Sec. 4. National Fish Habitat Board. 
Sec. 5. Fish habitat partnerships. 
Sec. 6. Fish habitat conservation projects. 
Sec. 7. National Fish Habitat Conservation Partnership Office. 
Sec. 8. Technical and scientific assistance. 
Sec. 9. Conservation of aquatic habitat for fish and other aquatic organisms on 
Federal land. 
Sec. 10. Coordination with States and Indian tribes. 
Sec. 11. Accountability and reporting. 
Sec. 12. Regulations. 
Sec. 13. Effect of Act. 
Sec. 14. Nonapplicability of Federal Advisory Committee Act. 
Sec. 15. Funding. 
SEC. 2. FINDINGS; PURPOSE. 
(a) FINDINGS.—Congress finds that— 
(1) healthy populations of fish and other aquat-
ic organisms depend on the conservation, protection, 
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 
that 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, 
wildlife, and other dependent species; 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
(3) the extensive and diverse aquatic habitat re-
sources of the United States are of enormous signifi-
cance to the economy of the United States, pro-
viding— 
(A) recreation for 44,000,000 anglers; 
(B) more than 1,000,000 jobs and approxi-
mately $125,000,000,000 in economic impact 
each year relating to recreational fishing; and 
(C) approximately 500,000 jobs and an ad-
ditional $35,000,000,000 in economic impact 
each year relating to commercial fishing; 
(4) at least 40 percent of all threatened species 
and endangered species in the United States are di-
rectly dependent on aquatic habitats; 
(5) certain fish species are considered to be eco-
logical indicators of aquatic habitat quality, such 
that the presence of those 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— 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
(A) caused significant declines in fish pop-
ulations throughout the United States, espe-
cially declines in native fish populations; and 
(B) resulted in economic losses to the 
United States; 
(7)(A) providing for the conservation and sus-
tainability of fish and other aquatic organisms has 
not been fully realized, despite federally funded fish 
and wildlife restoration programs and other activi-
ties intended to conserve aquatic resources; and 
(B) that conservation and sustainability may be 
significantly advanced through a renewed commit-
ment and sustained, cooperative efforts that are 
complementary to existing fish and wildlife restora-
tion 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-
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
nancial assistance provided by the Federal Govern-
ment; 
(10) the creation of partnerships between local 
citizens, Indian tribes, Alaska Native organizations, 
corporations, nongovernmental organizations, and 
Federal, State, and tribal agencies is critical to the 
success of activities to restore aquatic habitats and 
ecosystems; 
(11) the Federal Government has numerous 
regulatory and land and water management agencies 
that are critical to the implementation of the Na-
tional Fish Habitat Action Plan, including— 
(A) the United States Fish and Wildlife 
Service; 
(B) the Bureau of Land Management; 
(C) the National Park Service; 
(D) the Bureau of Reclamation; 
(E) the Bureau of Indian Affairs; 
(F) the National Marine Fisheries Service; 
(G) the Forest Service; 
(H) the Natural Resources Conservation 
Service; and 
(I) the Environmental Protection Agency; 
(12) the United States Fish and Wildlife Serv-
ice, the Forest Service, the Bureau of Land Manage-
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
ment, and the National Marine Fisheries Service 
each play a vital role in— 
(A) the protection, restoration, and en-
hancement of the fish communities and aquatic 
habitats in the United States; and 
(B) the development, operation, and long- 
term success of fish habitat partnerships and 
project implementation; 
(13) the United States Geological Survey, the 
United States Fish and Wildlife Service, and the 
National Marine Fisheries Service each play a vital 
role in scientific evaluation, data collection, and 
mapping for fishery resources in the United States; 
and 
(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) PURPOSE.—The purpose of this Act is to encour-
age partnerships among public agencies and other inter-
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
ested parties consistent with the mission and goals of the 
National 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; 
(5) to improve fisheries habitat in a manner 
that leads to improvement of the annual economic 
output from recreational, subsistence, and commer-
cial fishing; 
(6) to ensure coordination and facilitation of ac-
tivities carried out by Federal departments and 
agencies under the leadership of— 
(A) the Director of the United States Fish 
and Wildlife Service; 
(B) the Assistant Administrator for Fish-
eries of the National Oceanic and Atmospheric 
Administration; and 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
(B) 
INCLUSIONS.—The 
term 
‘‘aquatic 
habitat’’ includes an area adjacent to an aquat-
ic environment, if the adjacent area— 
(i) contributes an element, such as the 
input of detrital material or the promotion 
of a planktonic or insect population pro-
viding food, that makes 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 Oceanic 
and Atmospheric Administration. 
(4) BOARD.—The term ‘‘Board’’ means the Na-
tional Fish Habitat Board established by section 
4(a)(1). 
(5) CONSERVATION; CONSERVE; MANAGE; MAN-
AGEMENT.—The terms ‘‘conservation’’, ‘‘conserve’’, 
‘‘manage’’, and ‘‘management’’ mean to protect, sus-
tain, and, where appropriate, restore and enhance, 
using methods and procedures associated with mod-
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
ern scientific resource programs (including protec-
tion, research, census, law enforcement, habitat 
management, propagation, live trapping and trans-
plantation, and regulated taking)— 
(A) a healthy population of fish, wildlife, 
or plant life; 
(B) a habitat required to sustain fish, wild-
life, or plant life; or 
(C) a habitat required to sustain fish, wild-
life, or plant life productivity. 
(6) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the United States Fish and Wildlife 
Service. 
(7) FISH.— 
(A) IN GENERAL.—The term ‘‘fish’’ means 
any freshwater, diadromous, estuarine, or ma-
rine finfish or shellfish. 
(B) INCLUSIONS.—The term ‘‘fish’’ in-
cludes the egg, spawn, spat, larval, and other 
juvenile stages of an organism described in sub-
paragraph (A). 
(8) FISH HABITAT CONSERVATION PROJECT.— 
(A) IN GENERAL.—The term ‘‘fish habitat 
conservation project’’ means a project that— 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
(i) is submitted to the Board by a 
Partnership and approved by the Secretary 
under section 6; and 
(ii) provides for the conservation or 
management of an aquatic habitat. 
(B) INCLUSIONS.—The term ‘‘fish habitat 
conservation project’’ includes— 
(i) the provision of technical assist-
ance to a State, Indian tribe, or local com-
munity by the National Fish Habitat Con-
servation Partnership Office or any other 
agency to facilitate the development of 
strategies and priorities for the conserva-
tion of aquatic habitats; or 
(ii) the obtaining of a real property 
interest in land or water, including water 
rights, in accordance with terms and condi-
tions that ensure that the real property 
will be administered for the long-term con-
servation of— 
(I) the land or water; and 
(II) the fish dependent on the 
land or water. 
(9) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(10) NATIONAL FISH HABITAT ACTION PLAN.— 
The term ‘‘National Fish Habitat Action Plan’’ 
means the National Fish Habitat Action Plan dated 
April 24, 2006, and any subsequent revisions or 
amendments to that plan. 
(11) PARTNERSHIP.—The term ‘‘Partnership’’ 
means an entity designated by the Board as a Fish 
Habitat Conservation Partnership pursuant to sec-
tion 5(a). 
(12) REAL
PROPERTY
INTEREST.—The term 
‘‘real property interest’’ means an ownership interest 
in— 
(A) land; 
(B) water (including water rights); or 
(C) a building or object that is perma-
nently affixed to land. 
(13) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(14) STATE AGENCY.—The term ‘‘State agen-
cy’’ means— 
(A) the fish and wildlife agency of a State; 
or 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
(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 pursuant to State law or 
the constitution of the State. 
SEC. 4. NATIONAL FISH HABITAT BOARD. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established a board, 
to be known as the ‘‘National Fish Habitat 
Board’’— 
(A) to promote, oversee, and coordinate the 
implementation of this Act and the National 
Fish Habitat Action Plan; 
(B) to establish national goals and prior-
ities for aquatic habitat conservation; 
(C) to designate Partnerships; and 
(D) to review and make recommendations 
regarding fish habitat conservation projects. 
(2) MEMBERSHIP.—The Board shall be com-
posed of 27 members, of whom— 
(A) 1 shall be the Director; 
(B) 1 shall be the Assistant Administrator; 
(C) 1 shall be the Chief of the Natural Re-
sources Conservation Service; 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
(D) 1 shall be the Chief of the Forest 
Service; 
(E) 1 shall be the Assistant Administrator 
for Water of the Environmental Protection 
Agency; 
(F) 1 shall be the President of the Associa-
tion of Fish and Wildlife Agencies; 
(G) 1 shall be the Secretary of the Board 
of Directors of the National Fish and Wildlife 
Foundation 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) 4 shall be representatives of State 
agencies, 1 of whom shall be nominated by a re-
gional association of fish and wildlife agencies 
from each of the Northeast, Southeast, Mid-
west, and Western regions of the United States; 
(I) 1 shall be a representative of the Amer-
ican Fisheries Society; 
(J) 2 shall be representatives of Indian 
tribes, of whom— 
(i) 1 shall represent Indian tribes 
from the State of Alaska; and 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
(iv) Freshwater recreational anglers. 
(v) Terrestrial resource conservation 
organizations. 
(vi) Aquatic resource conservation or-
ganizations. 
(vii) The livestock and poultry produc-
tion industry. 
(viii) The land development industry. 
(ix) The row crop industry. 
(x) Natural resource commodity inter-
ests, such as petroleum or mineral extrac-
tion. 
(3) COMPENSATION.—A member of the Board 
shall serve without compensation. 
(4) TRAVEL
EXPENSES.—A member of the 
Board shall 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.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, a member of the Board de-
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
scribed in any of subparagraphs (H) through (N) of 
subsection (a)(2) shall serve for a term of 3 years. 
(2) INITIAL
BOARD
MEMBERSHIP.—Not later 
than 180 days after the date of enactment of this 
Act, the representatives of the board established by 
the National Fish Habitat Action Plan shall appoint 
the initial members of the Board described in sub-
paragraphs (H) through (N) of subsection (a)(2). 
(3) TRANSITIONAL
TERMS.—Of the members 
described in subsection (a)(2)(N) initially appointed 
to the Board— 
(A) 4 shall be appointed for a term of 1 
year; 
(B) 4 shall be appointed for a term of 2 
years; and 
(C) 3 shall be appointed for a term of 3 
years. 
(4) VACANCIES.—A vacancy of a member of the 
Board described in any of subparagraphs (H) 
through (N) of subsection (a)(2) shall be filled by an 
appointment made by the remaining members of the 
Board. 
(5) CONTINUATION OF SERVICE.—An individual 
whose term of service as a member of the Board ex-
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
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 (N) of 
subsection (a)(2) misses 3 consecutive regularly 
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 Board shall elect a 
member of the Board to serve as Chairperson 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.— 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
(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 2⁄3 of all members present and vot-
ing; 
(C) procedures for establishing national 
goals and priorities for aquatic habitat con-
servation for the purposes of this Act; 
(D) procedures for designating Partner-
ships under section 5; 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. 5. FISH HABITAT PARTNERSHIPS. 
(a) AUTHORITY TO DESIGNATE.—The Board may 
designate Fish Habitat Partnerships in accordance with 
this section. 
VerDate Nov 24 2008 
01:15 May 27, 2009
Jkt 079200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
(b) PURPOSES.—The purposes of a Partnership shall 
be— 
(1) to coordinate the implementation of the Na-
tional Fish Habitat Action Plan at a regional level; 
(2) to identify strategic priorities for fish habi-
tat conservation; 
(3) to recommend to the Board fish habitat 
conservation projects that address a strategic pri-
ority of the Board; and 
(4) to develop and carry out fish habitat con-
servation projects. 
(c) APPLICATIONS.—An entity seeking to be des-
ignated as a Partnership shall submit to the Board an 
application at such time, in such manner, and containing 
such information as the Board may reasonably require. 
(d) APPROVAL.—The Board may approve an applica-
tion for a Partnership submitted under subsection (c) 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, and private individuals, that are focused 
on conservation of aquatic habitats to achieve results 
across jurisdictional boundaries on public and pri-
vate land; 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
(2) is organized to promote the health of impor-
tant aquatic habitats and distinct geographical 
areas, keystone fish species, or system types, includ-
ing reservoirs, natural lakes, coastal and marine en-
vironments, and estuaries; 
(3) identifies strategic fish and aquatic habitat 
priorities for the Partnership area in the form of 
geographical focus areas or key stressors or impair-
ments to facilitate strategic planning and decision-
making; 
(4) is able to address issues and priorities on a 
nationally significant scale; 
(5) includes a governance structure that— 
(A) reflects the range of all partners; and 
(B) promotes joint strategic 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 National Fish Habitat Action 
Plan; and 
(7) ensures collaboration in developing a stra-
tegic vision and implementation program that is sci-
entifically sound and achievable. 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
SEC. 6. FISH HABITAT CONSERVATION PROJECTS. 
(a) SUBMISSION TO BOARD.—Not later than March 
31 of each calendar year, each Partnership shall submit 
to the Board a list of fish habitat conservation projects 
recommended by the Partnership for annual funding 
under this Act. 
(b) RECOMMENDATIONS BY BOARD.—Not later than 
July 1 of each calendar 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, for the following fiscal year. 
(c) CONSIDERATIONS.—The Board shall select each 
fish habitat conservation project to be recommended to the 
Secretary under subsection (b)— 
(1) based on a recommendation of the Partner-
ship that is, or will be, participating actively in car-
rying out the fish habitat conservation project; and 
(2) after taking into consideration— 
(A) the extent to which the fish habitat 
conservation project fulfills a purpose of this 
Act or a goal of the National Fish Habitat Ac-
tion Plan; 
(B) the extent to which the fish habitat 
conservation project addresses the national pri-
orities established by the Board; 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
(C) the availability of sufficient non-Fed-
eral funds to match Federal contributions for 
the fish habitat conservation project, as re-
quired by subsection (e); 
(D) the extent to which the fish habitat 
conservation 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 or 
water; 
(iv) advances the conservation of fish 
and wildlife species that are listed, or are 
candidates to be listed, as threatened spe-
cies or endangered species under the En-
dangered Species Act of 1973 (16 U.S.C. 
1531 et seq.); 
(v) where appropriate, advances the 
conservation of fish and fish habitats 
under the Magnuson-Stevens Act (16 
U.S.C. 1801 et seq.) and other relevant 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
Federal law and State wildlife action plans; 
and 
(vi) promotes resilience such that de-
sired biological communities are able to 
persist 
and 
adapt 
to 
environmental 
stressors such as climate change; and 
(E) the substantiality of the character and 
design 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 Act unless 
the fish habitat conservation project includes an 
evaluation plan designed— 
(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; 
and 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
(C) to require the submission to the Board 
of a report describing the findings of the assess-
ment. 
(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 
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.—A real property in-
terest acquired by the Secretary pursuant 
to a fish habitat conservation project may 
not be conveyed to a State, public agency, 
or other entity unless— 
(I) the Secretary determines that 
the 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 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
(II) the deed or other instrument 
of transfer contains provisions for the 
reversion to the United States of title 
to the property if the State, agency, 
or other entity fails to manage the 
property in accordance with the pur-
poses of this Act. 
(ii) ADDITIONAL CONVEYANCE CONDI-
TIONS.—Any real property interest ac-
quired by the Secretary pursuant to a fish 
habitat conservation project that is con-
veyed under clause (i) shall be subject to 
terms and conditions that ensure that the 
interest will be administered for the long- 
term conservation and management of the 
aquatic ecosystem and the fish and wildlife 
dependent on that ecosystem. 
(e) NON-FEDERAL CONTRIBUTIONS.— 
(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 fish habi-
tat conservation project will be funded with non- 
Federal funds. 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
(2) PROJECTS ON FEDERAL LAND OR WATER.— 
Notwithstanding paragraph (1), Federal funds may 
be used for payment of 100 percent of the costs of 
a fish habitat conservation project located on Fed-
eral land or water, including the acquisition of 
inholdings within such land or water. 
(3) NON-FEDERAL
SHARE.—The non-Federal 
share of the cost of a fish habitat conservation 
project— 
(A) may not be derived from a Federal 
grant program; but 
(B) may include in-kind contributions and 
cash. 
(4) 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 Act may be considered to be non- 
Federal funds for the purpose of paragraph (1). 
(f) CONSIDERATION BY SECRETARY.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of receipt of the recommendations of 
the Board for fish habitat conservation projects 
under subsection (b), the Secretary shall approve, 
reject, or reorder the priority of each such rec-
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
ommendation based on, to the maximum extent 
practicable, the criteria described in subsection (c). 
(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 Act to provide funds to carry out the 
fish habitat conservation project. 
(3) NOTIFICATION BY SECRETARY.—If the Sec-
retary rejects or reorders the priority of any fish 
habitat conservation project recommended by the 
Board under subsection (b), the Secretary shall pro-
vide to the Board and the appropriate Partnership 
a written statement of the reasons that the Sec-
retary rejected or modified the priority of the fish 
habitat conservation project. 
SEC. 7. NATIONAL FISH HABITAT CONSERVATION PART-
NERSHIP OFFICE. 
(a) ESTABLISHMENT.—Not later than 1 year after 
the date of enactment of this Act, the Director shall estab-
lish an office, to be known as the ‘‘National Fish Habitat 
Conservation Partnership Office’’, within the United 
States Fish and Wildlife Service. 
(b) FUNCTIONS.—The National Fish Habitat Con-
servation Partnership Office shall— 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
(1) provide funding for the operational needs of 
the Partnerships, including funding for activities 
such as planning, project development and imple-
mentation, coordination, monitoring, evaluation, 
communication, and outreach; 
(2) provide funding to support the detail of 
State and tribal fish and wildlife staff to the Office; 
(3) facilitate the cooperative development and 
approval of Partnerships; 
(4) assist the Secretary and the Board in car-
rying out this Act; 
(5) assist the Secretary in carrying out the re-
quirements of sections 8 and 10; 
(6) facilitate communication, cohesiveness, and 
efficient operations for the benefit of Partnerships 
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 fish habitat conservation projects by 
the Board; 
(8) provide support to the Director regarding 
the development and implementation of the inter-
agency operational plan under subsection (c); 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
(9) coordinate technical and scientific reporting 
as required by section 11; 
(10) facilitate the efficient use of resources and 
activities of Federal departments and agencies to 
carry out this Act in an efficient manner; and 
(11) provide support to the Board for national 
communication and outreach efforts that promote 
public awareness of fish habitat conservation. 
(c) 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 Assistant Administrator and the heads of other appro-
priate Federal departments and agencies, shall develop an 
interagency operational plan for the National Fish Habi-
tat Conservation Partnership Office that describes— 
(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 departments and agencies to address 
those needs. 
(d) STAFF AND SUPPORT.— 
(1) DEPARTMENTS
OF
INTERIOR
AND
COM-
MERCE.—The Director and the Assistant Adminis-
trator shall each provide appropriate staff to support 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
the National Fish Habitat Conservation Partnership 
Office, subject to the availability of funds under sec-
tion 15. 
(2) STATES AND INDIAN TRIBES.—Each State 
and Indian tribe is encouraged to provide staff to 
support the National Fish Habitat Conservation 
Partnership Office. 
(3) DETAILEES AND CONTRACTORS.—The Na-
tional Fish Habitat Conservation Partnership Office 
may accept staff or other administrative support 
from other entities— 
(A) through interagency details; or 
(B) as contractors. 
(4) QUALIFICATIONS.—The staff of the Na-
tional Fish Habitat Conservation Partnership Office 
shall include members with education and experience 
relating to the principles of fish, wildlife, and aquat-
ic habitat conservation. 
(5) WAIVER OF REQUIREMENT.—The Secretary 
may waive all or part of the non-Federal contribu-
tion requirement under section 6(e)(1) if the Sec-
retary determines that— 
(A) no reasonable means are available 
through which the affected applicant can meet 
the requirement; and 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
(B) the probable benefit of the relevant 
fish habitat conservation project outweighs the 
public interest in meeting the requirement. 
(e) REPORTS.—Not less frequently than once each 
year, the Director shall provide to the Board a report de-
scribing the activities of the National Fish Habitat Con-
servation Partnership Office. 
SEC. 8. TECHNICAL AND SCIENTIFIC ASSISTANCE. 
The Director, the Assistant Administrator, and the 
Director of the United States Geological Survey, in coordi-
nation with the Forest Service and other appropriate Fed-
eral departments and agencies, shall provide scientific and 
technical assistance to the Partnerships, participants in 
fish habitat conservation projects, and the Board, includ-
ing by— 
(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 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
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; and 
(6) ensuring the availability of experts to con-
duct scientifically based evaluation and reporting of 
the results of fish habitat conservation projects. 
SEC. 9. CONSERVATION OF AQUATIC HABITAT FOR FISH 
AND OTHER AQUATIC ORGANISMS ON FED-
ERAL LAND. 
To the extent consistent with the mission and author-
ity of the applicable department or agency, the head of 
each Federal department and agency responsible for ac-
quiring, managing, or disposing of Federal land or water 
shall cooperate with the Assistant Administrator and the 
Director to conserve the aquatic habitats for fish and 
other aquatic organisms within the land and water of the 
department or agency. 
SEC. 10. COORDINATION WITH STATES AND INDIAN TRIBES. 
The Secretary shall provide a notice to, and coordi-
nate with, the appropriate State agency or tribal agency, 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
as applicable, of each State and Indian tribe within the 
boundaries of which an activity is planned to be carried 
out pursuant to this Act by not later than 30 days before 
the date on which the activity is implemented. 
SEC. 11. ACCOUNTABILITY AND REPORTING. 
(a) IMPLEMENTATION REPORTS.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, and every 2 years 
thereafter, the Board shall submit to the appropriate 
congressional committees a report describing the im-
plementation of— 
(A) this Act; and 
(B) the National Fish Habitat Action 
Plan. 
(2) CONTENTS.—Each report submitted under 
paragraph (1) shall include— 
(A) an estimate of the number of acres, 
stream miles, or acre-feet (or other suitable 
measure) of aquatic habitat that was protected, 
restored, or enhanced under the National Fish 
Habitat Action Plan by Federal, State, or local 
governments, Indian tribes, or other entities in 
the United States during the 2-year period end-
ing on the date of submission of the report; 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
(B) a description of the public access to 
aquatic habitats protected, restored, or estab-
lished under the National Fish Habitat Action 
Plan during that 2-year period; 
(C) a description of the opportunities for 
public fishing established under the National 
Fish Habitat Action Plan during that period; 
and 
(D) an assessment of the status of fish 
habitat conservation projects carried out with 
funds provided under this Act during that pe-
riod, disaggregated by year, including— 
(i) a description of the fish habitat 
conservation projects recommended by the 
Board under section 6(b); 
(ii) a description of each fish habitat 
conservation project approved by the Sec-
retary under section 6(f), in order of pri-
ority for funding; 
(iii) a justification for— 
(I) the approval of each fish 
habitat conservation project; and 
(II) the order of priority for 
funding of each fish habitat conserva-
tion project; 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
(iv) a justification for any rejection or 
reordering of the priority of each fish habi-
tat conservation project recommended by 
the Board under section 6(b) that was 
based on a factor other than the criteria 
described in section 6(c); and 
(v) an accounting of expenditures by 
Federal, State, or local governments, In-
dian tribes, or other entities to carry out 
fish habitat conservation 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 describing the status of aquatic habitats 
in the United States. 
(c) REVISIONS.—Not later than December 31, 2011, 
and every 5 years thereafter, the Board shall revise the 
goals and other elements of the National Fish Habitat Ac-
tion Plan, after consideration of each report required by 
subsection (b). 
SEC. 12. REGULATIONS. 
The Secretary may promulgate such regulations as 
the Secretary determines to be necessary to carry out this 
Act. 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
SEC. 13. EFFECT OF ACT. 
(a) WATER RIGHTS.— 
(1) IN GENERAL.—Nothing in this Act— 
(A) establishes any express or implied re-
served water right in the United States for any 
purpose; 
(B) affects any water right in existence on 
the date of enactment of this Act; or 
(C) affects any Federal or State law in ex-
istence on the date of enactment of the Act re-
garding water quality or water quantity. 
(2) AUTHORITY TO ACQUIRE WATER RIGHTS.— 
The Secretary may acquire, under State law, such 
water rights as the Secretary determines to be nec-
essary to carry out this Act. 
(b) STATE AUTHORITY.—Nothing in this Act— 
(1) affects the authority, jurisdiction, or respon-
sibility of a State to manage, control, or regulate 
fish and wildlife under the laws and regulations of 
the State; or 
(2) authorizes the Secretary to control or regu-
late within a State the fishing or hunting of fish and 
wildlife. 
(c) EFFECT ON INDIAN TRIBES.—Nothing in this 
Act abrogates, abridges, affects, modifies, supersedes, or 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
alters any right of an Indian tribe recognized by treaty 
or any other means, including— 
(1) an agreement between the Indian tribe and 
the United States; 
(2) Federal law (including regulations); 
(3) an Executive order; or 
(4) a judicial decree. 
(d) 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 pursu-
ant to subsection (a), (b), or (c) of section 208 of the De-
partment of Justice Appropriation Act, 1953 (43 U.S.C. 
666). 
(e) EFFECT ON OTHER AUTHORITIES.— 
(1) ACQUISITION OF LAND AND WATER.—Noth-
ing in this Act alters or otherwise affects the au-
thorities, responsibilities, obligations, or powers of 
the Secretary to acquire land, water, or an interest 
in land or water under any other provision of law. 
(2) PRIVATE PROPERTY PROTECTION.—Nothing 
in this Act permits the use of funds made available 
to carry out this Act to acquire real property or a 
real property interest without the written consent of 
each owner of the real property or real property in-
terest. 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
(3) MITIGATION.—Nothing in this Act permits 
the use of funds made available to carry out this Act 
for fish and wildlife mitigation purposes under— 
(A) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); 
(B) the Fish and Wildlife Coordination Act 
(16 U.S.C. 661 et seq.); 
(C) the Water Resources Development Act 
of 1986 (Public Law 99–662; 100 Stat. 4082); 
or 
(D) any other Federal law or court settle-
ment. 
SEC. 14. NONAPPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT. 
The Federal Advisory Committee Act (5 U.S.C. App) 
shall not apply to— 
(1) the Board; or 
(2) any Partnership. 
SEC. 15. FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.— 
(1) FISH HABITAT CONSERVATION PROJECTS.— 
There is authorized to be appropriated to the Sec-
retary $75,000,000 for each of fiscal years 2010 
through 2014 to provide funds for fish habitat con-
servation projects approved under section 6(f), of 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
which 5 percent shall be made available for each fis-
cal year for projects carried out by Indian tribes. 
(2) NATIONAL
FISH
HABITAT
CONSERVATION 
PARTNERSHIP OFFICE.— 
(A) IN GENERAL.—There is authorized to 
be appropriated to the Secretary for each of fis-
cal years 2010 through 2014 for the National 
Fish Habitat Conservation Partnership Office, 
and to carry out section 11, an amount equal 
to the greater of— 
(i) $3,000,000; and 
(ii) 25 percent of the amount appro-
priated for the applicable fiscal year pursu-
ant to paragraph (1). 
(B) REQUIRED
TRANSFERS.—The Sec-
retary shall transfer such percentage of the 
amounts made available pursuant to subpara-
graph (A) as is required under section 7 to sup-
port participation by other Federal departments 
and agencies in the National Fish Habitat Con-
servation Partnership Office. 
(3) TECHNICAL AND SCIENTIFIC ASSISTANCE.— 
There are authorized to be appropriated for each of 
fiscal years 2010 through 2014 to carry out, and 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
provide technical and scientific assistance under, sec-
tion 8— 
(A) $10,000,000 to the Secretary for use 
by the United States Fish and Wildlife Service; 
(B) $10,000,000 to the Assistant Adminis-
trator for use by the National Oceanic and At-
mospheric Administration; and 
(C) $10,000,000 to the Secretary for use 
by the United States Geological Survey. 
(4) 
PLANNING
AND
ADMINISTRATIVE
EX-
PENSES.—There is authorized to be appropriated to 
the Secretary for each of fiscal years 2010 through 
2014 for use by the Board, the Director, and the 
Assistant Administrator for planning and adminis-
trative expenses an amount equal to the greater of— 
(A) $300,000; and 
(B) 4 percent of the amount appropriated 
for the applicable fiscal year pursuant to para-
graph (1). 
(5) AVAILABILITY
OF
FUNDS.—Funds made 
available under this subsection shall remain available 
until expended. 
(b) AGREEMENTS
AND
GRANTS.—The Secretary 
may— 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
(1) on the recommendation of the Board, and 
notwithstanding sections 6304 and 6305 of title 31, 
United States Code, and the Federal Financial As-
sistance Management Improvement Act of 1999 (31 
U.S.C. 6101 note; Public Law 106–107), enter into 
a grant agreement, cooperative agreement, or con-
tract with a Partnership or other entity for a fish 
habitat conservation project or restoration or en-
hancement project; 
(2) apply for, accept, and use a grant from any 
individual or entity to carry out the purposes of this 
Act; and 
(3) make funds available to any Federal depart-
ment or agency for use by that department or agen-
cy to provide grants for any fish habitat protection 
project, restoration project, or enhancement project 
that the Secretary 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 that is exempt 
from taxation under section 501(a) of that 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS
Code to solicit private donations to carry out 
the purposes of this Act; and 
(B) accept donations of funds, property, 
and services to carry out the purposes of this 
Act. 
(2) TREATMENT.—A donation accepted under 
this section— 
(A) shall be considered to be a gift or be-
quest to, or otherwise for the use of, the United 
States; and 
(B) may be— 
(i) used directly by the Secretary; or 
(ii) provided to another Federal de-
partment or agency through an inter-
agency agreement. 
Æ 
VerDate Nov 24 2008 
22:48 May 24, 2009
Jkt 079200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6301
E:\BILLS\H2565.IH
H2565
mstockstill@gpo.gov on PROD1PC66 with BILLS