II 

111TH CONGRESS 

1ST SESSION S. 1214 

To conserve fish and aquatic communities in the United States through 

partnerships that foster fish habitat conservation, to improve the quality 

of life for the people of the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 9, 2009 

Mr. LIEBERMAN (for himself, Mr. CASEY, Mr. BOND, Ms. STABENOW, Mr. 

CARDIN, Mr. SANDERS, Mr. WHITEHOUSE, and Mr. CRAPO) introduced 

the following bill; which was read twice and referred to the Committee 

on Environment and Public Works 

A BILL 

To conserve fish and aquatic communities in the United 

States through partnerships that foster fish habitat conservation, to improve the quality of life for the people 

of the United States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘National Fish Habitat Conservation Act’’. 

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

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Findings; purpose. 

Sec. 3. Definitions. 

Sec. 4. National Fish Habitat Board. 

Sec. 5. Fish habitat partnerships. 

Sec. 6. Fish habitat conservation projects. 

Sec. 7. National Fish Habitat Conservation Partnership Office. 

Sec. 8. Technical and scientific assistance. 

Sec. 9. Conservation of aquatic habitat for fish and other aquatic organisms on 

Federal land. 

Sec. 10. Coordination with States and Indian tribes. 

Sec. 11. Accountability and reporting. 

Sec. 12. Regulations. 

Sec. 13. Effect of Act. 

Sec. 14. Nonapplicability of Federal Advisory Committee Act. 

Sec. 15. Funding. 

1 SEC. 2. FINDINGS; PURPOSE. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) healthy populations of fish and other aquat4 ic organisms depend on the conservation, protection, 

5 restoration, and enhancement of aquatic habitats in 

6 the United States; 

7 (2) aquatic habitats (including wetlands, 

8 streams, rivers, lakes, estuaries, coastal and marine 

9 ecosystems, and associated riparian upland habitats 

10 that buffer those areas from external factors) per11 form numerous valuable environmental functions 

12 that sustain environmental, social, and cultural val13 ues, including recycling nutrients, purifying water, 

14 attenuating floods, augmenting and maintaining 

15 stream flows, recharging ground water, acting as 

16 primary producers in the food chain, and providing 

17 essential and significant habitat for plants, fish, 

18 wildlife, and other dependent species; 


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1 (3) the extensive and diverse aquatic habitat re2 sources of the United States are of enormous signifi3 cance to the economy of the United States, pro4 viding— 

5 (A) recreation for 44,000,000 anglers; 

6 (B) more than 1,000,000 jobs and approxi7 mately $125,000,000,000 in economic impact 

8 each year relating to recreational fishing; and 

9 (C) approximately 500,000 jobs and an ad10 ditional $35,000,000,000 in economic impact 

11 each year relating to commercial fishing; 

12 (4) at least 40 percent of all threatened species 

13 and endangered species in the United States are di14 rectly dependent on aquatic habitats; 

15 (5) certain fish species are considered to be eco16 logical indicators of aquatic habitat quality, such 

17 that the presence of those species in an aquatic eco18 system reflects high-quality habitat for other fish; 

19 (6) loss and degradation of aquatic habitat, ri20 parian habitat, water quality, and water volume 

21 caused by activities such as alteration of water22 courses, stream blockages, water withdrawals and di23 versions, erosion, pollution, sedimentation, and de24 struction or modification of wetlands have— 


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1 (A) caused significant declines in fish pop2 ulations throughout the United States, espe3 cially declines in native fish populations; and 

4 (B) resulted in economic losses to the 

5 United States; 

6 (7)(A) providing for the conservation and sus7 tainability of fish and other aquatic organisms has 

8 not been fully realized, despite federally funded fish 

9 and wildlife restoration programs and other activi10 ties intended to conserve aquatic resources; and 

11 (B) that conservation and sustainability may be 

12 significantly advanced through a renewed commit13 ment and sustained, cooperative efforts that are 

14 complementary to existing fish and wildlife restora15 tion programs and clean water programs; 

16 (8) the National Fish Habitat Action Plan pro17 vides a framework for maintaining and restoring 

18 aquatic habitats to ensure perpetuation of popu19 lations of fish and other aquatic organisms; 

20 (9) the United States can achieve significant 

21 progress toward providing aquatic habitats for the 

22 conservation and restoration of fish and other aquat23 ic organisms through a voluntary, nonregulatory in24 centive program that is based on technical and fiVerDate Nov 24 2008 03:06 Jun 10, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1214.IS S1214

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1 nancial assistance provided by the Federal Govern2 ment; 

3 (10) the creation of partnerships between local 

4 citizens, Indian tribes, Alaska Native organizations, 

5 corporations, nongovernmental organizations, and 

6 Federal, State, and tribal agencies is critical to the 

7 success of activities to restore aquatic habitats and 

8 ecosystems; 

9 (11) the Federal Government has numerous 

10 regulatory and land and water management agencies 

11 that are critical to the implementation of the Na12 tional Fish Habitat Action Plan, including— 

13 (A) the United States Fish and Wildlife 

14 Service; 

15 (B) the Bureau of Land Management; 

16 (C) the National Park Service; 

17 (D) the Bureau of Reclamation; 

18 (E) the Bureau of Indian Affairs; 

19 (F) the National Marine Fisheries Service; 

20 (G) the Forest Service; 

21 (H) the Natural Resources Conservation 

22 Service; and 

23 (I) the Environmental Protection Agency; 

24 (12) the United States Fish and Wildlife Serv25 ice, the Forest Service, the Bureau of Land ManageVerDate Nov 24 2008 03:06 Jun 10, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1214.IS S1214

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1 ment, and the National Marine Fisheries Service 

2 each play a vital role in— 

3 (A) the protection, restoration, and en4 hancement of the fish communities and aquatic 

5 habitats in the United States; and 

6 (B) the development, operation, and long7 term success of fish habitat partnerships and 

8 project implementation; 

9 (13) the United States Geological Survey, the 

10 United States Fish and Wildlife Service, and the 

11 National Marine Fisheries Service each play a vital 

12 role in scientific evaluation, data collection, and 

13 mapping for fishery resources in the United States; 

14 and 

15 (14) many of the programs for conservation on 

16 private farmland, ranchland, and forestland that are 

17 carried out by the Secretary of Agriculture, includ18 ing the Natural Resources Conservation Service and 

19 the State and Private Forestry programs of the For20 est Service, are able to significantly contribute to the 

21 implementation of the National Fish Habitat Action 

22 Plan through the engagement of private landowners. 

23 (b) PURPOSE.—The purpose of this Act is to encour24 age partnerships among public agencies and other interVerDate Nov 24 2008 03:06 Jun 10, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1214.IS S1214

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1 ested parties consistent with the mission and goals of the 

2 National Fish Habitat Action Plan— 

3 (1) to protect and maintain intact and healthy 

4 aquatic habitats; 

5 (2) to prevent further degradation of aquatic 

6 habitats that have been adversely affected; 

7 (3) to reverse declines in the quality and quan8 tity of aquatic habitats to improve the overall health 

9 of fish and other aquatic organisms; 

10 (4) to increase the quality and quantity of 

11 aquatic habitats that support a broad natural diver12 sity of fish and other aquatic species; 

13 (5) to improve fisheries habitat in a manner 

14 that leads to improvement of the annual economic 

15 output from recreational, subsistence, and commer16 cial fishing; 

17 (6) to ensure coordination and facilitation of ac18 tivities carried out by Federal departments and 

19 agencies under the leadership of— 

20 (A) the Director of the United States Fish 

21 and Wildlife Service; 

22 (B) the Assistant Administrator for Fish23 eries of the National Oceanic and Atmospheric 

24 Administration; and 


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1 (C) the Director of the United States Geo2 logical Survey; and 

3 (7) to achieve other purposes in accordance 

4 with the mission and goals of the National Fish 

5 Habitat Action Plan. 

6 SEC. 3. DEFINITIONS. 

7 In this Act: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means— 

11 (A) the Committee on Commerce, Science, 

12 and Transportation and the Committee on En13 vironment and Public Works of the Senate; and 

14 (B) the Committee on Natural Resources 

15 of the House of Representatives. 

16 (2) AQUATIC HABITAT.— 

17 (A) IN GENERAL.—The term ‘‘aquatic 

18 habitat’’ means any area on which an aquatic 

19 organism depends, directly or indirectly, to 

20 carry out the life processes of the organism, in21 cluding an area used by the organism for 

22 spawning, incubation, nursery, rearing, growth 

23 to maturity, food supply, or migration. 


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1 (B) INCLUSIONS.—The term ‘‘aquatic 

2 habitat’’ includes an area adjacent to an aquat3 ic environment, if the adjacent area— 

4 (i) contributes an element, such as the 

5 input of detrital material or the promotion 

6 of a planktonic or insect population pro7 viding food, that makes fish life possible; 

8 (ii) protects the quality and quantity 

9 of water sources; 

10 (iii) provides public access for the use 

11 of fishery resources; or 

12 (iv) serves as a buffer protecting the 

13 aquatic environment. 

14 (3) ASSISTANT ADMINISTRATOR.—The term 

15 ‘‘Assistant Administrator’’ means the Assistant Ad16 ministrator for Fisheries of the National Oceanic 

17 and Atmospheric Administration. 

18 (4) BOARD.—The term ‘‘Board’’ means the Na19 tional Fish Habitat Board established by section 

20 4(a)(1). 

21 (5) CONSERVATION; CONSERVE; MANAGE; MAN22 AGEMENT.—The terms ‘‘conservation’’, ‘‘conserve’’, 

23 ‘‘manage’’, and ‘‘management’’ mean to protect, sus24 tain, and, where appropriate, restore and enhance, 

25 using methods and procedures associated with modVerDate Nov 24 2008 03:06 Jun 10, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1214.IS S1214

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1 ern scientific resource programs (including protec2 tion, research, census, law enforcement, habitat 

3 management, propagation, live trapping and trans4 plantation, and regulated taking)— 

5 (A) a healthy population of fish, wildlife, 

6 or plant life; 

7 (B) a habitat required to sustain fish, wild8 life, or plant life; or 

9 (C) a habitat required to sustain fish, wild10 life, or plant life productivity. 

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

12 the Director of the United States Fish and Wildlife 

13 Service. 

14 (7) FISH.— 

15 (A) IN GENERAL.—The term ‘‘fish’’ means 

16 any freshwater, diadromous, estuarine, or ma17 rine finfish or shellfish. 

18 (B) INCLUSIONS.—The term ‘‘fish’’ in19 cludes the egg, spawn, spat, larval, and other 

20 juvenile stages of an organism described in sub21 paragraph (A). 

22 (8) FISH HABITAT CONSERVATION PROJECT.— 

23 (A) IN GENERAL.—The term ‘‘fish habitat 

24 conservation project’’ means a project that— 


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1 (i) is submitted to the Board by a 

2 Partnership and approved by the Secretary 

3 under section 6; and 

4 (ii) provides for the conservation or 

5 management of an aquatic habitat. 

6 (B) INCLUSIONS.—The term ‘‘fish habitat 

7 conservation project’’ includes— 

8 (i) the provision of technical assist9 ance to a State, Indian tribe, or local com10 munity by the National Fish Habitat Con11 servation Partnership Office or any other 

12 agency to facilitate the development of 

13 strategies and priorities for the conserva14 tion of aquatic habitats; or 

15 (ii) the obtaining of a real property 

16 interest in land or water, including water 

17 rights, in accordance with terms and condi18 tions that ensure that the real property 

19 will be administered for the long-term con20 servation of— 

21 (I) the land or water; and 

22 (II) the fish dependent on the 

23 land or water. 

24 (9) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

25 has the meaning given the term in section 4 of the 


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1 Indian Self-Determination and Education Assistance 

2 Act (25 U.S.C. 450b). 

3 (10) NATIONAL FISH HABITAT ACTION PLAN.— 

4 The term ‘‘National Fish Habitat Action Plan’’ 

5 means the National Fish Habitat Action Plan dated 

6 April 24, 2006, and any subsequent revisions or 

7 amendments to that plan. 

8 (11) PARTNERSHIP.—The term ‘‘Partnership’’ 

9 means an entity designated by the Board as a Fish 

10 Habitat Conservation Partnership pursuant to sec11 tion 5(a). 

12 (12) REAL PROPERTY INTEREST.—The term 

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

14 in— 

15 (A) land; 

16 (B) water (including water rights); or 

17 (C) a building or object that is perma18 nently affixed to land. 

19 (13) SECRETARY.—The term ‘‘Secretary’’ 

20 means the Secretary of the Interior. 

21 (14) STATE AGENCY.—The term ‘‘State agen22 cy’’ means— 

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

24 (B) any department or division of a de25 partment or agency of a State that manages in 


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1 the public trust the inland or marine fishery re2 sources of the State pursuant to State law or 

3 the constitution of the State; or 

4 (C) the fish and wildlife agency of the 

5 Commonwealth of Puerto Rico, Guam, the Vir6 gin Islands, or any other territory or possession 

7 of the United States. 

8 SEC. 4. NATIONAL FISH HABITAT BOARD. 

9 (a) ESTABLISHMENT.— 

10 (1) IN GENERAL.—There is established a board, 

11 to be known as the ‘‘National Fish Habitat 

12 Board’’— 

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

14 implementation of this Act and the National 

15 Fish Habitat Action Plan; 

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

18 (C) to designate Partnerships; and 

19 (D) to review and make recommendations 

20 regarding fish habitat conservation projects. 

21 (2) MEMBERSHIP.—The Board shall be com22 posed of 27 members, of whom— 

23 (A) 1 shall be the Director; 

24 (B) 1 shall be the Assistant Administrator; 


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1 (C) 1 shall be the Chief of the Natural Re2 sources Conservation Service; 

3 (D) 1 shall be the Chief of the Forest 

4 Service; 

5 (E) 1 shall be the Assistant Administrator 

6 for Water of the Environmental Protection 

7 Agency; 

8 (F) 1 shall be the President of the Associa9 tion of Fish and Wildlife Agencies; 

10 (G) 1 shall be the Secretary of the Board 

11 of Directors of the National Fish and Wildlife 

12 Foundation appointed pursuant to section 

13 3(g)(2)(B) of the National Fish and Wildlife 

14 Foundation Establishment Act (16 U.S.C. 

15 3702(g)(2)(B)); 

16 (H) 4 shall be representatives of State 

17 agencies, 1 of whom shall be nominated by a re18 gional association of fish and wildlife agencies 

19 from each of the Northeast, Southeast, Mid20 west, and Western regions of the United States; 

21 (I) 1 shall be a representative of the Amer22 ican Fisheries Society; 

23 (J) 2 shall be representatives of Indian 

24 tribes, of whom— 


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1 (i) 1 shall represent Indian tribes 

2 from the State of Alaska; and 

3 (ii) 1 shall represent Indian tribes 

4 from the other States; 

5 (K) 1 shall be a representative of the Re6 gional Fishery Management Councils estab7 lished under section 302 of the Magnuson-Ste8 vens Fishery Conservation and Management 

9 Act (16 U.S.C. 1852); 

10 (L) 1 shall be a representative of the Ma11 rine Fisheries Commissions, which is composed 

12 of— 

13 (i) the Atlantic States Marine Fish14 eries Commission; 

15 (ii) the Gulf States Marine Fisheries 

16 Commission; and 

17 (iii) the Pacific States Marine Fish18 eries Commission; 

19 (M) 1 shall be a representative of the 

20 Sportfishing and Boating Partnership Council; 

21 and 

22 (N) 10 shall be representatives selected 

23 from each of the following groups: 

24 (i) The recreational sportfishing in25 dustry. 


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1 (ii) The commercial fishing industry. 

2 (iii) Marine recreational anglers. 

3 (iv) Freshwater recreational anglers. 

4 (v) Terrestrial resource conservation 

5 organizations. 

6 (vi) Aquatic resource conservation or7 ganizations. 

8 (vii) The livestock and poultry produc9 tion industry. 

10 (viii) The land development industry. 

11 (ix) The row crop industry. 

12 (x) Natural resource commodity inter13 ests, such as petroleum or mineral extrac14 tion. 

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

16 shall serve without compensation. 

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

18 Board shall be allowed travel expenses, including per 

19 diem in lieu of subsistence, at rates authorized for 

20 an employee of an agency under subchapter I of 

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

22 away from the home or regular place of business of 

23 the member in the performance of the duties of the 

24 Board. 

25 (b) APPOINTMENT AND TERMS.— 


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1 (1) IN GENERAL.—Except as otherwise pro2 vided in this subsection, a member of the Board de3 scribed in any of subparagraphs (H) through (N) of 

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

5 (2) INITIAL BOARD MEMBERSHIP.—Not later 

6 than 180 days after the date of enactment of this 

7 Act, the representatives of the board established by 

8 the National Fish Habitat Action Plan shall appoint 

9 the initial members of the Board described in sub10 paragraphs (H) through (N) of subsection (a)(2). 

11 (3) TRANSITIONAL TERMS.—Of the members 

12 described in subsection (a)(2)(N) initially appointed 

13 to the Board— 

14 (A) 4 shall be appointed for a term of 1 

15 year; 

16 (B) 4 shall be appointed for a term of 2 

17 years; and 

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

19 years. 

20 (4) VACANCIES.—A vacancy of a member of the 

21 Board described in any of subparagraphs (H) 

22 through (N) of subsection (a)(2) shall be filled by an 

23 appointment made by the remaining members of the 

24 Board. 


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1 (5) CONTINUATION OF SERVICE.—An individual 

2 whose term of service as a member of the Board ex3 pires may continue to serve on the Board until a 

4 successor is appointed. 

5 (6) REMOVAL.—If a member of the Board de6 scribed in any of subparagraphs (H) through (N) of 

7 subsection (a)(2) misses 3 consecutive regularly 

8 scheduled Board meetings, the members of the 

9 Board may— 

10 (A) vote to remove that member; and 

11 (B) appoint another individual in accord12 ance with paragraph (4). 

13 (c) CHAIRPERSON.— 

14 (1) IN GENERAL.—The Board shall elect a 

15 member of the Board to serve as Chairperson of the 

16 Board. 

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

18 serve for a term of 3 years. 

19 (d) MEETINGS.— 

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

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

22 (B) not less frequently than twice each cal23 endar year. 

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

25 Board shall be open to the public. 


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1 (e) PROCEDURES.— 

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

3 procedures to carry out the business of the Board, 

4 including— 

5 (A) a requirement that a quorum of the 

6 members of the Board be present to transact 

7 business; 

8 (B) a requirement that no recommenda9 tions may be adopted by the Board, except by 

the vote of 2 10 ⁄3 of all members present and vot11 ing; 

12 (C) procedures for establishing national 

13 goals and priorities for aquatic habitat con14 servation for the purposes of this Act; 

15 (D) procedures for designating Partner16 ships under section 5; and 

17 (E) procedures for reviewing, evaluating, 

18 and making recommendations regarding fish 

19 habitat conservation projects. 

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

21 the Board shall constitute a quorum. 

22 SEC. 5. FISH HABITAT PARTNERSHIPS. 

23 (a) AUTHORITY TO DESIGNATE.—The Board may 

24 designate Fish Habitat Partnerships in accordance with 

25 this section. 


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

2 be— 

3 (1) to coordinate the implementation of the Na4 tional Fish Habitat Action Plan at a regional level; 

5 (2) to identify strategic priorities for fish habi6 tat conservation; 

7 (3) to recommend to the Board fish habitat 

8 conservation projects that address a strategic pri9 ority of the Board; and 

10 (4) to develop and carry out fish habitat con11 servation projects. 

12 (c) APPLICATIONS.—An entity seeking to be des13 ignated as a Partnership shall submit to the Board an 

14 application at such time, in such manner, and containing 

15 such information as the Board may reasonably require. 

16 (d) APPROVAL.—The Board may approve an applica17 tion for a Partnership submitted under subsection (c) if 

18 the Board determines that the applicant— 

19 (1) includes representatives of a diverse group 

20 of public and private partners, including Federal, 

21 State, or local governments, nonprofit entities, In22 dian tribes, and private individuals, that are focused 

23 on conservation of aquatic habitats to achieve results 

24 across jurisdictional boundaries on public and pri25 vate land; 


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1 (2) is organized to promote the health of impor2 tant aquatic habitats and distinct geographical 

3 areas, keystone fish species, or system types, includ4 ing reservoirs, natural lakes, coastal and marine en5 vironments, and estuaries; 

6 (3) identifies strategic fish and aquatic habitat 

7 priorities for the Partnership area in the form of 

8 geographical focus areas or key stressors or impair9 ments to facilitate strategic planning and decision10 making; 

11 (4) is able to address issues and priorities on a 

12 nationally significant scale; 

13 (5) includes a governance structure that— 

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

15 (B) promotes joint strategic planning and 

16 decisionmaking by the applicant; 

17 (6) demonstrates completion of, or significant 

18 progress toward the development of, a strategic plan 

19 to address the causes of system decline in fish popu20 lations, rather than simply treating symptoms in ac21 cordance with the National Fish Habitat Action 

22 Plan; and 

23 (7) ensures collaboration in developing a stra24 tegic vision and implementation program that is sci25 entifically sound and achievable. 


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1 SEC. 6. FISH HABITAT CONSERVATION PROJECTS. 

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

3 31 of each calendar year, each Partnership shall submit 

4 to the Board a list of fish habitat conservation projects 

5 recommended by the Partnership for annual funding 

6 under this Act. 

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

8 July 1 of each calendar year, the Board shall submit to 

9 the Secretary a description, including estimated costs, of 

10 each fish habitat conservation project that the Board rec11 ommends that the Secretary approve and fund under this 

12 Act, in order of priority, for the following fiscal year. 

13 (c) CONSIDERATIONS.—The Board shall select each 

14 fish habitat conservation project to be recommended to the 

15 Secretary under subsection (b)— 

16 (1) based on a recommendation of the Partner17 ship that is, or will be, participating actively in car18 rying out the fish habitat conservation project; and 

19 (2) after taking into consideration— 

20 (A) the extent to which the fish habitat 

21 conservation project fulfills a purpose of this 

22 Act or a goal of the National Fish Habitat Ac23 tion Plan; 

24 (B) the extent to which the fish habitat 

25 conservation project addresses the national pri26 orities established by the Board; 


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1 (C) the availability of sufficient non-Fed2 eral funds to match Federal contributions for 

3 the fish habitat conservation project, as re4 quired by subsection (e); 

5 (D) the extent to which the fish habitat 

6 conservation project— 

7 (i) increases fishing opportunities for 

8 the public; 

9 (ii) will be carried out through a coop10 erative agreement among Federal, State, 

11 and local governments, Indian tribes, and 

12 private entities; 

13 (iii) increases public access to land or 

14 water; 

15 (iv) advances the conservation of fish 

16 and wildlife species that are listed, or are 

17 candidates to be listed, as threatened spe18 cies or endangered species under the En19 dangered Species Act of 1973 (16 U.S.C. 

20 1531 et seq.); 

21 (v) where appropriate, advances the 

22 conservation of fish and fish habitats 

23 under the Magnuson-Stevens Act (16 

24 U.S.C. 1801 et seq.) and other relevant 


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1 Federal law and State wildlife action plans; 

2 and 

3 (vi) promotes resilience such that de4 sired biological communities are able to 

5 persist and adapt to environmental 

6 stressors such as climate change; and 

7 (E) the substantiality of the character and 

8 design of the fish habitat conservation project. 

9 (d) LIMITATIONS.— 

10 (1) REQUIREMENTS FOR EVALUATION.—No 

11 fish habitat conservation project may be rec12 ommended by the Board under subsection (b) or 

13 provided financial assistance under this Act unless 

14 the fish habitat conservation project includes an 

15 evaluation plan designed— 

16 (A) to appropriately assess the biological, 

17 ecological, or other results of the habitat protec18 tion, restoration, or enhancement activities car19 ried out using the assistance; 

20 (B) to reflect appropriate changes to the 

21 fish habitat conservation project if the assess22 ment substantiates that the fish habitat con23 servation project objectives are not being met; 

24 and 


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1 (C) to require the submission to the Board 

2 of a report describing the findings of the assess3 ment. 

4 (2) ACQUISITION OF REAL PROPERTY INTER5 ESTS.— 

6 (A) IN GENERAL.—No fish habitat con7 servation project that will result in the acquisi8 tion by the Secretary, in whole or in part, of 

9 any real property interest may be recommended 

10 by the Board under subsection (b) or provided 

11 financial assistance under this Act unless the 

12 project meets the requirements of subparagraph 

13 (B). 

14 (B) REQUIREMENTS.— 

15 (i) IN GENERAL.—A real property in16 terest acquired by the Secretary pursuant 

17 to a fish habitat conservation project may 

18 not be conveyed to a State, public agency, 

19 or other entity unless— 

20 (I) the Secretary determines that 

21 the State, agency, or other entity is 

22 obligated to undertake the manage23 ment of the property being conveyed 

24 in accordance with the purposes of 

25 this Act; and 


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1 (II) the deed or other instrument 

2 of transfer contains provisions for the 

3 reversion to the United States of title 

4 to the property if the State, agency, 

5 or other entity fails to manage the 

6 property in accordance with the pur7 poses of this Act. 

8 (ii) ADDITIONAL CONVEYANCE CONDI9 TIONS.—Any real property interest ac10 quired by the Secretary pursuant to a fish 

11 habitat conservation project that is con12 veyed under clause (i) shall be subject to 

13 terms and conditions that ensure that the 

14 interest will be administered for the long15 term conservation and management of the 

16 aquatic ecosystem and the fish and wildlife 

17 dependent on that ecosystem. 

18 (e) NON-FEDERAL CONTRIBUTIONS.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), no fish habitat conservation project may 

21 be recommended by the Board under subsection (b) 

22 or provided financial assistance under this Act un23 less at least 50 percent of the cost of the fish habi24 tat conservation project will be funded with non25 Federal funds. 


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1 (2) PROJECTS ON FEDERAL LAND OR WATER.— 

2 Notwithstanding paragraph (1), Federal funds may 

3 be used for payment of 100 percent of the costs of 

4 a fish habitat conservation project located on Fed5 eral land or water, including the acquisition of 

6 inholdings within such land or water. 

7 (3) NON-FEDERAL SHARE.—The non-Federal 

8 share of the cost of a fish habitat conservation 

9 project— 

10 (A) may not be derived from a Federal 

11 grant program; but 

12 (B) may include in-kind contributions and 

13 cash. 

14 (4) SPECIAL RULE FOR INDIAN TRIBES.—Not15 withstanding paragraph (1) or any other provision of 

16 law, any funds made available to an Indian tribe 

17 pursuant to this Act may be considered to be non18 Federal funds for the purpose of paragraph (1). 

19 (f) CONSIDERATION BY SECRETARY.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of receipt of the recommendations of 

22 the Board for fish habitat conservation projects 

23 under subsection (b), the Secretary shall approve, 

24 reject, or reorder the priority of each such recVerDate Nov 24 2008 03:06 Jun 10, 2009 Jkt 079200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1214.IS S1214

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1 ommendation based on, to the maximum extent 

2 practicable, the criteria described in subsection (c). 

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

4 habitat conservation project under paragraph (1), 

5 the Secretary shall use amounts made available to 

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

7 fish habitat conservation project. 

8 (3) NOTIFICATION BY SECRETARY.—If the Sec9 retary rejects or reorders the priority of any fish 

10 habitat conservation project recommended by the 

11 Board under subsection (b), the Secretary shall pro12 vide to the Board and the appropriate Partnership 

13 a written statement of the reasons that the Sec14 retary rejected or modified the priority of the fish 

15 habitat conservation project. 

16 SEC. 7. NATIONAL FISH HABITAT CONSERVATION PART17 NERSHIP OFFICE. 

18 (a) ESTABLISHMENT.—Not later than 1 year after 

19 the date of enactment of this Act, the Director shall estab20 lish an office, to be known as the ‘‘National Fish Habitat 

21 Conservation Partnership Office’’, within the United 

22 States Fish and Wildlife Service. 

23 (b) FUNCTIONS.—The National Fish Habitat Con24 servation Partnership Office shall— 


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1 (1) provide funding for the operational needs of 

2 the Partnerships, including funding for activities 

3 such as planning, project development and imple4 mentation, coordination, monitoring, evaluation, 

5 communication, and outreach; 

6 (2) provide funding to support the detail of 

7 State and tribal fish and wildlife staff to the Office; 

8 (3) facilitate the cooperative development and 

9 approval of Partnerships; 

10 (4) assist the Secretary and the Board in car11 rying out this Act; 

12 (5) assist the Secretary in carrying out the re13 quirements of sections 8 and 10; 

14 (6) facilitate communication, cohesiveness, and 

15 efficient operations for the benefit of Partnerships 

16 and the Board; 

17 (7) facilitate, with assistance from the Director, 

18 the Assistant Administrator, and the President of 

19 the Association of Fish and Wildlife Agencies, the 

20 consideration of fish habitat conservation projects by 

21 the Board; 

22 (8) provide support to the Director regarding 

23 the development and implementation of the inter24 agency operational plan under subsection (c); 


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1 (9) coordinate technical and scientific reporting 

2 as required by section 11; 

3 (10) facilitate the efficient use of resources and 

4 activities of Federal departments and agencies to 

5 carry out this Act in an efficient manner; and 

6 (11) provide support to the Board for national 

7 communication and outreach efforts that promote 

8 public awareness of fish habitat conservation. 

9 (c) INTERAGENCY OPERATIONAL PLAN.—Not later 

10 than 1 year after the date of enactment of this Act, and 

11 every 5 years thereafter, the Director, in cooperation with 

12 the Assistant Administrator and the heads of other appro13 priate Federal departments and agencies, shall develop an 

14 interagency operational plan for the National Fish Habi15 tat Conservation Partnership Office that describes— 

16 (1) the functional, operational, technical, sci17 entific, and general staff, administrative, and mate18 rial needs of the Office; and 

19 (2) any interagency agreements between or 

20 among Federal departments and agencies to address 

21 those needs. 

22 (d) STAFF AND SUPPORT.— 

23 (1) DEPARTMENTS OF INTERIOR AND COM24 MERCE.—The Director and the Assistant Adminis25 trator shall each provide appropriate staff to support 


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1 the National Fish Habitat Conservation Partnership 

2 Office, subject to the availability of funds under sec3 tion 15. 

4 (2) STATES AND INDIAN TRIBES.—Each State 

5 and Indian tribe is encouraged to provide staff to 

6 support the National Fish Habitat Conservation 

7 Partnership Office. 

8 (3) DETAILEES AND CONTRACTORS.—The Na9 tional Fish Habitat Conservation Partnership Office 

10 may accept staff or other administrative support 

11 from other entities— 

12 (A) through interagency details; or 

13 (B) as contractors. 

14 (4) QUALIFICATIONS.—The staff of the Na15 tional Fish Habitat Conservation Partnership Office 

16 shall include members with education and experience 

17 relating to the principles of fish, wildlife, and aquat18 ic habitat conservation. 

19 (5) WAIVER OF REQUIREMENT.—The Secretary 

20 may waive all or part of the non-Federal contribu21 tion requirement under section 6(e)(1) if the Sec22 retary determines that— 

23 (A) no reasonable means are available 

24 through which the affected applicant can meet 

25 the requirement; and 


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1 (B) the probable benefit of the relevant 

2 fish habitat conservation project outweighs the 

3 public interest in meeting the requirement. 

4 (e) REPORTS.—Not less frequently than once each 

5 year, the Director shall provide to the Board a report de6 scribing the activities of the National Fish Habitat Con7 servation Partnership Office. 

8 SEC. 8. TECHNICAL AND SCIENTIFIC ASSISTANCE. 

9 The Director, the Assistant Administrator, and the 

10 Director of the United States Geological Survey, in coordi11 nation with the Forest Service and other appropriate Fed12 eral departments and agencies, shall provide scientific and 

13 technical assistance to the Partnerships, participants in 

14 fish habitat conservation projects, and the Board, includ15 ing by— 

16 (1) providing technical and scientific assistance 

17 to States, Indian tribes, regions, local communities, 

18 and nongovernmental organizations in the develop19 ment and implementation of Partnerships; 

20 (2) providing technical and scientific assistance 

21 to Partnerships for habitat assessment, strategic 

22 planning, and prioritization; 

23 (3) supporting the development and implemen24 tation of fish habitat conservation projects that are 


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1 identified as high priorities by Partnerships and the 

2 Board; 

3 (4) supporting and providing recommendations 

4 regarding the development of science-based moni5 toring and assessment approaches for implementa6 tion through Partnerships; 

7 (5) supporting and providing recommendations 

8 for a national fish habitat assessment; and 

9 (6) ensuring the availability of experts to con10 duct scientifically based evaluation and reporting of 

11 the results of fish habitat conservation projects. 

12 SEC. 9. CONSERVATION OF AQUATIC HABITAT FOR FISH 

13 AND OTHER AQUATIC ORGANISMS ON FED14 ERAL LAND. 

15 To the extent consistent with the mission and author16 ity of the applicable department or agency, the head of 

17 each Federal department and agency responsible for ac18 quiring, managing, or disposing of Federal land or water 

19 shall cooperate with the Assistant Administrator and the 

20 Director to conserve the aquatic habitats for fish and 

21 other aquatic organisms within the land and water of the 

22 department or agency. 

23 SEC. 10. COORDINATION WITH STATES AND INDIAN TRIBES. 

24 The Secretary shall provide a notice to, and coordi25 nate with, the appropriate State agency or tribal agency, 


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1 as applicable, of each State and Indian tribe within the 

2 boundaries of which an activity is planned to be carried 

3 out pursuant to this Act by not later than 30 days before 

4 the date on which the activity is implemented. 

5 SEC. 11. ACCOUNTABILITY AND REPORTING. 

6 (a) IMPLEMENTATION REPORTS.— 

7 (1) IN GENERAL.—Not later than 2 years after 

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

9 thereafter, the Board shall submit to the appropriate 

10 congressional committees a report describing the im11 plementation of— 

12 (A) this Act; and 

13 (B) the National Fish Habitat Action 

14 Plan. 

15 (2) CONTENTS.—Each report submitted under 

16 paragraph (1) shall include— 

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

18 stream miles, or acre-feet (or other suitable 

19 measure) of aquatic habitat that was protected, 

20 restored, or enhanced under the National Fish 

21 Habitat Action Plan by Federal, State, or local 

22 governments, Indian tribes, or other entities in 

23 the United States during the 2-year period end24 ing on the date of submission of the report; 


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1 (B) a description of the public access to 

2 aquatic habitats protected, restored, or estab3 lished under the National Fish Habitat Action 

4 Plan during that 2-year period; 

5 (C) a description of the opportunities for 

6 public fishing established under the National 

7 Fish Habitat Action Plan during that period; 

8 and 

9 (D) an assessment of the status of fish 

10 habitat conservation projects carried out with 

11 funds provided under this Act during that pe12 riod, disaggregated by year, including— 

13 (i) a description of the fish habitat 

14 conservation projects recommended by the 

15 Board under section 6(b); 

16 (ii) a description of each fish habitat 

17 conservation project approved by the Sec18 retary under section 6(f), in order of pri19 ority for funding; 

20 (iii) a justification for— 

21 (I) the approval of each fish 

22 habitat conservation project; and 

23 (II) the order of priority for 

24 funding of each fish habitat conserva25 tion project; 


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1 (iv) a justification for any rejection or 

2 reordering of the priority of each fish habi3 tat conservation project recommended by 

4 the Board under section 6(b) that was 

5 based on a factor other than the criteria 

6 described in section 6(c); and 

7 (v) an accounting of expenditures by 

8 Federal, State, or local governments, In9 dian tribes, or other entities to carry out 

10 fish habitat conservation projects. 

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

12 December 31, 2010, and every 5 years thereafter, the 

13 Board shall submit to the appropriate congressional com14 mittees a report describing the status of aquatic habitats 

15 in the United States. 

16 (c) REVISIONS.—Not later than December 31, 2011, 

17 and every 5 years thereafter, the Board shall revise the 

18 goals and other elements of the National Fish Habitat Ac19 tion Plan, after consideration of each report required by 

20 subsection (b). 

21 SEC. 12. REGULATIONS. 

22 The Secretary may promulgate such regulations as 

23 the Secretary determines to be necessary to carry out this 

24 Act. 


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1 SEC. 13. EFFECT OF ACT. 

2 (a) WATER RIGHTS.— 

3 (1) IN GENERAL.—Nothing in this Act— 

4 (A) establishes any express or implied re5 served water right in the United States for any 

6 purpose; 

7 (B) affects any water right in existence on 

8 the date of enactment of this Act; or 

9 (C) affects any Federal or State law in ex10 istence on the date of enactment of the Act re11 garding water quality or water quantity. 

12 (2) AUTHORITY TO ACQUIRE WATER RIGHTS.— 

13 The Secretary may acquire, under State law, such 

14 water rights as the Secretary determines to be nec15 essary to carry out this Act. 

16 (b) STATE AUTHORITY.—Nothing in this Act— 

17 (1) affects the authority, jurisdiction, or respon18 sibility of a State to manage, control, or regulate 

19 fish and wildlife under the laws and regulations of 

20 the State; or 

21 (2) authorizes the Secretary to control or regu22 late within a State the fishing or hunting of fish and 

23 wildlife. 

24 (c) EFFECT ON INDIAN TRIBES.—Nothing in this 

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


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1 alters any right of an Indian tribe recognized by treaty 

2 or any other means, including— 

3 (1) an agreement between the Indian tribe and 

4 the United States; 

5 (2) Federal law (including regulations); 

6 (3) an Executive order; or 

7 (4) a judicial decree. 

8 (d) ADJUDICATION OF WATER RIGHTS.—Nothing in 

9 this Act diminishes or affects the ability of the Secretary 

10 to join an adjudication of rights to the use of water pursu11 ant to subsection (a), (b), or (c) of section 208 of the De12 partment of Justice Appropriation Act, 1953 (43 U.S.C. 

13 666). 

14 (e) EFFECT ON OTHER AUTHORITIES.— 

15 (1) ACQUISITION OF LAND AND WATER.—Noth16 ing in this Act alters or otherwise affects the au17 thorities, responsibilities, obligations, or powers of 

18 the Secretary to acquire land, water, or an interest 

19 in land or water under any other provision of law. 

20 (2) PRIVATE PROPERTY PROTECTION.—Nothing 

21 in this Act permits the use of funds made available 

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

23 real property interest without the written consent of 

24 each owner of the real property or real property in25 terest. 


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1 (3) MITIGATION.—Nothing in this Act permits 

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

3 for fish and wildlife mitigation purposes under— 

4 (A) the Federal Water Pollution Control 

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

6 (B) the Fish and Wildlife Coordination Act 

7 (16 U.S.C. 661 et seq.); 

8 (C) the Water Resources Development Act 

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

10 or 

11 (D) any other Federal law or court settle12 ment. 

13 SEC. 14. NONAPPLICABILITY OF FEDERAL ADVISORY COM14 MITTEE ACT. 

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

16 shall not apply to— 

17 (1) the Board; or 

18 (2) any Partnership. 

19 SEC. 15. FUNDING. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.— 

21 (1) FISH HABITAT CONSERVATION PROJECTS.— 

22 There is authorized to be appropriated to the Sec23 retary $75,000,000 for each of fiscal years 2010 

24 through 2014 to provide funds for fish habitat con25 servation projects approved under section 6(f), of 


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1 which 5 percent shall be made available for each fis2 cal year for projects carried out by Indian tribes. 

3 (2) NATIONAL FISH HABITAT CONSERVATION

4 PARTNERSHIP OFFICE.— 

5 (A) IN GENERAL.—There is authorized to 

6 be appropriated to the Secretary for each of fis7 cal years 2010 through 2014 for the National 

8 Fish Habitat Conservation Partnership Office, 

9 and to carry out section 11, an amount equal 

10 to the greater of— 

11 (i) $3,000,000; and 

12 (ii) 25 percent of the amount appro13 priated for the applicable fiscal year pursu14 ant to paragraph (1). 

15 (B) REQUIRED TRANSFERS.—The Sec16 retary shall transfer such percentage of the 

17 amounts made available pursuant to subpara18 graph (A) as is required under section 7 to sup19 port participation by other Federal departments 

20 and agencies in the National Fish Habitat Con21 servation Partnership Office. 

22 (3) TECHNICAL AND SCIENTIFIC ASSISTANCE.— 

23 There are authorized to be appropriated for each of 

24 fiscal years 2010 through 2014 to carry out, and 


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1 provide technical and scientific assistance under, sec2 tion 8— 

3 (A) $10,000,000 to the Secretary for use 

4 by the United States Fish and Wildlife Service; 

5 (B) $10,000,000 to the Assistant Adminis6 trator for use by the National Oceanic and At7 mospheric Administration; and 

8 (C) $10,000,000 to the Secretary for use 

9 by the United States Geological Survey. 

10 (4) PLANNING AND ADMINISTRATIVE EX11 PENSES.—There is authorized to be appropriated to 

12 the Secretary for each of fiscal years 2010 through 

13 2014 for use by the Board, the Director, and the 

14 Assistant Administrator for planning and adminis15 trative expenses an amount equal to the greater of— 

16 (A) $300,000; and 

17 (B) 4 percent of the amount appropriated 

18 for the applicable fiscal year pursuant to para19 graph (1). 

20 (5) AVAILABILITY OF FUNDS.—Funds made 

21 available under this subsection shall remain available 

22 until expended. 

23 (b) AGREEMENTS AND GRANTS.—The Secretary 

24 may— 


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

2 notwithstanding sections 6304 and 6305 of title 31, 

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

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

6 a grant agreement, cooperative agreement, or con7 tract with a Partnership or other entity for a fish 

8 habitat conservation project or restoration or en9 hancement project; 

10 (2) apply for, accept, and use a grant from any 

11 individual or entity to carry out the purposes of this 

12 Act; and 

13 (3) make funds available to any Federal depart14 ment or agency for use by that department or agen15 cy to provide grants for any fish habitat protection 

16 project, restoration project, or enhancement project 

17 that the Secretary determines to be consistent with 

18 this Act. 

19 (c) DONATIONS.— 

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

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

23 Internal Revenue Code of 1986 that is exempt 

24 from taxation under section 501(a) of that 


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1 Code to solicit private donations to carry out 

2 the purposes of this Act; and 

3 (B) accept donations of funds, property, 

4 and services to carry out the purposes of this 

5 Act. 

6 (2) TREATMENT.—A donation accepted under 

7 this section— 

8 (A) shall be considered to be a gift or be9 quest to, or otherwise for the use of, the United 

10 States; and 

11 (B) may be— 

12 (i) used directly by the Secretary; or 

13 (ii) provided to another Federal de14 partment or agency through an inter15 agency agreement. 

Æ 


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