(I) 1 shall be a representative of the 
Sportfishing and Boating Partnership Council; 
(J) 7 shall be representatives selected from 
at least one from each of the following: 
(i) the recreational sportfishing indus-
try; 
(ii) the commercial fishing industry; 
(iii) marine recreational anglers; 
(iv) freshwater recreational anglers; 
(v) habitat conservation organizations; 
and 
(vi) science-based fishery organizations; 
(K) 1 shall be a representative of a national 
private landowner organization; 
(L) 1 shall be a representative of an agri-
cultural production organization; 
(M) 1 shall be a representative of local gov-
ernment interests involved in fish habitat res-
toration; 
(N) 2 shall be representatives from different 
sectors of corporate industries, which may in-
clude— 
(i) natural resource commodity inter-
ests, such as petroleum or mineral extrac-
tion; 
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(ii) natural resource user industries; 
and 
(iii) industries with an interest in fish 
and fish habitat conservation; and 
(O) 1 shall be a leadership private sector or 
landowner representative of an active partner-
ship. 
(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 em-
ployee 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 provided 
in this section, a member of the Board described 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). 
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(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 remaining 
members of the Board described in subpara-
graphs (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 appoint 
1 representative pursuant to subparagraph (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), 
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(J), (K), (L), (M), (N), or (O) of subsection 
(a)(2) shall be filled by an appointment made by 
the remaining members of the Board. 
(B) TRIBAL REPRESENTATIVES.—Following 
a vacancy of a member of the Board described in 
subparagraph (G) of subsection (a)(2), the Sec-
retary shall recommend to the Board a list of not 
fewer than 3 Tribal representatives, from which 
the remaining members of the Board shall ap-
point 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 suc-
cessor 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 As-
sociation of Fish and Wildlife Agencies appointed 
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under subsection (a)(2)(E) shall 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.— 
(1) IN GENERAL.—The Board shall establish pro-
cedures to carry out the business of the Board, includ-
ing— 
(A) a requirement that a quorum of the 
members of the Board be present to transact 
business; 
(B) a requirement that no recommendations 
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; 
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(D) procedures for designating Partnerships 
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 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 conserva-
tion programs to promote cooperation and coordina-
tion to enhance fish populations and fish habitats; 
(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 support 
local and regional partnerships; 
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(6) to use adaptive management principles, in-
cluding evaluation of project success and function-
ality; 
(7) to develop appropriate local or regional habi-
tat evaluation and assessment measures and criteria 
that are compatible with national habitat condition 
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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(C) a self-governance structure that sup-
ports the implementation of strategic priorities 
for fish habitat; 
(D) the ability to develop local and regional 
relationships with a broad range of entities to 
further strategic priorities for fish and fish habi-
tat; 
(E) a strategic plan that details required 
investments for fish habitat conservation that ad-
dresses the strategic fish habitat priorities of the 
Partnership and supports and meets the strategic 
priorities of the Board; 
(F) the ability to develop and implement 
fish habitat conservation projects that address 
strategic priorities of the Partnership and the 
Board; and 
(G) the ability to develop fish habitat con-
servation priorities based on sound science and 
data, the ability to measure the effectiveness of 
fish habitat projects of the Partnership, and a 
clear plan as to how Partnership science and 
data components will be integrated with the 
overall Board science and data effort. 
(d) REQUIREMENTS FOR RECOMMENDATION TO CON-
GRESS.—The Board may recommend to Congress for des-
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ignation an application for a Partnership submitted under 
subsection (c) if the Board determines that the applicant— 
(1) meets the criteria described in subsection 
(c)(2); 
(2) identifies representatives to provide support 
and technical assistance to the Partnership from a di-
verse group of public and private partners, which 
may include State or local governments, nonprofit en-
tities, 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 impairments 
to facilitate strategic planning and decision making; 
(5) is able to address issues and priorities on a 
nationally significant scale; 
(6) includes a governance structure that— 
(A) reflects the range of all partners; and 
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(B) promotes joint strategic planning and 
decision making by the applicant; 
(7) demonstrates completion of, or significant 
progress toward the development of, a strategic plan 
to address declines in fish populations, rather than 
simply treating symptoms, in accordance with the 
goals and national priorities established by the 
Board; and 
(8) promotes collaboration in developing a stra-
tegic vision and implementation program that is sci-
entifically sound and achievable. 
(e) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than February 1 of 
the first fiscal year beginning after the date of enact-
ment of this Act and each February 1 thereafter, the 
Board shall develop and submit to the appropriate 
congressional committees an annual report, to be enti-
tled ‘‘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 Congress 
for designation as a Partnership; 
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(B) describes any proposed modifications to 
a Partnership previously designated by Congress 
under subsection (f); 
(C) with respect to each entity recommended 
for designation as a Partnership, describes, 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 congressional 
committees and the State agency of any State 
included in a recommended Partnership area 
written notification of the public availability 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 designation 
review by Congress in which Congress shall have the 
opportunity to designate the partnership under sub-
section (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 rec-
ommended 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 Secretary 
a priority list of fish habitat conservation projects that in-
cludes a description, including estimated costs, of each 
project that the Board recommends that the Secretary ap-
prove 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 rec-
ommended to the Secretary under subsection (b) after tak-
ing into consideration, at a minimum, the following infor-
mation: 
(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 conserva-
tion 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 habi-
tat assessment of the Partnership or the Board, 
and aligns or is compatible with other conserva-
tion 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 com-
ponent that includes the local or regional com-
munity. 
(4) The availability of sufficient non-Federal 
funds to match Federal contributions for the fish 
habitat conservation project, as required by subsection 
(e). 
(5) The extent to which the fish habitat conserva-
tion project— 
(A) will increase fish populations in a 
manner that leads to recreational fishing oppor-
tunities for the public; 
(B) will be carried out through a coopera-
tive agreement among Federal, State, and local 
governments, Indian Tribes, and private entities; 
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(C) increases public access to land or water 
for fish and wildlife-dependent recreational op-
portunities; 
(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 ac-
tion 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 recommended by 
the Board under subsection (b) or provided financial 
assistance under this Act unless the fish habitat con-
servation project includes an evaluation plan de-
signed using applicable Board guidance— 
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(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 assessment 
substantiates that the fish habitat conservation 
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 property 
from willing sellers under this Act if the acquisi-
tion ensures— 
(i) public access for fish and wildlife- 
dependent recreation; or 
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(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 in-
terest acquisition projects funded under this 
Act must be approved by the State agency 
in the State in which the project is occur-
ring. 
(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 approved 
by the Board, to demonstrate all other Federal, 
State, and local authorities for the acquisition of 
real property have been exhausted. 
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(D) RESTRICTIONS.—A real property inter-
est may not be acquired pursuant to a fish habi-
tat conservation project by a State, local govern-
ment, or other non-Federal entity conducted with 
funds provided under this Act, unless— 
(i) the owner of the real property au-
thorizes the State, local government, or 
other non-Federal entity to acquire the real 
property; and 
(ii) the Secretary and the Board deter-
mine 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 Partnership. 
(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 unless at 
least 50 percent of the cost of the fish habitat con-
servation project will be funded with non-Federal 
funds. 
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(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 subsection 
(b), and subject to subsection (d) and based, to the 
maximum extent practicable, on the criteria described 
in subsection (c), the Secretary, after consulting with 
the Secretary of Commerce on marine or estuarine 
projects, shall approve or reject any fish habitat con-
servation project recommended by the Board. 
(2) FUNDING.—If the Secretary approves a fish 
habitat conservation project under paragraph (1), the 
Secretary shall use amounts made available to carry 
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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 90 
days after the date of receipt of the recommendation, 
the Secretary shall provide to the Board, the appro-
priate Partnership, and the appropriate 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 Assistant 
Administrator, the EPA 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, may provide scientific and 
technical assistance to Partnerships, participants in fish 
habitat conservation projects, and the Board. 
(b) INCLUSIONS.—Scientific and technical assistance 
provided under subsection (a) may include— 
(1) providing technical and scientific assistance 
to States, Indian Tribes, regions, local communities, 
and nongovernmental organizations in the develop-
ment and implementation of Partnerships; 
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(2) providing technical and scientific assistance 
to Partnerships for habitat assessment, strategic plan-
ning, and prioritization; 
(3) supporting the development and implementa-
tion of fish habitat conservation projects that are 
identified as high priorities by Partnerships and the 
Board; 
(4) supporting and providing recommendations 
regarding the development of science-based monitoring 
and 
assessment 
approaches 
for 
implementation 
through Partnerships; 
(5) supporting and providing recommendations 
for a national fish habitat assessment; 
(6) ensuring the availability of experts to assist 
in conducting scientifically based evaluation and re-
porting of the results of fish habitat conservation 
projects; and 
(7) providing resources to secure State agency 
scientific and technical assistance to support Partner-
ships, participants in fish habitat conservation 
projects, and the Board. 
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 ap-
plicable, of each State and Indian Tribe within the bound-
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aries of which an activity is planned to be carried out pur-
suant to this Act, including notification, by not later than 
30 days before the date on which the activity is imple-
mented. 
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 co-
operation 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.— 
(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 
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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 meas-
ures of fish habitat, that was maintained or im-
proved by Partnerships under this Act during 
the 5-year period ending on the date of submis-
sion 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 habi-
tat conservation projects carried out with funds 
provided under this Act during that period, 
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-
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pamtmann on DSKBC07HB2PROD with BILLS
retary under section 6(f), in order of pri-
ority for funding; 
(iii) a justification for— 
(I) the approval of each fish habi-
tat conservation project; and 
(II) the order of priority for fund-
ing of each fish habitat conservation 
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, Indian 
Tribes, or other entities to carry out fish 
habitat conservation projects under this Act. 
(b) STATUS AND TRENDS REPORT.—Not later than 
December 31, 2020, and every 5 years thereafter, the Board 
shall submit to the appropriate congressional committees a 
report that includes— 
(1) a status of all Partnerships designated under 
this Act; 
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(2) a description of the status of fish habitats in 
the United States as identified by designated Partner-
ships; 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 existence 
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, 
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— 
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(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 Depart-
ments of State, Justice, Commerce, and The Judiciary Ap-
propriation Act, 1953 (43 U.S.C. 666). 
(f) DEPARTMENT OF COMMERCE AUTHORITY.—Noth-
ing in this Act affects the authority, jurisdiction, or respon-
sibility of the Department of Commerce to manage, control, 
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or regulate fish or fish habitats under the Magnuson-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 authorizes 
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. 
(3) CLEAN WATER ACT.—Nothing in this Act af-
fects any provision of the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.), including any 
definition in that Act. 
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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 carried 
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 ap-
propriated 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 fis-
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cal years 2020 through 2024 to carry out, and pro-
vide technical and scientific assistance under, section 
7— 
(A) $400,000 to the Secretary for use by the 
United States Fish and Wildlife Service; 
(B) $400,000 to the NOAA Assistant Ad-
ministrator for use by the National Oceanic and 
Atmospheric Administration; 
(C) $400,000 to the EPA Assistant Admin-
istrator for use by the Environmental Protection 
Agency; 
(D) $400,000 to the Secretary for use by the 
United States Geological Survey; and 
(E) $400,000 to the Chief of the Forest 
Service for use by the United States Department 
of Agriculture Forest Service. 
(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 Assist-
ance Management Improvement Act of 1999 (31 
U.S.C. 6101 note; Public Law 106–107), enter into a 
grant agreement, cooperative agreement, or contract 
with a Partnership or other entity to provide funds 
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authorized by this Act for a fish habitat conservation 
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 depart-
ment or agency 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 In-
ternal Revenue Code of 1986 that is exempt from 
taxation under section 501(a) of that Code to so-
licit 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. 
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Union Calendar No. 255 
116TH CONGRESS 
1ST SESSION 
H. R. 1747 
[Report No. 116–314] 
A BILL 
To encourage partnerships among public agencies 
and other interested persons to promote fish con-
servation. 
NOVEMBER 26, 2019 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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