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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1747 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 255
116th CONGRESS
  1st Session
                                H. R. 1747

                          [Report No. 116-314]

 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

                           November 26, 2019

   Additional sponsors: Mr. Case, Ms. Lofgren, Mr. Cartwright, Miss 
        Gonzalez-Colon of Puerto Rico, Mrs. Luria, and Mr. Kind

                           November 26, 2019

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               13, 2019]

_______________________________________________________________________

                                 A BILL

 
 To encourage partnerships among public agencies and other interested 
                 persons to promote fish conservation.

 

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Fish Habitat Conservation 
Through Partnerships Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to encourage partnerships among public 
agencies and other interested persons to promote fish conservation--
            (1) to achieve measurable habitat conservation results 
        through strategic actions of Fish Habitat Partnerships that 
        lead to better fish habitat conditions and increased fishing 
        opportunities by--
                    (A) improving ecological conditions;
                    (B) restoring natural processes; or
                    (C) preventing the decline of intact and healthy 
                systems;
            (2) to establish a consensus set of national conservation 
        strategies as a framework to guide future actions and 
        investment by Fish Habitat Partnerships;
            (3) to broaden the community of support for fish habitat 
        conservation by--
                    (A) increasing fishing opportunities;
                    (B) fostering the participation of local 
                communities, especially young people in local 
                communities, in conservation activities; and
                    (C) raising public awareness of the role healthy 
                fish habitat play in the quality of life and economic 
                well-being of local communities;
            (4) to fill gaps in the National Fish Habitat Assessment 
        and the associated database of the National Fish Habitat 
        Assessment--
                    (A) to empower strategic conservation actions 
                supported by broadly available scientific information; 
                and
                    (B) to integrate socioeconomic data in the analysis 
                to improve the lives of humans in a manner consistent 
                with fish habitat conservation goals; and
            (5) to communicate to the public and conservation 
        partners--
                    (A) the conservation outcomes produced collectively 
                by Fish Habitat Partnerships; and
                    (B) new opportunities and voluntary approaches for 
                conserving fish habitat.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation and the Committee on Environment and 
                Public Works of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Board.--The term ``Board'' means the National Fish 
        Habitat Board established by section 4.
            (3) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (4) EPA assistant administrator.--The term ``EPA Assistant 
        Administrator'' means the Assistant Administrator for Water of 
        the Environmental Protection Agency.
            (5) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given to the term ``Indian tribe'' in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).
            (6) NOAA assistant administrator.--The term ``NOAA 
        Assistant Administrator'' means the Assistant Administrator for 
        Fisheries of the National Oceanic and Atmospheric 
        Administration.
            (7) Partnership.--The term ``Partnership'' means a self-
        governed entity designated by Congress as a Fish Habitat 
        Partnership under subsection (d)(6) after a recommendation by 
        the Board under section 5.
            (8) Real property interest.--The term ``real property 
        interest'' means an ownership interest in--
                    (A) land; or
                    (B) water (including water rights).
            (9) Marine fisheries commissions.--The term ``Marine 
        Fisheries Commissions'' means--
                    (A) The Atlantic States Marine Fisheries 
                Commission;
                    (B) the Gulf States Marine Fisheries Commission; 
                and
                    (C) the Pacific States Marine Commission.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (11) State.--The term ``State'' means each of the several 
        States, Puerto Rico, American Samoa, Guam, the Northern Mariana 
        Islands, the United States Virgin Islands, and the District of 
        Columbia.
            (12) State agency.--The term ``State agency'' means--
                    (A) the fish and wildlife agency of a State; and
                    (B) any department or division of a department or 
                agency of a State that manages in the public trust the 
                inland or marine fishery resources of the State or 
                sustains the habitat for those fishery resources 
                pursuant to State law or the constitution of the State.

SEC. 4. NATIONAL FISH HABITAT BOARD.

    (a) Establishment.--
            (1) Fish habitat board.--There is established a board, to 
        be known as the ``National Fish Habitat Board'', whose duties 
        are--
                    (A) to promote, oversee, and coordinate the 
                implementation of this Act;
                    (B) to establish national goals and priorities for 
                fish habitat conservation;
                    (C) to recommend to Congress entities for 
                designation as Partnerships; and
                    (D) to review and make recommendations regarding 
                fish habitat conservation projects.
            (2) Membership.--The Board shall be composed of 25 members, 
        of whom--
                    (A) 1 shall be a representative of the Department 
                of the Interior;
                    (B) 1 shall be a representative of the United 
                States Geological Survey;
                    (C) 1 shall be a representative of the Department 
                of Commerce;
                    (D) 1 shall be a representative of the Department 
                of Agriculture;
                    (E) 1 shall be a representative of the Association 
                of Fish and Wildlife Agencies;
                    (F) 4 shall be representatives of State agencies, 1 
                of whom shall be nominated by a regional association of 
                fish and wildlife agencies from each of the Northeast, 
                Southeast, Midwest, and Western regions of the United 
                States;
                    (G) 1 shall be a representative of either--
                            (i) Indian Tribes in the State of Alaska; 
                        or
                            (ii) Indian Tribes in States other than the 
                        State of Alaska;
                    (H) 1 shall be a representative of either--
                            (i) the Regional Fishery Management 
                        Councils established under section 302 of the 
                        Magnuson-Stevens Fishery Conservation and 
                        Management Act (16 U.S.C. 1852); or
                            (ii) a representative of the Marine 
                        Fisheries Commissions;
                    (I) 1 shall be a representative of the Sportfishing 
                and Boating Partnership Council;
                    (J) 7 shall be representatives selected from at 
                least one from each of the following:
                            (i) the recreational sportfishing industry;
                            (ii) the commercial fishing industry;
                            (iii) marine recreational anglers;
                            (iv) freshwater recreational anglers;
                            (v) habitat conservation organizations; and
                            (vi) science-based fishery organizations;
                    (K) 1 shall be a representative of a national 
                private landowner organization;
                    (L) 1 shall be a representative of an agricultural 
                production organization;
                    (M) 1 shall be a representative of local government 
                interests involved in fish habitat restoration;
                    (N) 2 shall be representatives from different 
                sectors of corporate industries, which may include--
                            (i) natural resource commodity interests, 
                        such as petroleum or mineral extraction;
                            (ii) natural resource user industries; and
                            (iii) industries with an interest in fish 
                        and fish habitat conservation; and
                    (O) 1 shall be a leadership private sector or 
                landowner representative of an active partnership.
            (3) Compensation.--A member of the Board shall serve 
        without compensation.
            (4) Travel expenses.--A member of the Board may be allowed 
        travel expenses, including per diem in lieu of subsistence, at 
        rates authorized for an employee of an agency under subchapter 
        I of chapter 57 of title 5, United States Code, while away from 
        the home or regular place of business of the member in the 
        performance of the duties of the Board.
    (b) Appointment and Terms.--
            (1) In general.--Except as otherwise provided in this 
        section, a member of the Board described in any of 
        subparagraphs (F) through (O) of subsection (a)(2) shall serve 
        for a term of 3 years.
            (2) Initial board membership.--
                    (A) In general.--The initial Board shall consist of 
                representatives as described in subparagraphs (A) 
                through (F) of subsection (a)(2).
                    (B) Remaining members.--Not later than 60 days 
                after the date of enactment of this Act, the 
                representatives of the initial Board under subparagraph 
                (A) shall appoint the remaining members of the Board 
                described in subparagraphs (H) through (O) of 
                subsection (a)(2).
                    (C) Tribal representatives.--Not later than 60 days 
                after the enactment of this Act, the Secretary shall 
                provide to the Board a recommendation of not fewer than 
                3 Tribal representatives, from which the Board shall 
                appoint 1 representative pursuant to subparagraph (G) 
                of subsection (a)(2).
            (3) Staggered terms.--Of the members described in 
        subsection (a)(2)(J) initially appointed to the Board--
                    (A) 2 shall be appointed for a term of 1 year;
                    (B) 2 shall be appointed for a term of 2 years; and
                    (C) 3 shall be appointed for a term of 3 years.
            (4) Vacancies.--
                    (A) In general.--A vacancy of a member of the Board 
                described in subparagraph (H), (I), (J), (K), (L), (M), 
                (N), or (O) of subsection (a)(2) shall be filled by an 
                appointment made by the remaining members of the Board.
                    (B) Tribal representatives.--Following a vacancy of 
                a member of the Board described in subparagraph (G) of 
                subsection (a)(2), the Secretary shall recommend to the 
                Board a list of not fewer than 3 Tribal 
                representatives, from which the remaining members of 
                the Board shall appoint a representative to fill the 
                vacancy.
            (5) Continuation of service.--An individual whose term of 
        service as a member of the Board expires may continue to serve 
        on the Board until a successor is appointed.
            (6) Removal.--If a member of the Board described in any of 
        subparagraphs (H) through (O) of subparagraph (a)(2) misses 3 
        consecutive regularly scheduled Board meetings, the members of 
        the Board may--
                    (A) vote to remove that member; and
                    (B) appoint another individual in accordance with 
                paragraph (4).
    (c) Chairperson.--
            (1) In general.--The representative of the Association of 
        Fish and Wildlife Agencies appointed under subsection (a)(2)(E) 
        shall serve as Chairperson of the Board.
            (2) Term.--The Chairperson of the Board shall serve for a 
        term of 3 years.
    (d) Meetings.--
            (1) In general.--The Board shall meet--
                    (A) at the call of the Chairperson; but
                    (B) not less frequently than twice each calendar 
                year.
            (2) Public access.--All meetings of the Board shall be open 
        to the public.
    (e) Procedures.--
            (1) In general.--The Board shall establish procedures to 
        carry out the business of the Board, including--
                    (A) a requirement that a quorum of the members of 
                the Board be present to transact business;
                    (B) a requirement that no recommendations may be 
                adopted by the Board, except by the vote of \2/3\ of 
                all members;
                    (C) procedures for establishing national goals and 
                priorities for fish habitat conservation for the 
                purposes of this Act;
                    (D) procedures for designating Partnerships under 
                section 5; and
                    (E) procedures for reviewing, evaluating, and 
                making recommendations regarding fish habitat 
                conservation projects.
            (2) Quorum.--A majority of the members of the Board shall 
        constitute a quorum.

SEC. 5. FISH HABITAT PARTNERSHIPS.

    (a) Authority To Recommend.--The Board may recommend to Congress 
the designation of Fish Habitat Partnerships in accordance with this 
section.
    (b) Purposes.--The purposes of a Partnership shall be--
            (1) to work with other regional habitat conservation 
        programs to promote cooperation and coordination to enhance 
        fish populations and fish habitats;
            (2) to engage local and regional communities to build 
        support for fish habitat conservation;
            (3) to involve diverse groups of public and private 
        partners;
            (4) to develop collaboratively a strategic vision and 
        achievable implementation plan that is scientifically sound;
            (5) to leverage funding from sources that support local and 
        regional partnerships;
            (6) to use adaptive management principles, including 
        evaluation of project success and functionality;
            (7) to develop appropriate local or regional habitat 
        evaluation and assessment measures and criteria that are 
        compatible with national habitat condition measures; and
            (8) to implement local and regional priority projects that 
        improve conditions for fish and fish habitat.
    (c) Criteria for Designation.--An entity seeking to be designated 
by Congress as a Partnership shall--
            (1) submit to the Board an application at such time, in 
        such manner, and containing such information as the Board may 
        reasonably require; and
            (2) demonstrate to the Board that the entity has--
                    (A) a focus on promoting the health of important 
                fish and fish habitats;
                    (B) an ability to coordinate the implementation of 
                priority projects that support the goals and national 
                priorities set by the Board that are within the 
                Partnership boundary;
                    (C) a self-governance structure that supports the 
                implementation of strategic priorities for fish 
                habitat;
                    (D) the ability to develop local and regional 
                relationships with a broad range of entities to further 
                strategic priorities for fish and fish habitat;
                    (E) a strategic plan that details required 
                investments for fish habitat conservation that 
                addresses the strategic fish habitat priorities of the 
                Partnership and supports and meets the strategic 
                priorities of the Board;
                    (F) the ability to develop and implement fish 
                habitat conservation projects that address strategic 
                priorities of the Partnership and the Board; and
                    (G) the ability to develop fish habitat 
                conservation priorities based on sound science and 
                data, the ability to measure the effectiveness of fish 
                habitat projects of the Partnership, and a clear plan 
                as to how Partnership science and data components will 
                be integrated with the overall Board science and data 
                effort.
    (d) Requirements for Recommendation to Congress.--The Board may 
recommend to Congress for designation an application for a Partnership 
submitted under subsection (c) if the Board determines that the 
applicant--
            (1) meets the criteria described in subsection (c)(2);
            (2) identifies representatives to provide support and 
        technical assistance to the Partnership from a diverse group of 
        public and private partners, which may include State or local 
        governments, nonprofit entities, Indian Tribes, and private 
        individuals, that are focused on conservation of fish habitats 
        to achieve results across jurisdictional boundaries on public 
        and private land;
            (3) is organized to promote the health of important fish 
        species and important fish habitats, including reservoirs, 
        natural lakes, coastal and marine environments, and estuaries;
            (4) identifies strategic fish and fish habitat priorities 
        for the Partnership area in the form of geographical focus 
        areas or key stressors or impairments to facilitate strategic 
        planning and decision making;
            (5) is able to address issues and priorities on a 
        nationally significant scale;
            (6) includes a governance structure that--
                    (A) reflects the range of all partners; and
                    (B) promotes joint strategic planning and decision 
                making by the applicant;
            (7) demonstrates completion of, or significant progress 
        toward the development of, a strategic plan to address declines 
        in fish populations, rather than simply treating symptoms, in 
        accordance with the goals and national priorities established 
        by the Board; and
            (8) promotes collaboration in developing a strategic vision 
        and implementation program that is scientifically sound and 
        achievable.
    (e) Report to Congress.--
            (1) In general.--Not later than February 1 of the first 
        fiscal year beginning after the date of enactment of this Act 
        and each February 1 thereafter, the Board shall develop and 
        submit to the appropriate congressional committees an annual 
        report, to be entitled ``Report to Congress on Future Fish 
        Habitat Partnerships and Modifications'', that--
                    (A) identifies each entity that--
                            (i) meets the requirements described in 
                        subsection (d); and
                            (ii) the Board recommends to Congress for 
                        designation as a Partnership;
                    (B) describes any proposed modifications to a 
                Partnership previously designated by Congress under 
                subsection (f);
                    (C) with respect to each entity recommended for 
                designation as a Partnership, describes, to the maximum 
                extent practicable--
                            (i) the purpose of the recommended 
                        Partnership; and
                            (ii) how the recommended Partnership 
                        fulfills the requirements described in 
                        subsection (d).
            (2) Public availability; notification.--The Board shall--
                    (A) make the report publicly available, including 
                on the internet; and
                    (B) provide to the appropriate congressional 
                committees and the State agency of any State included 
                in a recommended Partnership area written notification 
                of the public availability of the report.
    (f) Designation or Modification of Partnership.--Congress shall 
have the exclusive authority to designate or modify a Partnership.
    (g) Existing Partnerships.--
            (1) Designation review.--Not later than 5 years after the 
        date of enactment of this Act, any partnership receiving 
        Federal funds as of the date of enactment of this Act shall be 
        subject to a designation review by Congress in which Congress 
        shall have the opportunity to designate the partnership under 
        subsection (f).
            (2) Ineligibility for federal funds.--A partnership 
        referred to in paragraph (1) that Congress does not designate 
        as described in that paragraph shall be ineligible to receive 
        Federal funds under this Act.

SEC. 6. FISH HABITAT CONSERVATION PROJECTS.

    (a) Submission to Board.--Not later than March 31 of each year, 
each Partnership shall submit to the Board a list of priority fish 
habitat conservation projects recommended by the Partnership for annual 
funding under this Act.
    (b) Recommendations by Board.--Not later than July 1 of each year, 
the Board shall submit to the Secretary a priority list of fish habitat 
conservation projects that includes a description, including estimated 
costs, of each project that the Board recommends that the Secretary 
approve and fund under this Act for the following fiscal year.
    (c) Criteria for Project Selection.--The Board shall select each 
fish habitat conservation project recommended to the Secretary under 
subsection (b) after taking into consideration, at a minimum, the 
following information:
            (1) A recommendation of the Partnership that is, or will 
        be, participating actively in implementing the fish habitat 
        conservation project.
            (2) The capabilities and experience of project proponents 
        to implement successfully the proposed project.
            (3) The extent to which the fish habitat conservation 
        project--
                    (A) fulfills a local or regional priority that is 
                directly linked to the strategic plan of the 
                Partnership and is consistent with the purpose of this 
                Act;
                    (B) addresses the national priorities established 
                by the Board;
                    (C) is supported by the findings of the habitat 
                assessment of the Partnership or the Board, and aligns 
                or is compatible with other conservation plans;
                    (D) identifies appropriate monitoring and 
                evaluation measures and criteria that are compatible 
                with national measures;
                    (E) provides a well-defined budget linked to 
                deliverables and outcomes;
                    (F) leverages other funds to implement the project;
                    (G) addresses the causes and processes behind the 
                decline of fish or fish habitats; and
                    (H) includes an outreach or education component 
                that includes the local or regional community.
            (4) The availability of sufficient non-Federal funds to 
        match Federal contributions for the fish habitat conservation 
        project, as required by subsection (e).
            (5) The extent to which the fish habitat conservation 
        project--
                    (A) will increase fish populations in a manner that 
                leads to recreational fishing opportunities for the 
                public;
                    (B) will be carried out through a cooperative 
                agreement among Federal, State, and local governments, 
                Indian Tribes, and private entities;
                    (C) increases public access to land or water for 
                fish and wildlife-dependent recreational opportunities;
                    (D) advances the conservation of fish and wildlife 
                species that have been identified by a State agency as 
                species of greatest conservation need;
                    (E) where appropriate, advances the conservation of 
                fish and fish habitats under the Magnuson-Stevens 
                Fishery Conservation and Management Act (16 U.S.C. 1801 
                et seq.) and other relevant Federal law and State 
                wildlife action plans; and
                    (F) promotes strong and healthy fish habitats so 
                that desired biological communities are able to persist 
                and adapt.
            (6) The substantiality of the character and design of the 
        fish habitat conservation project.
    (d) Limitations.--
            (1) Requirements for evaluation.--No fish habitat 
        conservation project may be recommended by the Board under 
        subsection (b) or provided financial assistance under this Act 
        unless the fish habitat conservation project includes an 
        evaluation plan designed using applicable Board guidance--
                    (A) to appropriately assess the biological, 
                ecological, or other results of the habitat protection, 
                restoration, or enhancement activities carried out 
                using the assistance;
                    (B) to reflect appropriate changes to the fish 
                habitat conservation project if the assessment 
                substantiates that the fish habitat conservation 
                project objectives are not being met;
                    (C) to identify improvements to existing fish 
                populations, recreational fishing opportunities, and 
                the overall economic benefits for the local community 
                of the fish habitat conservation project; and
                    (D) to require the submission to the Board of a 
                report describing the findings of the assessment.
            (2) Acquisition authorities.--
                    (A) In general.--A State, local government, or 
                other non-Federal entity is eligible to receive funds 
                for the acquisition of real property from willing 
                sellers under this Act if the acquisition ensures--
                            (i) public access for fish and wildlife-
                        dependent recreation; or
                            (ii) a scientifically based, direct 
                        enhancement to the health of fish and fish 
                        populations, as determined by the Board.
                    (B) State agency approval.--
                            (i) In general.--All real property interest 
                        acquisition projects funded under this Act must 
                        be approved by the State agency in the State in 
                        which the project is occurring.
                            (ii) Prohibition.--The Board may not 
                        recommend, and the Secretary may not provide 
                        any funding for, any real property interest 
                        acquisition that has not been approved by the 
                        State agency.
                    (C) Assessment of other authorities.--The Board may 
                not recommend, and the Secretary may not provide any 
                funding under this Act for, any real property interest 
                acquisition unless the Partnership that recommended the 
                project has conducted a project assessment, submitted 
                with the funding request and approved by the Board, to 
                demonstrate all other Federal, State, and local 
                authorities for the acquisition of real property have 
                been exhausted.
                    (D) Restrictions.--A real property interest may not 
                be acquired pursuant to a fish habitat conservation 
                project by a State, local government, or other non-
                Federal entity conducted with funds provided under this 
                Act, unless--
                            (i) the owner of the real property 
                        authorizes the State, local government, or 
                        other non-Federal entity to acquire the real 
                        property; and
                            (ii) the Secretary and the Board determine 
                        that the State, local government, or other non-
                        Federal entity would benefit from undertaking 
                        the management of the real property being 
                        acquired because that is in accordance with the 
                        goals of a Partnership.
    (e) Non-Federal Contributions.--
            (1) In general.--Except as provided in paragraph (2), no 
        fish habitat conservation project may be recommended by the 
        Board under subsection (b) or provided financial assistance 
        under this Act unless at least 50 percent of the cost of the 
        fish habitat conservation project will be funded with non-
        Federal funds.
            (2) Non-federal share.--Such non-Federal share of the cost 
        of a fish habitat conservation project--
                    (A) may not be derived from another Federal grant 
                program; and
                    (B) may include in-kind contributions and cash.
            (3) Special rule for indian tribes.--Notwithstanding 
        paragraph (1) or any other provision of law, any funds made 
        available to an Indian Tribe pursuant to this Act may be 
        considered to be non-Federal funds for the purpose of paragraph 
        (1).
    (f) Approval.--
            (1) In general.--Not later than 90 days after the date of 
        receipt of the recommended priority list of fish habitat 
        conservation projects under subsection (b), and subject to 
        subsection (d) and based, to the maximum extent practicable, on 
        the criteria described in subsection (c), the Secretary, after 
        consulting with the Secretary of Commerce on marine or 
        estuarine projects, shall approve or reject any fish habitat 
        conservation project recommended by the Board.
            (2) Funding.--If the Secretary approves a fish habitat 
        conservation project under paragraph (1), the Secretary shall 
        use amounts made available to carry out this Act to provide 
        funds to carry out the fish habitat conservation project.
            (3) Notification.--If the Secretary rejects under paragraph 
        (1) any fish habitat conservation project recommended by the 
        Board, not later than 90 days after the date of receipt of the 
        recommendation, the Secretary shall provide to the Board, the 
        appropriate Partnership, and the appropriate congressional 
        committees a written statement of the reasons that the 
        Secretary rejected the fish habitat conservation project.

SEC. 7. TECHNICAL AND SCIENTIFIC ASSISTANCE.

    (a) In General.--The Director, the NOAA Assistant Administrator, 
the EPA Assistant Administrator, and the Director of the United States 
Geological Survey, in coordination with the Forest Service and other 
appropriate Federal departments and agencies, may provide scientific 
and technical assistance to Partnerships, participants in fish habitat 
conservation projects, and the Board.
    (b) Inclusions.--Scientific and technical assistance provided under 
subsection (a) may include--
            (1) providing technical and scientific assistance to 
        States, Indian Tribes, regions, local communities, and 
        nongovernmental organizations in the development and 
        implementation of Partnerships;
            (2) providing technical and scientific assistance to 
        Partnerships for habitat assessment, strategic planning, and 
        prioritization;
            (3) supporting the development and implementation of fish 
        habitat conservation projects that are identified as high 
        priorities by Partnerships and the Board;
            (4) supporting and providing recommendations regarding the 
        development of science-based monitoring and assessment 
        approaches for implementation through Partnerships;
            (5) supporting and providing recommendations for a national 
        fish habitat assessment;
            (6) ensuring the availability of experts to assist in 
        conducting scientifically based evaluation and reporting of the 
        results of fish habitat conservation projects; and
            (7) providing resources to secure State agency scientific 
        and technical assistance to support Partnerships, participants 
        in fish habitat conservation projects, and the Board.

SEC. 8. COORDINATION WITH STATES AND INDIAN TRIBES.

    The Secretary shall provide a notice to, and cooperate with, the 
appropriate State agency or Tribal agency, as applicable, of each State 
and Indian Tribe within the boundaries of which an activity is planned 
to be carried out pursuant to this Act, including notification, by not 
later than 30 days before the date on which the activity is 
implemented.

SEC. 9. INTERAGENCY OPERATIONAL PLAN.

    Not later than 1 year after the date of enactment of this Act, and 
every 5 years thereafter, the Director, in cooperation with the NOAA 
Assistant Administrator, the EPA Assistant Administrator, the Director 
of the United States Geological Survey, and the heads of other 
appropriate Federal departments and agencies (including, at a minimum, 
those agencies represented on the Board) shall develop an interagency 
operational plan that describes--
            (1) the functional, operational, technical, scientific, and 
        general staff, administrative, and material needs for the 
        implementation of this Act; and
            (2) any interagency agreements between or among Federal 
        departments and agencies to address those needs.

SEC. 10. ACCOUNTABILITY AND REPORTING.

    (a) Reporting.--
            (1) In general.--Not later than 5 years after the date of 
        enactment of this Act, and every 5 years thereafter, the Board 
        shall submit to the appropriate congressional committees a 
        report describing the progress of this Act.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include--
                    (A) an estimate of the number of acres, stream 
                miles, or acre-feet, or other suitable measures of fish 
                habitat, that was maintained or improved by 
                Partnerships under this Act during the 5-year period 
                ending on the date of submission of the report;
                    (B) a description of the public access to fish 
                habitats established or improved under this Act during 
                that 5-year period;
                    (C) a description of the improved opportunities for 
                public recreational fishing achieved under this Act; 
                and
                    (D) an assessment of the status of fish habitat 
                conservation projects carried out with funds provided 
                under this Act during that period, disaggregated by 
                year, including--
                            (i) a description of the fish habitat 
                        conservation projects recommended by the Board 
                        under section 6(b);
                            (ii) a description of each fish habitat 
                        conservation project approved by the Secretary 
                        under section 6(f), in order of priority for 
                        funding;
                            (iii) a justification for--
                                    (I) the approval of each fish 
                                habitat conservation project; and
                                    (II) the order of priority for 
                                funding of each fish habitat 
                                conservation project;
                            (iv) a justification for any rejection of a 
                        fish habitat conservation project recommended 
                        by the Board under section 6(b) that was based 
                        on a factor other than the criteria described 
                        in section 6(c); and
                            (v) an accounting of expenditures by 
                        Federal, State, or local governments, Indian 
                        Tribes, or other entities to carry out fish 
                        habitat conservation projects under this Act.
    (b) Status and Trends Report.--Not later than December 31, 2020, 
and every 5 years thereafter, the Board shall submit to the appropriate 
congressional committees a report that includes--
            (1) a status of all Partnerships designated under this Act;
            (2) a description of the status of fish habitats in the 
        United States as identified by designated Partnerships; and
            (3) enhancements or reductions in public access as a result 
        of--
                    (A) the activities of the Partnerships; or
                    (B) any other activities carried out pursuant to 
                this Act.

SEC. 11. EFFECT OF THE ACT.

    (a) Water Rights.--Nothing in this Act--
            (1) establishes any express or implied reserved water right 
        in the United States for any purpose;
            (2) affects any water right in existence on the date of 
        enactment of this Act;
            (3) preempts or affects any State water law or interstate 
        compact governing water; or
            (4) affects any Federal or State law in existence on the 
        date of enactment of the Act regarding water quality or water 
        quantity.
    (b) Authority To Acquire Water Rights or Rights to Property.--Only 
a State, local government, or other non-Federal entity may acquire, 
under State law, water rights or rights to property with funds made 
available through section 13.
    (c) State Authority.--Nothing in this Act--
            (1) affects the authority, jurisdiction, or responsibility 
        of a State to manage, control, or regulate fish and wildlife 
        under the laws and regulations of the State; or
            (2) authorizes the Secretary to control or regulate within 
        a State the fishing or hunting of fish and wildlife.
    (d) Effect on Indian Tribes.--Nothing in this Act abrogates, 
abridges, affects, modifies, supersedes, or alters any right of an 
Indian Tribe recognized by treaty or any other means, including--
            (1) an agreement between the Indian Tribe and the United 
        States;
            (2) Federal law (including regulations);
            (3) an Executive order; or
            (4) a judicial decree.
    (e) Adjudication of Water Rights.--Nothing in this Act diminishes 
or affects the ability of the Secretary to join an adjudication of 
rights to the use of water pursuant to subsection (a), (b), or (c) of 
section 208 of the Departments of State, Justice, Commerce, and The 
Judiciary Appropriation Act, 1953 (43 U.S.C. 666).
    (f) Department of Commerce Authority.--Nothing in this Act affects 
the authority, jurisdiction, or responsibility of the Department of 
Commerce to manage, control, or regulate fish or fish habitats under 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.).
    (g) Effect on Other Authorities.--
            (1) Private property protection.--Nothing in this Act 
        permits the use of funds made available to carry out this Act 
        to acquire real property or a real property interest without 
        the written consent of each owner of the real property or real 
        property interest, respectively.
            (2) Mitigation.--Nothing in this Act authorizes the use of 
        funds made available to carry out this Act for fish and 
        wildlife mitigation purposes under--
                    (A) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (B) the Fish and Wildlife Coordination Act (16 
                U.S.C. 661 et seq.);
                    (C) the Water Resources Development Act of 1986 
                (Public Law 99-662; 100 Stat. 4082); or
                    (D) any other Federal law or court settlement.
            (3) Clean water act.--Nothing in this Act affects any 
        provision of the Federal Water Pollution Control Act (33 U.S.C. 
        1251 et seq.), including any definition in that Act.

SEC. 12. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to--
            (1) the Board; or
            (2) any Partnership.

SEC. 13. FUNDING.

    (a) Authorization of Appropriations.--
            (1) Fish habitat conservation projects.--There is 
        authorized to be appropriated to the Secretary $7,200,000 for 
        each of fiscal years 2019 through 2023 to provide funds for 
        fish habitat conservation projects approved under section 6(f), 
        of which 5 percent is authorized only for projects carried out 
        by Indian Tribes.
            (2) Administrative and planning expenses.--There is 
        authorized to be appropriated to the Secretary for each of 
        fiscal years 2019 through 2023 an amount equal to 5 percent of 
        the amount appropriated for the applicable fiscal year pursuant 
        to paragraph (1)--
                    (A) for administrative and planning expenses under 
                this Act; and
                    (B) to carry out section 10.
            (3) Technical and scientific assistance.--There is 
        authorized to be appropriated for each of fiscal years 2020 
        through 2024 to carry out, and provide technical and scientific 
        assistance under, section 7--
                    (A) $400,000 to the Secretary for use by the United 
                States Fish and Wildlife Service;
                    (B) $400,000 to the NOAA Assistant Administrator 
                for use by the National Oceanic and Atmospheric 
                Administration;
                    (C) $400,000 to the EPA Assistant Administrator for 
                use by the Environmental Protection Agency;
                    (D) $400,000 to the Secretary for use by the United 
                States Geological Survey; and
                    (E) $400,000 to the Chief of the Forest Service for 
                use by the United States Department of Agriculture 
                Forest Service.
    (b) Agreements and Grants.--The Secretary may--
            (1) on the 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; Public Law 106-107), enter into a grant 
        agreement, cooperative agreement, or contract with a 
        Partnership or other entity to provide funds authorized by this 
        Act for a fish habitat conservation project or restoration or 
        enhancement project;
            (2) apply for, accept, and, subject to the availability of 
        appropriations, use a grant from any individual or entity to 
        carry out the purposes of this Act; and
            (3) subject to the availability of appropriations, make 
        funds authorized by this Act available to any Federal 
        department or agency for use by that department or agency to 
        provide grants for any fish habitat protection project, 
        restoration project, or enhancement project that the Secretary 
        determines to be consistent with this Act.
    (c) 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 that is exempt from taxation under section 
                501(a) of that Code to solicit private donations to 
                carry out the purposes of this Act; and
                    (B) accept donations of funds, property, and 
                services to carry out the purposes of this Act.
            (2) Treatment.--A donation accepted under this Act--
                    (A) shall be considered to be a gift or bequest to, 
                or otherwise for the use of, the United States; and
                    (B) may be--
                            (i) used directly by the Secretary; or
                            (ii) provided to another Federal department 
                        or agency through an interagency agreement.

SEC. 14. PROHIBITION AGAINST IMPLEMENTATION OF REGULATORY AUTHORITY BY 
              FEDERAL AGENCIES THROUGH PARTNERSHIPS.

    Any Partnership designated under this Act--
            (1) shall be for the sole purpose of promoting fish 
        conservation; and
            (2) shall not be used to implement any regulatory authority 
        of any Federal agency.
                                                 Union Calendar No. 255

116th CONGRESS

  1st Session

                               H. R. 1747

                          [Report No. 116-314]

_______________________________________________________________________

                                 A BILL

 To encourage partnerships among public agencies and other interested 
                 persons to promote fish conservation.

_______________________________________________________________________

                           November 26, 2019

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
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