I 

116TH CONGRESS 

1ST SESSION H. R. 1747 

To encourage partnerships among public agencies and other interested persons 

to promote fish conservation. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2019 

Mr. WITTMAN (for himself and Mr. VEASEY) introduced the following bill; 

which was referred to the Committee on Natural Resources 

A BILL 

To encourage partnerships among public agencies and other 

interested persons to promote fish conservation. 

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. 

4 This Act may be cited as the ‘‘National Fish Habitat 

5 Conservation Through Partnerships Act’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to encourage partnerships 

8 among public agencies and other interested persons to pro9 mote fish conservation— 


pbinns on DSK79D2C42PROD with BILLS
2 

•HR 1747 IH

1 (1) to achieve measurable habitat conservation 

2 results through strategic actions of Fish Habitat 

3 Partnerships that lead to better fish habitat condi4 tions and increased fishing opportunities by— 

5 (A) improving ecological conditions; 

6 (B) restoring natural processes; or 

7 (C) preventing the decline of intact and 

8 healthy systems; 

9 (2) to establish a consensus set of national con10 servation strategies as a framework to guide future 

11 actions and investment by Fish Habitat Partner12 ships; 

13 (3) to broaden the community of support for 

14 fish habitat conservation by— 

15 (A) increasing fishing opportunities; 

16 (B) fostering the participation of local 

17 communities, especially young people in local 

18 communities, in conservation activities; and 

19 (C) raising public awareness of the role 

20 healthy fish habitat play in the quality of life 

21 and economic well-being of local communities; 

22 (4) to fill gaps in the National Fish Habitat As23 sessment and the associated database of the Na24 tional Fish Habitat Assessment— 


pbinns on DSK79D2C42PROD with BILLS
3 

•HR 1747 IH

1 (A) to empower strategic conservation ac2 tions supported by broadly available scientific 

3 information; and 

4 (B) to integrate socioeconomic data in the 

5 analysis to improve the lives of humans in a 

6 manner consistent with fish habitat conserva7 tion goals; and 

8 (5) to communicate to the public and conserva9 tion partners— 

10 (A) the conservation outcomes produced 

11 collectively by Fish Habitat Partnerships; and 

12 (B) new opportunities and voluntary ap13 proaches for conserving fish habitat. 

14 SEC. 3. DEFINITIONS. 

15 In this Act: 

16 (1) APPROPRIATE CONGRESSIONAL COMMIT17 TEES.—The term ‘‘appropriate congressional com18 mittees’’ means— 

19 (A) the Committee on Commerce, Science, 

20 and Transportation and the Committee on En21 vironment and Public Works of the Senate; and 

22 (B) the Committee on Natural Resources 

23 of the House of Representatives. 

24 (2) BOARD.—The term ‘‘Board’’ means the Na25 tional Fish Habitat Board established by section 4. 


pbinns on DSK79D2C42PROD with BILLS
4 

•HR 1747 IH

1 (3) DIRECTOR.—The term ‘‘Director’’ means 

2 the Director of the United States Fish and Wildlife 

3 Service. 

4 (4) EPA ASSISTANT ADMINISTRATOR.—The 

5 term ‘‘EPA Assistant Administrator’’ means the As6 sistant Administrator for Water of the Environ7 mental Protection Agency. 

8 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

9 has the meaning given to the term ‘‘Indian tribe’’ in 

10 section 4 of the Indian Self-Determination and Edu11 cation Assistance Act (25 U.S.C. 5304). 

12 (6) NOAA ASSISTANT ADMINISTRATOR.—The 

13 term ‘‘NOAA Assistant Administrator’’ means the 

14 Assistant Administrator for Fisheries of the Na15 tional Oceanic and Atmospheric Administration. 

16 (7) PARTNERSHIP.—The term ‘‘Partnership’’ 

17 means a self-governed entity designated by Congress 

18 as a Fish Habitat Partnership under subsection 

19 (d)(6) after a recommendation by the Board under 

20 section 5. 

21 (8) REAL PROPERTY INTEREST.—The term 

22 ‘‘real property interest’’ means an ownership interest 

23 in— 

24 (A) land; or 

25 (B) water (including water rights). 


pbinns on DSK79D2C42PROD with BILLS
5 

•HR 1747 IH

1 (9) MARINE FISHERIES COMMISSIONS.—The 

2 term ‘‘Marine Fisheries Commissions’’ means— 

3 (A) The Atlantic States Marine Fisheries 

4 Commission; 

5 (B) the Gulf States Marine Fisheries Com6 mission; and 

7 (C) the Pacific States Marine Commission. 

8 (10) SECRETARY.—The term ‘‘Secretary’’ 

9 means the Secretary of the Interior. 

10 (11) STATE.—The term ‘‘State’’ means each of 

11 the several States. 

12 (12) STATE AGENCY.—The term ‘‘State agen13 cy’’ means— 

14 (A) the fish and wildlife agency of a State; 

15 and 

16 (B) any department or division of a de17 partment or agency of a State that manages in 

18 the public trust the inland or marine fishery re19 sources of the State or sustains the habitat for 

20 those fishery resources pursuant to State law or 

21 the constitution of the State. 

22 SEC. 4. NATIONAL FISH HABITAT BOARD. 

23 (a) ESTABLISHMENT.— 


pbinns on DSK79D2C42PROD with BILLS
6 

•HR 1747 IH

1 (1) FISH HABITAT BOARD.—There is estab2 lished a board, to be known as the ‘‘National Fish 

3 Habitat Board’’, whose duties are— 

4 (A) to promote, oversee, and coordinate the 

5 implementation of this Act; 

6 (B) to establish national goals and prior7 ities for fish habitat conservation; 

8 (C) to recommend to Congress entities for 

9 designation as Partnerships; and 

10 (D) to review and make recommendations 

11 regarding fish habitat conservation projects. 

12 (2) MEMBERSHIP.—The Board shall be com13 posed of 25 members, of whom— 

14 (A) 1 shall be a representative of the De15 partment of the Interior; 

16 (B) 1 shall be a representative of the 

17 United States Geological Survey; 

18 (C) 1 shall be a representative of the De19 partment of Commerce; 

20 (D) 1 shall be a representative of the De21 partment of Agriculture; 

22 (E) 1 shall be a representative of the Asso23 ciation of Fish and Wildlife Agencies; 

24 (F) 4 shall be representatives of State 

25 agencies, 1 of whom shall be nominated by a reVerDate Sep 11 2014 03:58 Mar 28, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1747.IH H1747

pbinns on DSK79D2C42PROD with BILLS
7 

•HR 1747 IH

1 gional association of fish and wildlife agencies 

2 from each of the Northeast, Southeast, Mid3 west, and Western regions of the United States; 

4 (G) 1 shall be a representative of either— 

5 (i) Indian Tribes in the State of Alas6 ka; or 

7 (ii) Indian Tribes in States other than 

8 the State of Alaska; 

9 (H) 1 shall be a representative of either— 

10 (i) the Regional Fishery Management 

11 Councils established under section 302 of 

12 the Magnuson-Stevens Fishery Conserva13 tion and Management Act (16 U.S.C. 

14 1852); or 

15 (ii) a representative of the Marine 

16 Fisheries Commissions; 

17 (I) 1 shall be a representative of the 

18 Sportfishing and Boating Partnership Council; 

19 (J) 7 shall be representatives selected from 

20 at least one from each of the following: 

21 (i) the recreational sportfishing indus22 try; 

23 (ii) the commercial fishing industry; 

24 (iii) marine recreational anglers; 

25 (iv) freshwater recreational anglers; 


pbinns on DSK79D2C42PROD with BILLS
8 

•HR 1747 IH

1 (v) habitat conservation organizations; 

2 and 

3 (vi) science-based fishery organiza4 tions; 

5 (K) 1 shall be a representative of a na6 tional private landowner organization; 

7 (L) 1 shall be a representative of an agri8 cultural production organization; 

9 (M) 1 shall be a representative of local 

10 government interests involved in fish habitat 

11 restoration; 

12 (N) 2 shall be representatives from dif13 ferent sectors of corporate industries, which 

14 may include— 

15 (i) natural resource commodity inter16 ests, such as petroleum or mineral extrac17 tion; 

18 (ii) natural resource user industries; 

19 and 

20 (iii) industries with an interest in fish 

21 and fish habitat conservation; and 

22 (O) 1 shall be a leadership private sector 

23 or landowner representative of an active part24 nership. 


pbinns on DSK79D2C42PROD with BILLS
9 

•HR 1747 IH

1 (3) COMPENSATION.—A member of the Board 

2 shall serve without compensation. 

3 (4) TRAVEL EXPENSES.—A member of the 

4 Board may be allowed travel expenses, including per 

5 diem in lieu of subsistence, at rates authorized for 

6 an employee of an agency under subchapter I of 

7 chapter 57 of title 5, United States Code, while 

8 away from the home or regular place of business of 

9 the member in the performance of the duties of the 

10 Board. 

11 (b) APPOINTMENT AND TERMS.— 

12 (1) IN GENERAL.—Except as otherwise pro13 vided in this section, a member of the Board de14 scribed in any of subparagraphs (F) through (O) of 

15 subsection (a)(2) shall serve for a term of 3 years. 

16 (2) INITIAL BOARD MEMBERSHIP.— 

17 (A) IN GENERAL.—The initial Board shall 

18 consist of representatives as described in sub19 paragraphs (A) through (F) of subsection 

20 (a)(2). 

21 (B) REMAINING MEMBERS.—Not later 

22 than 60 days after the date of enactment of 

23 this Act, the representatives of the initial Board 

24 under subparagraph (A) shall appoint the re25 maining members of the Board described in 


pbinns on DSK79D2C42PROD with BILLS
10 

•HR 1747 IH

1 subparagraphs (H) through (O) of subsection 

2 (a)(2). 

3 (C) TRIBAL REPRESENTATIVES.—Not later 

4 than 60 days after the enactment of this Act, 

5 the Secretary shall provide to the Board a rec6 ommendation of not fewer than 3 Tribal rep7 resentatives, from which the Board shall ap8 point 1 representative pursuant to subpara9 graph (G) of subsection (a)(2). 

10 (3) STAGGERED TERMS.—Of the members de11 scribed in subsection (a)(2)(J) initially appointed to 

12 the Board— 

13 (A) 2 shall be appointed for a term of 1 

14 year; 

15 (B) 2 shall be appointed for a term of 2 

16 years; and 

17 (C) 3 shall be appointed for a term of 3 

18 years. 

19 (4) VACANCIES.— 

20 (A) IN GENERAL.—A vacancy of a member 

21 of the Board described in subparagraph (H), 

22 (I), (J), (K), (L), (M), (N), or (O) of sub23 section (a)(2) shall be filled by an appointment 

24 made by the remaining members of the Board. 


pbinns on DSK79D2C42PROD with BILLS
11 

•HR 1747 IH

1 (B) TRIBAL REPRESENTATIVES.—Fol2 lowing a vacancy of a member of the Board de3 scribed in subparagraph (G) of subsection 

4 (a)(2), the Secretary shall recommend to the 

5 Board a list of not fewer than 3 Tribal rep6 resentatives, from which the remaining mem7 bers of the Board shall appoint a representative 

8 to fill the vacancy. 

9 (5) CONTINUATION OF SERVICE.—An individual 

10 whose term of service as a member of the Board ex11 pires may continue to serve on the Board until a 

12 successor is appointed. 

13 (6) REMOVAL.—If a member of the Board de14 scribed in any of subparagraphs (H) through (O) of 

15 subparagraph (a)(2) misses 3 consecutive regularly 

16 scheduled Board meetings, the members of the 

17 Board may— 

18 (A) vote to remove that member; and 

19 (B) appoint another individual in accord20 ance with paragraph (4). 

21 (c) CHAIRPERSON.— 

22 (1) IN GENERAL.—The representative of the 

23 Association of Fish and Wildlife Agencies appointed 

24 under subsection (a)(2)(E) shall serve as Chair25 person of the Board. 


pbinns on DSK79D2C42PROD with BILLS
12 

•HR 1747 IH

1 (2) TERM.—The Chairperson of the Board shall 

2 serve for a term of 3 years. 

3 (d) MEETINGS.— 

4 (1) IN GENERAL.—The Board shall meet— 

5 (A) at the call of the Chairperson; but 

6 (B) not less frequently than twice each cal7 endar year. 

8 (2) PUBLIC ACCESS.—All meetings of the 

9 Board shall be open to the public. 

10 (e) PROCEDURES.— 

11 (1) IN GENERAL.—The Board shall establish 

12 procedures to carry out the business of the Board, 

13 including— 

14 (A) a requirement that a quorum of the 

15 members of the Board be present to transact 

16 business; 

17 (B) a requirement that no recommenda18 tions may be adopted by the Board, except by 

the vote of 2 19 ⁄3 of all members; 

20 (C) procedures for establishing national 

21 goals and priorities for fish habitat conservation 

22 for the purposes of this Act; 

23 (D) procedures for designating Partner24 ships under section 5; and 


pbinns on DSK79D2C42PROD with BILLS
13 

•HR 1747 IH

1 (E) procedures for reviewing, evaluating, 

2 and making recommendations regarding fish 

3 habitat conservation projects. 

4 (2) QUORUM.—A majority of the members of 

5 the Board shall constitute a quorum. 

6 SEC. 5. FISH HABITAT PARTNERSHIPS. 

7 (a) AUTHORITY TO RECOMMEND.—The Board may 

8 recommend to Congress the designation of Fish Habitat 

9 Partnerships in accordance with this section. 

10 (b) PURPOSES.—The purposes of a Partnership shall 

11 be— 

12 (1) to work with other regional habitat con13 servation programs to promote cooperation and co14 ordination to enhance fish populations and fish habi15 tats; 

16 (2) to engage local and regional communities to 

17 build support for fish habitat conservation; 

18 (3) to involve diverse groups of public and pri19 vate partners; 

20 (4) to develop collaboratively a strategic vision 

21 and achievable implementation plan that is scientif22 ically sound; 

23 (5) to leverage funding from sources that sup24 port local and regional partnerships; 


pbinns on DSK79D2C42PROD with BILLS
14 

•HR 1747 IH

1 (6) to use adaptive management principles, in2 cluding evaluation of project success and function3 ality; 

4 (7) to develop appropriate local or regional 

5 habitat evaluation and assessment measures and cri6 teria that are compatible with national habitat con7 dition measures; and 

8 (8) to implement local and regional priority 

9 projects that improve conditions for fish and fish 

10 habitat. 

11 (c) CRITERIA FOR DESIGNATION.—An entity seeking 

12 to be designated by Congress as a Partnership shall— 

13 (1) submit to the Board an application at such 

14 time, in such manner, and containing such informa15 tion as the Board may reasonably require; and 

16 (2) demonstrate to the Board that the entity 

17 has— 

18 (A) a focus on promoting the health of im19 portant fish and fish habitats; 

20 (B) an ability to coordinate the implemen21 tation of priority projects that support the goals 

22 and national priorities set by the Board that 

23 are within the Partnership boundary; 


pbinns on DSK79D2C42PROD with BILLS
15 

•HR 1747 IH

1 (C) a self-governance structure that sup2 ports the implementation of strategic priorities 

3 for fish habitat; 

4 (D) the ability to develop local and re5 gional relationships with a broad range of enti6 ties to further strategic priorities for fish and 

7 fish habitat; 

8 (E) a strategic plan that details required 

9 investments for fish habitat conservation that 

10 addresses the strategic fish habitat priorities of 

11 the Partnership and supports and meets the 

12 strategic priorities of the Board; 

13 (F) the ability to develop and implement 

14 fish habitat conservation projects that address 

15 strategic priorities of the Partnership and the 

16 Board; and 

17 (G) the ability to develop fish habitat con18 servation priorities based on sound science and 

19 data, the ability to measure the effectiveness of 

20 fish habitat projects of the Partnership, and a 

21 clear plan as to how Partnership science and 

22 data components will be integrated with the 

23 overall Board science and data effort. 

24 (d) REQUIREMENTS FOR RECOMMENDATION TO CON25 GRESS.—The Board may recommend to Congress for desVerDate Sep 11 2014 03:58 Mar 28, 2019 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1747.IH H1747

pbinns on DSK79D2C42PROD with BILLS
16 

•HR 1747 IH

1 ignation an application for a Partnership submitted under 

2 subsection (c) if the Board determines that the appli3 cant— 

4 (1) meets the criteria described in subsection 

5 (c)(2); 

6 (2) identifies representatives to provide support 

7 and technical assistance to the Partnership from a 

8 diverse group of public and private partners, which 

9 may include State or local governments, nonprofit 

10 entities, Indian Tribes, and private individuals, that 

11 are focused on conservation of fish habitats to 

12 achieve results across jurisdictional boundaries on 

13 public and private land; 

14 (3) is organized to promote the health of impor15 tant fish species and important fish habitats, includ16 ing reservoirs, natural lakes, coastal and marine en17 vironments, and estuaries; 

18 (4) identifies strategic fish and fish habitat pri19 orities for the Partnership area in the form of geo20 graphical focus areas or key stressors or impair21 ments to facilitate strategic planning and decision 

22 making; 

23 (5) is able to address issues and priorities on a 

24 nationally significant scale; 

25 (6) includes a governance structure that— 


pbinns on DSK79D2C42PROD with BILLS
17 

•HR 1747 IH

1 (A) reflects the range of all partners; and 

2 (B) promotes joint strategic planning and 

3 decision making by the applicant; 

4 (7) demonstrates completion of, or significant 

5 progress toward the development of, a strategic plan 

6 to address declines in fish populations, rather than 

7 simply treating symptoms, in accordance with the 

8 goals and national priorities established by the 

9 Board; and 

10 (8) promotes collaboration in developing a stra11 tegic vision and implementation program that is sci12 entifically sound and achievable. 

13 (e) REPORT TO CONGRESS.— 

14 (1) IN GENERAL.—Not later than February 1 

15 of the first fiscal year beginning after the date of en16 actment of this Act and each February 1 thereafter, 

17 the Board shall develop and submit to the appro18 priate congressional committees an annual report, to 

19 be entitled ‘‘Report to Congress on Future Fish 

20 Habitat Partnerships and Modifications’’, that— 

21 (A) identifies each entity that— 

22 (i) meets the requirements described 

23 in subsection (d); and 

24 (ii) the Board recommends to Con25 gress for designation as a Partnership; 


pbinns on DSK79D2C42PROD with BILLS
18 

•HR 1747 IH

1 (B) describes any proposed modifications 

2 to a Partnership previously designated by Con3 gress under subsection (f); 

4 (C) with respect to each entity rec5 ommended for designation as a Partnership, de6 scribes, to the maximum extent practicable— 

7 (i) the purpose of the recommended 

8 Partnership; and 

9 (ii) how the recommended Partnership 

10 fulfills the requirements described in sub11 section (d). 

12 (2) PUBLIC AVAILABILITY; NOTIFICATION.— 

13 The Board shall— 

14 (A) make the report publicly available, in15 cluding on the internet; and 

16 (B) provide to the appropriate congres17 sional committees and the State agency of any 

18 State included in a recommended Partnership 

19 area written notification of the public avail20 ability of the report. 

21 (f) DESIGNATION OR MODIFICATION OF PARTNER22 SHIP.—Congress shall have the exclusive authority to des23 ignate or modify a Partnership. 

24 (g) EXISTING PARTNERSHIPS.— 


pbinns on DSK79D2C42PROD with BILLS
19 

•HR 1747 IH

1 (1) DESIGNATION REVIEW.—Not later than 5 

2 years after the date of enactment of this Act, any 

3 partnership receiving Federal funds as of the date of 

4 enactment of this Act shall be subject to a designa5 tion review by Congress in which Congress shall 

6 have the opportunity to designate the partnership 

7 under subsection (f). 

8 (2) INELIGIBILITY FOR FEDERAL FUNDS.—A 

9 partnership referred to in paragraph (1) that Con10 gress does not designate as described in that para11 graph shall be ineligible to receive Federal funds 

12 under this Act. 

13 SEC. 6. FISH HABITAT CONSERVATION PROJECTS. 

14 (a) SUBMISSION TO BOARD.—Not later than March 

15 31 of each year, each Partnership shall submit to the 

16 Board a list of priority fish habitat conservation projects 

17 recommended by the Partnership for annual funding 

18 under this Act. 

19 (b) RECOMMENDATIONS BY BOARD.—Not later than 

20 July 1 of each year, the Board shall submit to the Sec21 retary a priority list of fish habitat conservation projects 

22 that includes a description, including estimated costs, of 

23 each project that the Board recommends that the Sec24 retary approve and fund under this Act for the following 

25 fiscal year. 


pbinns on DSK79D2C42PROD with BILLS
20 

•HR 1747 IH

1 (c) CRITERIA FOR PROJECT SELECTION.—The 

2 Board shall select each fish habitat conservation project 

3 recommended to the Secretary under subsection (b) after 

4 taking into consideration, at a minimum, the following in5 formation: 

6 (1) A recommendation of the Partnership that 

7 is, or will be, participating actively in implementing 

8 the fish habitat conservation project. 

9 (2) The capabilities and experience of project 

10 proponents to implement successfully the proposed 

11 project. 

12 (3) The extent to which the fish habitat con13 servation project— 

14 (A) fulfills a local or regional priority that 

15 is directly linked to the strategic plan of the 

16 Partnership and is consistent with the purpose 

17 of this Act; 

18 (B) addresses the national priorities estab19 lished by the Board; 

20 (C) is supported by the findings of the 

21 habitat assessment of the Partnership or the 

22 Board, and aligns or is compatible with other 

23 conservation plans; 


pbinns on DSK79D2C42PROD with BILLS
21 

•HR 1747 IH

1 (D) identifies appropriate monitoring and 

2 evaluation measures and criteria that are com3 patible with national measures; 

4 (E) provides a well-defined budget linked 

5 to deliverables and outcomes; 

6 (F) leverages other funds to implement the 

7 project; 

8 (G) addresses the causes and processes be9 hind the decline of fish or fish habitats; and 

10 (H) includes an outreach or education 

11 component that includes the local or regional 

12 community. 

13 (4) The availability of sufficient non-Federal 

14 funds to match Federal contributions for the fish 

15 habitat conservation project, as required by sub16 section (e). 

17 (5) The extent to which the fish habitat con18 servation project— 

19 (A) will increase fish populations in a man20 ner that leads to recreational fishing opportuni21 ties for the public; 

22 (B) will be carried out through a coopera23 tive agreement among Federal, State, and local 

24 governments, Indian Tribes, and private enti25 ties; 


pbinns on DSK79D2C42PROD with BILLS
22 

•HR 1747 IH

1 (C) increases public access to land or 

2 water for fish and wildlife-dependent recrea3 tional opportunities; 

4 (D) advances the conservation of fish and 

5 wildlife species that have been identified by a 

6 State agency as species of greatest conservation 

7 need; 

8 (E) where appropriate, advances the con9 servation of fish and fish habitats under the 

10 Magnuson-Stevens Fishery Conservation and 

11 Management Act (16 U.S.C. 1801 et seq.) and 

12 other relevant Federal law and State wildlife 

13 action plans; and 

14 (F) promotes strong and healthy fish habi15 tats so that desired biological communities are 

16 able to persist and adapt. 

17 (6) The substantiality of the character and de18 sign of the fish habitat conservation project. 

19 (d) LIMITATIONS.— 

20 (1) REQUIREMENTS FOR EVALUATION.—No 

21 fish habitat conservation project may be rec22 ommended by the Board under subsection (b) or 

23 provided financial assistance under this Act unless 

24 the fish habitat conservation project includes an 


pbinns on DSK79D2C42PROD with BILLS
23 

•HR 1747 IH

1 evaluation plan designed using applicable Board 

2 guidance— 

3 (A) to appropriately assess the biological, 

4 ecological, or other results of the habitat protec5 tion, restoration, or enhancement activities car6 ried out using the assistance; 

7 (B) to reflect appropriate changes to the 

8 fish habitat conservation project if the assess9 ment substantiates that the fish habitat con10 servation project objectives are not being met; 

11 (C) to identify improvements to existing 

12 fish populations, recreational fishing opportuni13 ties, and the overall economic benefits for the 

14 local community of the fish habitat conservation 

15 project; and 

16 (D) to require the submission to the Board 

17 of a report describing the findings of the assess18 ment. 

19 (2) ACQUISITION AUTHORITIES.— 

20 (A) IN GENERAL.—A State, local govern21 ment, or other non-Federal entity is eligible to 

22 receive funds for the acquisition of real prop23 erty from willing sellers under this Act if the 

24 acquisition ensures— 


pbinns on DSK79D2C42PROD with BILLS
24 

•HR 1747 IH

1 (i) public access for fish and wildlife2 dependent recreation; or 

3 (ii) a scientifically based, direct en4 hancement to the health of fish and fish 

5 populations, as determined by the Board. 

6 (B) STATE AGENCY APPROVAL.— 

7 (i) IN GENERAL.—All real property 

8 interest acquisition projects funded under 

9 this Act must be approved by the State 

10 agency in the State in which the project is 

11 occurring. 

12 (ii) PROHIBITION.—The Board may 

13 not recommend, and the Secretary may not 

14 provide any funding for, any real property 

15 interest acquisition that has not been ap16 proved by the State agency. 

17 (C) ASSESSMENT OF OTHER AUTHORI18 TIES.—The Board may not recommend, and the 

19 Secretary may not provide any funding under 

20 this Act for, any real property interest acquisi21 tion unless the Partnership that recommended 

22 the project has conducted a project assessment, 

23 submitted with the funding request and ap24 proved by the Board, to demonstrate all other 


pbinns on DSK79D2C42PROD with BILLS
25 

•HR 1747 IH

1 Federal, State, and local authorities for the ac2 quisition of real property have been exhausted. 

3 (D) RESTRICTIONS.—A real property in4 terest may not be acquired pursuant to a fish 

5 habitat conservation project by a State, local 

6 government, or other non-Federal entity con7 ducted with funds provided under this Act, un8 less— 

9 (i) the owner of the real property au10 thorizes the State, local government, or 

11 other non-Federal entity to acquire the 

12 real property; and 

13 (ii) the Secretary and the Board de14 termine that the State, local government, 

15 or other non-Federal entity would benefit 

16 from undertaking the management of the 

17 real property being acquired because that 

18 is in accordance with the goals of a Part19 nership. 

20 (e) NON-FEDERAL CONTRIBUTIONS.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), no fish habitat conservation project may 

23 be recommended by the Board under subsection (b) 

24 or provided financial assistance under this Act un25 less at least 50 percent of the cost of the fish habiVerDate Sep 11 2014 03:58 Mar 28, 2019 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H1747.IH H1747

pbinns on DSK79D2C42PROD with BILLS
26 

•HR 1747 IH

1 tat conservation project will be funded with non2 Federal funds. 

3 (2) NON-FEDERAL SHARE.—Such non-Federal 

4 share of the cost of a fish habitat conservation 

5 project— 

6 (A) may not be derived from another Fed7 eral grant program; and 

8 (B) may include in-kind contributions and 

9 cash. 

10 (3) SPECIAL RULE FOR INDIAN TRIBES.—Not11 withstanding paragraph (1) or any other provision of 

12 law, any funds made available to an Indian Tribe 

13 pursuant to this Act may be considered to be non14 Federal funds for the purpose of paragraph (1). 

15 (f) APPROVAL.— 

16 (1) IN GENERAL.—Not later than 90 days after 

17 the date of receipt of the recommended priority list 

18 of fish habitat conservation projects under sub19 section (b), and subject to subsection (d) and based, 

20 to the maximum extent practicable, on the criteria 

21 described in subsection (c), the Secretary, after con22 sulting with the Secretary of Commerce on marine 

23 or estuarine projects, shall approve or reject any fish 

24 habitat conservation project recommended by the 

25 Board. 


pbinns on DSK79D2C42PROD with BILLS
27 

•HR 1747 IH

1 (2) FUNDING.—If the Secretary approves a fish 

2 habitat conservation project under paragraph (1), 

3 the Secretary shall use amounts made available to 

4 carry out this Act to provide funds to carry out the 

5 fish habitat conservation project. 

6 (3) NOTIFICATION.—If the Secretary rejects 

7 under paragraph (1) any fish habitat conservation 

8 project recommended by the Board, not later than 

9 90 days after the date of receipt of the recommenda10 tion, the Secretary shall provide to the Board, the 

11 appropriate Partnership, and the appropriate con12 gressional committees a written statement of the 

13 reasons that the Secretary rejected the fish habitat 

14 conservation project. 

15 SEC. 7. TECHNICAL AND SCIENTIFIC ASSISTANCE. 

16 (a) IN GENERAL.—The Director, the NOAA Assist17 ant Administrator, the EPA Assistant Administrator, and 

18 the Director of the United States Geological Survey, in 

19 coordination with the Forest Service and other appro20 priate Federal departments and agencies, may provide sci21 entific and technical assistance to Partnerships, partici22 pants in fish habitat conservation projects, and the Board. 

23 (b) INCLUSIONS.—Scientific and technical assistance 

24 provided under subsection (a) may include— 


pbinns on DSK79D2C42PROD with BILLS
28 

•HR 1747 IH

1 (1) providing technical and scientific assistance 

2 to States, Indian Tribes, regions, local communities, 

3 and nongovernmental organizations in the develop4 ment and implementation of Partnerships; 

5 (2) providing technical and scientific assistance 

6 to Partnerships for habitat assessment, strategic 

7 planning, and prioritization; 

8 (3) supporting the development and implemen9 tation of fish habitat conservation projects that are 

10 identified as high priorities by Partnerships and the 

11 Board; 

12 (4) supporting and providing recommendations 

13 regarding the development of science-based moni14 toring and assessment approaches for implementa15 tion through Partnerships; 

16 (5) supporting and providing recommendations 

17 for a national fish habitat assessment; 

18 (6) ensuring the availability of experts to assist 

19 in conducting scientifically based evaluation and re20 porting of the results of fish habitat conservation 

21 projects; and 

22 (7) providing resources to secure State agency 

23 scientific and technical assistance to support Part24 nerships, participants in fish habitat conservation 

25 projects, and the Board. 


pbinns on DSK79D2C42PROD with BILLS
29 

•HR 1747 IH

1 SEC. 8. COORDINATION WITH STATES AND INDIAN TRIBES. 

2 The Secretary shall provide a notice to, and cooperate 

3 with, the appropriate State agency or Tribal agency, as 

4 applicable, of each State and Indian Tribe within the 

5 boundaries of which an activity is planned to be carried 

6 out pursuant to this Act, including notification, by not 

7 later than 30 days before the date on which the activity 

8 is implemented. 

9 SEC. 9. INTERAGENCY OPERATIONAL PLAN. 

10 Not later than 1 year after the date of enactment 

11 of this Act, and every 5 years thereafter, the Director, in 

12 cooperation with the NOAA Assistant Administrator, the 

13 EPA Assistant Administrator, the Director of the United 

14 States Geological Survey, and the heads of other appro15 priate Federal departments and agencies (including, at a 

16 minimum, those agencies represented on the Board) shall 

17 develop an interagency operational plan that describes— 

18 (1) the functional, operational, technical, sci19 entific, and general staff, administrative, and mate20 rial needs for the implementation of this Act; and 

21 (2) any interagency agreements between or 

22 among Federal departments and agencies to address 

23 those needs. 

24 SEC. 10. ACCOUNTABILITY AND REPORTING. 

25 (a) REPORTING.— 


pbinns on DSK79D2C42PROD with BILLS
30 

•HR 1747 IH

1 (1) IN GENERAL.—Not later than 5 years after 

2 the date of enactment of this Act, and every 5 years 

3 thereafter, the Board shall submit to the appropriate 

4 congressional committees a report describing the 

5 progress of this Act. 

6 (2) CONTENTS.—Each report submitted under 

7 paragraph (1) shall include— 

8 (A) an estimate of the number of acres, 

9 stream miles, or acre-feet, or other suitable 

10 measures of fish habitat, that was maintained 

11 or improved by Partnerships under this Act 

12 during the 5-year period ending on the date of 

13 submission of the report; 

14 (B) a description of the public access to 

15 fish habitats established or improved under this 

16 Act during that 5-year period; 

17 (C) a description of the improved opportu18 nities for public recreational fishing achieved 

19 under this Act; and 

20 (D) an assessment of the status of fish 

21 habitat conservation projects carried out with 

22 funds provided under this Act during that pe23 riod, disaggregated by year, including— 


pbinns on DSK79D2C42PROD with BILLS
31 

•HR 1747 IH

1 (i) a description of the fish habitat 

2 conservation projects recommended by the 

3 Board under section 6(b); 

4 (ii) a description of each fish habitat 

5 conservation project approved by the Sec6 retary under section 6(f), in order of pri7 ority for funding; 

8 (iii) a justification for— 

9 (I) the approval of each fish 

10 habitat conservation project; and 

11 (II) the order of priority for 

12 funding of each fish habitat conserva13 tion project; 

14 (iv) a justification for any rejection of 

15 a fish habitat conservation project rec16 ommended by the Board under section 

17 6(b) that was based on a factor other than 

18 the criteria described in section 6(c); and 

19 (v) an accounting of expenditures by 

20 Federal, State, or local governments, In21 dian Tribes, or other entities to carry out 

22 fish habitat conservation projects under 

23 this Act. 

24 (b) STATUS AND TRENDS REPORT.—Not later than 

25 December 31, 2020, and every 5 years thereafter, the 


pbinns on DSK79D2C42PROD with BILLS
32 

•HR 1747 IH

1 Board shall submit to the appropriate congressional com2 mittees a report that includes— 

3 (1) a status of all Partnerships designated 

4 under this Act; 

5 (2) a description of the status of fish habitats 

6 in the United States as identified by designated 

7 Partnerships; and 

8 (3) enhancements or reductions in public access 

9 as a result of— 

10 (A) the activities of the Partnerships; or 

11 (B) any other activities carried out pursu12 ant to this Act. 

13 SEC. 11. EFFECT OF THE ACT. 

14 (a) WATER RIGHTS.—Nothing in this Act— 

15 (1) establishes any express or implied reserved 

16 water right in the United States for any purpose; 

17 (2) affects any water right in existence on the 

18 date of enactment of this Act; 

19 (3) preempts or affects any State water law or 

20 interstate compact governing water; or 

21 (4) affects any Federal or State law in exist22 ence on the date of enactment of the Act regarding 

23 water quality or water quantity. 

24 (b) AUTHORITY TO ACQUIRE WATER RIGHTS OR

25 RIGHTS TO PROPERTY.—Only a State, local government, 


pbinns on DSK79D2C42PROD with BILLS
33 

•HR 1747 IH

1 or other non-Federal entity may acquire, under State law, 

2 water rights or rights to property with funds made avail3 able through section 13. 

4 (c) STATE AUTHORITY.—Nothing in this Act— 

5 (1) affects the authority, jurisdiction, or respon6 sibility of a State to manage, control, or regulate 

7 fish and wildlife under the laws and regulations of 

8 the State; or 

9 (2) authorizes the Secretary to control or regu10 late within a State the fishing or hunting of fish and 

11 wildlife. 

12 (d) EFFECT ON INDIAN TRIBES.—Nothing in this 

13 Act abrogates, abridges, affects, modifies, supersedes, or 

14 alters any right of an Indian Tribe recognized by treaty 

15 or any other means, including— 

16 (1) an agreement between the Indian Tribe and 

17 the United States; 

18 (2) Federal law (including regulations); 

19 (3) an Executive order; or 

20 (4) a judicial decree. 

21 (e) ADJUDICATION OF WATER RIGHTS.—Nothing in 

22 this Act diminishes or affects the ability of the Secretary 

23 to join an adjudication of rights to the use of water pursu24 ant to subsection (a), (b), or (c) of section 208 of the DeVerDate Sep 11 2014 03:58 Mar 28, 2019 Jkt 089200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H1747.IH H1747

pbinns on DSK79D2C42PROD with BILLS
34 

•HR 1747 IH

1 partments of State, Justice, Commerce, and The Judiciary 

2 Appropriation Act, 1953 (43 U.S.C. 666). 

3 (f) DEPARTMENT OF COMMERCE AUTHORITY.— 

4 Nothing in this Act affects the authority, jurisdiction, or 

5 responsibility of the Department of Commerce to manage, 

6 control, or regulate fish or fish habitats under the Magnu7 son-Stevens Fishery Conservation and Management Act 

8 (16 U.S.C. 1801 et seq.). 

9 (g) EFFECT ON OTHER AUTHORITIES.— 

10 (1) PRIVATE PROPERTY PROTECTION.—Nothing 

11 in this Act permits the use of funds made available 

12 to carry out this Act to acquire real property or a 

13 real property interest without the written consent of 

14 each owner of the real property or real property in15 terest, respectively. 

16 (2) MITIGATION.—Nothing in this Act author17 izes the use of funds made available to carry out this 

18 Act for fish and wildlife mitigation purposes under— 

19 (A) the Federal Water Pollution Control 

20 Act (33 U.S.C. 1251 et seq.); 

21 (B) the Fish and Wildlife Coordination Act 

22 (16 U.S.C. 661 et seq.); 

23 (C) the Water Resources Development Act 

24 of 1986 (Public Law 99–662; 100 Stat. 4082); 

25 or 


pbinns on DSK79D2C42PROD with BILLS
35 

•HR 1747 IH

1 (D) any other Federal law or court settle2 ment. 

3 (3) CLEAN WATER ACT.—Nothing in this Act 

4 affects any provision of the Federal Water Pollution 

5 Control Act (33 U.S.C. 1251 et seq.), including any 

6 definition in that Act. 

7 SEC. 12. NONAPPLICABILITY OF FEDERAL ADVISORY COM8 MITTEE ACT. 

9 The Federal Advisory Committee Act (5 U.S.C. App.) 

10 shall not apply to— 

11 (1) the Board; or 

12 (2) any Partnership. 

13 SEC. 13. FUNDING. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.— 

15 (1) FISH HABITAT CONSERVATION PROJECTS.— 

16 There is authorized to be appropriated to the Sec17 retary $7,200,000 for each of fiscal years 2019 

18 through 2023 to provide funds for fish habitat con19 servation projects approved under section 6(f), of 

20 which 5 percent is authorized only for projects car21 ried out by Indian Tribes. 

22 (2) ADMINISTRATIVE AND PLANNING EX23 PENSES.—There is authorized to be appropriated to 

24 the Secretary for each of fiscal years 2019 through 

25 2023 an amount equal to 5 percent of the amount 


pbinns on DSK79D2C42PROD with BILLS
36 

•HR 1747 IH

1 appropriated for the applicable fiscal year pursuant 

2 to paragraph (1)— 

3 (A) for administrative and planning ex4 penses under this Act; and 

5 (B) to carry out section 10. 

6 (3) TECHNICAL AND SCIENTIFIC ASSISTANCE.— 

7 There is authorized to be appropriated for each of 

8 fiscal years 2020 through 2024 to carry out, and 

9 provide technical and scientific assistance under, sec10 tion 7— 

11 (A) $400,000 to the Secretary for use by 

12 the United States Fish and Wildlife Service; 

13 (B) $400,000 to the NOAA Assistant Ad14 ministrator for use by the National Oceanic and 

15 Atmospheric Administration; 

16 (C) $400,000 to the EPA Assistant Ad17 ministrator for use by the Environmental Pro18 tection Agency; 

19 (D) $400,000 to the Secretary for use by 

20 the United States Geological Survey; and 

21 (E) $400,000 to the Chief of the Forest 

22 Service for use by the United States Depart23 ment of Agriculture Forest Service. 

24 (b) AGREEMENTS AND GRANTS.—The Secretary 

25 may— 


pbinns on DSK79D2C42PROD with BILLS
37 

•HR 1747 IH

1 (1) on the recommendation of the Board, and 

2 notwithstanding sections 6304 and 6305 of title 31, 

3 United States Code, and the Federal Financial As4 sistance Management Improvement Act of 1999 (31 

5 U.S.C. 6101 note; Public Law 106–107), enter into 

6 a grant agreement, cooperative agreement, or con7 tract with a Partnership or other entity to provide 

8 funds authorized by this Act for a fish habitat con9 servation project or restoration or enhancement 

10 project; 

11 (2) apply for, accept, and, subject to the avail12 ability of appropriations, use a grant from any indi13 vidual or entity to carry out the purposes of this 

14 Act; and 

15 (3) subject to the availability of appropriations, 

16 make funds authorized by this Act available to any 

17 Federal department or agency for use by that de18 partment or agency to provide grants for any fish 

19 habitat protection project, restoration project, or en20 hancement project that the Secretary determines to 

21 be consistent with this Act. 

22 (c) DONATIONS.— 

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

24 (A) enter into an agreement with any orga25 nization described in section 501(c)(3) of the 


pbinns on DSK79D2C42PROD with BILLS
38 

•HR 1747 IH

1 Internal Revenue Code of 1986 that is exempt 

2 from taxation under section 501(a) of that 

3 Code to solicit private donations to carry out 

4 the purposes of this Act; and 

5 (B) accept donations of funds, property, 

6 and services to carry out the purposes of this 

7 Act. 

8 (2) TREATMENT.—A donation accepted under 

9 this Act— 

10 (A) shall be considered to be a gift or be11 quest to, or otherwise for the use of, the United 

12 States; and 

13 (B) may be— 

14 (i) used directly by the Secretary; or 

15 (ii) provided to another Federal de16 partment or agency through an inter17 agency agreement. 

18 SEC. 14. PROHIBITION AGAINST IMPLEMENTATION OF REG19 ULATORY AUTHORITY BY FEDERAL AGEN20 CIES THROUGH PARTNERSHIPS. 

21 Any Partnership designated under this Act— 

22 (1) shall be for the sole purpose of promoting 

23 fish conservation; and 


pbinns on DSK79D2C42PROD with BILLS
39 

•HR 1747 IH

1 (2) shall not be used to implement any regu2 latory authority of any Federal agency. 

Æ 


pbinns on DSK79D2C42PROD with BILLS