I 
117TH CONGRESS 
2D SESSION 
H. R. 6491 
To require the identification of salmon conservation areas and salmon 
strongholds, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 25, 2022 
Mr. HUFFMAN (for himself, Ms. BONAMICI, Mr. CLEAVER, Mr. THOMPSON of 
California, and Mr. LOWENTHAL) introduced the following bill; which was 
referred to the Committee on Natural Resources, and in addition to the 
Committees on Agriculture, and Foreign Affairs, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To require the identification of salmon conservation areas 
and salmon strongholds, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Salmon Focused In-
vestments in Sustainable Habitats Act’’ or the ‘‘Salmon 
FISH Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) Pacific and Atlantic salmon are important 
for food, culture, ecology, and the economy. 
(2) Salmon are especially important to Indian 
tribes, many of which consider salmon to be sacred 
and central to their culture, ceremonies, and subsist-
ence. 
(3) Such Indian tribes have significant leader-
ship and expertise with respect to salmon. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4(e) of 
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 5304(e)). 
(2) SALMON.—The term ‘‘salmon’’ means any 
of the wild anadromous Oncorhynchus species that 
occur in the Western United States, including— 
(A) Atlantic salmon (Salmo salar); 
(B) chum salmon (Oncorhynchus keta); 
(C) 
pink 
salmon 
(Oncorhynchus 
gorbuscha); 
(D) sockeye salmon (Oncorhynchus nerka); 
(E) 
chinook 
salmon 
(Oncorhynchus 
tshawytscha); 
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(F) coho salmon (Oncorhynchus kisutch); 
and 
(G) 
steelhead 
trout 
(Oncorhynchus 
mykiss). 
(3) SALMON CONSERVATION AREA.—The term 
‘‘salmon conservation area’’ means a watershed, a 
portion of a watershed, mutliple watersheds, or other 
defined spatial unit that— 
(A) is identified as a salmon conservation 
area under section 4(b); 
(B) at the time of the identification de-
scribed in subparagraph (A), meets the biologi-
cal criteria (as identified by the Administrator 
of the National Oceanic and Atmospheric Ad-
ministration and the Director of the Fish and 
Wildlife Service in coordination with the rel-
evant Federal agency with jurisdiction over 
such salmon conservation area) for abundance, 
productivity, diversity (genetic and life history), 
habitat quality, or other biological attributes 
important to sustaining viable populations of 
salmon throughout the range of such salmon; 
and 
(C) is regionally significant for the con-
servation of salmon. 
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(4) SALMON STRONGHOLD.—The term ‘‘salmon 
stronghold’’ means a salmon conservation area 
that— 
(A) is identified as a salmon conservation 
area under section 4(b); and 
(B) at the time of the identification de-
scribed in subparagraph (A), has— 
(i) 
relatively 
high 
anadromous 
salmonid abundance, productivity, and di-
versity (life history and run timing), as 
well as habitat quality or other biological 
attributes important to sustaining viable 
populations of wild salmon throughout the 
range of such salmon; 
(ii) populations of salmon that are 
strong and diverse; and 
(iii) salmon habitats that have a high 
intrinsic potential to support a particular 
species or suite of species. 
(5) RELEVANT
FEDERAL
AGENY.—The term 
‘‘relevant Federal agency’’ means— 
(A) the Forest Service; 
(B) the Bureau of Land Management; 
(C) the National Park Service; and 
(D) the Bureau of Indian Affairs. 
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SEC. 4. IDENTIFICATION OF SALMON CONSERVATION 
AREAS AND SALMON STRONGHOLDS. 
(a) GUIDANCE.—Not later than 120 days after the 
date of the enactment of this Act, the Administrator of 
the National Oceanic and Atmospheric Administration 
and the Director of the Fish and Wildlife Service shall 
jointly issue guidance on the process and biological criteria 
required to identify salmon conservation areas and salmon 
strongholds. 
(b) PUBLICATION.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Adminis-
trator of the National Oceanic and Atmospheric Ad-
ministration and the Director of the Fish and Wild-
life Service, in cooperation with relevant Federal 
agencies shall publish a list of salmon conservation 
areas and salmon strongholds. 
(2) REVISION.—The Administrator of the Na-
tional Oceanic and Atmospheric Administration and 
the Director of the Fish and Wildlife Service, in co-
operation with each relevant Federal agency shall 
not less frequently than once every 5 years after the 
date of the enactment of this Act, revise the list 
under paragraph (1)— 
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(A) to add subsequently identified salmon 
conservation areas and salmon strongholds in 
accordance with subsection (d); and 
(B) to remove from such list any areas 
that no longer qualify as salmon conservation 
areas or salmon strongholds. 
(c) CONSULTATION.—In identifying salmon conserva-
tion areas and salmon strongholds under subsection (b), 
the Administrator of the National Oceanic and Atmos-
pheric Administration and the Director of the Fish and 
Wildlife Service, in cooperation with each relevant Federal 
agency— 
(1) shall consult with— 
(A) the State in which such a salmon con-
servation area or salmon stronghold under con-
sideration are located; and 
(B) Indian tribes that have land, fishing 
rights, or cultural ties to the area in which the 
salmon conservation area or salmon strongholds 
will be prospectively located; and 
(2) may consult with— 
(A) nongovernmental organizations; 
(B) non-Federal scientists; and 
(C) members of the public. 
(d) SUBSEQUENT IDENTIFICATION AND REVISION.— 
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of 2003 (16 U.S.C. 6543) and other relevant watershed 
analyses to support the identification of salmon conserva-
tion areas and salmon strongholds under this section. 
(f) ESSENTIAL FISH HABITAT.—The Administrator 
of the National Oceanic and Atmospheric Administration 
and the Director of the Fish and Wildlife Service shall 
use the analyses conducted by the Administrator under 
section 305(b) of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1855(b)) to 
identify, map, and designate essential fish habitat to sup-
port the identification of salmon conservation areas and 
salmon strongholds under this section. 
SEC. 5. EFFECT OF IDENTIFICATION. 
(a) PRIORITY
FOR
FOREST
ROAD
DECOMMIS-
SIONING.—The Secretary of Agriculture— 
(1) shall give priority to forest road decommis-
sioning (as defined in section 212.1 of title 36, Code 
of Federal Regulations) and fish passage projects 
within or directly affecting a salmon conservation 
area or salmon stronghold; and 
(2) may not carry out the forest road decom-
missioning or fish passage projects described in 
paragraph (1) unless the Secretary of Agriculture 
has, with respect to ensuring that the habitats of 
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salmon conservation areas and salmon strongholds 
are not degraded, consulted with the— 
(A) entities described in paragraphs (1) 
and (2) of section 4(c); 
(B) Administrator of the National Oceanic 
and 
Atmospheric 
Administration, 
acting 
through the Administrator of the National Ma-
rine Fisheries Service; and 
(C) Director of the Fish and Wildlife Serv-
ice; 
(b) TRANSBOUNDARY POLLUTION.— 
(1) NOTIFICATION OF SECRETARY OF STATE.— 
If any salmon conservation area or salmon strong-
hold is determined by a Federal agency to be nega-
tively impacted by transboundary pollution or other 
international actions originating in Canada, the head 
of the Federal agency shall notify the Secretary of 
State. 
(2) ACTION
REQUIRED.—Not later than 30 
days after receiving a notification under paragraph 
(1), the Secretary of State shall consult with rep-
resentatives from Canada to resolve the issue for 
which the Secretary of State was notified under such 
paragraph. 
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(3) REFERRAL TO INTERNATIONAL JOINT COM-
MISSION.—If the issue for which the Secretary of 
State was notified under paragraph (1) is not re-
solved on a date that is 6 months after the date of 
notification under such paragraph— 
(A) the Secretary of State shall request to 
submit a joint referral to the International 
Joint Commission with Canada to research and 
provide recommendations to resolve such issue; 
and 
(B) if a joint referral under subparagraph 
(A) is not submitted, the Secretary of State 
shall refer such issue to the International Joint 
Commission. 
SEC. 6. WATERSHED MANAGEMENT AND RESTORATION 
PROGRAM. 
Section 304 of the Healthy Forests Restoration Act 
of 2003 (16 U.S.C. 6543) is amended by adding at the 
end the following: 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated to carry out this section and the pur-
pose described in paragraph (2), $40,000,000 for 
fiscal year 2023 and each of the 4 fiscal years there-
after. 
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‘‘(2) PRESERVE
SALMON
HABITAT
WATER-
SHEDS.—The Secretary shall use a portion of the 
funds appropriated pursuant to paragraph (1) to 
provide funds to programs that preserve watersheds 
that are salmon habitats. 
‘‘(3) ADDITIONAL WATERSHED PERMISSIBLE.— 
Notwithstanding any other provision of this section, 
the Secretary may use funds appropriated under this 
subsection to identify additional priority watersheds 
in each National Forest if such watersheds, or por-
tions of, are determined by the Secretary to be salm-
on conservation areas or salmon strongholds (as 
such terms are defined in section 3 of the Salmon 
FISH Act).’’. 
SEC. 7. GRANT PROGRAM. 
(a) AUTHORIZATION.— 
(1) IN GENERAL.—The Director of the Fish 
and Wildlife Service shall, in collaboration with the 
Administrator of the National Oceanic and Atmos-
pheric Administration, carry out a grant program, to 
be known as the ‘‘Salmon Conservation Area Grant 
Program’’, to make grants to carry out the purposes 
described in subsection (b). 
(2) DURATION.—A grant under this section 
shall have a duration of not more than 5 years. 
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(3) PRIORITY.—In making grants under this 
section, the administrator of the grant program shall 
give priority to an eligible entity that demonstrates 
that the eligible entity— 
(A) will carry out a project under this sec-
tion on a salmon stronghold; 
(B) has considered the durability of the 
project and how the project contributes to the 
long-term conservation of salmon; 
(C) has coordinated with other stake-
holders to carry out the project; and 
(D) has considered how the project will 
work with other salmon restoration projects. 
(4) MATCHING REQUIREMENT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), each eligible entity that re-
ceives a grant under this section shall provide, 
in cash or through in-kind contributions from 
non-Federal sources, matching funds to carry 
out the activities funded by the grant in an 
amount equal to not less than 25 percent of the 
cost of the activities. 
(B) EXCEPTIONS.— 
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(i) INDIAN
TRIBES.—Subparagraph 
(A) shall not apply to an eligible entity 
that is an Indian Tribe. 
(ii) DISCRETIONARY
EXCEPTIONS.— 
The administrator of the grant program 
under this section may reduce or waive the 
matching requirement under subparagraph 
(A) if— 
(I) an eligible entity submits a 
written request to the administrator 
for a waiver with a justification as to 
why the eligible entity cannot meet 
the matching requirement; and 
(II) the administrator determines 
such justification is sufficient to waive 
such requirement. 
(5) ADMINISTRATION.— 
(A) IN
GENERAL.—The Director of the 
Fish and Wildlife Service may enter into an 
agreement to administer the grant program 
with the National Fish and Wildlife Foundation 
or a similar organization that offers grant ad-
ministration services. 
(B) FUNDING.—If the Director of the Fish 
and Wildlife Service enters into an agreement 
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under subparagraph (A), the organization se-
lected shall— 
(i) for each fiscal year, receive 
amounts made available to carry out this 
section in an advance payment of the en-
tire amounts on October 1 of that fiscal 
year, or as soon as practicable thereafter; 
(ii) invest and reinvest those amounts 
for the benefit of the grant program; and 
(iii) otherwise administer the grant 
program to support partnerships between 
the public and private sectors in accord-
ance with this Act. 
(C) REQUIREMENTS.—If the Secretary en-
ters into an agreement with the Foundation 
under subparagraph (A), any amounts received 
by the Foundation under this section shall be 
subject to the National Fish and Wildlife Foun-
dation Establishment Act (16 U.S.C. 3701 et 
seq.), excluding section 10(a) of that Act (16 
U.S.C. 3709(a)). 
(b) PURPOSES.—The purposes of the grants under 
this section are— 
(1) to protect or maintain salmon conservation 
area or salmon stronghold features and projects that 
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are focused on conservation and restoration within 
salmon conservation areas or salmon stronghold; and 
(2) to carry out at least one of the following: 
(A) To address factors threatening to limit 
abundance, productivity, diversity, habitat qual-
ity, or other biological attributes important to 
sustaining viable salmon populations. 
(B) To restore or maintain ecological func-
tions and processes related to salmon produc-
tivity and diversity at watershed or subwater-
shed scales. 
(C) To improve the resilience of salmon 
populations in response to acute events such as 
fires, landslides, and earthquakes. 
(D) To improve the resilience of salmon 
populations to climate change and prepare pop-
ulations for other future changes. 
(E) To provide co-benefits to fish and wild-
life, in particular where salmon can be used as 
indicator species for habitat quality. 
(F) To implement focused, prioritized pro-
tection and restoration in watersheds. 
(G) To improve conservation area or salm-
on stronghold resilience both downstream and 
upstream. 
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(c) APPLICATIONS.—To be eligible to receive a grant 
under this section, an eligible entity shall submit an appli-
cation to the administrator of the grant program at such 
time, in such manner, and containing such information as 
such administrator may require. 
(d) USE OF FUNDS.— 
(1) IN GENERAL.—An eligible entity that re-
ceives a grant under this section shall use the grant 
funds to carry out activities consistent with the pur-
poses described in subsection (b), which include— 
(A) subject to subsection (e), land acquisi-
tion, conservation easements, and land ex-
changes; 
(B) purchasing mining rights; 
(C) the improvement of fish passages and 
removal of fish passage barriers and dams; 
(D) habitat restoration and rehabilitation; 
(E) outreach and local engagement; 
(F) purchasing water rights related to 
leasing, consumption, and use; 
(G) groundwater recharge projects (includ-
ing ponds and forbearance); 
(H) water efficiency projects; 
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(I) regional planning or development of a 
focused, prioritized protection and restoration 
action plan for the watershed; or 
(J) monitoring and research, including 
monitoring the status of salmon populations in 
watersheds within conservation areas before and 
after the removal of a dam. 
(2) PROHIBITION.—None of the funds made 
available under this section may be used— 
(A) to carry out litigation; or 
(B) carry out lethal intentional takings. 
(e) ACQUISITION AND TRANSFER OF REAL PROP-
ERTY INTERESTS.— 
(1) USE OF REAL PROPERTY.—No project that 
will result in the acquisition by the Administrator of 
the National Oceanic and Atmospheric Administra-
tion, the Director of the Fish and Wildlife Service, 
a relevant Federal agency, or eligible entity of inter-
est in land, in whole or in part, may receive funds 
under this section unless the project is consistent 
with the purposes of this section. 
(2) PRIVATE
PROPERTY
PROTECTION.—No 
Federal funds made available to carry out this sec-
tion may be used to acquire any real property or any 
interest in any real property without the written 
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consent of each owner of the property or interest in 
property. 
(3) TRANSFER OF REAL PROPERTY.—No land 
or interest in land, acquired in whole or in part by 
the Administrator of the National Oceanic and At-
mospheric Administration, the Director of the Fish 
and Wildlife Service, a relevant Federal agency, or 
eligible entity with funds made available under this 
section may be transferred to a State, other public 
agency, or other entity unless— 
(A) the Administrator of the National Oce-
anic and Atmospheric Administration, the Na-
tional Fish and Wildlife Foundation, the rel-
evant Federal agency, or eligible entity with ju-
risdiction over such land determines that the 
State, agency, or other entity is committed to 
manage, in accordance with this section and the 
purposes of this section, the property being 
transferred; and 
(B) the deed or other instrument of trans-
fer contains provisions for the reversion of the 
title to the property to the United States if the 
State, agency, or entity fails to manage the 
property as a salmon conservation area or salm-
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on stronghold in accordance with this section 
and the purposes of this section. 
(4) REQUIREMENT.—Any real property interest 
conveyed under paragraph (3) shall be subject to 
such terms and conditions as will ensure, to the 
maximum extent practicable, that the interest will be 
administered in accordance with this section and the 
purposes of this section. 
(f) REPORTS.—Not later than 5 years after the date 
on which the first grant is made under this section, the 
administrator of the grant program shall submit a report 
to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Natural Re-
sources of the House of Representatives that includes— 
(1) an evaluation of the results of each project 
with recommendations on strategies and approaches 
focusing on salmon conservation actions projected to 
have the greatest positive impacts on abundance, 
productivity, or diversity in salmon conservation 
areas and salmon strongholds; 
(2) conclusions and recommendations on appro-
priate metrics to measure and evaluate the efficacy 
of salmon conservation efforts, including key indica-
tors for habitat and aquatic health and recommenda-
tions on quantifying such benefits; 
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(3) an analysis of the status and trends for wild 
salmon abundance, diversity and productivity in each 
salmon conservation area and salmon stronghold; 
(4) an analysis of the social and economic ef-
fects resulting from salmon conservation area and 
salmon stronghold conservation; and 
(5) an assessment of threats imposed by chang-
ing ocean conditions on marine survival. 
(g) ELIGIBLE ENTITY DEFINED.—In this section, 
the term ‘‘eligible entity’’ means an Indian tribe, non-
governmental organization, State or local agency, or insti-
tution of higher education (as defined in section 101 of 
the Higher Education Act of 1965 (20 U.S.C. 1001)) that 
has approval to carry out a project with respect to a salm-
on conservation area or salmon stronghold under this sec-
tion from each entity that has jurisdiction over such salm-
on conservation area or salmon stronghold. 
(h) APPROPRIATIONS.—There is authorized to be ap-
propriated to carry out this section $50,000,000 for fiscal 
year 2023 and each of the 4 fiscal years thereafter. 
SEC. 8. LIMITATIONS. 
Nothing in this Act, and no action to implement this 
Act, may be construed— 
(1) to create a reserved water right, express or 
implied, in the United States for any purpose, or af-
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fect the management or priority of water rights 
under State law; 
(2) to affect existing water rights under Federal 
or State law; 
(3) to affect any Federal or State law in exist-
ence on the date of enactment of this Act regarding 
water quality or water quantity; 
(4) to abrogate, abridge, affect, modify, super-
sede, or otherwise alter any right of an Indian tribe 
under any applicable treaty, or Federal or tribal law 
or regulation; 
(5) to diminish or affect the ability of the Ad-
ministrator of the National Oceanic and Atmos-
pheric Administration, the Director of the Fish and 
Wildlife Service, or head of a relevant Federal Agen-
cy to join the adjudication of rights to the use of 
water pursuant to subsection (a), (b), or (c) of sec-
tion 208 of the Department of Justice Appropriation 
Act, 1953 (43 U.S.C. 666); or 
(6) to diminish or affect any program or activ-
ity by an Indian tribe that does not impact salmonid 
habitat. 
Æ 
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