II 

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. 

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 2011’’. 


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

2 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. 

3 SEC. 2. PURPOSES. 

4 The purposes of this Act are— 

5 (1) to expand Federal support and resources 

6 for the protection and restoration of the healthiest 

7 remaining salmon strongholds in North America to 

8 sustain core centers of salmon abundance, produc9 tivity, and diversity in order to ensure the long-term 

10 viability of salmon populations— 

11 (A) in the States of California, Idaho, Or12 egon, and Washington, by focusing resources on 

13 cooperative, incentive-based efforts to conserve 

14 the roughly 20 percent of salmon habitat that 

15 supports approximately two-thirds of salmon 

16 abundance; and 

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

18 stronghold that produces more than one-third 

19 of all salmon, by increasing resources available 

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1 operatively to conserve regional core centers of 

2 salmon abundance and diversity; 

3 (2) to maintain billions of dollars in economic 

4 activity and tens of thousands of jobs from salmon 

5 related activities that rely on healthy salmon popu6 lations and salmon stronghold habitats; 

7 (3) to maintain and enhance economic benefits 

8 related to fishing or associated with healthy salmon 

9 stronghold habitats, including flood protection, 

10 recreation, water quantity and quality, carbon se11 questration, climate change mitigation and adapta12 tion, and other ecosystem services; and 

13 (4) 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. 

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 gorbuscha); 

24 (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 mykiss). 

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

7 stronghold’’ means status conferred to a defined 

8 geographical unit which meets biological criteria for 

9 abundance, productivity, diversity (genetic and life 

10 history), habitat quality, or other biological at11 tributes important to sustaining viable populations 

12 of salmon throughout their range, as defined by the 

13 Board under section 4(g)(3). 

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 a Board estab12 lished by the Secretary to be known as the Salmon 

13 Stronghold Partnership Board. 

14 (b) SALMON STRONGHOLD PARTNERSHIP BOARD.— 

15 (1) IN GENERAL.—The Board shall consist of 

16 representatives with strong scientific or technical 

17 credentials and expertise as follows: 

18 (A) One representative from each of— 

19 (i) the National Marine Fisheries 

20 Service, as appointed by the Administrator; 

21 (ii) the United States Fish and Wild22 life Service, as appointed by the Director; 

23 (iii) the Forest Service, as appointed 

24 by the Chief of the Forest Service; 


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1 (iv) the Environmental Protection 

2 Agency, as appointed by the Administrator 

3 of the Environmental Protection Agency; 

4 (v) the Bonneville Power Administra5 tion, as appointed by the Administrator of 

6 the Bonneville Power Administration; 

7 (vi) the Bureau of Land Management, 

8 as appointed by the Director of the Bureau 

9 of Land Management; and 

10 (vii) the Northwest Power and Con11 servation Council, as appointed by the 

12 Northwest Power and Conservation Coun13 cil. 

14 (B) One representative from the natural 

15 resources staff of the office of the Governor or 

16 of an appropriate natural resource agency of a 

17 State, as appointed by the Governor, from each 

18 of the States of— 

19 (i) Alaska; 

20 (ii) California; 

21 (iii) Idaho; 

22 (iv) Oregon; and 

23 (v) Washington. 

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

25 representatives from Indian tribes or tribal 


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1 commissions located within the range of a salm2 on species, as appointed by such Indian tribes 

3 or tribal commissions, in consultation with the 

4 Board. 

5 (D) One representative from each of 3 

6 non-governmental organizations with salmon 

7 conservation and management expertise, as se8 lected by the Board. 

9 (E) One national or regional representative 

10 from an association of counties, as selected by 

11 the Board. 

12 (2) FAILURE TO APPOINT.—If a representative 

13 described in subparagraph (B), (C), (D), or (E) of 

14 paragraph (1) is not appointed to the Board or oth15 erwise fails to participate in the Board, the Board 

16 shall carry out its functions until such representative 

17 is appointed or joins in such participation. 

18 (c) MEETINGS.— 

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

20 times each year, the Board shall meet to provide op21 portunities for input from a broader set of stake22 holders. 

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

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

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1 ments in which a salmon stronghold is identified by 

2 the Board. 

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

4 expertise from fisheries experts, as appropriate. 

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

6 select a Chairperson from among the members of the 

7 Board. 

8 (f) COMMITTEE.—The Board shall establish a stand9 ing science advisory committee to assist the Board in the 

10 development, collection, evaluation, and peer review of sta11 tistical, biological, economic, social, and other scientific in12 formation. 

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

14 charter that— 

15 (1) provides for the members of the Board de16 scribed in subsection (b); 

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

18 to reflect a shared understanding of the purposes, 

19 intent, and governance framework of the Salmon 

20 Stronghold Partnership; and 

21 (3) includes— 

22 (A) the defining criteria for a salmon 

23 stronghold; 

24 (B) the process for identifying salmon 

25 strongholds; and 


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1 (C) the process for reviewing and awarding 

2 grants under the program, including— 

3 (i) the number of years for which such 

4 a grant may be awarded; 

5 (ii) the process for renewing such a 

6 grant; 

7 (iii) the eligibility requirements for 

8 such a grant; 

9 (iv) the reporting requirements for 

10 projects awarded such a grant; and 

11 (v) the criteria for evaluating the suc12 cess of a project carried out with such a 

13 grant. 

14 (h) FEDERAL ADVISORY COMMITTEE ACT.—The 

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

16 apply to the Board. 

17 SEC. 5. INFORMATION AND ASSESSMENT. 

18 The Administrator shall carry out specific informa19 tion and assessment functions associated with salmon 

20 strongholds, in coordination with other regional salmon ef21 forts, including— 

22 (1) triennial assessment of status and trends in 

23 salmon strongholds; 

24 (2) geographic information system and mapping 

25 support to facilitate conservation planning; 


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1 (3) projections of climate change impacts on 

2 habitats and life history stages of salmon; 

3 (4) development and application of models and 

4 other tools to identify salmon conservation actions 

5 projected to have the greatest positive impacts on 

6 salmon abundance, productivity, or diversity within 

7 salmon strongholds; and 

8 (5) measurement of the effectiveness of the 

9 Salmon Stronghold Partnership activities. 

10 SEC. 6. SALMON STRONGHOLD WATERSHED GRANTS AND 

11 TECHNICAL ASSISTANCE PROGRAM. 

12 (a) IN GENERAL.—The Administrator, in consulta13 tion with the Director, shall establish a salmon stronghold 

14 watershed grants and technical assistance program, as de15 scribed in this section. 

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

17 to support salmon stronghold protection and restoration 

18 activities, including— 

19 (1) to fund the administration of the Salmon 

20 Stronghold Partnership in carrying out the charter; 

21 (2) to encourage cooperation among the entities 

22 represented on the Board, local authorities, and pri23 vate entities to establish a network of salmon strong24 holds, and assist locally in specific actions that sup25 port the Salmon Stronghold Partnership; 


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1 (3) to support entities represented on the 

2 Board— 

3 (A) to develop strategies focusing on salm4 on conservation actions projected to have the 

5 greatest positive impacts on abundance, produc6 tivity, or diversity in salmon strongholds; and 

7 (B) to provide financial assistance to the 

8 Salmon Stronghold Partnership to increase 

9 local economic opportunities and resources for 

10 actions or practices that provide long-term or 

11 permanent conservation and that maintain key 

12 ecosystem services in salmon strongholds; 

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

14 and approaches, employ consistent and comparable 

15 metrics, forecast and address climate impacts, and 

16 monitor, evaluate, and report regional status and 

17 trends of salmon ecosystems in coordination with re18 lated regional and State efforts; 

19 (5) to carry out activities and existing conserva20 tion programs in, and across, salmon strongholds on 

21 a regional scale to achieve the goals of the Salmon 

22 Stronghold Partnership; 

23 (6) to accelerate the implementation of recovery 

24 plans in salmon strongholds that have salmon popu25 lations listed as threatened or endangered under the 


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

2 seq.); and 

3 (7) to develop and make information available 

4 to the public pertaining to the Salmon Stronghold 

5 Partnership. 

6 (c) SELECTION.—Projects that will be carried out 

7 with assistance from the program shall be selected and 

8 administered as follows: 

9 (1) SITE-BASED PROJECTS.—A project that will 

10 be carried out with assistance from the program 

11 within 1 State shall be selected as follows: 

12 (A) STATE SELECTION.—If a State has a 

13 competitive grant process relating to salmon 

14 conservation in effect as of the date of enact15 ment of this Act and has a proven record of im16 plementing an efficient, cost-effective, and com17 petitive grant program for salmon conservation 

18 or has a viable plan to provide accountability 

19 under the program— 

20 (i) the National Fish and Wildlife 

21 Foundation, in consultation with the 

22 Board, shall provide program funds to the 

23 State; and 


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1 (ii) the State shall select and admin2 ister projects to be carried out in such 

3 State, in accordance with subsection (d). 

4 (B) NATIONAL FISH AND WILDLIFE FOUN5 DATION SELECTION.—If a State does not meet 

6 the criteria described in subparagraph (A)— 

7 (i) the Administrator, in consultation 

8 with the Director, shall provide funds to 

9 the National Fish and Wildlife Founda10 tion; and 

11 (ii) the National Fish and Wildlife 

12 Foundation, in consultation with the 

13 Board, shall select and administer projects 

14 to be carried out in such State, in accord15 ance with subsection (d). 

16 (2) MULTISITE AND PROGRAMMATIC INITIA17 TIVES.—For a project that will be carried out with 

18 assistance from the program in more than 1 State 

19 or that is a programmatic initiative that affects 

20 more than 1 State— 

21 (A) the Administrator, in consultation with 

22 the Director, shall provide funds to the Na23 tional Fish and Wildlife Foundation; and 

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1 lect and administer such projects to be carried 

2 out, in accordance with subsection (d). 

3 (d) CRITERIA FOR APPROVAL.— 

4 (1) CRITERIA DEVELOPED BY THE BOARD.— 

5 (A) REQUIREMENT TO DEVELOP.—The 

6 Board shall develop and provide criteria for the 

7 prioritization of projects funded under the pro8 gram in a manner that enables projects to be 

9 individually ranked in sequential order by the 

10 magnitude of the project’s positive impacts on 

11 salmon abundance, productivity, or diversity. 

12 (B) SPECIFIC REQUIREMENTS.—The cri13 teria required by subparagraph (A) shall re14 quire that a project that receives assistance 

15 under the program— 

16 (i) contributes to the conservation of 

17 salmon; 

18 (ii) meets the criteria for eligibility es19 tablished in the charter; 

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

21 threatening to limit abundance, produc22 tivity, diversity, habitat quality, or other 

23 biological attributes important to sus24 taining viable salmon populations within a 

25 salmon stronghold; or 


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1 (II) is a programmatic action that 

2 supports the Salmon Stronghold Partner3 ship; 

4 (iv) addresses limiting factors to 

5 healthy ecosystem processes or sustainable 

6 fisheries management; 

7 (v) has the potential for conservation 

8 benefits and broadly applicable results; and 

9 (vi) meets the requirements for— 

10 (I) cost sharing described in sub11 section (e); and 

12 (II) the limitation on administra13 tive expenses described in subsection 

14 (f). 

15 (C) SCHEDULE FOR DEVELOPMENT.—The 

16 Board shall— 

17 (i) develop and provide the criteria re18 quired by subparagraph (A) prior to the 

19 initial solicitation of projects under the 

20 program; and 

21 (ii) revise such criteria not less often 

22 than once each year. 

23 (e) COST SHARING.— 

24 (1) FEDERAL SHARE.— 


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1 (A) NON-FEDERAL LAND.—For any fiscal 

2 year, the Federal share of the cost of a project 

3 that receives assistance under the program and 

4 that is carried out on land that is not owned by 

5 the United States shall not exceed 50 percent 

6 of the total cost of the project. 

7 (B) FEDERAL LAND.—For any fiscal year, 

8 the Federal share of the cost of a project that 

9 receives assistance under the program and that 

10 is carried out on land that is owned by the 

11 United States may be up to 100 percent of the 

12 total cost of the project. 

13 (2) NON-FEDERAL SHARE.— 

14 (A) IN GENERAL.—Subject to subpara15 graph (B), the non-Federal share of the cost of 

16 a project that receives assistance under the pro17 gram may not be derived from Federal grant 

18 programs, but may include in-kind contribu19 tions. 

20 (B) BONNEVILLE POWER ADMINISTRA21 TION.—Any amounts provided by the Bonneville 

22 Power Administration directly or through a 

23 grant to another entity used to carry out a 

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1 gram shall be credited toward the non-Federal 

2 share of the cost of the project. 

3 (f) ADMINISTRATIVE EXPENSES.— 

4 (1) LIMIT ON STATE AND NATIONAL FISH AND

5 WILDLIFE FOUNDATION EXPENDITURES.—Of the 

6 amount available to a State or the National Fish 

7 and Wildlife Foundation under the program for each 

8 fiscal year, such State and the National Fish and 

9 Wildlife Foundation shall not expend more than 5 

10 percent of such amount for administrative and re11 porting expenses necessary to carry out this section. 

12 (2) LIMIT ON NATIONAL OCEANIC AND ATMOS13 PHERIC ADMINISTRATION EXPENDITURES.—Of the 

14 amount available to the National Oceanic and At15 mospheric Administration under the program for 

16 each fiscal year, the National Oceanic and Atmos17 pheric Administration shall not expend more than 5 

18 percent of such amount for administrative and re19 porting expenses necessary to carry out this section. 

20 (g) REPORTS.— 

21 (1) REPORTS TO STATES OR NFWF.—Each per22 son who receives assistance through a State or the 

23 National Fish and Wildlife Foundation under the 

24 program for a project shall provide periodic reports 

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1 dation, as appropriate, that include the information 

2 required by the State or the National Fish and 

3 Wildlife Foundation to evaluate the progress and 

4 success of the project. 

5 (2) REPORTS TO THE ADMINISTRATION.—Not 

6 less frequently than once every 3 years, each State 

7 that is provided program funds under subsection 

8 (c)(1)(A) and the National Fish and Wildlife Foun9 dation shall provide reports to the Administrator 

10 that include the information required by the Admin11 istrator to evaluate the implementation of the pro12 gram. 

13 SEC. 7. INTERAGENCY COOPERATION. 

14 The head of each Federal agency or department re15 sponsible for acquiring, managing, or disposing of Federal 

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

17 consistent with the mission of the agency or department 

18 and existing law, cooperate with the Administrator and the 

19 Director— 

20 (1) to conserve the salmon strongholds; and 

21 (2) to effectively coordinate and streamline 

22 Salmon Stronghold Partnership activities and deliv23 ery of overlapping, incentive-based programs that af24 fect the salmon stronghold. 


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1 SEC. 8. INTERNATIONAL COOPERATION. 

2 (a) AUTHORITY TO COOPERATE.—The Administrator 

3 and the Board may share status and trends data, innova4 tive conservation strategies, conservation planning meth5 odologies, and other information with North Pacific coun6 tries, including Canada, Japan, Russia, and South Korea, 

7 and appropriate international entities to promote con8 servation of salmon and salmon habitat. 

9 (b) SENSE OF CONGRESS.—It is the sense of Con10 gress that the Administrator and the Board, or entities 

11 that are members of the Board, should and are encour12 aged to provide information to North Pacific countries, in13 cluding Canada, Japan, Russia, and South Korea, and ap14 propriate international entities to support the development 

15 of a network of salmon strongholds across the nations of 

16 the North Pacific. 

17 SEC. 9. ACQUISITION AND TRANSFER OF REAL PROPERTY 

18 INTERESTS. 

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

20 result in the acquisition by the Secretary or the Secretary 

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

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

23 project is consistent with the purposes of this Act. 

24 (b) PRIVATE PROPERTY PROTECTION.—No Federal 

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

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


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1 property without the written consent of each owner of the 

2 property or interest in property. 

3 (c) TRANSFER OF REAL PROPERTY.—No land or in4 terest in land, acquired in whole or in part by the Sec5 retary of the Interior with Federal funds made available 

6 under this Act to carry out a salmon stronghold conserva7 tion project may be transferred to a State, other public 

8 agency, or other entity unless— 

9 (1) the Secretary of the Interior determines 

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

11 manage, in accordance with this Act and the pur12 poses of this Act, the property being transferred; 

13 and 

14 (2) the deed or other instrument of transfer 

15 contains provisions for the reversion of the title to 

16 the property to the United States if the State, agen17 cy, or entity fails to manage the property in accord18 ance with this Act and the purposes of this Act. 

19 (d) REQUIREMENT.—Any real property interest con20 veyed under subsection (c) shall be subject to such terms 

21 and conditions as will ensure, to the maximum extent 

22 practicable, that the interest will be administered in ac23 cordance with this Act and the purposes of this Act. 


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1 SEC. 10. ADMINISTRATIVE PROVISIONS. 

2 (a) CONTRACTS, GRANTS, AND TRANSFERS OF

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

4 (1) consistent with a recommendation of the 

5 Board and notwithstanding sections 6304 and 6305 

6 of title 31, United States Code, and the Federal Fi7 nancial Assistance Management Improvement Act of 

8 1999 (31 U.S.C. 6101 note), enter into cooperative 

9 agreements, contracts, and grants; 

10 (2) notwithstanding any other provision of law, 

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

12 carry out the purposes of this Act; and 

13 (3) make funds available to any Federal agency 

14 or department to be used by the agency or depart15 ment to award financial assistance for any salmon 

16 stronghold protection, restoration, or enhancement 

17 project that the Secretary determines to be con18 sistent with this Act. 

19 (b) DONATIONS.— 

20 (1) IN GENERAL.—The Secretary may— 

21 (A) enter into an agreement with any orga22 nization described in section 501(c)(3) of the 

23 Internal Revenue Code of 1986 to authorize the 

24 organization to carry out activities under this 

25 Act; and 


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1 (B) accept donations of funds or services 

2 for use in carrying out this Act. 

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

4 may accept donations of property for use in carrying 

5 out this Act. 

6 (3) USE OF DONATIONS.—Donations accepted 

7 under this section— 

8 (A) shall be considered to be gifts or be9 quests to, or for the use of, the United States; 

10 and 

11 (B) may be used directly by the Secretary 

12 (or, in the case of donated property under para13 graph (2), the Secretary of the Interior) or pro14 vided to other Federal agencies or departments 

15 through interagency agreements. 

16 (c) INTERAGENCY FINANCING.—The Secretary may 

17 participate in interagency financing, including receiving 

18 appropriated funds from other agencies or departments to 

19 carry out this Act. 

20 (d) STAFF.—Subject to the availability of appropria21 tions, the Administrator may hire such additional full-time 

22 employees as are necessary to carry out this Act. 

23 SEC. 11. LIMITATIONS. 

24 Nothing in this Act may be construed— 


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

2 implied, in the United States for any purpose, or af3 fect the management or priority of water rights 

4 under State law; 

5 (2) to affect existing water rights under Federal 

6 or State law; 

7 (3) to affect any Federal or State law in exist8 ence on the date of enactment of this Act regarding 

9 water quality or water quantity; 

10 (4) to affect the authority, jurisdiction, or re11 sponsibility of any agency or department of the 

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

13 regulate fish and resident wildlife under a Federal or 

14 State law or regulation; 

15 (5) to authorize the Secretary or the Secretary 

16 of the Interior to control or regulate hunting or fish17 ing under State law; 

18 (6) to abrogate, abridge, affect, modify, super19 sede, or otherwise alter any right of a federally rec20 ognized Indian tribe under any applicable Federal or 

21 tribal law or regulation; or 

22 (7) to diminish or affect the ability of the Sec23 retary or the Secretary of the Interior to join the ad24 judication of rights to the use of water pursuant to 

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1 partment of Justice Appropriation Act, 1953 (43 

2 U.S.C. 666). 

3 SEC. 12. REPORTS TO CONGRESS. 

4 Not less frequently than once every 3 years, the Ad5 ministrator, in consultation with the Director, shall submit 

6 to Congress a report describing the activities carried out 

7 under this Act, including the recommendations of the Ad8 ministrator, if any, for legislation relating to the Salmon 

9 Stronghold Partnership. 

10 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

11 (a) SHORT TITLE.—This Act may be cited as the ‘‘Pa12 cific Salmon Stronghold Conservation Act of 2011’’. 

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

14 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. 

15 SEC. 2. PURPOSES. 

16 The purposes of this Act are— 

17 (1) to expand Federal support and resources for 

18 the protection and restoration of the healthiest re19 maining salmon strongholds in North America to sus20 tain core centers of salmon abundance, productivity, 


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1 and diversity in order to ensure the long-term viabil2 ity of salmon populations— 

3 (A) in the States of California, Idaho, Or4 egon, and Washington, by focusing resources on 

5 cooperative, incentive-based efforts to conserve 

6 the roughly 20 percent of salmon habitat that 

7 supports approximately two-thirds of salmon 

8 abundance; and 

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

10 stronghold that produces more than one-third of 

11 all salmon, by increasing resources available to 

12 public and private organizations working coop13 eratively to conserve regional core centers of 

14 salmon abundance and diversity; 

15 (2) to maintain billions of dollars in economic 

16 activity and tens of thousands of jobs from salmon re17 lated activities that rely on healthy salmon popu18 lations and salmon stronghold habitats; 

19 (3) to maintain and enhance economic benefits 

20 related to fishing or associated with healthy salmon 

21 stronghold habitats, including flood protection, recre22 ation, water quantity and quality, carbon sequestra23 tion, climate change mitigation and adaptation, and 

24 other ecosystem services; and 


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1 (4) to complement and add to existing Federal, 

2 State, tribal, and local salmon recovery efforts by 

3 using sound science to identify and sustain core cen4 ters of salmon abundance, productivity, and diversity 

5 in the healthiest remaining salmon ecosystems 

6 throughout their range. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Assistant Administrator for the 

11 National Marine Fisheries Service of the National 

12 Oceanic and Atmospheric Administration. 

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

14 Salmon Stronghold Partnership Board established 

15 under section 4. 

16 (3) CHARTER.—The term ‘‘charter’’ means the 

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

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

19 Director of the United States Fish and Wildlife Serv20 ice. 

21 (5) ECOSYSTEM SERVICES.—The term ‘‘ecosystem 

22 services’’ means an ecological benefit generated from 

23 a healthy, functioning ecosystem, including clean 

24 water, pollutant filtration, regulation of river flow, 


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1 prevention of soil erosion, regulation of climate, and 

2 fish production. 

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

4 the term ‘‘program’’ means the salmon stronghold wa5 tershed grants and technical assistance program es6 tablished under section 6(a). 

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

8 the wild anadromous Oncorhynchus species that occur 

9 in the Western United States, including— 

10 (A) chum salmon (Oncorhynchus keta); 

11 (B) pink salmon (Oncorhynchus gorbuscha); 

12 (C) sockeye salmon (Oncorhynchus nerka); 

13 (D) chinook salmon (Oncorhynchus 

14 tshawytscha); 

15 (E) coho salmon (Oncorhynchus kisutch); 

16 and 

17 (F) steelhead trout (Oncorhynchus mykiss). 

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

19 stronghold’’ means status conferred to a defined geo20 graphical unit which meets biological criteria for 

21 abundance, productivity, diversity (genetic and life 

22 history), habitat quality, or other biological attributes 

23 important to sustaining viable populations of salmon 

24 throughout their range, as defined by the Board under 

25 section 4(g)(3). 


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1 (9) SALMON STRONGHOLD PARTNERSHIP.—The 

2 term ‘‘Salmon Stronghold Partnership’’ means the 

3 Salmon Stronghold Partnership established under sec4 tion 4(a)(1). 

5 (10) SECRETARY.—Except as otherwise provided, 

6 the term ‘‘Secretary’’ means the Secretary of Com7 merce. 

8 SEC. 4. SALMON STRONGHOLD PARTNERSHIP. 

9 (a) IN GENERAL.— 

10 (1) ESTABLISHMENT.—The Secretary shall estab11 lish a Salmon Stronghold Partnership that is a coop12 erative, incentive-based, public-private partnership 

13 among appropriate Federal, State, tribal, and local 

14 governments, private landowners, and nongovern15 mental organizations working across political bound16 aries, government jurisdictions, and land ownerships 

17 to identify and conserve salmon strongholds. 

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

19 membership of the Salmon Stronghold Partnership 

20 shall include each entity described under subsection 

21 (b). 

22 (3) LEADERSHIP.—The Salmon Stronghold 

23 Partnership shall be managed by a Board established 

24 by the Secretary to be known as the Salmon Strong25 hold Partnership Board. 


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1 (b) SALMON STRONGHOLD PARTNERSHIP BOARD.— 

2 (1) IN GENERAL.—The Board shall consist of 

3 representatives with strong scientific or technical cre4 dentials and expertise as follows: 

5 (A) 1 representative from each of— 

6 (i) the National Marine Fisheries Serv7 ice, as appointed by the Administrator; 

8 (ii) the United States Fish and Wild9 life Service, as appointed by the Director; 

10 (iii) the Forest Service, as appointed 

11 by the Chief of the Forest Service; 

12 (iv) the Environmental Protection 

13 Agency, as appointed by the Administrator 

14 of the Environmental Protection Agency; 

15 (v) the Bonneville Power Administra16 tion, as appointed by the Administrator of 

17 the Bonneville Power Administration; 

18 (vi) the Bureau of Land Management, 

19 as appointed by the Director of the Bureau 

20 of Land Management; and 

21 (vii) the Northwest Power and Con22 servation Council, as appointed by the 

23 Northwest Power and Conservation Council. 

24 (B) 1 representative from the natural re25 sources staff of the office of the Governor or of an 


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1 appropriate natural resource agency of a State, 

2 as appointed by the Governor, from each of the 

3 States of— 

4 (i) Alaska; 

5 (ii) California; 

6 (iii) Idaho; 

7 (iv) Oregon; and 

8 (v) Washington. 

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

10 representatives from Indian tribes or tribal com11 missions located within the range of a salmon 

12 species, as appointed by such Indian tribes or 

13 tribal commissions, in consultation with the 

14 Board. 

15 (D) 1 representative from each of 3 non-gov16 ernmental organizations with salmon conserva17 tion and management expertise, as selected by 

18 the Board. 

19 (E) 1 national or regional representative 

20 from an association of counties, as selected by the 

21 Board. 

22 (2) FAILURE TO APPOINT.—If a representative 

23 described in subparagraph (B), (C), (D), or (E) of 

24 paragraph (1) is not appointed to the Board or other25 wise fails to participate in the Board, the Board shall 


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1 carry out its functions until such representative is 

2 appointed or joins in such participation. 

3 (c) MEETINGS.— 

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

5 times each year, the Board shall meet to provide op6 portunities for input from a broader set of stake7 holders. 

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

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

10 the government of each county, and tribal govern11 ments in which a salmon stronghold is identified by 

12 the Board. 

13 (d) BOARD CONSULTATION.—The Board shall seek ex14 pertise from fisheries experts, as appropriate. 

15 (e) CHAIRPERSON.—The Board shall nominate and se16 lect a Chairperson from among the members of the Board. 

17 (f) COMMITTEE.—The Board shall establish a standing 

18 science advisory committee to assist the Board in the devel19 opment, collection, evaluation, and peer review of statis20 tical, biological, economic, social, and other scientific infor21 mation. 

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, in3 tent, and governance framework of the Salmon 

4 Stronghold Partnership; and 

5 (3) includes— 

6 (A) the defining criteria for a salmon 

7 stronghold; 

8 (B) the process for identifying salmon 

9 strongholds; and 

10 (C) the process for reviewing and awarding 

11 grants under the program, including— 

12 (i) the number of years for which such 

13 a grant may be awarded; 

14 (ii) the process for renewing such a 

15 grant; 

16 (iii) the eligibility requirements for 

17 such a grant; 

18 (iv) the reporting requirements for 

19 projects awarded such a grant; and 

20 (v) the criteria for evaluating the suc21 cess of a project carried out with such a 

22 grant. 

23 (h) FEDERAL ADVISORY COMMITTEE ACT.—The Fed24 eral Advisory Committee Act (5 U.S.C. App.) shall not 

25 apply to the Board. 


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1 SEC. 5. INFORMATION AND ASSESSMENT. 

2 The Administrator shall carry out specific information 

3 and assessment functions associated with salmon strong4 holds, in coordination with other regional salmon efforts, 

5 including— 

6 (1) triennial assessment of status and trends in 

7 salmon strongholds; 

8 (2) geographic information system and mapping 

9 support to facilitate conservation planning; 

10 (3) projections of climate change impacts on 

11 habitats and life history stages of salmon; 

12 (4) development and application of models and 

13 other tools to identify salmon conservation actions 

14 projected to have the greatest positive impacts on 

15 salmon abundance, productivity, or diversity within 

16 salmon strongholds; and 

17 (5) measurement of the effectiveness of the Salm18 on Stronghold Partnership activities. 

19 SEC. 6. SALMON STRONGHOLD WATERSHED GRANTS AND 

20 TECHNICAL ASSISTANCE PROGRAM. 

21 (a) IN GENERAL.—The Administrator, in consultation 

22 with the Director, shall establish a salmon stronghold wa23 tershed grants and technical assistance program, as de24 scribed in this section. 


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

2 to support salmon stronghold protection and restoration ac3 tivities, including— 

4 (1) to fund the administration of the Salmon 

5 Stronghold Partnership in carrying out the charter; 

6 (2) to encourage cooperation among the entities 

7 represented on the Board, local authorities, and pri8 vate entities to establish a network of salmon strong9 holds, and assist locally in specific actions that sup10 port the Salmon Stronghold Partnership; 

11 (3) to support entities represented on the 

12 Board— 

13 (A) to develop strategies focusing on salmon 

14 conservation actions projected to have the great15 est positive impacts on abundance, productivity, 

16 or diversity in salmon strongholds; and 

17 (B) to provide financial assistance to the 

18 Salmon Stronghold Partnership to increase local 

19 economic opportunities and resources for actions 

20 or practices that provide long-term or permanent 

21 conservation and that maintain key ecosystem 

22 services in salmon strongholds; 

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

24 and approaches, employ consistent and comparable 

25 metrics, forecast and address climate impacts, and 


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1 monitor, evaluate, and report regional status and 

2 trends of salmon ecosystems in coordination with re3 lated regional and State efforts; 

4 (5) to carry out activities and existing conserva5 tion programs in, and across, salmon strongholds on 

6 a regional scale to achieve the goals of the Salmon 

7 Stronghold Partnership; 

8 (6) to accelerate the implementation of recovery 

9 plans in salmon strongholds that have salmon popu10 lations listed as threatened or endangered under the 

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

12 seq.); and 

13 (7) to develop and make information available to 

14 the public pertaining to the Salmon Stronghold Part15 nership. 

16 (c) SELECTION.—Projects that will be carried out with 

17 assistance from the program shall be selected and adminis18 tered as follows: 

19 (1) SITE-BASED PROJECTS.—A project that will 

20 be carried out with assistance from the program with21 in 1 State shall be selected as follows: 

22 (A) STATE SELECTION.—If a State has a 

23 competitive grant process relating to salmon con24 servation in effect as of the date of enactment of 

25 this Act and has a proven record of impleVerDate Mar 15 2010 23:50 Jan 30, 2012 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6203 E:\BILLS\S1401.RS S1401

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1 menting an efficient, cost-effective, and competi2 tive grant program for salmon conservation or 

3 has a viable plan to provide accountability 

4 under the program— 

5 (i) the National Fish and Wildlife 

6 Foundation, in consultation with the 

7 Board, shall provide program funds to the 

8 State; and 

9 (ii) the State shall select and admin10 ister projects to be carried out in such 

11 State, in accordance with subsection (d). 

12 (B) NATIONAL FISH AND WILDLIFE FOUN13 DATION SELECTION.—If a State does not meet 

14 the criteria described in subparagraph (A)— 

15 (i) the Administrator, in consultation 

16 with the Director, shall provide funds to the 

17 National Fish and Wildlife Foundation; 

18 and 

19 (ii) the National Fish and Wildlife 

20 Foundation, in consultation with the 

21 Board, shall select and administer projects 

22 to be carried out in such State, in accord23 ance with subsection (d). 

24 (2) MULTISITE AND PROGRAMMATIC INITIA25 TIVES.—For a project that will be carried out with 


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1 assistance from the program in more than 1 State or 

2 that is a programmatic initiative that affects more 

3 than 1 State— 

4 (A) the Administrator, in consultation with 

5 the Director, shall provide funds to the National 

6 Fish and Wildlife Foundation; and 

7 (B) the National Fish and Wildlife Founda8 tion, in consultation with the Board, shall select 

9 and administer such projects to be carried out, 

10 in accordance with subsection (d). 

11 (d) CRITERIA FOR APPROVAL.— 

12 (1) CRITERIA DEVELOPED BY THE BOARD.— 

13 (A) REQUIREMENT TO DEVELOP.—The 

14 Board shall develop and provide criteria for the 

15 prioritization of projects funded under the pro16 gram in a manner that enables projects to be in17 dividually ranked in sequential order by the 

18 magnitude of the project’s positive impacts on 

19 salmon abundance, productivity, or diversity. 

20 (B) SPECIFIC REQUIREMENTS.—The cri21 teria required by subparagraph (A) shall require 

22 that a project that receives assistance under the 

23 program— 

24 (i) contributes to the conservation of 

25 salmon; 


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1 (ii) meets the criteria for eligibility es2 tablished in the charter; 

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

4 threatening to limit abundance, produc5 tivity, diversity, habitat quality, or other 

6 biological attributes important to sus7 taining viable salmon populations within a 

8 salmon stronghold; or 

9 (II) is a programmatic action that 

10 supports the Salmon Stronghold Partner11 ship; 

12 (iv) addresses limiting factors to 

13 healthy ecosystem processes or sustainable 

14 fisheries management; 

15 (v) has the potential for conservation 

16 benefits and broadly applicable results; and 

17 (vi) meets the requirements for— 

18 (I) cost sharing described in sub19 section (e); and 

20 (II) the limitation on administra21 tive expenses described in subsection 

22 (f). 

23 (C) SCHEDULE FOR DEVELOPMENT.—The 

24 Board shall— 


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1 (i) develop and provide the criteria re2 quired by subparagraph (A) prior to the 

3 initial solicitation of projects under the pro4 gram; and 

5 (ii) revise such criteria not less often 

6 than once each year. 

7 (e) COST SHARING.— 

8 (1) FEDERAL SHARE.— 

9 (A) NON-FEDERAL LAND.—For any fiscal 

10 year, the Federal share of the cost of a project 

11 that receives assistance under the program and 

12 that is carried out on land that is not owned by 

13 the United States shall not exceed 50 percent of 

14 the total cost of the project. 

15 (B) FEDERAL LAND.—For any fiscal year, 

16 the Federal share of the cost of a project that re17 ceives assistance under the program and that is 

18 carried out on land that is owned by the United 

19 States may be up to 100 percent of the total cost 

20 of the project. 

21 (2) NON-FEDERAL SHARE.— 

22 (A) IN GENERAL.—Subject to subparagraph 

23 (B), the non-Federal share of the cost of a project 

24 that receives assistance under the program may 


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1 not be derived from Federal grant programs, but 

2 may include in-kind contributions. 

3 (B) BONNEVILLE POWER ADMINISTRA4 TION.—Any amounts provided by the Bonneville 

5 Power Administration directly or through a 

6 grant to another entity used to carry out a 

7 project that receives assistance under the pro8 gram shall be credited toward the non-Federal 

9 share of the cost of the project. 

10 (f) ADMINISTRATIVE EXPENSES.— 

11 (1) LIMIT ON STATE AND NATIONAL FISH AND

12 WILDLIFE FOUNDATION EXPENDITURES.—Of the 

13 amount available to a State or the National Fish and 

14 Wildlife Foundation under the program for each fis15 cal year, such State and the National Fish and Wild16 life Foundation shall not expend more than 5 percent 

17 of such amount for administrative and reporting ex18 penses necessary to carry out this section. 

19 (2) LIMIT ON NATIONAL OCEANIC AND ATMOS20 PHERIC ADMINISTRATION EXPENDITURES.—Of the 

21 amount available to the National Oceanic and Atmos22 pheric Administration under the program for each 

23 fiscal year, the National Oceanic and Atmospheric 

24 Administration shall not expend more than 5 percent 


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1 of such amount for administrative and reporting ex2 penses necessary to carry out this section. 

3 (g) REPORTS.— 

4 (1) REPORTS TO STATES OR NFWF.—Each per5 son who receives assistance through a State or the Na6 tional Fish and Wildlife Foundation under the pro7 gram for a project shall provide periodic reports to 

8 the State or the National Fish and Wildlife Founda9 tion, as appropriate, that include the information re10 quired by the State or the National Fish and Wildlife 

11 Foundation to evaluate the progress and success of the 

12 project. 

13 (2) REPORTS TO THE ADMINISTRATION.—Not 

14 less frequently than once every 3 years, each State 

15 that is provided program funds under subsection 

16 (c)(1)(A) and the National Fish and Wildlife Founda17 tion shall provide reports to the Administrator that 

18 include the information required by the Adminis19 trator to evaluate the implementation of the program. 

20 SEC. 7. INTERAGENCY COOPERATION. 

21 The head of each Federal agency or department respon22 sible for acquiring, managing, or disposing of Federal land 

23 that is within a salmon stronghold shall, to the extent con24 sistent with the mission of the agency or department and 


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1 existing law, cooperate with the Administrator and the Di2 rector— 

3 (1) to conserve the salmon strongholds; and 

4 (2) to effectively coordinate and streamline 

5 Salmon Stronghold Partnership activities and deliv6 ery of overlapping, incentive-based programs that af7 fect the salmon stronghold. 

8 SEC. 8. INTERNATIONAL COOPERATION. 

9 (a) AUTHORITY TO COOPERATE.—The Administrator 

10 and the Board may share status and trends data, innova11 tive conservation strategies, conservation planning meth12 odologies, and other information with North Pacific coun13 tries, including Canada, Japan, Russia, and South Korea, 

14 and appropriate international entities to promote conserva15 tion of salmon and salmon habitat. 

16 (b) SENSE OF CONGRESS.—It is the sense of Congress 

17 that the Administrator and the Board, or entities that are 

18 members of the Board, should and are encouraged to provide 

19 information to North Pacific countries, including Canada, 

20 Japan, Russia, and South Korea, and appropriate inter21 national entities to support the development of a network 

22 of salmon strongholds across the nations of the North Pa23 cific. 


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1 SEC. 9. ACQUISITION AND TRANSFER OF REAL PROPERTY 

2 INTERESTS. 

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

4 result in the acquisition by the Secretary or the Secretary 

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

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

7 project is consistent with the purposes of this Act. 

8 (b) PRIVATE PROPERTY PROTECTION.—No Federal 

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

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

11 property without the written consent of each owner of the 

12 property or interest in property. 

13 (c) TRANSFER OF REAL PROPERTY.—No land or inter14 est in land, acquired in whole or in part by the Secretary 

15 of the Interior with Federal funds made available under 

16 this Act to carry out a salmon stronghold conservation 

17 project may be transferred to a State, other public agency, 

18 or other entity unless— 

19 (1) the Secretary of the Interior determines that 

20 the State, agency, or entity is committed to manage, 

21 in accordance with this Act and the purposes of this 

22 Act, the property being transferred; and 

23 (2) the deed or other instrument of transfer con24 tains provisions for the reversion of the title to the 

25 property to the United States if the State, agency, or 


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1 entity fails to manage the property in accordance 

2 with this Act and the purposes of this Act. 

3 (d) REQUIREMENT.—Any real property interest con4 veyed under subsection (c) shall be subject to such terms 

5 and conditions as will ensure, to the maximum extent prac6 ticable, that the interest will be administered in accordance 

7 with this Act and the purposes of this Act. 

8 SEC. 10. ADMINISTRATIVE PROVISIONS. 

9 (a) CONTRACTS, GRANTS, AND TRANSFERS OF

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

11 (1) consistent with a recommendation of the 

12 Board and notwithstanding sections 6304 and 6305 

13 of title 31, United States Code, and the Federal Fi14 nancial Assistance Management Improvement Act of 

15 1999 (31 U.S.C. 6101 note), enter into cooperative 

16 agreements, contracts, and grants; 

17 (2) notwithstanding any other provision of law, 

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

19 carry out the purposes of this Act; and 

20 (3) make funds available to any Federal agency 

21 or department to be used by the agency or department 

22 to award financial assistance for any salmon strong23 hold protection, restoration, or enhancement project 

24 that the Secretary determines to be consistent with 

25 this Act. 


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1 (b) DONATIONS.— 

2 (1) IN GENERAL.—The Secretary may— 

3 (A) enter into an agreement with any orga4 nization described in section 501(c)(3) of the In5 ternal Revenue Code of 1986 to authorize the or6 ganization to carry out activities under this Act; 

7 and 

8 (B) accept donations of funds or services for 

9 use in carrying out this Act. 

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

11 may accept donations of property for use in carrying 

12 out this Act. 

13 (3) USE OF DONATIONS.—Donations accepted 

14 under this section— 

15 (A) shall be considered to be gifts or be16 quests to, or for the use of, the United States; 

17 and 

18 (B) may be used directly by the Secretary 

19 (or, in the case of donated property under para20 graph (2), the Secretary of the Interior) or pro21 vided to other Federal agencies or departments 

22 through interagency agreements. 

23 (c) INTERAGENCY FINANCING.—The Secretary may 

24 participate in interagency financing, including receiving 


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1 appropriated funds from other agencies or departments to 

2 carry out this Act. 

3 (d) STAFF.—Subject to the availability of appropria4 tions, the Administrator may hire such additional full-time 

5 employees as are necessary to carry out this Act. 

6 SEC. 11. LIMITATIONS. 

7 Nothing in this Act may be construed— 

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

9 implied, in the United States for any purpose, or af10 fect the management or priority of water rights under 

11 State law; 

12 (2) to affect existing water rights under Federal 

13 or State law; 

14 (3) to affect any Federal or State law in exist15 ence on the date of enactment of this Act regarding 

16 water quality or water quantity; 

17 (4) to affect the authority, jurisdiction, or re18 sponsibility of any agency or department of the 

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

20 regulate fish and resident wildlife under a Federal or 

21 State law or regulation; 

22 (5) to authorize the Secretary or the Secretary of 

23 the Interior to control or regulate hunting or fishing 

24 under State law; 


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1 (6) to abrogate, abridge, affect, modify, super2 sede, or otherwise alter any right of a federally recog3 nized Indian tribe under any applicable treaty, or 

4 Federal or tribal law or regulation; or 

5 (7) to diminish or affect the ability of the Sec6 retary or the Secretary of the Interior to join the ad7 judication of rights to the use of water pursuant to 

8 subsections (a), (b), or (c) of section 208 of the De9 partment of Justice Appropriation Act, 1953 (43 

10 U.S.C. 666). 

11 SEC. 12. REPORTS TO CONGRESS. 

12 Not less frequently than once every 3 years, the Admin13 istrator, in consultation with the Director, shall submit to 

14 Congress a report describing the activities carried out under 

15 this Act, including the recommendations of the Adminis16 trator, if any, for legislation relating to the Salmon Strong17 hold Partnership. 


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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 


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