II 

Calendar No. 424 

113TH CONGRESS 

2D SESSION S. 2080 

[Report No. 113–192] 

To conserve fish and aquatic communities in the United States through 

partnerships that foster fish habitat conservation, improve the quality 

of life for the people of the United States, enhance fish and wildlifedependent recreation, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 5, 2014 

Mr. CARDIN (for himself, Mr. CRAPO, and Mr. BEGICH) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

JUNE 5, 2014 

Reported by Mrs. BOXER, without amendment 

A BILL 

To conserve fish and aquatic communities in the United 

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

the United States, enhance fish and wildlife-dependent 

recreation, 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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘National Fish Habitat Conservation Act’’. 

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

5 this Act is as follows: 

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 Program. 

Sec. 8. Technical and scientific assistance. 

Sec. 9. Conservation of fish habitat on Federal land. 

Sec. 10. Coordination with States and Indian tribes. 

Sec. 11. Accountability and reporting. 

Sec. 12. Effect of Act. 

Sec. 13. Nonapplicability of Federal Advisory Committee Act. 

Sec. 14. Funding. 

6 SEC. 2. FINDINGS; PURPOSE. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) healthy populations of fish depend on the 

9 conservation, protection, restoration, and enhance10 ment of fish habitats in the United States; 

11 (2) fish habitats (including wetlands, streams, 

12 rivers, lakes, estuaries, and coastal and marine habi13 tats) perform numerous valuable environmental 

14 functions that sustain environmental, social, and cul15 tural values, including recycling nutrients, purifying 

16 water, attenuating floods, augmenting and maintain17 ing stream flows, recharging ground water, acting as 

18 primary producers in the food chain, and providing 


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1 essential and significant habitat for plants, fish, 

2 wildlife, and other dependent species; 

3 (3) the extensive and diverse fish habitat re4 sources of the United States are of enormous signifi5 cance to the economy of the United States, pro6 viding— 

7 (A) recreation for 60,000,000 anglers; 

8 (B) more than 828,000 jobs and approxi9 mately $115,000,000,000 in economic impact 

10 each year relating to recreational fishing; and 

11 (C) approximately 575,000 jobs and an ad12 ditional $36,000,000,000 in economic impact 

13 each year relating to commercial fishing; 

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

15 and endangered species in the United States are di16 rectly dependent on fish habitats; 

17 (5) certain fish species are considered to be eco18 logical indicators of fish habitat quality, such that 

19 the presence of those species reflects high-quality 

20 habitat for fish species; 

21 (6) loss and degradation of fish habitat, ripar22 ian habitat, water quality, and water volume caused 

23 by activities such as alteration of watercourses, 

24 stream blockages, water withdrawals and diversions, 


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1 erosion, pollution, sedimentation, and destruction or 

2 modification of wetlands have— 

3 (A) caused significant declines in fish pop4 ulations throughout the United States, espe5 cially declines in native fish populations; and 

6 (B) resulted in economic losses to the 

7 United States; 

8 (7)(A) providing for the conservation and sus9 tainability of fish populations has not been fully re10 alized, despite federally funded fish and wildlife res11 toration programs and other activities intended to 

12 conserve fish habitat; and 

13 (B) conservation and sustainability may be sig14 nificantly advanced through a renewed commitment 

15 and sustained, cooperative efforts that are com16 plementary to existing fish and wildlife restoration 

17 programs and clean water programs; 

18 (8) the National Fish Habitat Action Plan pro19 vides a framework for maintaining and restoring fish 

20 habitats to perpetuate populations of fish species; 

21 (9) the United States can achieve significant 

22 progress toward providing fish habitats for the con23 servation and restoration of fish species through a 

24 voluntary, nonregulatory incentive program that is 


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1 based on technical and financial assistance provided 

2 by the Federal Government; 

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 fish habitats; 

8 (11) the Federal Government has numerous 

9 land and water management agencies that are crit10 ical to the implementation of the National Fish 

11 Habitat Action Plan, including— 

12 (A) the United States Fish and Wildlife 

13 Service; 

14 (B) the Bureau of Land Management; 

15 (C) the National Park Service; 

16 (D) the Bureau of Reclamation; 

17 (E) the Bureau of Indian Affairs; 

18 (F) the National Marine Fisheries Service; 

19 (G) the Forest Service; 

20 (H) the Natural Resources Conservation 

21 Service; and 

22 (I) the Environmental Protection Agency; 

23 (12) the United States Fish and Wildlife Serv24 ice, the Forest Service, the Bureau of Land ManageVerDate Mar 15 2010 00:18 Jun 06, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2080.RS S2080

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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 fish 

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 (14) the State and Territorial fish and wildlife 

15 agencies play a vital role in— 

16 (A) the protection, restoration, and en17 hancement of the fish communities and fish 

18 habitats in their respective States and terri19 tories; and 

20 (B) the development, operation, and long21 term success of fish habitat partnerships and 

22 project implementation; and 

23 (15) many of the programs for conservation on 

24 private farmland, ranchland, and forestland that are 

25 carried out by the Secretary of Agriculture, includVerDate Mar 15 2010 00:18 Jun 06, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2080.RS S2080

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1 ing the Natural Resources Conservation Service and 

2 the State and Private Forestry programs of the For3 est Service, are able to significantly contribute to the 

4 implementation of the National Fish Habitat Action 

5 Plan through the engagement of private landowners. 

6 (b) PURPOSE.—The purpose of this Act is to encour7 age partnerships among public agencies and other inter8 ested parties consistent with the mission and goals of the 

9 National Fish Habitat Action Plan— 

10 (1) to promote intact and healthy fish habitats; 

11 (2) to improve the quality and quantity of fish 

12 habitats and overall health of fish species; 

13 (3) to increase the quality and quantity of fish 

14 habitats that support a broad natural diversity of 

15 fish and other aquatic species; 

16 (4) to improve fish habitats in a manner that 

17 leads to improvement of the annual economic output 

18 from recreational, subsistence, and commercial fish19 ing; 

20 (5) to enhance fish and wildlife-dependent 

21 recreation; 

22 (6) to coordinate and facilitate activities carried 

23 out by Federal departments and agencies under the 

24 leadership of— 


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1 (A) the Director of the United States Fish 

2 and Wildlife Service; 

3 (B) the Assistant Administrator for Fish4 eries of the National Oceanic and Atmospheric 

5 Administration; and 

6 (C) the Director of the United States Geo7 logical Survey; and 

8 (7) to achieve other purposes in accordance 

9 with the mission and goals of the National Fish 

10 Habitat Action Plan. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

13 (1) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional com15 mittees’’ means— 

16 (A) the Committee on Commerce, Science, 

17 and Transportation and the Committee on En18 vironment and Public Works of the Senate; and 

19 (B) the Committee on Natural Resources 

20 of the House of Representatives. 

21 (2) ASSISTANT ADMINISTRATOR.—The term 

22 ‘‘Assistant Administrator’’ means the Assistant Ad23 ministrator for Fisheries of the National Oceanic 

24 and Atmospheric Administration. 


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1 (3) BOARD.—The term ‘‘Board’’ means the Na2 tional Fish Habitat Board established by section 

3 4(a)(1). 

4 (4) CONSERVATION; CONSERVE; MANAGE; MAN5 AGEMENT.—The terms ‘‘conservation’’, ‘‘conserve’’, 

6 ‘‘manage’’, and ‘‘management’’ mean to maintain, 

7 sustain, and, where practicable, restore and enhance, 

8 using methods and procedures associated with mod9 ern scientific resource programs (including protec10 tion, research, census, law enforcement, habitat 

11 management, propagation, live trapping and trans12 plantation, and the regulated harvesting of fish)— 

13 (A) a healthy population of fish; 

14 (B) a habitat required to sustain fish and 

15 fish populations; or 

16 (C) a habitat required to sustain fish pro17 ductivity. 

18 (5) DIRECTOR.—The term ‘‘Director’’ means 

19 the Director of the United States Fish and Wildlife 

20 Service. 

21 (6) FISH.— 

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

23 any freshwater, diadromous, estuarine, or ma24 rine finfish or shellfish. 


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1 (B) INCLUSIONS.—The term ‘‘fish’’ in2 cludes the egg, spawn, spat, larval, and other 

3 juvenile stages of an organism described in sub4 paragraph (A). 

5 (7) FISH AND WILDLIFE-DEPENDENT RECRE6 ATION.—The term ‘‘fish and wildlife-dependent 

7 recreation’’ means a use involving hunting, fishing, 

8 wildlife observation and photography, or conserva9 tion education and interpretation. 

10 (8) FISH HABITAT.— 

11 (A) IN GENERAL.—The term ‘‘fish habi12 tat’’ means an area on which fish depend to 

13 carry out the life processes of the fish, includ14 ing an area used by the fish for spawning, incu15 bation, nursery, rearing, growth to maturity, 

16 food supply, or migration. 

17 (B) INCLUSIONS.—The term ‘‘fish habitat’’ 

18 may include— 

19 (i) an area immediately adjacent to an 

20 aquatic environment, if the immediately 

21 adjacent area— 

22 (I) contributes to the quality and 

23 quantity of water sources; or 

24 (II) provides public access for the 

25 use of fishery resources; and 


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1 (ii) an area inhabited by saltwater 

2 and brackish fish, including an offshore ar3 tificial marine reef in the Gulf of Mexico. 

4 (9) FISH HABITAT CONSERVATION PROJECT.— 

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

6 conservation project’’ means a project that— 

7 (i) is submitted to the Board by a 

8 Partnership and approved by the Secretary 

9 under section 6; and 

10 (ii) provides for the conservation or 

11 management of a fish habitat. 

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

13 conservation project’’ includes— 

14 (i) the provision of technical assist15 ance to a State, Indian tribe, or local com16 munity by the National Fish Habitat Con17 servation Partnership Program or any 

18 other agency to facilitate the development 

19 of strategies and priorities for the con20 servation of fish habitats; or 

21 (ii) the voluntary obtaining of a real 

22 property interest in land or water, by a 

23 State, local government, or other non-Fed24 eral entity, including water rights, in ac25 cordance with terms and conditions that 


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1 ensure that the real property will be ad2 ministered for the long-term conservation 

3 of— 

4 (I) the land or water; and 

5 (II) the fish dependent on the 

6 land or water. 

7 (10) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

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

9 Indian Self-Determination and Education Assistance 

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

11 (11) NATIONAL FISH HABITAT ACTION PLAN.— 

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

13 means the National Fish Habitat Action Plan dated 

14 April 24, 2006, and any subsequent revisions or 

15 amendments to that plan. 

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

17 means an entity designated by the Board as a Fish 

18 Habitat Conservation Partnership pursuant to sec19 tion 5(a). 

20 (13) REAL PROPERTY INTEREST.—The term 

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

22 in— 

23 (A) land; 

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


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1 (C) a building or object that is perma2 nently affixed to land. 

3 (14) SECRETARY.—The term ‘‘Secretary’’ 

4 means the Secretary of the Interior. 

5 (15) STATE.—The term ‘‘State’’ means— 

6 (A) each of the several States; 

7 (B) the District of Columbia; 

8 (C) the Commonwealth of Puerto Rico; 

9 (D) Guam; 

10 (E) the Virgin Islands; and 

11 (F) any other territory or possession of the 

12 United States. 

13 (16) STATE AGENCY.—The term ‘‘State agen14 cy’’ means— 

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

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

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

20 resources of the State pursuant to State law or 

21 the constitution of the State; or 

22 (C) the fish and wildlife agency of the 

23 Commonwealth of Puerto Rico, Guam, the Vir24 gin Islands, or any other territory or possession 

25 of the United States. 


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1 SEC. 4. NATIONAL FISH HABITAT BOARD. 

2 (a) ESTABLISHMENT.— 

3 (1) FISH HABITAT BOARD.—There is estab4 lished a board, to be known as the ‘‘National Fish 

5 Habitat Board’’, whose duties are— 

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

7 implementation of this Act and the National 

8 Fish Habitat Action Plan; 

9 (B) to establish national goals and prior10 ities for fish habitat conservation; 

11 (C) to approve Partnerships; and 

12 (D) to review and make recommendations 

13 regarding fish habitat conservation projects. 

14 (2) MEMBERSHIP.—The Board shall be com15 posed of 28 members, of whom— 

16 (A) 1 shall be the Director; 

17 (B) 1 shall be the Assistant Administrator; 

18 (C) 1 shall be the Chief of the Natural Re19 sources Conservation Service; 

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

21 Service; 

22 (E) 1 shall be the Assistant Administrator 

23 for Water of the Environmental Protection 

24 Agency; 

25 (F) 1 shall be the President of the Associa26 tion of Fish and Wildlife Agencies; 


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

2 of Directors of the National Fish and Wildlife 

3 Foundation appointed pursuant to section 

4 3(g)(2)(B) of the National Fish and Wildlife 

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

6 3702(g)(2)(B)); 

7 (H) 4 shall be representatives of State 

8 agencies, 1 of whom shall be nominated by a re9 gional association of fish and wildlife agencies 

10 from each of the Northeast, Southeast, Mid11 west, and Western regions of the United States; 

12 (I) 1 shall be a representative of the Com13 monwealth of Puerto Rico, Guam, the Virgin 

14 Islands, or any other territory or possession of 

15 the United States; 

16 (J) 1 shall be a representative of the 

17 American Fisheries Society; 

18 (K) 2 shall be representatives of Indian 

19 tribes, of whom— 

20 (i) 1 shall represent Indian tribes 

21 from the State of Alaska; and 

22 (ii) 1 shall represent Indian tribes 

23 from the other States; 

24 (L) 1 shall be a representative of the Re25 gional Fishery Management Councils estabVerDate Mar 15 2010 00:18 Jun 06, 2014 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S2080.RS S2080

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1 lished under section 302 of the Magnuson-Ste2 vens Fishery Conservation and Management 

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

4 (M) 1 shall be a representative of the Ma5 rine Fisheries Commissions, which is composed 

6 of— 

7 (i) the Atlantic States Marine Fish8 eries Commission; 

9 (ii) the Gulf States Marine Fisheries 

10 Commission; and 

11 (iii) the Pacific States Marine Fish12 eries Commission; 

13 (N) 1 shall be a representative of the 

14 Sportfishing and Boating Partnership Council; 

15 and 

16 (O) 10 shall be representatives selected 

17 from each of the following groups: 

18 (i) The recreational sportfishing in19 dustry. 

20 (ii) The commercial fishing industry. 

21 (iii) Marine recreational anglers. 

22 (iv) Freshwater recreational anglers. 

23 (v) Terrestrial resource conservation 

24 organizations. 


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1 (vi) Aquatic resource conservation or2 ganizations. 

3 (vii) The livestock and poultry produc4 tion industry. 

5 (viii) The land development industry. 

6 (ix) The row crop industry. 

7 (x) Natural resource commodity inter8 ests, such as petroleum or mineral extrac9 tion. 

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

11 shall serve without compensation. 

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

13 Board may be allowed travel expenses, including per 

14 diem in lieu of subsistence, at rates authorized for 

15 an employee of an agency under subchapter I of 

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

17 away from the home or regular place of business of 

18 the member in the performance of the duties of the 

19 Board. 

20 (b) APPOINTMENT AND TERMS.— 

21 (1) IN GENERAL.—Except as otherwise pro22 vided in this subsection, a member of the Board de23 scribed in any of subparagraphs (H) through (O) of 

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

25 (2) INITIAL BOARD MEMBERSHIP.— 


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1 (A) IN GENERAL.—Not later than 180 

2 days after the date of enactment of this Act, 

3 the representatives of the board established by 

4 the National Fish Habitat Action Plan shall ap5 point the initial members of the Board de6 scribed in subparagraphs (H), (I), (J), (L), 

7 (M), (N), and (O) of subsection (a)(2). 

8 (B) TRIBAL REPRESENTATIVES.—Not 

9 later than 180 days after the enactment of this 

10 Act, the Secretary shall provide to the board es11 tablished by the National Fish Habitat Action 

12 Plan a recommendation of not less than 4 tribal 

13 representatives, from which that board shall ap14 point 2 representatives pursuant to subpara15 graph (K) of subsection (a)(2). 

16 (3) TRANSITIONAL TERMS.—Of the members 

17 described in subsection (a)(2)(O) initially appointed 

18 to the Board— 

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

20 year; 

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

22 years; and 

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

24 years. 

25 (4) VACANCIES.— 


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

2 of the Board described in subparagraphs (H), 

3 (I), (J), (L), (M), (N), and (O) of subsection 

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

5 by the remaining members of the Board. 

6 (B) TRIBAL REPRESENTATIVES.—Fol7 lowing a vacancy of a member of the Board de8 scribed in subparagraph (K) of subsection 

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

10 Board a list of not less than 4 tribal represent11 atives, from which the remaining members of 

12 the Board shall appoint a representative to fill 

13 the vacancy. 

14 (5) CONTINUATION OF SERVICE.—An individual 

15 whose term of service as a member of the Board ex16 pires may continue to serve on the Board until a 

17 successor is appointed. 

18 (6) REMOVAL.—If a member of the Board de19 scribed in any of subparagraphs (H) through (O) of 

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

21 scheduled Board meetings, the members of the 

22 Board may— 

23 (A) vote to remove that member; and 

24 (B) appoint another individual in accord25 ance with paragraph (4). 


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1 (c) CHAIRPERSON.— 

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

3 member of the Board to serve as Chairperson of the 

4 Board. 

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

6 serve for a term of 3 years. 

7 (d) MEETINGS.— 

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

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

10 (B) not less frequently than twice each cal11 endar year. 

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

13 Board shall be open to the public. 

14 (e) PROCEDURES.— 

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

16 procedures to carry out the business of the Board, 

17 including— 

18 (A) a requirement that a quorum of the 

19 members of the Board be present to transact 

20 business; 

21 (B) a requirement that no recommenda22 tions may be adopted by the Board, except by 

the vote of 2 23 ⁄3 of all members; 


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1 (C) procedures for establishing national 

2 goals and priorities for fish habitat conservation 

3 for the purposes of this Act; 

4 (D) procedures for designating Partner5 ships under section 5; and 

6 (E) procedures for reviewing, evaluating, 

7 and making recommendations regarding fish 

8 habitat conservation projects. 

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

10 the Board shall constitute a quorum. 

11 SEC. 5. FISH HABITAT PARTNERSHIPS. 

12 (a) AUTHORITY TO APPROVE.—The Board may ap13 prove and designate Fish Habitat Partnerships in accord14 ance with this section. 

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

16 be— 

17 (1) to coordinate the implementation of the Na18 tional Fish Habitat Action Plan at a regional level; 

19 (2) to identify strategic priorities for fish habi20 tat conservation; 

21 (3) to recommend to the Board fish habitat 

22 conservation projects that address a strategic pri23 ority of the Board; and 

24 (4) to develop and carry out fish habitat con25 servation projects. 


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1 (c) APPLICATIONS.—An entity seeking to be des2 ignated as a Partnership shall submit to the Board an 

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

4 such information as the Board may reasonably require. 

5 (d) APPROVAL.—The Board may approve an applica6 tion for a Partnership submitted under subsection (c) if 

7 the Board determines that the applicant— 

8 (1) identifies representatives to provide support 

9 and technical assistance to the Partnership from a 

10 diverse group of public and private partners, which 

11 may include Federal, State, or local governments, 

12 nonprofit entities, Indian tribes, and private individ13 uals, that are focused on conservation of fish habi14 tats to achieve results across jurisdictional bound15 aries on public and private land; 

16 (2) is organized to promote the health of impor17 tant fish habitats and distinct geographical areas, 

18 important fish species, or system types, including 

19 reservoirs, natural lakes, coastal and marine envi20 ronments, and estuaries; 

21 (3) identifies strategic fish and fish habitat pri22 orities for the Partnership area in the form of geo23 graphical focus areas or key stressors or impair24 ments to facilitate strategic planning and decision25 making; 


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

2 nationally significant scale; 

3 (5) includes a governance structure that— 

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

5 (B) promotes joint strategic planning and 

6 decisionmaking by the applicant; 

7 (6) demonstrates completion of, or significant 

8 progress toward the development of, a strategic plan 

9 to address the decline in fish populations, rather 

10 than simply treating symptoms in accordance with 

11 the National Fish Habitat Action Plan; and 

12 (7) promotes collaboration in developing a stra13 tegic vision and implementation program that is sci14 entifically sound and achievable. 

15 SEC. 6. FISH HABITAT CONSERVATION PROJECTS. 

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

17 31 of each calendar year, each Partnership shall submit 

18 to the Board a list of fish habitat conservation projects 

19 recommended by the Partnership for annual funding 

20 under this Act. 

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

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

23 the Secretary a description, including estimated costs, of 

24 each fish habitat conservation project that the Board recVerDate Mar 15 2010 00:18 Jun 06, 2014 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S2080.RS S2080

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1 ommends that the Secretary approve and fund under this 

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

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

4 fish habitat conservation project to be recommended to the 

5 Secretary under subsection (b)— 

6 (1) based on a recommendation of the Partner7 ship that is, or will be, participating actively in car8 rying out the fish habitat conservation project; and 

9 (2) after taking into consideration— 

10 (A) the extent to which the fish habitat 

11 conservation project fulfills a purpose of this 

12 Act or a goal of the National Fish Habitat Ac13 tion Plan; 

14 (B) the extent to which the fish habitat 

15 conservation project addresses the national pri16 orities established by the Board; 

17 (C) the availability of sufficient non-Fed18 eral funds to match Federal contributions for 

19 the fish habitat conservation project, as re20 quired by subsection (e); 

21 (D) the extent to which the fish habitat 

22 conservation project— 

23 (i) increases recreational fishing op24 portunities for the public; 


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1 (ii) will be carried out through a coop2 erative agreement among Federal, State, 

3 and local governments, Indian tribes, and 

4 private entities; 

5 (iii) increases public access to land or 

6 water for fish and wildlife-dependent rec7 reational opportunities; 

8 (iv) advances the conservation of fish 

9 and wildlife species that have been identi10 fied by the States as species in greatest 

11 need of conservation; 

12 (v) where appropriate, advances the 

13 conservation of fish and fish habitats 

14 under the Magnuson-Stevens Fishery Con15 servation and Management Act (16 U.S.C. 

16 1801 et seq.), other relevant Federal law, 

17 and State wildlife action plans; and 

18 (vi) promotes strong and healthy fish 

19 habitats such that desired biological com20 munities are able to persist and adapt; and 

21 (E) the substantiality of the character and 

22 design of the fish habitat conservation project. 

23 (d) LIMITATIONS.— 

24 (1) REQUIREMENTS FOR EVALUATION.—No 

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1 ommended by the Board under subsection (b) or 

2 provided financial assistance under this Act unless 

3 the fish habitat conservation project includes an 

4 evaluation plan designed— 

5 (A) to appropriately assess the biological, 

6 ecological, or other results of the habitat protec7 tion, restoration, or enhancement activities car8 ried out using the assistance; 

9 (B) to reflect appropriate changes to the 

10 fish habitat conservation project if the assess11 ment substantiates that the fish habitat con12 servation project objectives are not being met; 

13 (C) to identify improvements to existing 

14 recreational fishing opportunities and the over15 all economic benefits for the local community of 

16 the fish habitat conservation project; and 

17 (D) to require the submission to the Board 

18 of a report describing the findings of the assess19 ment. 

20 (2) ACQUISITION OF REAL PROPERTY INTER21 ESTS.— 

22 (A) ACQUISITION OF REAL PROPERTY IN23 TERESTS.— 

24 (i) IN GENERAL.—Subject to clause 

25 (ii), a State, local government, or other 


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1 non-Federal entity shall be eligible to re2 ceive funds under this Act for the acquisi3 tion of real property. 

4 (ii) RESTRICTION.—No fish habitat 

5 conservation project that will result in the 

6 acquisition by a State, local government, or 

7 other non-Federal entity, in whole or in 

8 part, of any real property interest may be 

9 recommended by the Board under sub10 section (b) or provided financial assistance 

11 under this Act unless the project meets the 

12 requirements of subparagraph (B). 

13 (B) REQUIREMENTS.— 

14 (i) IN GENERAL.—A real property in15 terest may not be acquired pursuant to a 

16 fish habitat conservation project by a 

17 State, local government, or other non-Fed18 eral entity unless— 

19 (I) the Secretary determines that 

20 the State, local government, or other 

21 non-Federal entity is obligated to un22 dertake the management of the real 

23 property being acquired in accordance 

24 with the purposes of this Act; and 


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1 (II) the owner of the real prop2 erty authorizes the State, local gov3 ernment, or other non-Federal entity 

4 to acquire the real property. 

5 (ii) ADDITIONAL CONDITIONS.—Any 

6 real property interest acquired by a State, 

7 local government, or other non-Federal en8 tity pursuant to a fish habitat conservation 

9 project shall be subject to terms and condi10 tions established by the Secretary pro11 viding for the long-term conservation and 

12 management of the fish habitat and the 

13 fish and wildlife dependent on that habitat. 

14 (iii) PUBLIC ACCESS.— 

15 (I) IN GENERAL.—Any acquisi16 tion of fee title to real property by a 

17 State, local government, or non-Fed18 eral entity pursuant to this Act shall, 

19 where applicable and consistent with 

20 State laws and regulations, provide 

21 public access to that real property for 

22 compatible fish and wildlife-dependent 

23 recreation. 

24 (II) PUBLIC ACCESS.—Public ac25 cess to real property described in subVerDate Mar 15 2010 00:18 Jun 06, 2014 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S2080.RS S2080

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1 clause (I) shall be closed only for pur2 poses of protecting public safety, the 

3 property, or habitat. 

4 (iv) STATE AGENCY APPROVAL.— 

5 (I) IN GENERAL.—Any real prop6 erty interest acquired by a State, local 

7 government, or other non-Federal en8 tity under this Act shall be approved 

9 by the applicable State agency in the 

10 State in which the fish habitat con11 servation project is carried out. 

12 (II) ADMINISTRATION.—The 

13 Board shall not recommend, and the 

14 Secretary shall not provide any fund15 ing under this Act for, the acquisition 

16 of any real property interest described 

17 in subclause (I) that has not been ap18 proved by the applicable State agency. 

19 (v) VIOLATION.—If the State, local 

20 government, or other non-Federal entity 

21 violates any term or condition established 

22 by the Secretary under clause (ii), the Sec23 retary may require the State, local govern24 ment, or other non-Federal entity to re25 fund all or part of any payments received 


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1 under this Act, with interest on the pay2 ments as determined appropriate by the 

3 Secretary. 

4 (e) NON-FEDERAL CONTRIBUTIONS.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), no fish habitat conservation project may 

7 be recommended by the Board under subsection (b) 

8 or provided financial assistance under this Act un9 less at least 50 percent of the cost of the fish habi10 tat conservation project will be funded with non11 Federal funds. 

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

13 Notwithstanding paragraph (1), Federal funds may 

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

15 a fish habitat conservation project located on Fed16 eral land or water. 

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

18 share of the cost of a fish habitat conservation 

19 project— 

20 (A) may not be derived from a Federal 

21 grant program; but 

22 (B) may include in-kind contributions and 

23 cash. 

24 (4) SPECIAL RULE FOR INDIAN TRIBES.—Not25 withstanding paragraph (1) or any other provision of 


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1 law, any funds made available to an Indian tribe 

2 pursuant to this Act may be considered to be non3 Federal funds for the purpose of paragraph (1). 

4 (f) APPROVAL.— 

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

6 after the date of receipt of the recommendations of 

7 the Board for fish habitat conservation projects 

8 under subsection (b), subject to the limitations 

9 under subsection (d), and based, to the maximum 

10 extent practicable, on the criteria described in sub11 section (c)— 

12 (A) the Secretary shall approve, reject, or 

13 reorder the priority of any fish habitat con14 servation project recommended by the Board 

15 that is not within a marine or estuarine habitat; 

16 and 

17 (B) the Secretary and the Secretary of 

18 Commerce shall jointly approve, reject, or reor19 der the priority of any fish habitat conservation 

20 project recommended by the Board that is with21 in a marine or estuarine habitat. 

22 (2) FUNDING.—If a fish habitat conservation 

23 project under paragraph (1) is approved by the Sec24 retary, or the Secretary and the Secretary of Com25 merce jointly, the Secretary, or the Secretary and 


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1 the Secretary of Commerce jointly, as applicable, 

2 shall use amounts made available to carry out this 

3 Act to provide funds to carry out the fish habitat 

4 conservation project. 

5 (3) NOTIFICATION.—If the priority of any fish 

6 habitat conservation project recommended by the 

7 Board under subsection (b) is rejected or reordered 

8 by the Secretary, or the Secretary and the Secretary 

9 of Commerce jointly, the Secretary, or the Secretary 

10 and the Secretary of Commerce jointly, shall, not 

11 later than 180 days after the date of receipt of the 

12 recommendations, provide to the Board, the appro13 priate Partnership, and the appropriate congres14 sional committees a written statement of the Sec15 retary, or the Secretary and the Secretary of Com16 merce jointly, as applicable, detailing the reasons 

17 why the Secretary or the Secretary and the Sec18 retary of Commerce jointly rejected or reordered the 

19 priority of the fish habitat conservation project. 

20 SEC. 7. NATIONAL FISH HABITAT CONSERVATION PART21 NERSHIP PROGRAM. 

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

23 the date of enactment of this Act, the Director shall estab24 lish a program, to be known as the ‘‘National Fish Habi25 tat Conservation Partnership Program’’, within the DiviVerDate Mar 15 2010 00:18 Jun 06, 2014 Jkt 039200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S2080.RS S2080

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1 sion of Fish and Aquatic Conservation of the United 

2 States Fish and Wildlife Service. 

3 (b) FUNCTIONS.—The National Fish Habitat Con4 servation Partnership Program shall— 

5 (1) provide funding for the operational needs of 

6 the Partnerships, including funding for activities 

7 such as planning, project development and imple8 mentation, coordination, monitoring, evaluation, 

9 communication, and outreach; 

10 (2) provide funding to support the detail of 

11 State and tribal fish and wildlife staff to the Pro12 gram; 

13 (3) facilitate the cooperative development and 

14 approval of Partnerships; 

15 (4) assist the Secretary and the Board in car16 rying out this Act; 

17 (5) assist the Secretary in carrying out the re18 quirements of sections 8 and 10; 

19 (6) facilitate communication, cohesiveness, and 

20 efficient operations for the benefit of Partnerships 

21 and the Board; 

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

23 the Assistant Administrator, and the President of 

24 the Association of Fish and Wildlife Agencies, the 


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1 consideration of fish habitat conservation projects by 

2 the Board; 

3 (8) provide support to the Director regarding 

4 the development and implementation of the inter5 agency operational plan under subsection (c); 

6 (9) coordinate technical and scientific reporting 

7 as required by section 11; 

8 (10) facilitate the efficient use of resources and 

9 activities of Federal departments and agencies to 

10 carry out this Act in an efficient manner; and 

11 (11) provide support to the Board for national 

12 communication and outreach efforts that promote 

13 public awareness of fish habitat conservation. 

14 (c) INTERAGENCY OPERATIONAL PLAN.—Not later 

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

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

17 the Assistant Administrator and the heads of other appro18 priate Federal departments and agencies, shall develop an 

19 interagency operational plan for the National Fish Habi20 tat Conservation Partnership Program that describes— 

21 (1) the functional, operational, technical, sci22 entific, and general staff, administrative, and mate23 rial needs of the Program; and 


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1 (2) any interagency agreements between or 

2 among Federal departments and agencies to address 

3 those needs. 

4 (d) STAFF AND SUPPORT.— 

5 (1) DEPARTMENTS OF INTERIOR AND COM6 MERCE.—The Director and the Assistant Adminis7 trator shall each provide appropriate staff to support 

8 the National Fish Habitat Conservation Partnership 

9 Program, subject to the availability of funds under 

10 section 14. 

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

12 and Indian tribe is encouraged to provide staff to 

13 support the National Fish Habitat Conservation 

14 Partnership Program. 

15 (3) DETAILEES AND CONTRACTORS.—The Na16 tional Fish Habitat Conservation Partnership Pro17 gram may accept staff or other administrative sup18 port from other entities— 

19 (A) through interagency details; or 

20 (B) as contractors. 

21 (4) QUALIFICATIONS.—The staff of the Na22 tional Fish Habitat Conservation Partnership Pro23 gram shall include members with education and ex24 perience relating to the principles of fish, wildlife, 

25 and habitat conservation. 


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

2 year, the Director shall provide to the Board a report de3 scribing the activities of the National Fish Habitat Con4 servation Partnership Program. 

5 SEC. 8. TECHNICAL AND SCIENTIFIC ASSISTANCE. 

6 (a) IN GENERAL.—The Director, the Assistant Ad7 ministrator, and the Director of the United States Geo8 logical Survey, in coordination with the Forest Service and 

9 other appropriate Federal departments and agencies, shall 

10 provide scientific and technical assistance to the Partner11 ships, participants in fish habitat conservation projects, 

12 and the Board. 

13 (b) INCLUSIONS.—Scientific and technical assistance 

14 provided pursuant to subsection (a) may include— 

15 (1) providing technical and scientific assistance 

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

17 and nongovernmental organizations in the develop18 ment and implementation of Partnerships; 

19 (2) providing technical and scientific assistance 

20 to Partnerships for habitat assessment, strategic 

21 planning, and prioritization; 

22 (3) supporting the development and implemen23 tation of fish habitat conservation projects that are 

24 identified as high priorities by Partnerships and the 

25 Board; 


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1 (4) supporting and providing recommendations 

2 regarding the development of science-based moni3 toring and assessment approaches for implementa4 tion through Partnerships; 

5 (5) supporting and providing recommendations 

6 for a national fish habitat assessment; 

7 (6) ensuring the availability of experts to con8 duct scientifically based evaluation and reporting of 

9 the results of fish habitat conservation projects; and 

10 (7) providing resources to secure State agency 

11 scientific and technical assistance to support Part12 nerships, participants in fish habitat conservation 

13 projects, and the Board. 

14 SEC. 9. CONSERVATION OF FISH HABITAT ON FEDERAL 

15 LAND. 

16 To the extent consistent with the mission and author17 ity of the applicable department or agency, the head of 

18 each Federal department and agency may coordinate with 

19 the Assistant Administrator and the Director to promote 

20 healthy fish populations and fish habitats. 

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

22 The Secretary shall provide a notice to, and cooperate 

23 with, the appropriate State agency or tribal agency, as ap24 plicable, of each State and Indian tribe within the bound25 aries of which an activity is planned to be carried out purVerDate Mar 15 2010 00:18 Jun 06, 2014 Jkt 039200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S2080.RS S2080

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1 suant to this Act, including notification, by not later than 

2 30 days before the date on which the activity is imple3 mented. 

4 SEC. 11. ACCOUNTABILITY AND REPORTING. 

5 (a) REPORTING.— 

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

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

8 thereafter, the Board shall submit to the appropriate 

9 congressional committees a report describing the 

10 progress of— 

11 (A) this Act; and 

12 (B) the National Fish Habitat Action 

13 Plan. 

14 (2) CONTENTS.—Each report submitted under 

15 paragraph (1) shall include— 

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

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

18 measure) of fish habitat that was maintained or 

19 improved under the National Fish Habitat Ac20 tion Plan by Federal, State, or local govern21 ments, Indian tribes, or other entities in the 

22 United States during the 2-year period ending 

23 on the date of submission of the report; 

24 (B) a description of the public access to 

25 fish habitats established or improved under the 


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1 National Fish Habitat Action Plan during that 

2 2-year period; 

3 (C) a description of the opportunities for 

4 public recreational fishing established under the 

5 National Fish Habitat Action Plan during that 

6 period; and 

7 (D) an assessment of the status of fish 

8 habitat conservation projects carried out with 

9 funds provided under this Act during that pe10 riod, disaggregated by year, including— 

11 (i) a description of the fish habitat 

12 conservation projects recommended by the 

13 Board under section 6(b); 

14 (ii) a description of each fish habitat 

15 conservation project approved by the Sec16 retary under section 6(f), in order of pri17 ority for funding; 

18 (iii) a justification for— 

19 (I) the approval of each fish 

20 habitat conservation project; and 

21 (II) the order of priority for 

22 funding of each fish habitat conserva23 tion project; 

24 (iv) a justification for any rejection or 

25 reordering of the priority of each fish habiVerDate Mar 15 2010 00:18 Jun 06, 2014 Jkt 039200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S2080.RS S2080

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1 tat conservation project recommended by 

2 the Board under section 6(b) that was 

3 based on a factor other than the criteria 

4 described in section 6(c); and 

5 (v) an accounting of expenditures by 

6 Federal, State, or local governments, In7 dian tribes, or other entities to carry out 

8 fish habitat conservation projects. 

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

10 December 31, 2015, and every 5 years thereafter, the 

11 Board shall submit to the appropriate congressional com12 mittees a report describing the status of fish habitats in 

13 the United States. 

14 (c) REVISIONS.—Not later than December 31, 2015, 

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

16 goals and other elements of the National Fish Habitat Ac17 tion Plan, after consideration of each report required by 

18 subsection (b). 

19 SEC. 12. EFFECT OF ACT. 

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

21 (1) establishes any express or implied reserved 

22 water right in the United States for any purpose; 

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

24 date of enactment of this Act; 


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

2 interstate compact governing water; or 

3 (4) affects any Federal or State law in exist4 ence on the date of enactment of this Act regarding 

5 water quality or water quantity. 

6 (b) AUTHORITY TO ACQUIRE WATER RIGHTS OR

7 RIGHTS TO PROPERTY.—In carrying out section 6(d)(2), 

8 only a State, local government, or other non-Federal entity 

9 may acquire, in accordance with applicable State law, 

10 water rights or rights to property pursuant to a fish habi11 tat conservation projected funded under this Act. 

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

13 (1) affects the authority, jurisdiction, or respon14 sibility of a State to manage, control, or regulate 

15 fish and wildlife under the laws and regulations of 

16 the State; or 

17 (2) authorizes the Secretary to control or regu18 late within a State the fishing or hunting of fish and 

19 wildlife. 

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

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

22 alters any right of an Indian tribe recognized by treaty 

23 or any other means, including— 

24 (1) an agreement between the Indian tribe and 

25 the United States; 


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1 (2) Federal law (including regulations); 

2 (3) an Executive order; or 

3 (4) a judicial decree. 

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

5 this Act diminishes or affects the ability of the Secretary 

6 to join an adjudication of rights to the use of water pursu7 ant to subsection (a), (b), or (c) of section 208 of the De8 partment of Justice Appropriation Act, 1953 (43 U.S.C. 

9 666). 

10 (f) DEPARTMENT OF COMMERCE AUTHORITY.— 

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

12 responsibility of the Department of Commerce to manage, 

13 control, or regulate fish or fish habitats under the Magnu14 son-Stevens Fishery Conservation and Management Act 

15 (16 U.S.C. 1801 et seq.). 

16 (g) EFFECT ON OTHER AUTHORITIES.— 

17 (1) PRIVATE PROPERTY PROTECTION.—Nothing 

18 in this Act permits the use of funds made available 

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

20 real property interest without the written consent of 

21 each owner of the real property or real property in22 terest. 

23 (2) MITIGATION.—Nothing in this Act permits 

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

25 for fish and wildlife mitigation purposes under— 


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1 (A) the Federal Water Pollution Control 

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

3 (B) the Fish and Wildlife Coordination Act 

4 (16 U.S.C. 661 et seq.); 

5 (C) the Water Resources Development Act 

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

7 or 

8 (D) any other Federal law or court settle9 ment. 

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

11 affects or alters any provision of the Federal Water 

12 Pollution Control Act (33 U.S.C. 1251 et seq.), in13 cluding any definition in that Act. 

14 SEC. 13. NONAPPLICABILITY OF FEDERAL ADVISORY COM15 MITTEE ACT. 

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

17 shall not apply to— 

18 (1) the Board; or 

19 (2) any Partnership. 

20 SEC. 14. FUNDING. 

21 (a) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) FISH HABITAT CONSERVATION PROJECTS.— 

23 There is authorized to be appropriated to the Sec24 retary $7,200,000 for each of fiscal years 2014 

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1 servation projects approved under section 6(f), of 

2 which 5 percent shall be made available for each fis3 cal year for projects carried out by Indian tribes. 

4 (2) NATIONAL FISH HABITAT CONSERVATION

5 PARTNERSHIP PROGRAM.— 

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

7 be appropriated to the Secretary for each of fis8 cal years 2014 through 2018 for the National 

9 Fish Habitat Conservation Partnership Pro10 gram, and to carry out section 11, an amount 

11 equal to 5 percent of the amount appropriated 

12 for the applicable fiscal year pursuant to para13 graph (1). 

14 (B) REQUIRED TRANSFERS.—The Sec15 retary shall annually transfer to other Federal 

16 departments and agencies such percentage of 

17 the amounts made available pursuant to sub18 paragraph (A) as is required to support partici19 pation by those departments and agencies in 

20 the National Fish Habitat Conservation Part21 nership Program pursuant to the interagency 

22 operational plan under section 7(c). 

23 (3) TECHNICAL AND SCIENTIFIC ASSISTANCE.— 

24 There are authorized to be appropriated for each of 

25 fiscal years 2014 through 2018 to carry out, and 


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

3 (A) $500,000 to the Secretary for use by 

4 the United States Fish and Wildlife Service; 

5 (B) $500,000 to the Assistant Adminis6 trator for use by the National Oceanic and At7 mospheric Administration; and 

8 (C) $500,000 to the Secretary for use by 

9 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 2014 through 

13 2018 for use by the Board, the Director, and the 

14 Assistant Administrator for planning and adminis15 trative expenses an amount equal to 3 percent of the 

16 amount appropriated for the applicable fiscal year 

17 pursuant to paragraph (1). 

18 (b) AGREEMENTS AND GRANTS.—The Secretary 

19 may— 

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

21 notwithstanding sections 6304 and 6305 of title 31, 

22 United States Code, and the Federal Financial As23 sistance Management Improvement Act of 1999 (31 

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

25 a grant agreement, cooperative agreement, or conVerDate Mar 15 2010 00:18 Jun 06, 2014 Jkt 039200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S2080.RS S2080

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1 tract with a Partnership or other entity for a fish 

2 habitat conservation project or restoration or en3 hancement project; 

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

5 individual or entity to carry out the purposes of this 

6 Act; and 

7 (3) make funds available to any Federal depart8 ment or agency for use by that department or agen9 cy to provide grants for any fish habitat protection 

10 project, restoration project, or enhancement project 

11 that the Secretary determines to be consistent with 

12 this Act. 

13 (c) DONATIONS.— 

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

15 (A) enter into an agreement with any orga16 nization described in section 501(c)(3) of the 

17 Internal Revenue Code of 1986 that is exempt 

18 from taxation under section 501(a) of that 

19 Code to solicit private donations to carry out 

20 the purposes of this Act; and 

21 (B) accept donations of funds, property, 

22 and services to carry out the purposes of this 

23 Act. 

24 (2) TREATMENT.—A donation accepted under 

25 this section— 


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1 (A) shall be considered to be a gift or be2 quest to, or otherwise for the use of, the United 

3 States; and 

4 (B) may be— 

5 (i) used directly by the Secretary; or 

6 (ii) provided to another Federal de7 partment or agency through an inter8 agency agreement. 


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Calendar No. 424 

113TH CONGRESS 

2D SESSION S. 2080 

[Report No. 113–192] 

A BILL 

To conserve fish and aquatic communities in the 

other purposes. fish and wildlife-dependent recreation, and for life for the people of the United States, enhance fish habitat conservation, improve the quality of United States through partnerships that foster 

JUNE 5, 2014 

Reported without amendment 


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