IB 

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 

GONZA ́LEZ-COLO ́N 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] 


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A BILL 

To encourage partnerships among public agencies and other 

interested persons to promote fish conservation. 


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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— 

10 (1) to achieve measurable habitat conservation 

11 results through strategic actions of Fish Habitat Part12 nerships that lead to better fish habitat conditions 

13 and increased fishing opportunities by— 

14 (A) improving ecological conditions; 

15 (B) restoring natural processes; or 

16 (C) preventing the decline of intact and 

17 healthy systems; 

18 (2) to establish a consensus set of national con19 servation strategies as a framework to guide future 

20 actions and investment by Fish Habitat Partnerships; 

21 (3) to broaden the community of support for fish 

22 habitat conservation by— 

23 (A) increasing fishing opportunities; 


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1 (B) fostering the participation of local com2 munities, especially young people in local com3 munities, in conservation activities; and 

4 (C) raising public awareness of the role 

5 healthy fish habitat play in the quality of life 

6 and economic well-being of local communities; 

7 (4) to fill gaps in the National Fish Habitat As8 sessment and the associated database of the National 

9 Fish Habitat Assessment— 

10 (A) to empower strategic conservation ac11 tions supported by broadly available scientific 

12 information; and 

13 (B) to integrate socioeconomic data in the 

14 analysis to improve the lives of humans in a 

15 manner consistent with fish habitat conservation 

16 goals; and 

17 (5) to communicate to the public and conserva18 tion partners— 

19 (A) the conservation outcomes produced col20 lectively by Fish Habitat Partnerships; and 

21 (B) new opportunities and voluntary ap22 proaches for conserving fish habitat. 

23 SEC. 3. DEFINITIONS. 

24 In this Act: 


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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional commit3 tees’’ means— 

4 (A) the Committee on Commerce, Science, 

5 and Transportation and the Committee on Envi6 ronment and Public Works of the Senate; and 

7 (B) the Committee on Natural Resources of 

8 the House of Representatives. 

9 (2) BOARD.—The term ‘‘Board’’ means the Na10 tional Fish Habitat Board established by section 4. 

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

12 Director of the United States Fish and Wildlife Serv13 ice. 

14 (4) EPA ASSISTANT ADMINISTRATOR.—The term 

15 ‘‘EPA Assistant Administrator’’ means the Assistant 

16 Administrator for Water of the Environmental Pro17 tection Agency. 

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

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

20 section 4 of the Indian Self-Determination and Edu21 cation Assistance Act (25 U.S.C. 5304). 

22 (6) NOAA ASSISTANT ADMINISTRATOR.—The 

23 term ‘‘NOAA Assistant Administrator’’ means the As24 sistant Administrator for Fisheries of the National 

25 Oceanic and Atmospheric Administration. 


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

2 means a self-governed entity designated by Congress 

3 as a Fish Habitat Partnership under subsection 

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

5 section 5. 

6 (8) REAL PROPERTY INTEREST.—The term ‘‘real 

7 property interest’’ means an ownership interest in— 

8 (A) land; or 

9 (B) water (including water rights). 

10 (9) MARINE FISHERIES COMMISSIONS.—The 

11 term ‘‘Marine Fisheries Commissions’’ means— 

12 (A) The Atlantic States Marine Fisheries 

13 Commission; 

14 (B) the Gulf States Marine Fisheries Com15 mission; and 

16 (C) the Pacific States Marine Commission. 

17 (10) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of the Interior. 

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

20 the several States, Puerto Rico, American Samoa, 

21 Guam, the Northern Mariana Islands, the United 

22 States Virgin Islands, and the District of Columbia. 

23 (12) STATE AGENCY.—The term ‘‘State agency’’ 

24 means— 


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

2 and 

3 (B) any department or division of a depart4 ment or agency of a State that manages in the 

5 public trust the inland or marine fishery re6 sources of the State or sustains the habitat for 

7 those fishery resources pursuant to State law or 

8 the constitution of the State. 

9 SEC. 4. NATIONAL FISH HABITAT BOARD. 

10 (a) ESTABLISHMENT.— 

11 (1) FISH HABITAT BOARD.—There is established 

12 a board, to be known as the ‘‘National Fish Habitat 

13 Board’’, whose duties are— 

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

15 implementation of this Act; 

16 (B) to establish national goals and prior17 ities for fish habitat conservation; 

18 (C) to recommend to Congress entities for 

19 designation as Partnerships; and 

20 (D) to review and make recommendations 

21 regarding fish habitat conservation projects. 

22 (2) MEMBERSHIP.—The Board shall be composed 

23 of 25 members, of whom— 

24 (A) 1 shall be a representative of the De25 partment of the Interior; 


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1 (B) 1 shall be a representative of the United 

2 States Geological Survey; 

3 (C) 1 shall be a representative of the De4 partment of Commerce; 

5 (D) 1 shall be a representative of the De6 partment of Agriculture; 

7 (E) 1 shall be a representative of the Asso8 ciation of Fish and Wildlife Agencies; 

9 (F) 4 shall be representatives of State agen10 cies, 1 of whom shall be nominated by a regional 

11 association of fish and wildlife agencies from 

12 each of the Northeast, Southeast, Midwest, and 

13 Western regions of the United States; 

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

15 (i) Indian Tribes in the State of Alas16 ka; or 

17 (ii) Indian Tribes in States other than 

18 the State of Alaska; 

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

20 (i) the Regional Fishery Management 

21 Councils established under section 302 of the 

22 Magnuson-Stevens Fishery Conservation 

23 and Management Act (16 U.S.C. 1852); or 

24 (ii) a representative of the Marine 

25 Fisheries Commissions; 


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1 (I) 1 shall be a representative of the 

2 Sportfishing and Boating Partnership Council; 

3 (J) 7 shall be representatives selected from 

4 at least one from each of the following: 

5 (i) the recreational sportfishing indus6 try; 

7 (ii) the commercial fishing industry; 

8 (iii) marine recreational anglers; 

9 (iv) freshwater recreational anglers; 

10 (v) habitat conservation organizations; 

11 and 

12 (vi) science-based fishery organizations; 

13 (K) 1 shall be a representative of a national 

14 private landowner organization; 

15 (L) 1 shall be a representative of an agri16 cultural production organization; 

17 (M) 1 shall be a representative of local gov18 ernment interests involved in fish habitat res19 toration; 

20 (N) 2 shall be representatives from different 

21 sectors of corporate industries, which may in22 clude— 

23 (i) natural resource commodity inter24 ests, such as petroleum or mineral extrac25 tion; 


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1 (ii) natural resource user industries; 

2 and 

3 (iii) industries with an interest in fish 

4 and fish habitat conservation; and 

5 (O) 1 shall be a leadership private sector or 

6 landowner representative of an active partner7 ship. 

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

9 shall serve without compensation. 

10 (4) TRAVEL EXPENSES.—A member of the Board 

11 may be allowed travel expenses, including per diem in 

12 lieu of subsistence, at rates authorized for an em13 ployee of an agency under subchapter I of chapter 57 

14 of title 5, United States Code, while away from the 

15 home or regular place of business of the member in 

16 the performance of the duties of the Board. 

17 (b) APPOINTMENT AND TERMS.— 

18 (1) IN GENERAL.—Except as otherwise provided 

19 in this section, a member of the Board described in 

20 any of subparagraphs (F) through (O) of subsection 

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

22 (2) INITIAL BOARD MEMBERSHIP.— 

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

24 consist of representatives as described in sub25 paragraphs (A) through (F) of subsection (a)(2). 


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1 (B) REMAINING MEMBERS.—Not later than 

2 60 days after the date of enactment of this Act, 

3 the representatives of the initial Board under 

4 subparagraph (A) shall appoint the remaining 

5 members of the Board described in subpara6 graphs (H) through (O) of subsection (a)(2). 

7 (C) TRIBAL REPRESENTATIVES.—Not later 

8 than 60 days after the enactment of this Act, the 

9 Secretary shall provide to the Board a rec10 ommendation of not fewer than 3 Tribal rep11 resentatives, from which the Board shall appoint 

12 1 representative pursuant to subparagraph (G) 

13 of subsection (a)(2). 

14 (3) STAGGERED TERMS.—Of the members de15 scribed in subsection (a)(2)(J) initially appointed to 

16 the Board— 

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

18 year; 

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

20 years; and 

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

22 years. 

23 (4) VACANCIES.— 

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

25 of the Board described in subparagraph (H), (I), 


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1 (J), (K), (L), (M), (N), or (O) of subsection 

2 (a)(2) shall be filled by an appointment made by 

3 the remaining members of the Board. 

4 (B) TRIBAL REPRESENTATIVES.—Following 

5 a vacancy of a member of the Board described in 

6 subparagraph (G) of subsection (a)(2), the Sec7 retary shall recommend to the Board a list of not 

8 fewer than 3 Tribal representatives, from which 

9 the remaining members of the Board shall ap10 point a representative to fill the vacancy. 

11 (5) CONTINUATION OF SERVICE.—An individual 

12 whose term of service as a member of the Board ex13 pires may continue to serve on the Board until a suc14 cessor is appointed. 

15 (6) REMOVAL.—If a member of the Board de16 scribed in any of subparagraphs (H) through (O) of 

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

18 scheduled Board meetings, the members of the Board 

19 may— 

20 (A) vote to remove that member; and 

21 (B) appoint another individual in accord22 ance with paragraph (4). 

23 (c) CHAIRPERSON.— 

24 (1) IN GENERAL.—The representative of the As25 sociation of Fish and Wildlife Agencies appointed 


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1 under subsection (a)(2)(E) shall serve as Chairperson 

2 of the Board. 

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

4 serve for a term of 3 years. 

5 (d) MEETINGS.— 

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

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

8 (B) not less frequently than twice each cal9 endar year. 

10 (2) PUBLIC ACCESS.—All meetings of the Board 

11 shall be open to the public. 

12 (e) PROCEDURES.— 

13 (1) IN GENERAL.—The Board shall establish pro14 cedures to carry out the business of the Board, includ15 ing— 

16 (A) a requirement that a quorum of the 

17 members of the Board be present to transact 

18 business; 

19 (B) a requirement that no recommendations 

20 may be adopted by the Board, except by the vote 

of 2 21 ⁄3 of all members; 

22 (C) procedures for establishing national 

23 goals and priorities for fish habitat conservation 

24 for the purposes of this Act; 


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1 (D) procedures for designating Partnerships 

2 under section 5; and 

3 (E) procedures for reviewing, evaluating, 

4 and making recommendations regarding fish 

5 habitat conservation projects. 

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

7 Board shall constitute a quorum. 

8 SEC. 5. FISH HABITAT PARTNERSHIPS. 

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

10 recommend to Congress the designation of Fish Habitat 

11 Partnerships in accordance with this section. 

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

13 be— 

14 (1) to work with other regional habitat conserva15 tion programs to promote cooperation and coordina16 tion to enhance fish populations and fish habitats; 

17 (2) to engage local and regional communities to 

18 build support for fish habitat conservation; 

19 (3) to involve diverse groups of public and pri20 vate partners; 

21 (4) to develop collaboratively a strategic vision 

22 and achievable implementation plan that is scientif23 ically sound; 

24 (5) to leverage funding from sources that support 

25 local and regional partnerships; 


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

4 (7) to develop appropriate local or regional habi5 tat evaluation and assessment measures and criteria 

6 that are compatible with national habitat condition 

7 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 are 

23 within the Partnership boundary; 


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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 regional 

5 relationships with a broad range of entities to 

6 further strategic priorities for fish and fish habi7 tat; 

8 (E) a strategic plan that details required 

9 investments for fish habitat conservation that ad10 dresses the strategic fish habitat priorities of the 

11 Partnership and supports and meets the strategic 

12 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 21:25 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\H1747.RH H1747

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1 ignation an application for a Partnership submitted under 

2 subsection (c) if the Board determines that the applicant— 

3 (1) meets the criteria described in subsection 

4 (c)(2); 

5 (2) identifies representatives to provide support 

6 and technical assistance to the Partnership from a di7 verse group of public and private partners, which 

8 may include State or local governments, nonprofit en9 tities, Indian Tribes, and private individuals, that 

10 are focused on conservation of fish habitats to achieve 

11 results across jurisdictional boundaries on public and 

12 private land; 

13 (3) is organized to promote the health of impor14 tant fish species and important fish habitats, includ15 ing reservoirs, natural lakes, coastal and marine en16 vironments, and estuaries; 

17 (4) identifies strategic fish and fish habitat pri18 orities for the Partnership area in the form of geo19 graphical focus areas or key stressors or impairments 

20 to facilitate strategic planning and decision making; 

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

22 nationally significant scale; 

23 (6) includes a governance structure that— 

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


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1 (B) promotes joint strategic planning and 

2 decision making by the applicant; 

3 (7) demonstrates completion of, or significant 

4 progress toward the development of, a strategic plan 

5 to address declines in fish populations, rather than 

6 simply treating symptoms, in accordance with the 

7 goals and national priorities established by the 

8 Board; and 

9 (8) promotes collaboration in developing a stra10 tegic vision and implementation program that is sci11 entifically sound and achievable. 

12 (e) REPORT TO CONGRESS.— 

13 (1) IN GENERAL.—Not later than February 1 of 

14 the first fiscal year beginning after the date of enact15 ment of this Act and each February 1 thereafter, the 

16 Board shall develop and submit to the appropriate 

17 congressional committees an annual report, to be enti18 tled ‘‘Report to Congress on Future Fish Habitat 

19 Partnerships and Modifications’’, that— 

20 (A) identifies each entity that— 

21 (i) meets the requirements described in 

22 subsection (d); and 

23 (ii) the Board recommends to Congress 

24 for designation as a Partnership; 


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1 (B) describes any proposed modifications to 

2 a Partnership previously designated by Congress 

3 under subsection (f); 

4 (C) with respect to each entity recommended 

5 for designation as a Partnership, describes, to 

6 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.—The 

13 Board shall— 

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

16 (B) provide to the appropriate congressional 

17 committees and the State agency of any State 

18 included in a recommended Partnership area 

19 written notification of the public availability of 

20 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.— 


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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 designation 

5 review by Congress in which Congress shall have the 

6 opportunity to designate the partnership under sub7 section (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 31 

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

16 a list of priority fish habitat conservation projects rec17 ommended by the Partnership for annual funding under 

18 this Act. 

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

20 July 1 of each year, the Board shall submit to the Secretary 

21 a priority list of fish habitat conservation projects that in22 cludes a description, including estimated costs, of each 

23 project that the Board recommends that the Secretary ap24 prove and fund under this Act for the following fiscal year. 


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1 (c) CRITERIA FOR PROJECT SELECTION.—The Board 

2 shall select each fish habitat conservation project rec3 ommended to the Secretary under subsection (b) after tak4 ing into consideration, at a minimum, the following infor5 mation: 

6 (1) A recommendation of the Partnership that is, 

7 or will be, participating actively in implementing the 

8 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 conserva13 tion 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 habi21 tat assessment of the Partnership or the Board, 

22 and aligns or is compatible with other conserva23 tion plans; 


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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 to 

5 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 com11 ponent that includes the local or regional com12 munity. 

13 (4) The availability of sufficient non-Federal 

14 funds to match Federal contributions for the fish 

15 habitat conservation project, as required by subsection 

16 (e). 

17 (5) The extent to which the fish habitat conserva18 tion project— 

19 (A) will increase fish populations in a 

20 manner that leads to recreational fishing oppor21 tunities 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 entities; 


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1 (C) increases public access to land or water 

2 for fish and wildlife-dependent recreational op3 portunities; 

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 ac13 tion 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 fish 

21 habitat conservation project may be recommended by 

22 the Board under subsection (b) or provided financial 

23 assistance under this Act unless the fish habitat con24 servation project includes an evaluation plan de25 signed using applicable Board guidance— 


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1 (A) to appropriately assess the biological, 

2 ecological, or other results of the habitat protec3 tion, restoration, or enhancement activities car4 ried out using the assistance; 

5 (B) to reflect appropriate changes to the fish 

6 habitat conservation project if the assessment 

7 substantiates that the fish habitat conservation 

8 project objectives are not being met; 

9 (C) to identify improvements to existing 

10 fish populations, recreational fishing opportuni11 ties, and the overall economic benefits for the 

12 local community of the fish habitat conservation 

13 project; and 

14 (D) to require the submission to the Board 

15 of a report describing the findings of the assess16 ment. 

17 (2) ACQUISITION AUTHORITIES.— 

18 (A) IN GENERAL.—A State, local govern19 ment, or other non-Federal entity is eligible to 

20 receive funds for the acquisition of real property 

21 from willing sellers under this Act if the acquisi22 tion ensures— 

23 (i) public access for fish and wildlife24 dependent recreation; or 


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1 (ii) a scientifically based, direct en2 hancement to the health of fish and fish 

3 populations, as determined by the Board. 

4 (B) STATE AGENCY APPROVAL.— 

5 (i) IN GENERAL.—All real property in6 terest acquisition projects funded under this 

7 Act must be approved by the State agency 

8 in the State in which the project is occur9 ring. 

10 (ii) PROHIBITION.—The Board may 

11 not recommend, and the Secretary may not 

12 provide any funding for, any real property 

13 interest acquisition that has not been ap14 proved by the State agency. 

15 (C) ASSESSMENT OF OTHER AUTHORI16 TIES.—The Board may not recommend, and the 

17 Secretary may not provide any funding under 

18 this Act for, any real property interest acquisi19 tion unless the Partnership that recommended 

20 the project has conducted a project assessment, 

21 submitted with the funding request and approved 

22 by the Board, to demonstrate all other Federal, 

23 State, and local authorities for the acquisition of 

24 real property have been exhausted. 


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1 (D) RESTRICTIONS.—A real property inter2 est may not be acquired pursuant to a fish habi3 tat conservation project by a State, local govern4 ment, or other non-Federal entity conducted with 

5 funds provided under this Act, unless— 

6 (i) the owner of the real property au7 thorizes the State, local government, or 

8 other non-Federal entity to acquire the real 

9 property; and 

10 (ii) the Secretary and the Board deter11 mine that the State, local government, or 

12 other non-Federal entity would benefit from 

13 undertaking the management of the real 

14 property being acquired because that is in 

15 accordance with the goals of a Partnership. 

16 (e) NON-FEDERAL CONTRIBUTIONS.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), no fish habitat conservation project may be 

19 recommended by the Board under subsection (b) or 

20 provided financial assistance under this Act unless at 

21 least 50 percent of the cost of the fish habitat con22 servation project will be funded with non-Federal 

23 funds. 


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

2 share of the cost of a fish habitat conservation 

3 project— 

4 (A) may not be derived from another Fed5 eral grant program; and 

6 (B) may include in-kind contributions and 

7 cash. 

8 (3) SPECIAL RULE FOR INDIAN TRIBES.—Not9 withstanding paragraph (1) or any other provision of 

10 law, any funds made available to an Indian Tribe 

11 pursuant to this Act may be considered to be non12 Federal funds for the purpose of paragraph (1). 

13 (f) APPROVAL.— 

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

15 the date of receipt of the recommended priority list of 

16 fish habitat conservation projects under subsection 

17 (b), and subject to subsection (d) and based, to the 

18 maximum extent practicable, on the criteria described 

19 in subsection (c), the Secretary, after consulting with 

20 the Secretary of Commerce on marine or estuarine 

21 projects, shall approve or reject any fish habitat con22 servation project recommended by the Board. 

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

24 habitat conservation project under paragraph (1), the 

25 Secretary shall use amounts made available to carry 


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1 out this Act to provide funds to carry out the fish 

2 habitat conservation project. 

3 (3) NOTIFICATION.—If the Secretary rejects 

4 under paragraph (1) any fish habitat conservation 

5 project recommended by the Board, not later than 90 

6 days after the date of receipt of the recommendation, 

7 the Secretary shall provide to the Board, the appro8 priate Partnership, and the appropriate congressional 

9 committees a written statement of the reasons that the 

10 Secretary rejected the fish habitat conservation 

11 project. 

12 SEC. 7. TECHNICAL AND SCIENTIFIC ASSISTANCE. 

13 (a) IN GENERAL.—The Director, the NOAA Assistant 

14 Administrator, the EPA Assistant Administrator, and the 

15 Director of the United States Geological Survey, in coordi16 nation with the Forest Service and other appropriate Fed17 eral departments and agencies, may provide scientific and 

18 technical assistance to Partnerships, participants in fish 

19 habitat conservation projects, and the Board. 

20 (b) INCLUSIONS.—Scientific and technical assistance 

21 provided under subsection (a) may include— 

22 (1) providing technical and scientific assistance 

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

24 and nongovernmental organizations in the develop25 ment and implementation of Partnerships; 


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1 (2) providing technical and scientific assistance 

2 to Partnerships for habitat assessment, strategic plan3 ning, and prioritization; 

4 (3) supporting the development and implementa5 tion of fish habitat conservation projects that are 

6 identified as high priorities by Partnerships and the 

7 Board; 

8 (4) supporting and providing recommendations 

9 regarding the development of science-based monitoring 

10 and assessment approaches for implementation 

11 through Partnerships; 

12 (5) supporting and providing recommendations 

13 for a national fish habitat assessment; 

14 (6) ensuring the availability of experts to assist 

15 in conducting scientifically based evaluation and re16 porting of the results of fish habitat conservation 

17 projects; and 

18 (7) providing resources to secure State agency 

19 scientific and technical assistance to support Partner20 ships, participants in fish habitat conservation 

21 projects, and the Board. 

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

23 The Secretary shall provide a notice to, and cooperate 

24 with, the appropriate State agency or Tribal agency, as ap25 plicable, of each State and Indian Tribe within the boundVerDate Sep 11 2014 21:25 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\H1747.RH H1747

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1 aries of which an activity is planned to be carried out pur2 suant to this Act, including notification, by not later than 

3 30 days before the date on which the activity is imple4 mented. 

5 SEC. 9. INTERAGENCY OPERATIONAL PLAN. 

6 Not later than 1 year after the date of enactment of 

7 this Act, and every 5 years thereafter, the Director, in co8 operation with the NOAA Assistant Administrator, the 

9 EPA Assistant Administrator, the Director of the United 

10 States Geological Survey, and the heads of other appro11 priate Federal departments and agencies (including, at a 

12 minimum, those agencies represented on the Board) shall 

13 develop an interagency operational plan that describes— 

14 (1) the functional, operational, technical, sci15 entific, and general staff, administrative, and mate16 rial needs for the implementation of this Act; and 

17 (2) any interagency agreements between or 

18 among Federal departments and agencies to address 

19 those needs. 

20 SEC. 10. ACCOUNTABILITY AND REPORTING. 

21 (a) REPORTING.— 

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

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

24 thereafter, the Board shall submit to the appropriate 


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1 congressional committees a report describing the 

2 progress of this Act. 

3 (2) CONTENTS.—Each report submitted under 

4 paragraph (1) shall include— 

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

6 stream miles, or acre-feet, or other suitable meas7 ures of fish habitat, that was maintained or im8 proved by Partnerships under this Act during 

9 the 5-year period ending on the date of submis10 sion of the report; 

11 (B) a description of the public access to fish 

12 habitats established or improved under this Act 

13 during that 5-year period; 

14 (C) a description of the improved opportu15 nities for public recreational fishing achieved 

16 under this Act; and 

17 (D) an assessment of the status of fish habi18 tat conservation projects carried out with funds 

19 provided under this Act during that period, 

20 disaggregated by year, including— 

21 (i) a description of the fish habitat 

22 conservation projects recommended by the 

23 Board under section 6(b); 

24 (ii) a description of each fish habitat 

25 conservation project approved by the SecVerDate Sep 11 2014 21:25 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\H1747.RH H1747

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1 retary under section 6(f), in order of pri2 ority for funding; 

3 (iii) a justification for— 

4 (I) the approval of each fish habi5 tat conservation project; and 

6 (II) the order of priority for fund7 ing of each fish habitat conservation 

8 project; 

9 (iv) a justification for any rejection of 

10 a fish habitat conservation project rec11 ommended by the Board under section 6(b) 

12 that was based on a factor other than the 

13 criteria described in section 6(c); and 

14 (v) an accounting of expenditures by 

15 Federal, State, or local governments, Indian 

16 Tribes, or other entities to carry out fish 

17 habitat conservation projects under this Act. 

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

19 December 31, 2020, and every 5 years thereafter, the Board 

20 shall submit to the appropriate congressional committees a 

21 report that includes— 

22 (1) a status of all Partnerships designated under 

23 this Act; 


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1 (2) a description of the status of fish habitats in 

2 the United States as identified by designated Partner3 ships; and 

4 (3) enhancements or reductions in public access 

5 as a result of— 

6 (A) the activities of the Partnerships; or 

7 (B) any other activities carried out pursu8 ant to this Act. 

9 SEC. 11. EFFECT OF THE ACT. 

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

11 (1) establishes any express or implied reserved 

12 water right in the United States for any purpose; 

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

14 date of enactment of this Act; 

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

16 interstate compact governing water; or 

17 (4) affects any Federal or State law in existence 

18 on the date of enactment of the Act regarding water 

19 quality or water quantity. 

20 (b) AUTHORITY TO ACQUIRE WATER RIGHTS OR

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

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

23 water rights or rights to property with funds made avail24 able through section 13. 

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


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1 (1) affects the authority, jurisdiction, or respon2 sibility of a State to manage, control, or regulate fish 

3 and wildlife under the laws and regulations of the 

4 State; or 

5 (2) authorizes the Secretary to control or regu6 late within a State the fishing or hunting of fish and 

7 wildlife. 

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

9 abrogates, abridges, affects, modifies, supersedes, or alters 

10 any right of an Indian Tribe recognized by treaty or any 

11 other means, including— 

12 (1) an agreement between the Indian Tribe and 

13 the United States; 

14 (2) Federal law (including regulations); 

15 (3) an Executive order; or 

16 (4) a judicial decree. 

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

18 this Act diminishes or affects the ability of the Secretary 

19 to join an adjudication of rights to the use of water pursu20 ant to subsection (a), (b), or (c) of section 208 of the Depart21 ments of State, Justice, Commerce, and The Judiciary Ap22 propriation Act, 1953 (43 U.S.C. 666). 

23 (f) DEPARTMENT OF COMMERCE AUTHORITY.—Noth24 ing in this Act affects the authority, jurisdiction, or respon25 sibility of the Department of Commerce to manage, control, 


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1 or regulate fish or fish habitats under the Magnuson-Stevens 

2 Fishery Conservation and Management Act (16 U.S.C. 

3 1801 et seq.). 

4 (g) EFFECT ON OTHER AUTHORITIES.— 

5 (1) PRIVATE PROPERTY PROTECTION.—Nothing 

6 in this Act permits the use of funds made available 

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

8 real property interest without the written consent of 

9 each owner of the real property or real property in10 terest, respectively. 

11 (2) MITIGATION.—Nothing in this Act authorizes 

12 the use of funds made available to carry out this Act 

13 for fish and wildlife mitigation purposes under— 

14 (A) the Federal Water Pollution Control Act 

15 (33 U.S.C. 1251 et seq.); 

16 (B) the Fish and Wildlife Coordination Act 

17 (16 U.S.C. 661 et seq.); 

18 (C) the Water Resources Development Act of 

19 1986 (Public Law 99–662; 100 Stat. 4082); or 

20 (D) any other Federal law or court settle21 ment. 

22 (3) CLEAN WATER ACT.—Nothing in this Act af23 fects any provision of the Federal Water Pollution 

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

25 definition in that Act. 


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1 SEC. 12. NONAPPLICABILITY OF FEDERAL ADVISORY COM2 MITTEE ACT. 

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

4 shall not apply to— 

5 (1) the Board; or 

6 (2) any Partnership. 

7 SEC. 13. FUNDING. 

8 (a) AUTHORIZATION OF APPROPRIATIONS.— 

9 (1) FISH HABITAT CONSERVATION PROJECTS.— 

10 There is authorized to be appropriated to the Sec11 retary $7,200,000 for each of fiscal years 2019 

12 through 2023 to provide funds for fish habitat con13 servation projects approved under section 6(f), of 

14 which 5 percent is authorized only for projects carried 

15 out by Indian Tribes. 

16 (2) ADMINISTRATIVE AND PLANNING EX17 PENSES.—There is authorized to be appropriated to 

18 the Secretary for each of fiscal years 2019 through 

19 2023 an amount equal to 5 percent of the amount ap20 propriated for the applicable fiscal year pursuant to 

21 paragraph (1)— 

22 (A) for administrative and planning ex23 penses under this Act; and 

24 (B) to carry out section 10. 

25 (3) TECHNICAL AND SCIENTIFIC ASSISTANCE.— 

26 There is authorized to be appropriated for each of fisVerDate Sep 11 2014 21:25 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6203 E:\BILLS\H1747.RH H1747

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1 cal years 2020 through 2024 to carry out, and pro2 vide technical and scientific assistance under, section 

3 7— 

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

5 United States Fish and Wildlife Service; 

6 (B) $400,000 to the NOAA Assistant Ad7 ministrator for use by the National Oceanic and 

8 Atmospheric Administration; 

9 (C) $400,000 to the EPA Assistant Admin10 istrator for use by the Environmental Protection 

11 Agency; 

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

13 United States Geological Survey; and 

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

15 Service for use by the United States Department 

16 of Agriculture Forest Service. 

17 (b) AGREEMENTS AND GRANTS.—The Secretary 

18 may— 

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

20 notwithstanding sections 6304 and 6305 of title 31, 

21 United States Code, and the Federal Financial Assist22 ance Management Improvement Act of 1999 (31 

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

24 grant agreement, cooperative agreement, or contract 

25 with a Partnership or other entity to provide funds 


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1 authorized by this Act for a fish habitat conservation 

2 project or restoration or enhancement project; 

3 (2) apply for, accept, and, subject to the avail4 ability of appropriations, use a grant from any indi5 vidual or entity to carry out the purposes of this Act; 

6 and 

7 (3) subject to the availability of appropriations, 

8 make funds authorized by this Act available to any 

9 Federal department or agency for use by that depart10 ment or agency to provide grants for any fish habitat 

11 protection project, restoration project, or enhancement 

12 project that the Secretary determines to be consistent 

13 with this Act. 

14 (c) DONATIONS.— 

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

16 (A) enter into an agreement with any orga17 nization described in section 501(c)(3) of the In18 ternal Revenue Code of 1986 that is exempt from 

19 taxation under section 501(a) of that Code to so20 licit private donations to carry out the purposes 

21 of this Act; and 

22 (B) accept donations of funds, property, 

23 and services to carry out the purposes of this 

24 Act. 


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1 (2) TREATMENT.—A donation accepted under 

2 this Act— 

3 (A) shall be considered to be a gift or be4 quest to, or otherwise for the use of, the United 

5 States; and 

6 (B) may be— 

7 (i) used directly by the Secretary; or 

8 (ii) provided to another Federal de9 partment or agency through an interagency 

10 agreement. 

11 SEC. 14. PROHIBITION AGAINST IMPLEMENTATION OF REG12 ULATORY AUTHORITY BY FEDERAL AGENCIES 

13 THROUGH PARTNERSHIPS. 

14 Any Partnership designated under this Act— 

15 (1) shall be for the sole purpose of promoting fish 

16 conservation; and 

17 (2) shall not be used to implement any regu18 latory authority of any Federal agency. 


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Union Calendar No. 255 

116TH CONGRESS 

1ST SESSION H. R. 1747 

[Report No. 116–314] 

A BILL 

To encourage partnerships among public agencies 

servation. and other interested persons to promote fish conNOVEMBER 26, 2019 

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


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