I 

117TH CONGRESS 

2D SESSION H. R. 6491 

To require the identification of salmon conservation areas and salmon 

strongholds, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 25, 2022 

Mr. HUFFMAN (for himself, Ms. BONAMICI, Mr. CLEAVER, Mr. THOMPSON of 

California, and Mr. LOWENTHAL) introduced the following bill; which was 

referred to the Committee on Natural Resources, and in addition to the 

Committees on Agriculture, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To require the identification of salmon conservation areas 

and salmon strongholds, 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. 

4 This Act may be cited as the ‘‘Salmon Focused In5 vestments in Sustainable Habitats Act’’ or the ‘‘Salmon 

6 FISH Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 


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1 (1) Pacific and Atlantic salmon are important 

2 for food, culture, ecology, and the economy. 

3 (2) Salmon are especially important to Indian 

4 tribes, many of which consider salmon to be sacred 

5 and central to their culture, ceremonies, and subsist6 ence. 

7 (3) Such Indian tribes have significant leader8 ship and expertise with respect to salmon. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

12 has the meaning given the term in section 4(e) of 

13 the Indian Self-Determination and Education Assist14 ance Act (25 U.S.C. 5304(e)). 

15 (2) SALMON.—The term ‘‘salmon’’ means any 

16 of the wild anadromous Oncorhynchus species that 

17 occur in the Western United States, including— 

18 (A) Atlantic salmon (Salmo salar); 

19 (B) chum salmon (Oncorhynchus keta); 

20 (C) pink salmon (Oncorhynchus 

21 gorbuscha); 

22 (D) sockeye salmon (Oncorhynchus nerka); 

23 (E) chinook salmon (Oncorhynchus 

24 tshawytscha); 


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1 (F) coho salmon (Oncorhynchus kisutch); 

2 and 

3 (G) steelhead trout (Oncorhynchus 

4 mykiss). 

5 (3) SALMON CONSERVATION AREA.—The term 

6 ‘‘salmon conservation area’’ means a watershed, a 

7 portion of a watershed, mutliple watersheds, or other 

8 defined spatial unit that— 

9 (A) is identified as a salmon conservation 

10 area under section 4(b); 

11 (B) at the time of the identification de12 scribed in subparagraph (A), meets the biologi13 cal criteria (as identified by the Administrator 

14 of the National Oceanic and Atmospheric Ad15 ministration and the Director of the Fish and 

16 Wildlife Service in coordination with the rel17 evant Federal agency with jurisdiction over 

18 such salmon conservation area) for abundance, 

19 productivity, diversity (genetic and life history), 

20 habitat quality, or other biological attributes 

21 important to sustaining viable populations of 

22 salmon throughout the range of such salmon; 

23 and 

24 (C) is regionally significant for the con25 servation of salmon. 


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1 (4) SALMON STRONGHOLD.—The term ‘‘salmon 

2 stronghold’’ means a salmon conservation area 

3 that— 

4 (A) is identified as a salmon conservation 

5 area under section 4(b); and 

6 (B) at the time of the identification de7 scribed in subparagraph (A), has— 

8 (i) relatively high anadromous 

9 salmonid abundance, productivity, and di10 versity (life history and run timing), as 

11 well as habitat quality or other biological 

12 attributes important to sustaining viable 

13 populations of wild salmon throughout the 

14 range of such salmon; 

15 (ii) populations of salmon that are 

16 strong and diverse; and 

17 (iii) salmon habitats that have a high 

18 intrinsic potential to support a particular 

19 species or suite of species. 

20 (5) RELEVANT FEDERAL AGENY.—The term 

21 ‘‘relevant Federal agency’’ means— 

22 (A) the Forest Service; 

23 (B) the Bureau of Land Management; 

24 (C) the National Park Service; and 

25 (D) the Bureau of Indian Affairs. 


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1 SEC. 4. IDENTIFICATION OF SALMON CONSERVATION 

2 AREAS AND SALMON STRONGHOLDS. 

3 (a) GUIDANCE.—Not later than 120 days after the 

4 date of the enactment of this Act, the Administrator of 

5 the National Oceanic and Atmospheric Administration 

6 and the Director of the Fish and Wildlife Service shall 

7 jointly issue guidance on the process and biological criteria 

8 required to identify salmon conservation areas and salmon 

9 strongholds. 

10 (b) PUBLICATION.— 

11 (1) IN GENERAL.—Not later than 1 year after 

12 the date of the enactment of this Act, the Adminis13 trator of the National Oceanic and Atmospheric Ad14 ministration and the Director of the Fish and Wild15 life Service, in cooperation with relevant Federal 

16 agencies shall publish a list of salmon conservation 

17 areas and salmon strongholds. 

18 (2) REVISION.—The Administrator of the Na19 tional Oceanic and Atmospheric Administration and 

20 the Director of the Fish and Wildlife Service, in co21 operation with each relevant Federal agency shall 

22 not less frequently than once every 5 years after the 

23 date of the enactment of this Act, revise the list 

24 under paragraph (1)— 


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1 (A) to add subsequently identified salmon 

2 conservation areas and salmon strongholds in 

3 accordance with subsection (d); and 

4 (B) to remove from such list any areas 

5 that no longer qualify as salmon conservation 

6 areas or salmon strongholds. 

7 (c) CONSULTATION.—In identifying salmon conserva8 tion areas and salmon strongholds under subsection (b), 

9 the Administrator of the National Oceanic and Atmos10 pheric Administration and the Director of the Fish and 

11 Wildlife Service, in cooperation with each relevant Federal 

12 agency— 

13 (1) shall consult with— 

14 (A) the State in which such a salmon con15 servation area or salmon stronghold under con16 sideration are located; and 

17 (B) Indian tribes that have land, fishing 

18 rights, or cultural ties to the area in which the 

19 salmon conservation area or salmon strongholds 

20 will be prospectively located; and 

21 (2) may consult with— 

22 (A) nongovernmental organizations; 

23 (B) non-Federal scientists; and 

24 (C) members of the public. 

25 (d) SUBSEQUENT IDENTIFICATION AND REVISION.— 


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

2 the date described in subsection (b)(1), an entity de3 scribed in paragraph (1) or paragraph (2) subsection 

4 (c) may nominate to the Administrator of the Na5 tional Oceanic and Atmospheric Administration and 

6 the Director of the Fish and Wildlife Service a salm7 on conservation area or salmon stronghold for iden8 tification under subsection (b). 

9 (2) REVIEW.—In the case of a nomination de10 scribed in paragraph (1), not later than 180 days 

11 after receiving such nomination, the Administrator 

12 of the National Oceanic and Atmospheric Adminis13 tration and the Director of the Fish and Wildlife 

14 Service shall jointly determine if the nominated wa15 tershed is a salmon conservation area or salmon 

16 stronghold and provide to the entity that provided 

17 the nomination under paragraph (1) a written expla18 nation with respect to such determination. 

19 (e) WATERSHED MANAGEMENT AND RESTORATION

20 IDENTIFICATION.—The Administrator of the National 

21 Oceanic and Atmospheric Administration and the Director 

22 of the Fish and Wildlife Service, in cooperation with the 

23 Secretary of Agriculture shall use watershed evaluations 

24 conducted under the Watershed Condition Framework 

25 under section 304 of the Healthy Forests Restoration Act 


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1 of 2003 (16 U.S.C. 6543) and other relevant watershed 

2 analyses to support the identification of salmon conserva3 tion areas and salmon strongholds under this section. 

4 (f) ESSENTIAL FISH HABITAT.—The Administrator 

5 of the National Oceanic and Atmospheric Administration 

6 and the Director of the Fish and Wildlife Service shall 

7 use the analyses conducted by the Administrator under 

8 section 305(b) of the Magnuson-Stevens Fishery Con9 servation and Management Act (16 U.S.C. 1855(b)) to 

10 identify, map, and designate essential fish habitat to sup11 port the identification of salmon conservation areas and 

12 salmon strongholds under this section. 

13 SEC. 5. EFFECT OF IDENTIFICATION. 

14 (a) PRIORITY FOR FOREST ROAD DECOMMIS15 SIONING.—The Secretary of Agriculture— 

16 (1) shall give priority to forest road decommis17 sioning (as defined in section 212.1 of title 36, Code 

18 of Federal Regulations) and fish passage projects 

19 within or directly affecting a salmon conservation 

20 area or salmon stronghold; and 

21 (2) may not carry out the forest road decom22 missioning or fish passage projects described in 

23 paragraph (1) unless the Secretary of Agriculture 

24 has, with respect to ensuring that the habitats of 


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1 salmon conservation areas and salmon strongholds 

2 are not degraded, consulted with the— 

3 (A) entities described in paragraphs (1) 

4 and (2) of section 4(c); 

5 (B) Administrator of the National Oceanic 

6 and Atmospheric Administration, acting 

7 through the Administrator of the National Ma8 rine Fisheries Service; and 

9 (C) Director of the Fish and Wildlife Serv10 ice; 

11 (b) TRANSBOUNDARY POLLUTION.— 

12 (1) NOTIFICATION OF SECRETARY OF STATE.— 

13 If any salmon conservation area or salmon strong14 hold is determined by a Federal agency to be nega15 tively impacted by transboundary pollution or other 

16 international actions originating in Canada, the head 

17 of the Federal agency shall notify the Secretary of 

18 State. 

19 (2) ACTION REQUIRED.—Not later than 30 

20 days after receiving a notification under paragraph 

21 (1), the Secretary of State shall consult with rep22 resentatives from Canada to resolve the issue for 

23 which the Secretary of State was notified under such 

24 paragraph. 


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1 (3) REFERRAL TO INTERNATIONAL JOINT COM2 MISSION.—If the issue for which the Secretary of 

3 State was notified under paragraph (1) is not re4 solved on a date that is 6 months after the date of 

5 notification under such paragraph— 

6 (A) the Secretary of State shall request to 

7 submit a joint referral to the International 

8 Joint Commission with Canada to research and 

9 provide recommendations to resolve such issue; 

10 and 

11 (B) if a joint referral under subparagraph 

12 (A) is not submitted, the Secretary of State 

13 shall refer such issue to the International Joint 

14 Commission. 

15 SEC. 6. WATERSHED MANAGEMENT AND RESTORATION 

16 PROGRAM. 

17 Section 304 of the Healthy Forests Restoration Act 

18 of 2003 (16 U.S.C. 6543) is amended by adding at the 

19 end the following: 

20 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

21 ‘‘(1) IN GENERAL.—There is authorized to be 

22 appropriated to carry out this section and the pur23 pose described in paragraph (2), $40,000,000 for 

24 fiscal year 2023 and each of the 4 fiscal years there25 after. 


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1 ‘‘(2) PRESERVE SALMON HABITAT WATER2 SHEDS.—The Secretary shall use a portion of the 

3 funds appropriated pursuant to paragraph (1) to 

4 provide funds to programs that preserve watersheds 

5 that are salmon habitats. 

6 ‘‘(3) ADDITIONAL WATERSHED PERMISSIBLE.— 

7 Notwithstanding any other provision of this section, 

8 the Secretary may use funds appropriated under this 

9 subsection to identify additional priority watersheds 

10 in each National Forest if such watersheds, or por11 tions of, are determined by the Secretary to be salm12 on conservation areas or salmon strongholds (as 

13 such terms are defined in section 3 of the Salmon 

14 FISH Act).’’. 

15 SEC. 7. GRANT PROGRAM. 

16 (a) AUTHORIZATION.— 

17 (1) IN GENERAL.—The Director of the Fish 

18 and Wildlife Service shall, in collaboration with the 

19 Administrator of the National Oceanic and Atmos20 pheric Administration, carry out a grant program, to 

21 be known as the ‘‘Salmon Conservation Area Grant 

22 Program’’, to make grants to carry out the purposes 

23 described in subsection (b). 

24 (2) DURATION.—A grant under this section 

25 shall have a duration of not more than 5 years. 


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1 (3) PRIORITY.—In making grants under this 

2 section, the administrator of the grant program shall 

3 give priority to an eligible entity that demonstrates 

4 that the eligible entity— 

5 (A) will carry out a project under this sec6 tion on a salmon stronghold; 

7 (B) has considered the durability of the 

8 project and how the project contributes to the 

9 long-term conservation of salmon; 

10 (C) has coordinated with other stake11 holders to carry out the project; and 

12 (D) has considered how the project will 

13 work with other salmon restoration projects. 

14 (4) MATCHING REQUIREMENT.— 

15 (A) IN GENERAL.—Except as provided in 

16 subparagraph (B), each eligible entity that re17 ceives a grant under this section shall provide, 

18 in cash or through in-kind contributions from 

19 non-Federal sources, matching funds to carry 

20 out the activities funded by the grant in an 

21 amount equal to not less than 25 percent of the 

22 cost of the activities. 

23 (B) EXCEPTIONS.— 


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1 (i) INDIAN TRIBES.—Subparagraph 

2 (A) shall not apply to an eligible entity 

3 that is an Indian Tribe. 

4 (ii) DISCRETIONARY EXCEPTIONS.— 

5 The administrator of the grant program 

6 under this section may reduce or waive the 

7 matching requirement under subparagraph 

8 (A) if— 

9 (I) an eligible entity submits a 

10 written request to the administrator 

11 for a waiver with a justification as to 

12 why the eligible entity cannot meet 

13 the matching requirement; and 

14 (II) the administrator determines 

15 such justification is sufficient to waive 

16 such requirement. 

17 (5) ADMINISTRATION.— 

18 (A) IN GENERAL.—The Director of the 

19 Fish and Wildlife Service may enter into an 

20 agreement to administer the grant program 

21 with the National Fish and Wildlife Foundation 

22 or a similar organization that offers grant ad23 ministration services. 

24 (B) FUNDING.—If the Director of the Fish 

25 and Wildlife Service enters into an agreement 


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1 under subparagraph (A), the organization se2 lected shall— 

3 (i) for each fiscal year, receive 

4 amounts made available to carry out this 

5 section in an advance payment of the en6 tire amounts on October 1 of that fiscal 

7 year, or as soon as practicable thereafter; 

8 (ii) invest and reinvest those amounts 

9 for the benefit of the grant program; and 

10 (iii) otherwise administer the grant 

11 program to support partnerships between 

12 the public and private sectors in accord13 ance with this Act. 

14 (C) REQUIREMENTS.—If the Secretary en15 ters into an agreement with the Foundation 

16 under subparagraph (A), any amounts received 

17 by the Foundation under this section shall be 

18 subject to the National Fish and Wildlife Foun19 dation Establishment Act (16 U.S.C. 3701 et 

20 seq.), excluding section 10(a) of that Act (16 

21 U.S.C. 3709(a)). 

22 (b) PURPOSES.—The purposes of the grants under 

23 this section are— 

24 (1) to protect or maintain salmon conservation 

25 area or salmon stronghold features and projects that 


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1 are focused on conservation and restoration within 

2 salmon conservation areas or salmon stronghold; and 

3 (2) to carry out at least one of the following: 

4 (A) To address factors threatening to limit 

5 abundance, productivity, diversity, habitat qual6 ity, or other biological attributes important to 

7 sustaining viable salmon populations. 

8 (B) To restore or maintain ecological func9 tions and processes related to salmon produc10 tivity and diversity at watershed or subwater11 shed scales. 

12 (C) To improve the resilience of salmon 

13 populations in response to acute events such as 

14 fires, landslides, and earthquakes. 

15 (D) To improve the resilience of salmon 

16 populations to climate change and prepare pop17 ulations for other future changes. 

18 (E) To provide co-benefits to fish and wild19 life, in particular where salmon can be used as 

20 indicator species for habitat quality. 

21 (F) To implement focused, prioritized pro22 tection and restoration in watersheds. 

23 (G) To improve conservation area or salm24 on stronghold resilience both downstream and 

25 upstream. 


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1 (c) APPLICATIONS.—To be eligible to receive a grant 

2 under this section, an eligible entity shall submit an appli3 cation to the administrator of the grant program at such 

4 time, in such manner, and containing such information as 

5 such administrator may require. 

6 (d) USE OF FUNDS.— 

7 (1) IN GENERAL.—An eligible entity that re8 ceives a grant under this section shall use the grant 

9 funds to carry out activities consistent with the pur10 poses described in subsection (b), which include— 

11 (A) subject to subsection (e), land acquisi12 tion, conservation easements, and land ex13 changes; 

14 (B) purchasing mining rights; 

15 (C) the improvement of fish passages and 

16 removal of fish passage barriers and dams; 

17 (D) habitat restoration and rehabilitation; 

18 (E) outreach and local engagement; 

19 (F) purchasing water rights related to 

20 leasing, consumption, and use; 

21 (G) groundwater recharge projects (includ22 ing ponds and forbearance); 

23 (H) water efficiency projects; 


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1 (I) regional planning or development of a 

2 focused, prioritized protection and restoration 

3 action plan for the watershed; or 

4 (J) monitoring and research, including 

5 monitoring the status of salmon populations in 

6 watersheds within conservation areas before and 

7 after the removal of a dam. 

8 (2) PROHIBITION.—None of the funds made 

9 available under this section may be used— 

10 (A) to carry out litigation; or 

11 (B) carry out lethal intentional takings. 

12 (e) ACQUISITION AND TRANSFER OF REAL PROP13 ERTY INTERESTS.— 

14 (1) USE OF REAL PROPERTY.—No project that 

15 will result in the acquisition by the Administrator of 

16 the National Oceanic and Atmospheric Administra17 tion, the Director of the Fish and Wildlife Service, 

18 a relevant Federal agency, or eligible entity of inter19 est in land, in whole or in part, may receive funds 

20 under this section unless the project is consistent 

21 with the purposes of this section. 

22 (2) PRIVATE PROPERTY PROTECTION.—No 

23 Federal funds made available to carry out this sec24 tion may be used to acquire any real property or any 

25 interest in any real property without the written 


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1 consent of each owner of the property or interest in 

2 property. 

3 (3) TRANSFER OF REAL PROPERTY.—No land 

4 or interest in land, acquired in whole or in part by 

5 the Administrator of the National Oceanic and At6 mospheric Administration, the Director of the Fish 

7 and Wildlife Service, a relevant Federal agency, or 

8 eligible entity with funds made available under this 

9 section may be transferred to a State, other public 

10 agency, or other entity unless— 

11 (A) the Administrator of the National Oce12 anic and Atmospheric Administration, the Na13 tional Fish and Wildlife Foundation, the rel14 evant Federal agency, or eligible entity with ju15 risdiction over such land determines that the 

16 State, agency, or other entity is committed to 

17 manage, in accordance with this section and the 

18 purposes of this section, the property being 

19 transferred; and 

20 (B) the deed or other instrument of trans21 fer contains provisions for the reversion of the 

22 title to the property to the United States if the 

23 State, agency, or entity fails to manage the 

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1 on stronghold in accordance with this section 

2 and the purposes of this section. 

3 (4) REQUIREMENT.—Any real property interest 

4 conveyed under paragraph (3) shall be subject to 

5 such terms and conditions as will ensure, to the 

6 maximum extent practicable, that the interest will be 

7 administered in accordance with this section and the 

8 purposes of this section. 

9 (f) REPORTS.—Not later than 5 years after the date 

10 on which the first grant is made under this section, the 

11 administrator of the grant program shall submit a report 

12 to the Committee on Commerce, Science, and Transpor13 tation of the Senate and the Committee on Natural Re14 sources of the House of Representatives that includes— 

15 (1) an evaluation of the results of each project 

16 with recommendations on strategies and approaches 

17 focusing on salmon conservation actions projected to 

18 have the greatest positive impacts on abundance, 

19 productivity, or diversity in salmon conservation 

20 areas and salmon strongholds; 

21 (2) conclusions and recommendations on appro22 priate metrics to measure and evaluate the efficacy 

23 of salmon conservation efforts, including key indica24 tors for habitat and aquatic health and recommenda25 tions on quantifying such benefits; 


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1 (3) an analysis of the status and trends for wild 

2 salmon abundance, diversity and productivity in each 

3 salmon conservation area and salmon stronghold; 

4 (4) an analysis of the social and economic ef5 fects resulting from salmon conservation area and 

6 salmon stronghold conservation; and 

7 (5) an assessment of threats imposed by chang8 ing ocean conditions on marine survival. 

9 (g) ELIGIBLE ENTITY DEFINED.—In this section, 

10 the term ‘‘eligible entity’’ means an Indian tribe, non11 governmental organization, State or local agency, or insti12 tution of higher education (as defined in section 101 of 

13 the Higher Education Act of 1965 (20 U.S.C. 1001)) that 

14 has approval to carry out a project with respect to a salm15 on conservation area or salmon stronghold under this sec16 tion from each entity that has jurisdiction over such salm17 on conservation area or salmon stronghold. 

18 (h) APPROPRIATIONS.—There is authorized to be ap19 propriated to carry out this section $50,000,000 for fiscal 

20 year 2023 and each of the 4 fiscal years thereafter. 

21 SEC. 8. LIMITATIONS. 

22 Nothing in this Act, and no action to implement this 

23 Act, may be construed— 

24 (1) to create a reserved water right, express or 

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1 fect the management or priority of water rights 

2 under State law; 

3 (2) to affect existing water rights under Federal 

4 or State law; 

5 (3) to affect any Federal or State law in exist6 ence on the date of enactment of this Act regarding 

7 water quality or water quantity; 

8 (4) to abrogate, abridge, affect, modify, super9 sede, or otherwise alter any right of an Indian tribe 

10 under any applicable treaty, or Federal or tribal law 

11 or regulation; 

12 (5) to diminish or affect the ability of the Ad13 ministrator of the National Oceanic and Atmos14 pheric Administration, the Director of the Fish and 

15 Wildlife Service, or head of a relevant Federal Agen16 cy to join the adjudication of rights to the use of 

17 water pursuant to subsection (a), (b), or (c) of sec18 tion 208 of the Department of Justice Appropriation 

19 Act, 1953 (43 U.S.C. 666); or 

20 (6) to diminish or affect any program or activ21 ity by an Indian tribe that does not impact salmonid 

22 habitat. 

Æ 


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