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

112th CONGRESS
  1st Session
                                S. 1401

        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

_______________________________________________________________________

                                 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,

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, 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) One 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) 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--
                            (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) One representative from each of 3 non-
                governmental organizations with salmon conservation and 
                management expertise, as selected by the Board.
                    (E) One national or regional representative from an 
                association of counties, as selected by the Board.
            (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 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.
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