Sec. 4. National Fish Habitat Board. 
Sec. 5. Fish Habitat Conservation Partnerships. 
Sec. 6. Fish habitat conservation projects. 
Sec. 7. National Fish Habitat Conservation Partnership Office. 
Sec. 8. Conservation of aquatic habitat for fish and other aquatic organisms on 
Federal land. 
Sec. 9. Coordination with States. 
Sec. 10. Accountability and reporting. 
Sec. 11. Regulations. 
Sec. 12. Construction. 
Sec. 13. Applicability of Federal Advisory Committee Act. 
Sec. 14. Funding. 
SEC. 2. FINDINGS; PURPOSES. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Healthy populations of fish and other 
aquatic organisms depend on the conservation, pro-
tection, restoration, and enhancement of aquatic 
habitats in the United States. 
(2) 
Aquatic 
habitats, 
including 
wetlands, 
streams, rivers, lakes, estuaries, coastal and marine 
ecosystems, and associated riparian upland habitats 
that buffer those areas from external factors, per-
form numerous valuable environmental functions 
which sustain environmental, social, and cultural val-
ues, including recycling nutrients, purifying water, 
attenuating floods, augmenting and maintaining 
stream flows, recharging ground water, acting as 
primary producers in the food chain, and providing 
essential and significant habitat for plants, fish and 
wildlife, and other dependent species. 
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(3) The extensive and diverse aquatic habitat 
resources of the United States are of enormous sig-
nificance to the economy of the United States, pro-
viding recreation for 44,000,000 anglers, more than 
1,000,000 jobs and approximately $125,000,000,000 
in economic impact each year related to recreational 
fishing, and approximately 500,000 jobs and an ad-
ditional $35,000,000,000 in economic impact from 
commercial fishing each year. 
(4) At least 40 percent of all threatened and 
endangered species in the United States are directly 
dependent upon aquatic habitats. 
(5) Certain fish species are considered to be ec-
ological indicators of aquatic habitat quality, such 
that the presence of such species in an aquatic eco-
system reflects high-quality habitat for other fish. 
(6) Loss and degradation of aquatic habitat, ri-
parian habitat, water quality, and water volume 
caused by activities such as alteration of water-
courses, stream blockages, water withdrawals and di-
versions, erosion, pollution, sedimentation, and de-
struction or modification of wetlands have caused 
significant declines in fish populations throughout 
the United States, especially declines in native fish 
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populations, and result in economic losses to the 
United States. 
(7) Providing for the conservation and sustain-
ability of fish and other aquatic organisms has not 
been fully realized despite federally funded fish and 
wildlife restoration programs and other activities in-
tended to conserve aquatic resources. Such conserva-
tion and sustainability may be significantly advanced 
through a renewed commitment and sustained, coop-
erative efforts that are complementary to existing 
fish and wildlife restoration programs and clean 
water programs. 
(8) The National Fish Habitat Action Plan pro-
vides a framework for maintaining and restoring 
aquatic habitats to ensure perpetuation of popu-
lations of fish and other aquatic organisms. 
(9) The United States can achieve significant 
progress toward providing aquatic habitats for the 
conservation and restoration of fish and other aquat-
ic organisms through a voluntary, nonregulatory, in-
centive program that is based on technical and fi-
nancial assistance provided by the Federal Govern-
ment. 
(10) Creation of partnerships between local citi-
zens, Indian tribes, Alaska Native organizations, 
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corporations, nongovernmental organizations, and 
Federal, State, and Indian tribal agencies is critical 
to the success of activities to restore aquatic habi-
tats and ecosystems. 
(11) The Federal Government has numerous 
regulatory and land and water management agen-
cies, including the United States Fish and Wildlife 
Service, the Bureau of Land Management, the Na-
tional Park Service, the Bureau of Reclamation, the 
Bureau of Indian Affairs, the National Marine Fish-
eries Service, the Forest Service, the Fishery Man-
agement Councils, the Environmental Protection 
Agency, and the several interjurisdictional fishery 
commissions that are critical to the implementation 
of the National Fish Habitat Action Plan. 
(12) The United States Fish and Wildlife Serv-
ice, the Forest Service, and the National Marine 
Fisheries Service each plays a vital role in the pro-
tection, restoration, and enhancement of the fish 
communities and aquatic habitats in the United 
States and the development, operation, and long- 
term success of fish habitat partnerships and project 
implementation. 
(13) The United States Geological Survey plays 
a vital role in scientific evaluation, data collection, 
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and mapping for fishery resources in the United 
States. 
(14) Many of the programs for conservation on 
private farmland, ranchland, and forestland that are 
carried out by the Secretary of Agriculture, includ-
ing the Natural Resources Conservation Service and 
the State and Private Forestry programs of the For-
est Service, are able to significantly contribute to the 
implementation of the National Fish Habitat Action 
Plan through the engagement of private landowners. 
(b) PURPOSES.—The purposes of this Act are to en-
courage partnerships among public agencies and other in-
terests consistent with the mission and goals of the Na-
tional Fish Habitat Action Plan— 
(1) to protect and maintain intact and healthy 
aquatic habitats; 
(2) to prevent further degradation of aquatic 
habitats that have been adversely affected; 
(3) to reverse declines in the quality and quan-
tity of aquatic habitats to improve the overall health 
of fish and other aquatic organisms; 
(4) to increase the quality and quantity of 
aquatic habitats that support a broad natural diver-
sity of fish and other aquatic species; 
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(5) to improve fisheries habitat, thereby improv-
ing the annual economic output from recreational, 
subsistence, and commercial fishing; 
(6) to ensure coordination and facilitation of ac-
tivities carried out by agencies or departments of the 
United States under the leadership of the Director 
of the United States Fish and Wildlife Service, the 
Under Secretary for Oceans and Atmosphere of the 
Department of Commerce, and the Director of the 
United States Geological Survey; and 
(7) to achieve other purposes in accordance 
with the mission and goals of the National Fish 
Habitat Action Plan. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Commerce, 
Science, and Transportation and the Committee on 
Environment and Public Works of the Senate and 
the Committee on Natural Resources of the House 
of Representatives. 
(2) AQUATIC
HABITAT.—The term ‘‘aquatic 
habitat’’— 
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(A) means any area upon which aquatic 
organisms depend, directly or indirectly, to 
carry out the life processes of such organisms, 
including an area used by such organisms for 
spawning, incubation, nursery, rearing, growth 
to maturity, food supply, or migration; and 
(B) includes an area adjacent to an aquat-
ic environment if such adjacent area— 
(i) contributes elements, such as the 
input of detrital material or the promotion 
of planktonic and insect populations pro-
viding food, which make fish life possible; 
(ii) protects the quality and quantity 
of water sources; 
(iii) provides public access for the use 
of fishery resources; or 
(iv) serves as a buffer protecting the 
aquatic environment. 
(3) ASSISTANT
ADMINISTRATOR.—The term 
‘‘Assistant Administrator’’ means the Assistant Ad-
ministrator for Fisheries of the National Marine 
Fisheries Service. 
(4) CONSERVATION; CONSERVE; MANAGE; MAN-
AGEMENT.—The terms ‘‘conservation’’, ‘‘conserve’’, 
‘‘manage’’, and ‘‘management’’ mean to protect, sus-
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tain, and, where appropriate, restore and enhance, 
healthy populations of fish, wildlife, and plant life, 
as well as the habitats that are required to sustain 
fish, wildlife, and plant life, as well as the habitats 
that are required to sustain fish, wildlife, and plant 
life productivity by utilizing methods and procedures 
associated with modern scientific resource programs, 
including protection, research, census, law enforce-
ment, habitat management, propagation, live trap-
ping and transplantation, and regulated taking. 
(5) DIRECTOR.—Except as otherwise provided, 
the term ‘‘Director’’ means the Director of the 
United States Fish and Wildlife Service. 
(6) FISH.—The term ‘‘fish’’ means any fresh-
water, diadromous, estuarine, or marine finfish or 
shellfish, including the egg, spawn, spat, larval, and 
other juvenile stages of such an organism. 
(7) FISH
HABITAT
CONSERVATION
PARTNER-
SHIP; PARTNERSHIP.—The terms ‘‘Fish Habitat 
Conservation Partnership’’ and ‘‘Partnership’’ mean 
an entity designated by the Board as a Fish Habitat 
Conservation Partnership pursuant to section 5(a). 
(8) FISH
HABITAT
CONSERVATION
PROJECT; 
PROJECT.—The terms ‘‘fish habitat conservation 
project’’ and ‘‘project’’ mean a project submitted to 
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the Board by a Fish Habitat Conservation Partner-
ship and approved by the Secretary under section 6 
that provides for the conservation or management of 
aquatic habitat and that may include— 
(A) the provision of technical assistance to 
a State, Indian tribe, or local community by the 
National Fish Habitat Partnerships Office or 
other agency to facilitate the development of 
strategies and priorities for the conservation of 
aquatic habitats; or 
(B) the obtaining of a real property inter-
est in land or waters, including water rights, if 
the obtaining of such interest is subject to 
terms and conditions that will ensure that the 
real property will be administered for the long- 
term conservation of such lands and waters and 
the fish dependent thereon. 
(9) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(10) NATIONAL FISH HABITAT ACTION PLAN; 
PLAN.—The terms ‘‘National Fish Habitat Action 
Plan’’ and ‘‘Plan’’ mean the National Fish Habitat 
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Action Plan dated April 24, 2006, and any subse-
quent revision or amendment to that Plan. 
(11) 
NATIONAL
FISH
HABITAT
BOARD; 
BOARD.—Except as otherwise provided, the terms 
‘‘National Fish Habitat Board’’ and ‘‘Board’’ mean 
the National Fish Habitat Board established in sec-
tion 4(a). 
(12) REAL
PROPERTY
INTEREST.—The term 
‘‘real property interest’’ means an ownership interest 
in land or waters, including water rights, or a build-
ing or object that is permanently affixed to the land. 
(13) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(14) STATE AGENCY.—The term ‘‘State agen-
cy’’ means the fish and wildlife agency of a State, 
or any department, or division of a department or 
agency of a State that is empowered by statute or 
by the constitution of the State to manage in the 
public trust the inland or marine fishery resources 
of the State. 
SEC. 4. NATIONAL FISH HABITAT BOARD. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established a Na-
tional Fish Habitat Board— 
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(A) to promote, oversee, and coordinate the 
implementation of this Act and the National 
Fish Habitat Action Plan; and 
(B) to review and recommend fish habitat 
conservation projects. 
(2) MEMBERSHIP.—The members of the Board 
shall be as follows: 
(A) The Director. 
(B) The Assistant Administrator. 
(C) The Chief of the Natural Resources 
Conservation Service. 
(D) The Director of the Watershed, Fish, 
Wildlife, Air & Rare Plants program of the For-
est Service. 
(E) The Assistant Administrator for Water 
of the Environmental Protection Agency. 
(F) The President of the Association of 
Fish and Wildlife Agencies. 
(G) The Secretary of the Board of Direc-
tors of the National Fish and Wildlife Founda-
tion appointed pursuant to section 3(g)(2)(B) 
of the National Fish and Wildlife Foundation 
Establishment Act (16 U.S.C. 3702(g)(2)(B)). 
(H) Four representatives of State agencies, 
each 1 of whom is nominated by 1 of the re-
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gions Associations of Fish and Wildlife Agen-
cies (Northeast, Southeast, Midwest, and West-
ern). 
(I) One representative of the American 
Fisheries Society. 
(J) Two representatives of Indian tribes, 1 
of whom shall represent Indian tribes from 
Alaska and 1 of whom shall represent Indian 
tribes from the other States. 
(K) One member who represents the Re-
gional Fishery Management Councils estab-
lished under section 302 of the Magnuson-Ste-
vens Fishery Conservation and Management 
Act (16 U.S.C. 1852). 
(L) One member who represents the Ma-
rine Fisheries Commissions (the Atlantic States 
Marine Fisheries Commission, the Gulf States 
Marine Fisheries Commission, and the Pacific 
States Marine Fisheries Commission). 
(M) 
One 
representative 
from 
the 
Sportfishing and Boating Partnership Council. 
(N) Eleven members each of whom rep-
resents the interests of 1 of the following: 
(i) The recreational sportfishing in-
dustry. 
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(6) REMOVAL.—If a member of the Board de-
scribed in subparagraphs (H) through (N) of sub-
section (a)(2) misses 3 consecutive regularly sched-
uled Board meetings, the members of the Board 
may vote to remove that member and appoint an-
other individual in accordance with paragraph (4). 
(c) CHAIR.— 
(1) ELECTION.—A Chair of the Board shall be 
elected by the Board from among its members. 
(2) TERM.—The Chair of the Board shall serve 
for a term of 3 years. 
(d) MEETINGS.— 
(1) IN GENERAL.—The Board shall meet at the 
call of the Chair but in no case less often than twice 
a year. 
(2) PUBLIC
ACCESS.—All meetings of the 
Board shall be open to the public. 
(e) BOARD PROCEDURES.— 
(1) IN GENERAL.—The Board shall establish 
procedures to carry out the business of the Board 
that include the following: 
(A) A requirement that a quorum of the 
members of the Board be present to transact 
business. 
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(B) A requirement that no recommenda-
tions may be adopted by the Board, except by 
the vote of 2⁄3 of all members present and vot-
ing. 
(C) Procedures for setting national goals 
and priorities for aquatic habitat conservation 
for the purposes of this Act. 
(D) Procedures for designating Fish Habi-
tat Conservation Partnerships under section 5. 
(E) Procedures for reviewing, evaluating, 
and recommending fish habitat conservation 
projects. 
(2) QUORUM.—A majority of the members of 
the Board shall constitute a quorum. 
SEC. 5. FISH HABITAT CONSERVATION PARTNERSHIPS. 
(a) AUTHORITY TO DESIGNATE.—The Board is au-
thorized to designate Fish Habitat Conservation Partner-
ships. 
(b) APPLICATION.—An entity seeking to be des-
ignated as a Fish Habitat Conservation Partnership shall 
submit an application to the Board at such time and in 
such manner as the Board may reasonably require. 
(c) PURPOSES.—The purposes of a Partnership shall 
be— 
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(1) to coordinate implementation of the Plan at 
a regional level; and 
(2) to develop and carry out fish habitat con-
servation projects. 
(d) APPROVAL.—The Board may approve an applica-
tion for a Partnership submitted under subsection (b) if 
the Board determines that the applicant— 
(1) includes representatives of a diverse group 
of public and private partners, including Federal, 
State, or local governments, nonprofit entities, In-
dian tribes, or private individuals, that are focused 
on conservation of aquatic habitats to achieve results 
across jurisdictional boundaries and public and pri-
vate lands; 
(2) is organized to promote the health of impor-
tant aquatic habitats and distinct geographic areas, 
keystone fish species, or system types, including res-
ervoirs, natural lakes, or estuaries; 
(3) identifies strategic fish and aquatic habitat 
priorities for the Partnership area in the form of ge-
ographic focus areas or key stressors or impairments 
to facilitate strategic planning and decisionmaking; 
(4) is able to address issues and priorities at a 
nationally significant scale; 
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(5) includes governance structures that reflect 
the range of all partners and promotes joint stra-
tegic planning and decisionmaking by the applicant; 
(6) demonstrates completion of, or significant 
progress toward the development of, a strategic plan 
to address the causes of system decline in fish popu-
lations rather than simply treating symptoms in ac-
cordance with the Plan; and 
(7) ensures collaboration in developing a stra-
tegic vision and implementation program that is sci-
entifically sound and achievable. 
SEC. 6. FISH HABITAT CONSERVATION PROJECTS. 
(a) SUBMISSION
TO
THE BOARD.—A Partnership 
seeking funding for a fish habitat conservation project 
shall submit an application to the Board for such funding 
at such time and in such manner as the Board may rea-
sonably require. 
(b) RECOMMENDATIONS BY THE BOARD.—Not later 
than July 1 of each year, the Board shall submit to the 
Secretary a description, including estimated costs, of each 
fish habitat conservation project that the Board rec-
ommends that the Secretary approve and fund under this 
Act, in order of priority of the Board’s recommendations, 
for the following fiscal year. 
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(c) CONSIDERATIONS.—The Board shall select each 
project to be recommended to the Secretary under sub-
section (b)— 
(1) based on a recommendation of the Partner-
ship that is, or that will be, participating actively in 
carrying out the project; and 
(2) after consideration of— 
(A) the extent to which the project fulfills 
a purpose of this Act or a goal of the Plan; 
(B) the extent to which the project ad-
dresses the national priorities set by the Board; 
(C) the availability of sufficient non-Fed-
eral funds to match Federal contributions for 
the project, as required by subsection (e); 
(D) the extent to which the project— 
(i) increases fishing opportunities for 
the public; 
(ii) will be carried out through a coop-
erative agreement among Federal, State, 
and local governments, Indian tribes, and 
private entities; 
(iii) increases public access to land 
and waters; and 
(iv) advances the conservation of fish 
and wildlife species that are listed, or are 
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candidates to be listed, as threatened spe-
cies and endangered species under the En-
dangered Species Act of 1973 (16 U.S.C. 
1531 et seq.); and 
(E) the substantiality of the character and 
design of the project. 
(d) LIMITATIONS.— 
(1) REQUIREMENTS
FOR
MONITORING.—No 
fish habitat conservation project may be rec-
ommended by the Board under subsection (b) or 
provided financial assistance under this Act unless 
the project includes a monitoring plan designed to— 
(A) appropriately assess the results of the 
habitat protection, restoration, or enhancement 
activities carried out with such assistance; 
(B) recommend appropriate changes to the 
project if such assessment substantiates that 
the project objectives are not being met; and 
(C) report findings of such assessment to 
the Board. 
(2) ACQUISITION OF REAL PROPERTY INTER-
ESTS.— 
(A) IN
GENERAL.—No fish habitat con-
servation project that will result in the acquisi-
tion by the Secretary, in whole or in part, of 
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any real property interest may be recommended 
by the Board under subsection (b) or provided 
financial assistance under this Act unless the 
project meets the requirements of subparagraph 
(B). 
(B) REQUIREMENTS.— 
(i) IN GENERAL.—Any real property 
interest acquired by the Secretary pursu-
ant to a fish habitat conservation project 
may not be conveyed to a State, another 
public agency, or another entity unless— 
(I) the Secretary determines that 
such State, agency, or other entity is 
obligated to undertake the manage-
ment of the property being conveyed 
in accordance with the purposes of 
this Act; and 
(II) the deed or other instrument 
of transfer contains provisions for the 
reversion of title to the property to 
the United States if such State, agen-
cy, or other entity fails to manage the 
property in accordance with the pur-
poses of this Act. 
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(ii) ADDITIONAL CONVEYANCE CONDI-
TIONS.—Any real property interest ac-
quired by the Secretary pursuant to a fish 
habitat conservation project conveyed as 
described in clause (i) shall be subject to 
such terms and conditions that will ensure 
that the interest will be administered for 
the long-term conservation and manage-
ment of the aquatic ecosystem and the fish 
and wildlife dependent thereon. 
(e) NON-FEDERAL CONTRIBUTION FOR PROJECTS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), no fish habitat conservation project may 
be recommended by the Board under subsection (b) 
or provided financial assistance under this Act un-
less at least 50 percent of the cost of the project will 
be funded with non-Federal funds. 
(2) PROJECTS
ON
FEDERAL
LAND
OR
WA-
TERS.—Notwithstanding paragraph (1), Federal 
funds may be used for payment of 100 percent of 
the costs of a project located on Federal land or wa-
ters, including the acquisition of inholdings within 
such land and waters. 
(3) NON-FEDERAL
SHARE.—The non-Federal 
share of the cost of a project may not be derived 
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from a Federal grant program, but may include in- 
kind contributions and cash. 
(4) SPECIAL RULE FOR ALASKA NATIVE ORGA-
NIZATIONS.—Notwithstanding paragraph (1) or any 
other provision of law, any funds made available to 
an Indian tribe pursuant to this Act may be consid-
ered non-Federal funds for the purpose of paragraph 
(1). 
(f) CONSIDERATION BY THE SECRETARY.— 
(1) IN
GENERAL.—Not later than 180 days 
after receiving the recommendations of the Board 
for fish habitat conservation projects under sub-
section (b), the Secretary shall approve, reject, or re-
order the priority of each such recommendation 
based on, to the greatest extent practicable, the cri-
teria described in subsection (c). 
(2) FUNDING.—If the Secretary approves a 
project, the Secretary shall use amounts made avail-
able pursuant to an authorization of appropriations 
in this Act to provide funds to carry out the project. 
(3) NOTIFICATION BY THE SECRETARY.—If the 
Secretary rejects or reorders the priority of any 
project recommended by the Board under subsection 
(b), the Secretary shall provide to the Board and the 
appropriate Fish Habitat Conservation Partnership 
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a written statement of the reasons that the Sec-
retary rejected or modified the priority of the 
project. 
SEC. 7. NATIONAL FISH HABITAT CONSERVATION PART-
NERSHIP OFFICE. 
(a) REQUIREMENT TO ESTABLISH.—Not later than 
1 year after the date of the enactment of this Act, the 
Director shall create the National Fish Habitat Conserva-
tion Partnership Office within the United States Fish and 
Wildlife Service. 
(b) FUNCTIONS.—The National Fish Habitat Con-
servation Partnership Office shall— 
(1) provide funding for the operational needs of 
the Fish Habitat Conservation Partnerships, includ-
ing funding for activities such as planning, project 
development and implementation, coordination, mon-
itoring, communication, and outreach; 
(2) facilitate the cooperative development and 
approval of Partnerships; 
(3) support the development and implementa-
tion of fish habitat conservation projects that are 
identified as high priorities by the Board; 
(4) assist the Secretary and the Board in car-
rying out this Act; 
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(5) assist the Secretary in carrying out the re-
quirements of section 9; 
(6) facilitate communication, cohesiveness, and 
efficient operations for the benefit of the Partner-
ships and the Board; 
(7) facilitate, with assistance from the Director, 
the Assistant Administrator, and the President of 
the Association of Fish and Wildlife Agencies, the 
consideration of projects by the Board; 
(8) provide support to the Director in the devel-
opment and implementation of the interagency oper-
ational plan required in subsection (c); 
(9) provide technical and scientific assistance 
pursuant to the technical and scientific assistance 
program required by subsection (d); and 
(10) coordinate and facilitate the resources and 
activities of the agencies and departments of the 
United States to carry out this Act in an efficient 
manner. 
(c) INTERAGENCY OPERATIONAL PLAN.—Not later 
than 1 year after the date of the enactment of this Act 
and every 5 years thereafter, the Director, in cooperation 
with the Assistant Administrator and the heads of other 
appropriate Federal agencies and departments, shall de-
velop an interagency operational plan for the National 
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Fish Habitat Conservation Partnership Office that de-
scribes— 
(1) the functional, operational, technical, sci-
entific and general staff, administrative, and mate-
rial needs of the Office; and 
(2) any interagency agreements between or 
among Federal agencies or departments to address 
such needs. 
(d) TECHNICAL AND SCIENTIFIC ASSISTANCE.—The 
Director, in coordination with the Assistance Adminis-
trator and the heads of the United States Geological Sur-
vey, the Forest Service, and other appropriate Federal 
agencies and departments, shall develop a technical and 
scientific assistance program within the National Fish 
Habitat Conservation Partnership Office— 
(1) to provide scientific and technical assistance 
to States, Indian tribes, regions, local communities, 
and nongovernmental organizations in the develop-
ment and implementation of Fish Habitat Conserva-
tion Partnerships; and 
(2) to ensure the availability of expertise to con-
duct scientifically based evaluation and reporting of 
results of fish habitat conservation projects to meet 
the reporting requirements described in section 10. 
(e) STAFF AND SUPPORT.— 
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SEC. 8. CONSERVATION OF AQUATIC HABITAT FOR FISH 
AND OTHER AQUATIC ORGANISMS ON FED-
ERAL LAND. 
The head of each Federal agency or department re-
sponsible for acquiring, managing, or disposing of Federal 
land and waters shall, to the extent consistent with the 
mission of such agency or department and existing statu-
tory authorities, cooperate with the Assistant Adminis-
trator and the Director to conserve the aquatic habitats 
for fish and other aquatic organisms within the land and 
waters of each such agency. 
SEC. 9. COORDINATION WITH STATES. 
The Secretary shall notify and coordinate with the 
State agency of a State not later than 30 days prior to 
the date that any action is planned or carried out within 
the State related to the implementation of this Act. 
SEC. 10. ACCOUNTABILITY AND REPORTING. 
(a) IMPLEMENTATION REPORTS.— 
(1) REQUIREMENT
FOR
REPORTS.—Not later 
than 2 years after the date of the enactment of this 
Act, and every 2 years thereafter, the Board shall 
submit to the appropriate congressional committees 
a report on the implementation of this Act and of 
the Plan. 
(2) CONTENT.—Each report submitted under 
paragraph (1) shall include— 
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(A) an estimate of the number of acres, 
stream miles, or acre feet of aquatic habitat, or 
other suitable measures of aquatic habitat, that 
was protected, restored, or enhanced under the 
Plan by Federal, State, or local governments, 
Indian tribes, or other entities in the United 
States during the previous 2-year period; 
(B) a description of the public access to 
aquatic habitats protected, restored, or created 
under the Plan during such period; 
(C) a description of the opportunities for 
public fishing created under the Plan during 
such period; and 
(D) an assessment of the status of fish 
habitat conservation projects carried out with 
funds provided under this Act, disaggregated by 
year, including— 
(i) a description of the fish habitat 
conservation projects that the Board rec-
ommended under section 6(b); 
(ii) a description of each such project 
approved by the Secretary under section 
6(f), in order of priority of receiving such 
funding; 
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(iii) a justification for the approval of 
each such project and for the order of pri-
ority for its funding; 
(iv) a justification for any rejection or 
reordering of the priority of each such 
project recommended by the Board under 
section 6(b) that was based on factors 
other than the criteria set out in section 
6(c); and 
(v) an accounting of expenditures by 
Federal, State, or local governments, In-
dian tribes, or other entities in the United 
States to carry out such projects. 
(b) STATUS AND TRENDS REPORT.—Not later than 
December 31, 2010, and every 5 years thereafter, the 
Board shall submit to the appropriate congressional com-
mittees a report on the status of aquatic habitats in the 
United States. 
(c) REVISIONS TO THE PLAN.—Not later than De-
cember 31, 2011, and every 5 years thereafter, the Board 
shall undertake to revise the goals and other elements of 
the Plan after consideration of each report required by 
subsection (b). 
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SEC. 11. REGULATIONS. 
The Secretary may promulgate regulations to carry 
out this Act. 
SEC. 12. CONSTRUCTION. 
(a) WATER RIGHTS.— 
(1) IN GENERAL.—Nothing in this Act may be 
construed— 
(A) to create a reserved water right, ex-
pressed or implied, in the United States for any 
purpose or to affect any water right in existence 
on the date of the enactment of this Act; or 
(B) to affect any Federal or State law in 
existence on the date of the enactment of the 
Act regarding water quality or water quantity. 
(2) AUTHORITY TO ACQUIRE WATER RIGHTS.— 
The Secretary may acquire, under State law, water 
rights that are needed to carry out this Act. 
(b) STATE AUTHORITY.—Nothing in this Act may be 
construed— 
(1) to affect the authority, jurisdiction, or re-
sponsibility of a State to manage, control, or regu-
late fish and wildlife under the laws and regulations 
of the State; or 
(2) to authorize the Secretary to control or reg-
ulate within a State the fishing or hunting of fish 
and wildlife within the State. 
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(c) CONSTRUCTION WITH RESPECT TO RIGHTS OF 
INDIAN TRIBES.—Nothing in this Act may be construed 
to abrogate, abridge, affect, modify, supersede, or alter 
any treaty-reserved right or other right of an Indian tribe 
as recognized by any other means, including agreements 
with the United States, Federal law, Executive orders, 
statutes, and judicial decrees. 
(d) CONSTRUCTION WITH RESPECT TO SUITS FOR 
ADJUDICATION OF WATER RIGHTS.—Nothing in this Act 
diminishes or affects the ability of the Secretary to join 
an adjudication of rights to the use of water pursuant to 
subsections (a), (b), and (c) of section 208 of the Depart-
ment of Justice Appropriation Act (43 U.S.C. 666). 
(e) CONSTRUCTION WITH RESPECT TO OTHER AU-
THORITIES.— 
(1) ACQUISITION
OF
LANDS
AND
WATERS.— 
Nothing in this Act may be construed to alter or 
otherwise affect the authorities, responsibilities, obli-
gations, or powers of the Secretary to acquire land 
or waters or interests therein under any other provi-
sion of law. 
(2) PRIVATE PROPERTY PROTECTION.—Nothing 
in this Act may be construed to permit funds made 
available to carry out this Act to be used to acquire 
any real property or any interest in any real prop-
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erty without the written consent of each owner of 
that property or interest in property. 
(3) MITIGATION.—Nothing in this Act may be 
construed to permit funds made available to carry 
out this Act to be used for fish and wildlife mitiga-
tion purposes under the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.), the Fish and 
Wildlife Coordination Act (16 U.S.C. 661 et seq.), 
or the Water Resources Development Act of 1986 
(Public Law 99–662; 100 Stat. 4082). 
SEC. 13. APPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT. 
Any action taken to coordinate the carrying out of 
this Act with the personnel of a State agency shall not 
be subject to the Federal Advisory Committee Act (5 
U.S.C. App). 
SEC. 14. FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.— 
(1) FISH HABITAT CONSERVATION PROJECTS.— 
There are authorized to be appropriated to the Sec-
retary for each of the fiscal years 2009 through 
2013, $75,000,000 to provide funds for fish habitat 
conservation projects approved under section 6(f), of 
which 5 percent shall be made available each fiscal 
year for projects carried out by Indian tribes. 
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(2) NATIONAL
FISH
HABITAT
CONSERVATION 
PARTNERSHIP OFFICE.—There are authorized to be 
appropriated to the Secretary for each of the fiscal 
years 2009 through 2013, $3,000,000 or 25 percent 
of the amount appropriated for such fiscal year pur-
suant to paragraph (1), whichever is greater, for the 
National Fish Habitat Conservation Partnership Of-
fice. 
(3) PLANNING, REPORTING, AND ADMINISTRA-
TIVE EXPENSES.—There are authorized to be appro-
priated to the Secretary for each of the fiscal years 
2009 through 2013, $300,000 or 4 percent of the 
amount appropriated for such year under paragraph 
(1), whichever is greater, for the Board, the Direc-
tor, and the Assistant Administrator to utilize for 
planning and administrative expenses, and to carry 
out section 10. 
(4) AVAILABILITY
OF
FUNDS.—Funds made 
available under this subsection shall remain available 
until expended. 
(b) AGREEMENTS
AND
GRANTS.—The Secretary 
may— 
(1) upon the recommendation of the Board, and 
notwithstanding sections 6304 and 6305 of title 31, 
United States Code, and the Federal Financial As-
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sistance Management Improvement Act of 1999 
(Public Law 106–107; 31 U.S.C. 6101 note), enter 
into a cooperative agreement or contract with a Fish 
Habitat Conservation Partnership for fish habitat 
conservation, restoration, and enhancement projects; 
(2) apply for, accept, and use grants from any 
person or entity to carry out the purposes of this 
Act; and 
(3) make funds available to any Federal agency 
or department for use by that agency or department 
to award grants for any fish habitat protection, res-
toration, and enhancement project that the Sec-
retary determines to be consistent with this Act. 
(c) DONATIONS.— 
(1) IN GENERAL.—The Secretary may— 
(A) enter into an agreement with any orga-
nization described in section 501(c)(3) of the 
Internal Revenue Code of 1986 and exempt 
from taxation under section 501(a) of such 
Code to solicit private donations to carry out 
the purposes and policies of this Act; and 
(B) accept donations of funds, property, 
and services for use in carrying out the pur-
poses and policies of this Act. 
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(2) TREATMENT
OF
DONATIONS.—Donations 
accepted under this section shall be considered as 
gifts or bequests to, or for the use of, the United 
States and may be used directly by the Secretary or 
provided to other Federal agencies or departments 
through interagency agreements. 
Æ 
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