (v) Washington.</DELETED>
                <DELETED>    (C) Not less than 3 and not more than 5 
                representatives from Indian tribes or tribal 
                commissions located within the range of a salmon 
                species, as appointed by such Indian tribes or tribal 
                commissions, in consultation with the Board.</DELETED>
                <DELETED>    (D) One representative from each of 3 non-
                governmental organizations with salmon conservation and 
                management expertise, as selected by the 
                Board.</DELETED>
                <DELETED>    (E) One national or regional 
                representative from an association of counties, as 
                selected by the Board.</DELETED>
        <DELETED>    (2) Failure to appoint.--If a representative 
        described in subparagraph (B), (C), (D), or (E) of paragraph 
        (1) is not appointed to the Board or otherwise fails to 
        participate in the Board, the Board shall carry out its 
        functions until such representative is appointed or joins in 
        such participation.</DELETED>
<DELETED>    (c) Meetings.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Notice.--Prior to each meeting, the Board 
        shall give timely notice of the meeting to the public, the 
        government of each county, and tribal governments in which a 
        salmon stronghold is identified by the Board.</DELETED>
<DELETED>    (d) Board Consultation.--The Board shall seek expertise 
from fisheries experts, as appropriate.</DELETED>
<DELETED>    (e) Chairperson.--The Board shall nominate and select a 
Chairperson from among the members of the Board.</DELETED>
<DELETED>    (f) Committee.--The Board shall establish a standing 
science advisory committee to assist the Board in the development, 
collection, evaluation, and peer review of statistical, biological, 
economic, social, and other scientific information.</DELETED>
<DELETED>    (g) Charter.--The Board shall develop a written charter 
that--</DELETED>
        <DELETED>    (1) provides for the members of the Board 
        described in subsection (b);</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) includes--</DELETED>
                <DELETED>    (A) the defining criteria for a salmon 
                stronghold;</DELETED>
                <DELETED>    (B) the process for identifying salmon 
                strongholds; and</DELETED>
                <DELETED>    (C) the process for reviewing and awarding 
                grants under the program, including--</DELETED>
                        <DELETED>    (i) the number of years for which 
                        such a grant may be awarded;</DELETED>
                        <DELETED>    (ii) the process for renewing such 
                        a grant;</DELETED>
                        <DELETED>    (iii) the eligibility requirements 
                        for such a grant;</DELETED>
                        <DELETED>    (iv) the reporting requirements 
                        for projects awarded such a grant; 
                        and</DELETED>
                        <DELETED>    (v) the criteria for evaluating 
                        the success of a project carried out with such 
                        a grant.</DELETED>
<DELETED>    (h) Federal Advisory Committee Act.--The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the Board.</DELETED>

<DELETED>SEC. 5. INFORMATION AND ASSESSMENT.</DELETED>

<DELETED>    The Administrator shall carry out specific information and 
assessment functions associated with salmon strongholds, in 
coordination with other regional salmon efforts, including--</DELETED>
        <DELETED>    (1) triennial assessment of status and trends in 
        salmon strongholds;</DELETED>
        <DELETED>    (2) geographic information system and mapping 
        support to facilitate conservation planning;</DELETED>
        <DELETED>    (3) projections of climate change impacts on 
        habitats and life history stages of salmon;</DELETED>
        <DELETED>    (4) 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</DELETED>
        <DELETED>    (5) measurement of the effectiveness of the Salmon 
        Stronghold Partnership activities.</DELETED>

<DELETED>SEC. 6. SALMON STRONGHOLD WATERSHED GRANTS AND TECHNICAL 
              ASSISTANCE PROGRAM.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Purpose.--The purpose of the program shall be to 
support salmon stronghold protection and restoration activities, 
including--</DELETED>
        <DELETED>    (1) to fund the administration of the Salmon 
        Stronghold Partnership in carrying out the charter;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) to support entities represented on the Board--
        </DELETED>
                <DELETED>    (A) to develop strategies focusing on 
                salmon conservation actions projected to have the 
                greatest positive impacts on abundance, productivity, 
                or diversity in salmon strongholds; and</DELETED>
                <DELETED>    (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 
                conservation and that maintain key ecosystem services 
                in salmon strongholds;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (5) to carry out activities and existing 
        conservation programs in, and across, salmon strongholds on a 
        regional scale to achieve the goals of the Salmon Stronghold 
        Partnership;</DELETED>
        <DELETED>    (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.); and</DELETED>
        <DELETED>    (7) to develop and make information available to 
        the public pertaining to the Salmon Stronghold 
        Partnership.</DELETED>
<DELETED>    (c) Selection.--Projects that will be carried out with 
assistance from the program shall be selected and administered as 
follows:</DELETED>
        <DELETED>    (1) Site-based projects.--A project that will be 
        carried out with assistance from the program within 1 State 
        shall be selected as follows:</DELETED>
                <DELETED>    (A) State selection.--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--</DELETED>
                        <DELETED>    (i) the National Fish and Wildlife 
                        Foundation, in consultation with the Board, 
                        shall provide program funds to the State; 
                        and</DELETED>
                        <DELETED>    (ii) the State shall select and 
                        administer projects to be carried out in such 
                        State, in accordance with subsection 
                        (d).</DELETED>
                <DELETED>    (B) National fish and wildlife foundation 
                selection.--If a State does not meet the criteria 
                described in subparagraph (A)--</DELETED>
                        <DELETED>    (i) the Administrator, in 
                        consultation with the Director, shall provide 
                        funds to the National Fish and Wildlife 
                        Foundation; and</DELETED>
                        <DELETED>    (ii) the National Fish and 
                        Wildlife Foundation, in consultation with the 
                        Board, shall select and administer projects to 
                        be carried out in such State, in accordance 
                        with subsection (d).</DELETED>
        <DELETED>    (2) 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--</DELETED>
                <DELETED>    (A) the Administrator, in consultation 
                with the Director, shall provide funds to the National 
                Fish and Wildlife Foundation; and</DELETED>
                <DELETED>    (B) the National Fish and Wildlife 
                Foundation, in consultation with the Board, shall 
                select and administer such projects to be carried out, 
                in accordance with subsection (d).</DELETED>
<DELETED>    (d) Criteria for Approval.--</DELETED>
        <DELETED>    (1) Criteria developed by the board.--</DELETED>
                <DELETED>    (A) Requirement to develop.--The Board 
                shall develop and provide criteria for the 
                prioritization of projects funded under the program in 
                a manner that enables projects to be individually 
                ranked in sequential order by the magnitude of the 
                project's positive impacts on salmon abundance, 
                productivity, or diversity.</DELETED>
                <DELETED>    (B) Specific requirements.--The criteria 
                required by subparagraph (A) shall require that a 
                project that receives assistance under the program--
                </DELETED>
                        <DELETED>    (i) contributes to the 
                        conservation of salmon;</DELETED>
                        <DELETED>    (ii) meets the criteria for 
                        eligibility established in the 
                        charter;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (II) is a programmatic action that 
                        supports the Salmon Stronghold 
                        Partnership;</DELETED>
                        <DELETED>    (iv) addresses limiting factors to 
                        healthy ecosystem processes or sustainable 
                        fisheries management;</DELETED>
                        <DELETED>    (v) has the potential for 
                        conservation benefits and broadly applicable 
                        results; and</DELETED>
                        <DELETED>    (vi) meets the requirements for--
                        </DELETED>
                                <DELETED>    (I) cost sharing described 
                                in subsection (e); and</DELETED>
                                <DELETED>    (II) the limitation on 
                                administrative expenses described in 
                                subsection (f).</DELETED>
                <DELETED>    (C) Schedule for development.--The Board 
                shall--</DELETED>
                        <DELETED>    (i) develop and provide the 
                        criteria required by subparagraph (A) prior to 
                        the initial solicitation of projects under the 
                        program; and</DELETED>
                        <DELETED>    (ii) revise such criteria not less 
                        often than once each year.</DELETED>
<DELETED>    (e) Cost Sharing.--</DELETED>
        <DELETED>    (1) Federal share.--</DELETED>
                <DELETED>    (A) 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.</DELETED>
                <DELETED>    (B) 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 
                may be up to 100 percent of the total cost of the 
                project.</DELETED>
        <DELETED>    (2) Non-federal share.--</DELETED>
                <DELETED>    (A) In general.--Subject to subparagraph 
                (B), 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.</DELETED>
                <DELETED>    (B) 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.</DELETED>
<DELETED>    (f) Administrative Expenses.--</DELETED>
        <DELETED>    (1) Limit on state and national fish and wildlife 
        foundation expenditures.--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.</DELETED>
        <DELETED>    (2) Limit on national oceanic and atmospheric 
        administration expenditures.--Of the amount available to the 
        National Oceanic and Atmospheric Administration under the 
        program for each fiscal year, the National Oceanic and 
        Atmospheric Administration shall not expend more than 5 percent 
        of such amount for administrative and reporting expenses 
        necessary to carry out this section.</DELETED>
<DELETED>    (g) Reports.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Reports to the administration.--Not less 
        frequently than once every 3 years, each State that is provided 
        program funds under subsection (c)(1)(A) 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.</DELETED>

<DELETED>SEC. 7. INTERAGENCY COOPERATION.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) to conserve the salmon strongholds; 
        and</DELETED>
        <DELETED>    (2) to effectively coordinate and streamline 
        Salmon Stronghold Partnership activities and delivery of 
        overlapping, incentive-based programs that affect the salmon 
        stronghold.</DELETED>

<DELETED>SEC. 8. INTERNATIONAL COOPERATION.</DELETED>

<DELETED>    (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 
conservation of salmon and salmon habitat.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 9. ACQUISITION AND TRANSFER OF REAL PROPERTY 
              INTERESTS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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 each owner of the property or interest in 
property.</DELETED>
<DELETED>    (c) Transfer of Real Property.--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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Requirement.--Any real property interest conveyed 
under subsection (c) 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.</DELETED>

<DELETED>SEC. 10. ADMINISTRATIVE PROVISIONS.</DELETED>

<DELETED>    (a) Contracts, Grants, and Transfers of Funds.--In 
carrying out this Act, the Secretary may--</DELETED>
        <DELETED>    (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), enter into 
        cooperative agreements, contracts, and grants;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) make funds available to any Federal agency or 
        department to be used by the agency or department to award 
        financial assistance for any salmon stronghold protection, 
        restoration, or enhancement project that the Secretary 
        determines to be consistent with this Act.</DELETED>
<DELETED>    (b) Donations.--</DELETED>
        <DELETED>    (1) In general.--The Secretary may--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) accept donations of funds or services 
                for use in carrying out this Act.</DELETED>
        <DELETED>    (2) Property.--The Secretary of the Interior may 
        accept donations of property for use in carrying out this 
        Act.</DELETED>
        <DELETED>    (3) Use of donations.--Donations accepted under 
        this section--</DELETED>
                <DELETED>    (A) shall be considered to be gifts or 
                bequests to, or for the use of, the United States; 
                and</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (c) Interagency Financing.--The Secretary may participate 
in interagency financing, including receiving appropriated funds from 
other agencies or departments to carry out this Act.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 11. LIMITATIONS.</DELETED>

<DELETED>    Nothing in this Act may be construed--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) to affect existing water rights under Federal 
        or State law;</DELETED>
        <DELETED>    (3) to affect any Federal or State law in 
        existence on the date of enactment of this Act regarding water 
        quality or water quantity;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (5) to authorize the Secretary or the Secretary of 
        the Interior to control or regulate hunting or fishing under 
        State law;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 12. REPORTS TO CONGRESS.</DELETED>

<DELETED>    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.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Pacific Salmon 
Stronghold Conservation Act of 2011''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. 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. Acquisition and transfer of real property interests.
Sec. 10. Administrative provisions.
Sec. 11. Limitations.
Sec. 12. Reports to Congress.

SEC. 2. 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 billions of dollars in economic activity 
        and tens of thousands of jobs from salmon related activities 
        that rely on healthy salmon populations and salmon stronghold 
        habitats;
            (3) to 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
            (4) to complement and add to existing Federal, State, 
        tribal, 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.
            (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 status conferred to a defined geographical unit which 
        meets biological criteria for abundance, productivity, 
        diversity (genetic and life history), habitat quality, or other 
        biological attributes important to sustaining viable 
        populations of salmon throughout their range, as defined by the 
        Board under section 4(g)(3).
            (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 a Board established by the Secretary to be known as 
        the Salmon Stronghold Partnership Board.
    (b) Salmon Stronghold Partnership Board.--
            (1) In general.--The Board shall consist of representatives 
        with strong scientific or technical credentials and expertise 
        as follows:
                    (A) 1 representative from each of--
                            (i) the National Marine Fisheries Service, 
                        as appointed by the Administrator;
                            (ii) the United States Fish and Wildlife 
                        Service, as appointed by the Director;
                            (iii) the Forest Service, as appointed by 
                        the Chief of the Forest Service;
                            (iv) the Environmental Protection Agency, 
                        as appointed by the Administrator of the 
                        Environmental Protection Agency;
                            (v) the Bonneville Power Administration, as 
                        appointed by the Administrator of the 
                        Bonneville Power Administration;
                            (vi) the Bureau of Land Management, as 
                        appointed by the Director of the Bureau of Land 
                        Management; and
                            (vii) the Northwest Power and Conservation 
                        Council, as appointed by the Northwest Power 
                        and Conservation Council.
                    (B) 1 representative from the natural resources 
                staff of the office of the Governor or of an 
                appropriate natural resource agency of a State, as 
                appointed by the Governor, 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 located within the range of a salmon 
                species, as appointed by such Indian tribes or tribal 
                commissions, in consultation with the Board.
                    (D) 1 representative from each of 3 non-
                governmental organizations with salmon conservation and 
                management expertise, as selected by the Board.
                    (E) 1 national or regional representative from an 
                association of counties, as selected by the Board.
            (2) Failure to appoint.--If a representative described in 
        subparagraph (B), (C), (D), or (E) of paragraph (1) is not 
        appointed to the Board or otherwise fails to participate in the 
        Board, the Board shall carry out its functions until such 
        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, the government of 
        each county, and tribal governments in which a salmon 
        stronghold is identified by the Board.
    (d) Board Consultation.--The Board shall seek expertise from 
fisheries experts, as appropriate.
    (e) Chairperson.--The Board shall nominate and select a Chairperson 
from among the members of the Board.
    (f) Committee.--The Board shall establish a standing science 
advisory committee to assist the Board in the development, collection, 
evaluation, and peer review of statistical, biological, economic, 
social, and other scientific information.
    (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 a salmon stronghold;
                    (B) the process for identifying salmon strongholds; 
                and
                    (C) the process for reviewing and awarding grants 
                under the program, including--
                            (i) the number of years for which such a 
                        grant may be awarded;
                            (ii) the process for renewing such a grant;
                            (iii) the eligibility requirements for such 
                        a grant;
                            (iv) the reporting requirements for 
                        projects awarded such a grant; and
                            (v) the criteria for evaluating the success 
                        of a project carried out with such a grant.
    (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 habitats and 
        life history stages of salmon;
            (4) 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
            (5) measurement of the effectiveness of the 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 salmon 
                conservation actions projected to have the greatest 
                positive impacts on abundance, productivity, or 
                diversity 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 conservation and 
                that maintain key ecosystem services in 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 carry out activities and existing conservation 
        programs in, and across, salmon strongholds on a regional scale 
        to achieve the goals of the Salmon Stronghold Partnership;
            (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.); and
            (7) to develop and make information available to the public 
        pertaining to the Salmon Stronghold Partnership.
    (c) Selection.--Projects that will be carried out with assistance 
from the program shall be selected and administered as follows:
            (1) Site-based projects.--A project that will be carried 
        out with assistance from the program within 1 State shall be 
        selected as follows:
                    (A) State selection.--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 National Fish and Wildlife 
                        Foundation, in consultation with the Board, 
                        shall provide program funds to the State; and
                            (ii) the State shall select and administer 
                        projects to be carried out in such State, in 
                        accordance with subsection (d).
                    (B) National fish and wildlife foundation 
                selection.--If a State does not meet the criteria 
                described in subparagraph (A)--
                            (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, in consultation with the Board, 
                        shall select and administer projects to be 
                        carried out in such State, in accordance with 
                        subsection (d).
            (2) 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--
                    (A) the Administrator, in consultation with the 
                Director, shall provide funds to the National Fish and 
                Wildlife Foundation; and
                    (B) the National Fish and Wildlife Foundation, in 
                consultation with the Board, shall select and 
                administer such projects to be carried out, in 
                accordance with subsection (d).
    (d) Criteria for Approval.--
            (1) Criteria developed by the board.--
                    (A) Requirement to develop.--The Board shall 
                develop and provide criteria for the prioritization of 
                projects funded under the program in a manner that 
                enables projects to be individually ranked in 
                sequential order by the magnitude of the project's 
                positive impacts on salmon abundance, productivity, or 
                diversity.
                    (B) Specific requirements.--The criteria required 
                by subparagraph (A) shall require that a project that 
                receives assistance under the program--
                            (i) contributes to the conservation of 
                        salmon;
                            (ii) meets the criteria for eligibility 
                        established in the charter;
                            (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--
                                    (I) cost sharing described in 
                                subsection (e); and
                                    (II) the limitation on 
                                administrative expenses described in 
                                subsection (f).
                    (C) Schedule for development.--The Board shall--
                            (i) develop and provide the criteria 
                        required by subparagraph (A) prior to the 
                        initial solicitation of projects under the 
                        program; and
                            (ii) revise such criteria not less often 
                        than once each year.
    (e) Cost Sharing.--
            (1) Federal share.--
                    (A) 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.
                    (B) 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 may be up to 100 percent 
                of the total cost of the project.
            (2) Non-federal share.--
                    (A) In general.--Subject to subparagraph (B), 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.
                    (B) 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.
    (f) Administrative Expenses.--
            (1) Limit on state and national fish and wildlife 
        foundation expenditures.--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.
            (2) Limit on national oceanic and atmospheric 
        administration expenditures.--Of the amount available to the 
        National Oceanic and Atmospheric Administration under the 
        program for each fiscal year, the National Oceanic and 
        Atmospheric Administration shall not expend more than 5 percent 
        of such amount for administrative and reporting expenses 
        necessary to carry out this section.
    (g) 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 3 years, each State that is provided program 
        funds under subsection (c)(1)(A) 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--
            (1) to conserve the salmon strongholds; and
            (2) to 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 conservation of 
salmon and salmon 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. ACQUISITION AND TRANSFER 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 each owner 
of the property or interest in property.
    (c) Transfer of Real Property.--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.
    (d) Requirement.--Any real property interest conveyed under 
subsection (c) 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), 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 or 
        department to be used by the agency or department 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. 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 treaty, or 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. 12. 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.
                                                       Calendar No. 306

112th CONGRESS

  2d Session

                                S. 1401

                          [Report No. 112-140]

_______________________________________________________________________

                                 A BILL

        To conserve wild Pacific salmon, and for other purposes.

_______________________________________________________________________

                            January 30, 2012

                       Reported with an amendment
```