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‘‘(7) FEDERAL APPROVAL.—In order to be eligi-
ble for a grant under subsection (c), a coastal State 
must have its plan developed under this subsection 
approved by the Secretary. 
‘‘(8) GUIDELINES.—Within 180 days after the 
date of enactment of this section, the Secretary, in 
consultation with the coastal States, shall issue 
guidelines for the implementation of the grant pro-
gram established under this subsection. 
‘‘(c) COASTAL
CLIMATE
CHANGE
ADAPTATION 
PROJECT IMPLEMENTATION GRANTS.— 
‘‘(1) IN GENERAL.—The Secretary, subject to 
the availability of appropriations, may make grants 
to any coastal State that has a climate change adap-
tation plan approved under subsection (b)(7), in 
order to support projects that implement strategies 
contained within such plans. 
‘‘(2) PROGRAM
REQUIREMENTS.—The Sec-
retary, within 90 days after approval of the first 
plan approved under subsection (b)(7), shall publish 
in the Federal Register requirements regarding ap-
plications, allocations, eligible activities, and all 
terms and conditions for grants awarded under this 
subsection. No less than 30 percent, and no more 
than 50 percent, of the funds appropriated in any 
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fiscal year for grants under this subsection shall be 
awarded through a merit-based competitive process. 
‘‘(3) ELIGIBLE
ACTIVITIES.—The Secretary 
may award grants to coastal States to implement 
projects in the coastal zone to address stress factors 
in order to improve coastal climate change adapta-
tion, including the following: 
‘‘(A) Activities to address physical disturb-
ances within the coastal zone, especially activi-
ties related to public facilities and public serv-
ices, tourism, sedimentation, ocean acidification, 
coastal acidification, hypoxia, harmful algal 
blooms, and other factors negatively impacting 
coastal waters. 
‘‘(B) Monitoring, control, or eradication of 
disease organisms and invasive species. 
‘‘(C) Activities to address the loss, deg-
radation, or fragmentation of wildlife habitat 
through projects to establish or protect marine, 
avian, and terrestrial habitat buffers, wildlife 
refugia, other wildlife refuges, or networks 
thereof, preservation of migratory wildlife cor-
ridors and other transition zones, and restora-
tion of fish, avian, and wildlife habitat. 
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‘‘(D) Projects to reduce, mitigate, or other-
wise address likely impacts caused by natural 
hazards in the coastal zone, including sea level 
rise, coastal inundation, storm water manage-
ment, coastal erosion and subsidence, severe 
weather 
events 
such 
as 
cyclonic 
storms, 
tsunamis and other seismic threats, and fluc-
tuating Great Lakes water levels. The Secretary 
shall give priority to projects that utilize green 
infrastructure solutions. 
‘‘(E) Projects to adapt existing infrastruc-
ture, including enhancements to both built and 
natural environments, such as sea walls and liv-
ing shorelines. 
‘‘(F) Provision of technical training and 
assistance to local coastal policy makers to in-
crease awareness of science, management, and 
technology 
information 
related 
to 
climate 
change and adaptation strategies. 
‘‘(G) Projects to assess the impact on 
coastal resiliency of water level regulating prac-
tices on the Great Lakes. 
‘‘(H) Activities or projects to address the 
immediate and long-term degradation or loss of 
coral and coral reefs in response to bacteria, 
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fungi, viruses, increased sea surface tempera-
tures, ultraviolet radiation, and pollutants. 
‘‘(4) PROMOTION AND USE OF NATIONAL ESTU-
ARINE RESEARCH RESERVES.—The Secretary shall 
promote and encourage the use of National Estua-
rine Research Reserves as sites for pilot or dem-
onstration projects carried out with grants awarded 
under this section.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
318(a) of the Coastal Zone Management Act of 1972 (16 
U.S.C. 1464(a)) is amended— 
(1) by striking ‘‘and’’ after the semicolon at the 
end of paragraph (1); 
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) for grants under section 323, such sums 
as are necessary.’’. 
(c) INTENT OF CONGRESS.—Nothing in this section 
shall be construed to require any coastal State to amend 
or modify its approved management program pursuant to 
section 306(e) of the Coastal Zone Management Act of 
1972 (16 U.S.C. 1455(e)) or to extend the enforceable 
policies of a coastal State beyond the coastal zone as iden-
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tified in the coastal State’s approved management pro-
gram. 
SEC. 107. UPDATE TO ENVIRONMENTAL SENSITIVITY INDEX 
PRODUCTS OF NATIONAL OCEANIC AND AT-
MOSPHERIC ADMINISTRATION FOR GREAT 
LAKES. 
(a) UPDATE REQUIRED ENVIRONMENTAL SENSI-
TIVITY INDEX PRODUCTS FOR GREAT LAKES.—Not later 
than 180 days after the date of the enactment of this Act, 
the Under Secretary for Oceans and Atmosphere shall 
commence updating the environmental sensitivity index 
products of the National Oceanic and Atmospheric Admin-
istration for each coastal area of the Great Lakes. 
(b) PERIODIC UPDATES FOR ENVIRONMENTAL SEN-
SITIVITY INDEX PRODUCTS GENERALLY.—Subject to the 
availability of appropriations and the priorities set forth 
in subsection (c), the Under Secretary shall— 
(1) periodically update the environmental sensi-
tivity index products of the Administration; and 
(2) endeavor to do so not less frequently than 
once every 7 years. 
(c) PRIORITIES.—When prioritizing geographic areas 
to update environmental sensitivity index products, the 
Under Secretary shall consider— 
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(1) the age of existing environmental sensitivity 
index products for the areas; 
(2) the occurrence of extreme events, be it nat-
ural or man-made, which have significantly altered 
the shoreline or ecosystem since the last update; 
(3) the natural variability of shoreline and 
coastal environment; and 
(4) the volume of vessel traffic and general vul-
nerability to spilled pollutants. 
(d) ENVIRONMENTAL SENSITIVITY INDEX PRODUCT 
DEFINED.—In this subsection, the term ‘‘environmental 
sensitivity index product’’ means a map or similar tool 
that is utilized to identify sensitive shoreline, coastal or 
offshore, resources prior to an oil spill event in order to 
set baseline priorities for protection and plan cleanup 
strategies, typically including information relating to 
shoreline type, biological resources, and human use re-
sources. 
(e) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be 
appropriated to the Under Secretary $7,500,000 to 
carry out subsection (a). 
(2) AVAILABILITY.—Amounts appropriated or 
otherwise made available pursuant to paragraph (1) 
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shall be available to the Under Secretary for the 
purposes set forth in such paragraph until expended. 
SEC. 108. PRIZE COMPETITIONS. 
(a) IN GENERAL.—The Secretary may carry out a 
program to award prizes competitively under section 24 
of the Stevenson-Wydler Technology Innovation Act of 
1980 (15 U.S.C. 3719), for the purpose described in sub-
section (b). 
(b) PURPOSE.—The purpose described in this sub-
section is to stimulate innovation to advance the following 
coastal risk reduction and resilience measures: 
(1) Natural features, including dunes, reefs, 
and wetlands. 
(2) Nature-based features, including beach 
nourishment, dune restoration, wetland and other 
coastal habitat restoration, and living shoreline con-
struction. 
(3) Nonstructural measures, including flood 
proofing of structures, flood warning systems, and 
elevated development. 
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SEC. 109. CATALOG OF RESEARCH ON APPLICABLE COAST-
AL RISK REDUCTION AND RESILIENCE MEAS-
URES. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Commerce, 
acting through the Administrator, shall— 
(1) identify all Department of Commerce re-
search activities regarding applicable coastal risk re-
duction and resilience measures; 
(2) consult with the heads of other Federal 
agencies to identify what activities, if any, those 
Federal agencies are conducting regarding applicable 
coastal risk reduction and resilience measures; 
(3) evaluate the effectiveness of the activities 
identified under paragraphs (1) and (2); and 
(4) appoint one or more officers or employees of 
the National Oceanic and Atmospheric Administra-
tion to liaise with non-Federal entities conducting 
research related to applicable coastal risk reduction 
and resilience measures in order to eliminate 
redundancies, cooperate for common climate re-
search goals, and to make research findings readily 
available to the public. 
(b) DEFINITION OF APPLICABLE COASTAL RISK RE-
DUCTION AND RESILIENCE MEASURES.—In this section, 
the term ‘‘applicable coastal risk reduction and resilience 
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measures’’ means natural features, nature-based features, 
or nonstructural measures. 
TITLE II—FISHERY RESEARCH 
AND CONSERVATION 
Subtitle A—National Fish Habitat 
Conservation Through Partner-
ships 
SEC. 201. PURPOSE. 
The purpose of this subtitle is to encourage partner-
ships among public agencies and other interested persons 
to promote fish conservation— 
(1) to achieve measurable habitat conservation 
results through strategic actions of Fish Habitat 
Partnerships that lead to better fish habitat condi-
tions and increased fishing opportunities by— 
(A) improving ecological conditions; 
(B) restoring natural processes; or 
(C) preventing the decline of intact and 
healthy systems; 
(2) to establish a consensus set of national con-
servation strategies as a framework to guide future 
actions and investment by Fish Habitat Partner-
ships; 
(3) to broaden the community of support for 
fish habitat conservation by— 
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(A) increasing fishing opportunities; 
(B) fostering the participation of local 
communities, especially young people in local 
communities, in conservation activities; and 
(C) raising public awareness of the role 
healthy fish habitat play in the quality of life 
and economic well-being of local communities; 
(4) to fill gaps in the National Fish Habitat As-
sessment and the associated database of the Na-
tional Fish Habitat Assessment— 
(A) to empower strategic conservation ac-
tions supported by broadly available scientific 
information; and 
(B) to integrate socioeconomic data in the 
analysis to improve the lives of humans in a 
manner consistent with fish habitat conserva-
tion goals; and 
(5) to communicate to the public and conserva-
tion partners— 
(A) the conservation outcomes produced 
collectively by Fish Habitat Partnerships; and 
(B) new opportunities and voluntary ap-
proaches for conserving fish habitat. 
SEC. 202. DEFINITIONS. 
In this subtitle: 
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(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Commerce, Science, 
and Transportation and the Committee on En-
vironment and Public Works of the Senate; and 
(B) the Committee on Natural Resources 
of the House of Representatives. 
(2) BOARD.—The term ‘‘Board’’ means the Na-
tional Fish Habitat Board established by section 
203. 
(3) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the United States Fish and Wildlife 
Service. 
(4) ENVIRONMENTAL PROTECTION AGENCY AS-
SISTANT
ADMINISTRATOR.—The term ‘‘Environ-
mental Protection Agency Assistant Administrator’’ 
means the Assistant Administrator for Water of the 
Environmental Protection Agency. 
(5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given to the term ‘‘Indian tribe’’ in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304). 
(6) NATIONAL OCEANIC AND ATMOSPHERIC AD-
MINISTRATION
ASSISTANT
ADMINISTRATOR.—The 
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term ‘‘National Oceanic and Atmospheric Adminis-
tration Assistant Administrator’’ means the Assist-
ant Administrator for Fisheries of the National Oce-
anic and Atmospheric Administration. 
(7) PARTNERSHIP.—The term ‘‘Partnership’’ 
means an entity designated by Congress as a Fish 
Habitat Partnership under section 204. 
(8) REAL
PROPERTY
INTEREST.—The term 
‘‘real property interest’’ means an ownership interest 
in— 
(A) land; or 
(B) water (including water rights). 
(9) MARINE
FISHERIES
COMMISSIONS.—The 
term ‘‘Marine Fisheries Commissions’’ means— 
(A) the Atlantic States Marine Fisheries 
Commission; 
(B) the Gulf States Marine Fisheries Com-
mission; and 
(C) the Pacific States Marine Commission. 
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(11) STATE.—The term ‘‘State’’ means each of 
the several States, Puerto Rico, American Samoa, 
Guam, the Northern Mariana Islands, the United 
States Virgin Islands, and the District of Columbia. 
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(12) STATE AGENCY.—The term ‘‘State agen-
cy’’ means— 
(A) the fish and wildlife agency of a State; 
and 
(B) any department or division of a de-
partment or agency of a State that manages in 
the public trust the inland or marine fishery re-
sources of the State or sustains the habitat for 
those fishery resources pursuant to State law or 
the constitution of the State. 
SEC. 203. NATIONAL FISH HABITAT BOARD. 
(a) ESTABLISHMENT.— 
(1) FISH
HABITAT
BOARD.—There is estab-
lished a board, to be known as the ‘‘National Fish 
Habitat Board’’, whose duties are— 
(A) to promote, oversee, and coordinate the 
implementation of this subtitle; 
(B) to establish national goals and prior-
ities for fish habitat conservation; 
(C) to recommend to Congress entities for 
designation as Partnerships; and 
(D) to review and make recommendations 
regarding fish habitat conservation projects. 
(2) MEMBERSHIP.—The Board shall be com-
posed of 26 members, of whom— 
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(A) one shall be a representative of the De-
partment of the Interior; 
(B) one shall be a representative of the 
United States Geological Survey; 
(C) one shall be a representative of the De-
partment of Commerce; 
(D) one shall be a representative of the 
Department of Agriculture; 
(E) one shall be a representative of the As-
sociation of Fish and Wildlife Agencies; 
(F) four shall be representatives of State 
agencies, one of whom shall be nominated by a 
regional association of fish and wildlife agencies 
from each of the Northeast, Southeast, Mid-
west, and Western regions of the United States; 
(G) two shall be representatives of either— 
(i) Indian Tribes in the State of Alas-
ka; or 
(ii) Indian Tribes in States other than 
the State of Alaska; 
(H) one shall be a representative of ei-
ther— 
(i) the Regional Fishery Management 
Councils established under section 302 of 
the Magnuson-Stevens Fishery Conserva-
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tion and Management Act (16 U.S.C. 
1852); or 
(ii) a representative of the Marine 
Fisheries Commissions; 
(I) one shall be a representative of the 
Sportfishing and Boating Partnership Council; 
(J) seven shall be representatives selected 
from at least one from each of the following: 
(i) the recreational sportfishing indus-
try; 
(ii) the commercial fishing industry; 
(iii) marine recreational anglers; 
(iv) freshwater recreational anglers; 
(v) habitat conservation organizations; 
and 
(vi) science-based fishery organiza-
tions; 
(K) one shall be a representative of a na-
tional private landowner organization; 
(L) one shall be a representative of an ag-
ricultural production organization; 
(M) one shall be a representative of local 
government interests involved in fish habitat 
restoration; 
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(N) two shall be representatives from dif-
ferent sectors of corporate industries, which 
may include— 
(i) natural resource commodity inter-
ests, such as petroleum or mineral extrac-
tion; 
(ii) natural resource user industries; 
and 
(iii) industries with an interest in fish 
and fish habitat conservation; and 
(O) one shall be a leadership private sector 
or landowner representative of an active part-
nership. 
(3) COMPENSATION.—A member of the Board 
shall serve without compensation. 
(4) TRAVEL
EXPENSES.—A member of the 
Board may be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for 
an employee of an agency under subchapter I of 
chapter 57 of title 5, United States Code, while 
away from the home or regular place of business of 
the member in the performance of the duties of the 
Board. 
(b) APPOINTMENT AND TERMS.— 
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(1) IN
GENERAL.—Except as otherwise pro-
vided in this section, a member of the Board de-
scribed in any of subparagraphs (F) through (O) of 
subsection (a)(2) shall serve for a term of 3 years. 
(2) INITIAL BOARD MEMBERSHIP.— 
(A) IN GENERAL.—The initial Board shall 
consist of representatives as described in sub-
paragraphs (A) through (F) of subsection 
(a)(2). 
(B) REMAINING
MEMBERS.—Not later 
than 60 days after the date of enactment of 
this Act, the representatives of the initial Board 
under subparagraph (A) shall appoint the re-
maining members of the Board described in 
subparagraphs (H) through (O) of subsection 
(a)(2). 
(C) TRIBAL REPRESENTATIVES.—Not later 
than 60 days after the enactment of this Act, 
the Secretary shall provide to the Board a rec-
ommendation of not fewer than three Tribal 
representatives, from which the Board shall ap-
point one representative pursuant to subpara-
graph (G) of subsection (a)(2). 
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(3) STAGGERED TERMS.—Of the members de-
scribed in subsection (a)(2)(J) initially appointed to 
the Board— 
(A) two shall be appointed for a term of 1 
year; 
(B) two shall be appointed for a term of 2 
years; and 
(C) three shall be appointed for a term of 
3 years. 
(4) VACANCIES.— 
(A) IN GENERAL.—A vacancy of a member 
of the Board described in subparagraph (H), 
(I), (J), (K), (L), (M), (N), or (O) of sub-
section (a)(2) shall be filled by an appointment 
made by the remaining members of the Board. 
(B) 
TRIBAL
REPRESENTATIVES.—Fol-
lowing a vacancy of a member of the Board de-
scribed in subparagraph (G) of subsection 
(a)(2), the Secretary shall recommend to the 
Board a list of not fewer than three Tribal rep-
resentatives, from which the remaining mem-
bers of the Board shall appoint a representative 
to fill the vacancy. 
(5) CONTINUATION OF SERVICE.—An individual 
whose term of service as a member of the Board ex-
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pires may continue to serve on the Board until a 
successor is appointed. 
(6) REMOVAL.—If a member of the Board de-
scribed in any of subparagraphs (H) through (O) of 
subparagraph (a)(2) misses three consecutive regu-
larly scheduled Board meetings, the members of the 
Board may— 
(A) vote to remove that member; and 
(B) appoint another individual in accord-
ance with paragraph (4). 
(c) CHAIRPERSON.— 
(1) IN
GENERAL.—The representative of the 
Association of Fish and Wildlife Agencies appointed 
under subsection (a)(2)(E) shall serve as Chair-
person of the Board. 
(2) TERM.—The Chairperson of the Board shall 
serve for a term of 3 years. 
(d) MEETINGS.— 
(1) IN GENERAL.—The Board shall meet— 
(A) at the call of the Chairperson; but 
(B) not less frequently than twice each cal-
endar year. 
(2) PUBLIC
ACCESS.—All meetings of the 
Board shall be open to the public. 
(e) PROCEDURES.— 
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(1) IN GENERAL.—The Board shall establish 
procedures to carry out the business of the Board, 
including— 
(A) a requirement that a quorum of the 
members of the Board be present to transact 
business; 
(B) a requirement that no recommenda-
tions may be adopted by the Board, except by 
the vote of two-thirds of all members; 
(C) procedures for establishing national 
goals and priorities for fish habitat conservation 
for the purposes of this subtitle; 
(D) procedures for designating Partner-
ships under section 204; and 
(E) procedures for reviewing, evaluating, 
and making recommendations regarding fish 
habitat conservation projects. 
(2) QUORUM.—A majority of the members of 
the Board shall constitute a quorum. 
SEC. 204. FISH HABITAT PARTNERSHIPS. 
(a) AUTHORITY TO RECOMMEND.—The Board may 
recommend to Congress the designation of Fish Habitat 
Partnerships in accordance with this section. 
(b) PURPOSES.—The purposes of a Partnership shall 
be— 
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(1) to work with other regional habitat con-
servation programs to promote cooperation and co-
ordination to enhance fish populations and fish habi-
tats; 
(2) to engage local and regional communities to 
build support for fish habitat conservation; 
(3) to involve diverse groups of public and pri-
vate partners; 
(4) to develop collaboratively a strategic vision 
and achievable implementation plan that is scientif-
ically sound; 
(5) to leverage funding from sources that sup-
port local and regional partnerships; 
(6) to use adaptive management principles, in-
cluding 
evaluation 
of 
project 
success 
and 
functionality; 
(7) to develop appropriate local or regional 
habitat evaluation and assessment measures and cri-
teria that are compatible with national habitat con-
dition measures; and 
(8) to implement local and regional priority 
projects that improve conditions for fish and fish 
habitat. 
(c) CRITERIA FOR DESIGNATION.—An entity seeking 
to be designated by Congress as a Partnership shall— 
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(1) submit to the Board an application at such 
time, in such manner, and containing such informa-
tion as the Board may reasonably require; and 
(2) demonstrate to the Board that the entity 
has— 
(A) a focus on promoting the health of im-
portant fish and fish habitats; 
(B) an ability to coordinate the implemen-
tation of priority projects that support the goals 
and national priorities set by the Board that 
are within the Partnership boundary; 
(C) a self-governance structure that sup-
ports the implementation of strategic priorities 
for fish habitat; 
(D) the ability to develop local and re-
gional relationships with a broad range of enti-
ties to further strategic priorities for fish and 
fish habitat; 
(E) a strategic plan that details required 
investments for fish habitat conservation that 
addresses the strategic fish habitat priorities of 
the Partnership and supports and meets the 
strategic priorities of the Board; 
(F) the ability to develop and implement 
fish habitat conservation projects that address 
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strategic priorities of the Partnership and the 
Board; and 
(G) the ability to develop fish habitat con-
servation priorities based on sound science and 
data, the ability to measure the effectiveness of 
fish habitat projects of the Partnership, and a 
clear plan as to how Partnership science and 
data components will be integrated with the 
overall Board science and data effort. 
(d) REQUIREMENTS FOR RECOMMENDATION TO CON-
GRESS.—The Board may recommend to Congress for des-
ignation an application for a Partnership submitted under 
subsection (c) if the Board determines that the appli-
cant— 
(1) meets the criteria described in subsection 
(c)(2); 
(2) identifies representatives to provide support 
and technical assistance to the Partnership from a 
diverse group of public and private partners, which 
may include State or local governments, nonprofit 
entities, Indian Tribes, and private individuals, that 
are focused on conservation of fish habitats to 
achieve results across jurisdictional boundaries on 
public and private land; 
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(3) is organized to promote the health of impor-
tant fish species and important fish habitats, includ-
ing reservoirs, natural lakes, coastal and marine en-
vironments, coral reefs, and estuaries; 
(4) identifies strategic fish and fish habitat pri-
orities for the Partnership area in the form of geo-
graphical focus areas or key stressors or impair-
ments to facilitate strategic planning and decision 
making; 
(5) is able to address issues and priorities on a 
nationally significant scale; 
(6) includes a governance structure that— 
(A) reflects the range of all partners; and 
(B) promotes joint strategic planning and 
decision making by the applicant; 
(7) demonstrates completion of, or significant 
progress toward the development of, a strategic plan 
to address declines in fish populations, rather than 
simply treating symptoms, in accordance with the 
goals and national priorities established by the 
Board; and 
(8) promotes collaboration in developing a stra-
tegic vision and implementation program that is sci-
entifically sound and achievable. 
(e) REPORT TO CONGRESS.— 
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(1) IN GENERAL.—Not later than February 1 
of the first fiscal year beginning after the date of en-
actment of this Act and each February 1 thereafter, 
the Board shall develop and submit to the appro-
priate congressional committees an annual report, to 
be entitled ‘‘Report to Congress on Future Fish 
Habitat Partnerships and Modifications’’, that— 
(A) identifies each entity that— 
(i) meets the requirements described 
in subsection (d); and 
(ii) the Board recommends to Con-
gress for designation as a Partnership; 
(B) describes any proposed modifications 
to a Partnership previously designated by Con-
gress under subsection (f); 
(C) with respect to each entity rec-
ommended for designation as a Partnership, de-
scribes, to the maximum extent practicable— 
(i) the purpose of the recommended 
Partnership; and 
(ii) how the recommended Partnership 
fulfills the requirements described in sub-
section (d). 
(2) PUBLIC
AVAILABILITY; NOTIFICATION.— 
The Board shall— 
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(A) make the report publicly available, in-
cluding on the internet; and 
(B) provide to the appropriate congres-
sional committees and the State agency of any 
State included in a recommended Partnership 
area written notification of the public avail-
ability of the report. 
(f) DESIGNATION OR MODIFICATION OF PARTNER-
SHIP.—Congress shall have the exclusive authority to des-
ignate or modify a Partnership. 
(g) EXISTING PARTNERSHIPS.— 
(1) DESIGNATION REVIEW.—Not later than 5 
years after the date of enactment of this Act, any 
partnership receiving Federal funds as of the date of 
enactment of this Act shall be subject to a designa-
tion review by Congress in which Congress shall 
have the opportunity to designate the partnership 
under subsection (f). 
(2) INELIGIBILITY
FOR
FEDERAL
FUNDS.—A 
partnership referred to in paragraph (1) that Con-
gress does not designate as described in that para-
graph shall be ineligible to receive Federal funds 
under this subtitle. 
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SEC. 205. FISH HABITAT CONSERVATION PROJECTS. 
(a) SUBMISSION TO BOARD.—Not later than March 
31 of each year, each Partnership shall submit to the 
Board a list of priority fish habitat conservation projects 
recommended by the Partnership for annual funding 
under this subtitle. 
(b) RECOMMENDATIONS BY BOARD.—Not later than 
July 1 of each year, the Board shall submit to the Sec-
retary a priority list of fish habitat conservation projects 
that includes a description, including estimated costs, of 
each project that the Board recommends that the Sec-
retary approve and fund under this subtitle for the fol-
lowing fiscal year. 
(c) CRITERIA
FOR
PROJECT
SELECTION.—The 
Board shall select each fish habitat conservation project 
recommended to the Secretary under subsection (b) after 
taking into consideration, at a minimum, the following in-
formation: 
(1) A recommendation of the Partnership that 
is, or will be, participating actively in implementing 
the fish habitat conservation project. 
(2) The capabilities and experience of project 
proponents to implement successfully the proposed 
project. 
(3) The extent to which the fish habitat con-
servation project— 
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(A) fulfills a local or regional priority that 
is directly linked to the strategic plan of the 
Partnership and is consistent with the purpose 
of this subtitle; 
(B) addresses the national priorities estab-
lished by the Board; 
(C) is supported by the findings of the 
habitat assessment of the Partnership or the 
Board, and aligns or is compatible with other 
conservation plans; 
(D) identifies appropriate monitoring and 
evaluation measures and criteria that are com-
patible with national measures; 
(E) provides a well-defined budget linked 
to deliverables and outcomes; 
(F) leverages other funds to implement the 
project; 
(G) addresses the causes and processes be-
hind the decline of fish or fish habitats; and 
(H) includes an outreach or education 
component that includes the local or regional 
community. 
(4) The availability of sufficient non-Federal 
funds to match Federal contributions for the fish 
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habitat conservation project, as required by sub-
section (e). 
(5) The extent to which the fish habitat con-
servation project— 
(A) will increase fish populations in a man-
ner that leads to recreational fishing opportuni-
ties for the public; 
(B) will be carried out through a coopera-
tive agreement among Federal, State, and local 
governments, Indian Tribes, and private enti-
ties; 
(C) increases public access to land or 
water for fish and wildlife-dependent rec-
reational opportunities; 
(D) advances the conservation of fish and 
wildlife species that have been identified by a 
State agency as species of greatest conservation 
need; 
(E) where appropriate, advances the con-
servation of fish and fish habitats under the 
Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) and 
other relevant Federal law and State wildlife 
action plans; and 
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(F) promotes strong and healthy fish habi-
tats so that desired biological communities are 
able to persist and adapt. 
(6) The substantiality of the character and de-
sign of the fish habitat conservation project. 
(d) LIMITATIONS.— 
(1) REQUIREMENTS
FOR
EVALUATION.—No 
fish habitat conservation project may be rec-
ommended by the Board under subsection (b) or 
provided financial assistance under this subtitle un-
less the fish habitat conservation project includes an 
evaluation plan designed using applicable Board 
guidance— 
(A) to appropriately assess the biological, 
ecological, or other results of the habitat protec-
tion, restoration, or enhancement activities car-
ried out using the assistance; 
(B) to reflect appropriate changes to the 
fish habitat conservation project if the assess-
ment substantiates that the fish habitat con-
servation project objectives are not being met; 
(C) to identify improvements to existing 
fish populations, recreational fishing opportuni-
ties, and the overall economic benefits for the 
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local community of the fish habitat conservation 
project; and 
(D) to require the submission to the Board 
of a report describing the findings of the assess-
ment. 
(2) ACQUISITION AUTHORITIES.— 
(A) IN GENERAL.—A State, local govern-
ment, or other non-Federal entity is eligible to 
receive funds for the acquisition of real prop-
erty from willing sellers under this subtitle if 
the acquisition ensures— 
(i) public access for fish and wildlife- 
dependent recreation; or 
(ii) a scientifically based, direct en-
hancement to the health of fish and fish 
populations, as determined by the Board. 
(B) STATE AGENCY APPROVAL.— 
(i) IN
GENERAL.—All real property 
interest acquisition projects funded under 
this subtitle must be approved by the State 
agency in the State in which the project is 
occurring. 
(ii) PROHIBITION.—The Board may 
not recommend, and the Secretary may not 
provide any funding for, any real property 
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interest acquisition that has not been ap-
proved by the State agency. 
(C) ASSESSMENT
OF
OTHER
AUTHORI-
TIES.—The Board may not recommend, and the 
Secretary may not provide any funding under 
this subtitle for, any real property interest ac-
quisition unless the Partnership that rec-
ommended the project has conducted a project 
assessment, submitted with the funding request 
and approved by the Board, to demonstrate all 
other Federal, State, and local authorities for 
the acquisition of real property have been ex-
hausted. 
(D) RESTRICTIONS.—A real property in-
terest may not be acquired pursuant to a fish 
habitat conservation project by a State, local 
government, or other non-Federal entity con-
ducted with funds provided under this subtitle, 
unless— 
(i) the owner of the real property au-
thorizes the State, local government, or 
other non-Federal entity to acquire the 
real property; and 
(ii) the Secretary and the Board de-
termine that the State, local government, 
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or other non-Federal entity would benefit 
from undertaking the management of the 
real property being acquired because that 
is in accordance with the goals of a Part-
nership. 
(e) NON-FEDERAL CONTRIBUTIONS.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (4), no fish habitat conservation 
project may be recommended by the Board under 
subsection (b) or provided financial assistance under 
this subtitle unless at least 50 percent of the cost of 
the fish habitat conservation project will be funded 
with non-Federal funds. 
(2) NON-FEDERAL SHARE.—Such non-Federal 
share of the cost of a fish habitat conservation 
project— 
(A) may not be derived from another Fed-
eral grant program; and 
(B) may include in-kind contributions and 
cash. 
(3) SPECIAL RULE FOR INDIAN TRIBES.—Not-
withstanding paragraph (1) or any other provision of 
law, any funds made available to an Indian Tribe 
pursuant to this subtitle may be considered to be 
non-Federal funds for the purpose of paragraph (1). 
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(4) WAIVER
AUTHORITY.—The Secretary, in 
consultation with the Secretary of Commerce with 
respect to marine or estuarine projects, may waive 
the application of paragraph (2)(A) with respect to 
a State or an Indian Tribe, or otherwise reduce the 
portion of the non-Federal share of the cost of an 
activity required to be paid by a State or an Indian 
Tribe under paragraph (1), if the Secretary deter-
mines that the State or Indian Tribe does not have 
sufficient funds not derived from another Federal 
grant program to pay such non-Federal share, or 
portion of the non-Federal share, without the use of 
loans. 
(f) APPROVAL.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of receipt of the recommended priority list 
of fish habitat conservation projects under sub-
section (b), and subject to subsection (d) and based, 
to the maximum extent practicable, on the criteria 
described in subsection (c), the Secretary, after con-
sulting with the Secretary of Commerce on marine 
or estuarine projects, shall approve or reject any fish 
habitat conservation project recommended by the 
Board. 
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(2) FUNDING.—If the Secretary approves a fish 
habitat conservation project under paragraph (1), 
the Secretary shall use amounts made available to 
carry out this subtitle to provide funds to carry out 
the fish habitat conservation project. 
(3) NOTIFICATION.—If the Secretary rejects 
under paragraph (1) any fish habitat conservation 
project recommended by the Board, not later than 
90 days after the date of receipt of the recommenda-
tion, the Secretary shall provide to the Board, the 
appropriate Partnership, and the appropriate con-
gressional committees a written statement of the 
reasons that the Secretary rejected the fish habitat 
conservation project. 
SEC. 206. TECHNICAL AND SCIENTIFIC ASSISTANCE. 
(a) IN GENERAL.—The Director, the National Oce-
anic and Atmospheric Administration Assistant Adminis-
trator, the Environmental Protection Agency Assistant 
Administrator, and the Director of the United States Geo-
logical Survey, in coordination with the Forest Service and 
other appropriate Federal departments and agencies, may 
provide scientific and technical assistance to Partnerships, 
participants in fish habitat conservation projects, and the 
Board. 
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(b) INCLUSIONS.—Scientific and technical assistance 
provided under subsection (a) may include— 
(1) providing technical and scientific assistance 
to States, Indian Tribes, regions, local communities, 
and nongovernmental organizations in the develop-
ment and implementation of Partnerships; 
(2) providing technical and scientific assistance 
to Partnerships for habitat assessment, strategic 
planning, and prioritization; 
(3) supporting the development and implemen-
tation of fish habitat conservation projects that are 
identified as high priorities by Partnerships and the 
Board; 
(4) supporting and providing recommendations 
regarding the development of science-based moni-
toring and assessment approaches for implementa-
tion through Partnerships; 
(5) supporting and providing recommendations 
for a national fish habitat assessment; 
(6) ensuring the availability of experts to assist 
in conducting scientifically based evaluation and re-
porting of the results of fish habitat conservation 
projects; and 
(7) providing resources to secure State agency 
scientific and technical assistance to support Part-
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nerships, participants in fish habitat conservation 
projects, and the Board. 
SEC. 207. COORDINATION WITH STATES AND INDIAN 
TRIBES. 
The Secretary shall provide a notice to, and cooperate 
with, the appropriate State agency or Tribal agency, as 
applicable, of each State and Indian Tribe within the 
boundaries of which an activity is planned to be carried 
out pursuant to this subtitle, including notification, by not 
later than 30 days before the date on which the activity 
is implemented. 
SEC. 208. INTERAGENCY OPERATIONAL PLAN. 
Not later than 1 year after the date of enactment 
of this Act, and every 5 years thereafter, the Director, in 
cooperation with the National Oceanic and Atmospheric 
Administration Assistant Administrator, the Environ-
mental Protection Agency Assistant Administrator, the 
Director of the United States Geological Survey, and the 
heads of other appropriate Federal departments and agen-
cies (including, at a minimum, those agencies represented 
on the Board) shall develop an interagency operational 
plan that describes— 
(1) the functional, operational, technical, sci-
entific, and general staff, administrative, and mate-
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