I 
115TH CONGRESS 
2D SESSION 
H. R. 6660 
To encourage partnerships among public agencies and other interested persons 
to promote fish conservation. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 7, 2018 
Mr. WITTMAN introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To encourage partnerships among public agencies and other 
interested persons to promote fish conservation. 
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 ‘‘National Fish Habitat 
Conservation Through Partnerships Act’’. 
SEC. 2. PURPOSE. 
The purpose of this Act is to encourage partnerships 
among public agencies and other interested persons to pro-
mote fish conservation— 
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(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— 
(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— 
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(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. 3. DEFINITIONS. 
In this Act: 
(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 4. 
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(3) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the United States Fish and Wildlife 
Service. 
(4) EPA 
ASSISTANT
ADMINISTRATOR.—The 
term ‘‘EPA Assistant Administrator’’ means the As-
sistant Administrator for Water of the Environ-
mental 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) NOAA ASSISTANT
ADMINISTRATOR.—The 
term ‘‘NOAA Assistant Administrator’’ means the 
Assistant Administrator for Fisheries of the Na-
tional Oceanic and Atmospheric Administration. 
(7) PARTNERSHIP.—The term ‘‘Partnership’’ 
means a self-governed entity designated by Congress 
as a Fish Habitat Partnership under subsection 
(d)(6) after a recommendation by the Board under 
section 5. 
(8) REAL
PROPERTY
INTEREST.—The term 
‘‘real property interest’’ means an ownership interest 
in— 
(A) land; or 
(B) water (including water rights). 
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(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. 
(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. 4. NATIONAL FISH HABITAT BOARD. 
(a) ESTABLISHMENT.— 
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(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 Act; 
(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 25 members, of whom— 
(A) 1 shall be a representative of the De-
partment of the Interior; 
(B) 1 shall be a representative of the 
United States Geological Survey; 
(C) 1 shall be a representative of the De-
partment of Commerce; 
(D) 1 shall be a representative of the De-
partment of Agriculture; 
(E) 1 shall be a representative of the Asso-
ciation of Fish and Wildlife Agencies; 
(F) 4 shall be representatives of State 
agencies, 1 of whom shall be nominated by a re-
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(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.— 
(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 
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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 3 Tribal rep-
resentatives, from which the Board shall ap-
point 1 representative pursuant to subpara-
graph (G) of subsection (a)(2). 
(3) STAGGERED TERMS.—Of the members de-
scribed in subsection (a)(2)(J) initially appointed to 
the Board— 
(A) 2 shall be appointed for a term of 1 
year; 
(B) 2 shall be appointed for a term of 2 
years; and 
(C) 3 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. 
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(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 3 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-
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 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 representative of the 
Association of Fish and Wildlife Agencies appointed 
under subsection (a)(2)(E) shall serve as Chair-
person of the Board. 
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(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.— 
(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; 
(C) procedures for establishing national 
goals and priorities for fish habitat conservation 
for the purposes of this Act; 
(D) procedures for designating Partner-
ships under section 5; and 
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(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 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— 
(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; 
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(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— 
(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; 
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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; 
(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, 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— 
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(A) reflects the range of all partners; and 
(B) promotes joint strategic planning and 
decisionmaking 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.— 
(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; 
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(B) describes any proposed modifications 
to a Partnership previously designated by Con-
gress under subsection (f); and 
(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— 
(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.— 
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(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 Act. 
SEC. 6. 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 Act. 
(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 Act for the following 
fiscal year. 
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(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— 
(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 Act; 
(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; 
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(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 
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; 
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(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 
(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 Act unless 
the fish habitat conservation project includes an 
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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 
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 Act if the 
acquisition ensures— 
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(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 Act 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 
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 Act for, any real property interest acquisi-
tion unless the Partnership that recommended 
the project has conducted a project assessment, 
submitted with the funding request and ap-
proved by the Board, to demonstrate all other 
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Federal, State, and local authorities for the ac-
quisition of real property have been exhausted. 
(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 Act, un-
less— 
(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, 
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-
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-
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tat 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 Act may be considered to be non- 
Federal funds for the purpose of paragraph (1). 
(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 Act 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 
180 days after the date of receipt of the rec-
ommendation, the Secretary shall provide to the 
Board, the appropriate Partnership, and the appro-
priate congressional committees a written statement 
of the reasons that the Secretary rejected the fish 
habitat conservation project. 
SEC. 7. TECHNICAL AND SCIENTIFIC ASSISTANCE. 
(a) IN GENERAL.—The Director, the NOAA Assist-
ant Administrator, the EPA Assistant Administrator, and 
the Director of the United States Geological Survey, in 
coordination with the Forest Service and other appro-
priate Federal departments and agencies, may provide sci-
entific and technical assistance to Partnerships, partici-
pants in fish habitat conservation projects, and the Board. 
(b) INCLUSIONS.—Scientific and technical assistance 
provided under subsection (a) may include— 
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SEC. 8. 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 Act, including notification, by not 
later than 30 days before the date on which the activity 
is implemented. 
SEC. 9. 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 NOAA Assistant Administrator, the 
EPA Assistant Administrator, the Director of the United 
States Geological Survey, and the heads of other appro-
priate Federal departments and agencies (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-
rial needs for the implementation of this Act; and 
(2) any interagency agreements between or 
among Federal departments and agencies to address 
those needs. 
SEC. 10. ACCOUNTABILITY AND REPORTING. 
(a) REPORTING.— 
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(1) IN GENERAL.—Not later than 5 years after 
the date of enactment of this Act, and every 5 years 
thereafter, the Board shall submit to the appropriate 
congressional committees a report describing the 
progress of this Act. 
(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 
measures of fish habitat, that was maintained 
or improved by Partnerships under this Act 
during the 5-year period ending on the date of 
submission of the report; 
(B) a description of the public access to 
fish habitats established or improved under this 
Act during that 5-year period; 
(C) a description of the improved opportu-
nities for public recreational fishing achieved 
under this Act; 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— 
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(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; 
(iv) a justification for any rejection of 
a fish habitat conservation project rec-
ommended 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 under 
this Act. 
(b) STATUS AND TRENDS REPORT.—Not later than 
December 31, 2019, and every 5 years thereafter, the 
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Board shall submit to the appropriate congressional com-
mittees a report that includes— 
(1) a status of all Partnerships designated 
under this Act; 
(2) a description of the status of fish habitats 
in the United States as identified by designated 
Partnerships; and 
(3) enhancements or reductions in public access 
as a result of— 
(A) the activities of the Partnerships; or 
(B) any other activities carried out pursu-
ant to this Act. 
SEC. 11. EFFECT OF THE ACT. 
(a) WATER RIGHTS.—Nothing in this Act— 
(1) establishes any express or implied reserved 
water right in the United States for any purpose; 
(2) affects any water right in existence on the 
date of enactment of this Act; 
(3) preempts or affects any State water law or 
interstate compact governing water; or 
(4) affects any Federal or State law in exist-
ence on the date of enactment of the Act regarding 
water quality or water quantity. 
(b) AUTHORITY TO ACQUIRE WATER RIGHTS OR 
RIGHTS TO PROPERTY.—Only a State, local government, 
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or other non-Federal entity may acquire, under State law, 
water rights or rights to property with funds made avail-
able through Section 13. 
(c) 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. 
(d) EFFECT ON INDIAN TRIBES.—Nothing in this 
Act abrogates, abridges, affects, modifies, supersedes, or 
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. 
(e) 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-
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partments of State, Justice, Commerce, and The Judiciary 
Appropriation Act, 1953 (43 U.S.C. 666). 
(f) DEPARTMENT
OF
COMMERCE
AUTHORITY.— 
Nothing in this Act affects the authority, jurisdiction, or 
responsibility of the Department of Commerce to manage, 
control, or regulate fish or fish habitats under the Magnu-
son-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1801 et seq.). 
(g) EFFECT ON OTHER AUTHORITIES.— 
(1) 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, respectively. 
(2) MITIGATION.—Nothing in this Act author-
izes 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 
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(D) any other Federal law or court settle-
ment. 
(3) CLEAN WATER ACT.—Nothing in this Act 
affects any provision of the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.), including any 
definition in that Act. 
SEC. 12. 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. 13. FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.— 
(1) FISH HABITAT CONSERVATION PROJECTS.— 
There is authorized to be appropriated to the Sec-
retary $7,200,000 for each of fiscal years 2019 
through 2023 to provide funds for fish habitat con-
servation projects approved under section 6(f), of 
which 5 percent is authorized only for projects car-
ried out by Indian Tribes. 
(2) 
ADMINISTRATIVE
AND
PLANNING
EX-
PENSES.—There is authorized to be appropriated to 
the Secretary for each of fiscal years 2019 through 
2023 an amount equal to 5 percent of the amount 
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appropriated for the applicable fiscal year pursuant 
to paragraph (1)— 
(A) for administrative and planning ex-
penses under this Act; and 
(B) to carry out section 10. 
(3) TECHNICAL AND SCIENTIFIC ASSISTANCE.— 
There is authorized to be appropriated for each of 
fiscal years 2018 through 2022 to carry out, and 
provide technical and scientific assistance under, sec-
tion 7— 
(A) $500,000 to the Secretary for use by 
the United States Fish and Wildlife Service; 
(B) $500,000 to the NOAA Assistant Ad-
ministrator for use by the National Oceanic and 
Atmospheric Administration; 
(C) $500,000 to the EPA Assistant Ad-
ministrator for use by the Environmental Pro-
tection Agency; and 
(D) $500,000 to the Secretary for use by 
the United States Geological Survey. 
(b) AGREEMENTS
AND
GRANTS.—The Secretary 
may— 
(1) on the recommendation of the Board, and 
notwithstanding sections 6304 and 6305 of title 31, 
United States Code, and the Federal Financial As-
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sistance Management Improvement Act of 1999 (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 to provide 
funds authorized by this Act for a fish habitat con-
servation project or restoration or enhancement 
project; 
(2) apply for, accept, and, subject to the avail-
ability of appropriations, use a grant from any indi-
vidual or entity to carry out the purposes of this 
Act; and 
(3) subject to the availability of appropriations, 
make funds authorized by this Act available to any 
Federal department or agency for use by that de-
partment or agency to provide grants for any fish 
habitat protection project, restoration project, or en-
hancement 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 
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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 Act— 
(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. 
SEC. 14. PROHIBITION AGAINST IMPLEMENTATION OF REG-
ULATORY AUTHORITY BY FEDERAL AGEN-
CIES THROUGH PARTNERSHIPS. 
Any Partnership designated under this Act— 
(1) shall be for the sole purpose of promoting 
fish conservation; and 
(2) shall not be used to implement any regu-
latory authority of any Federal agency. 
Æ 
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