Title: HELP for Wildlife Act
Policy area: Animals

Summary:
Hunting Heritage and Environmental Legacy Preservation for Wildlife Act or the HELP for Wildlife Act
This bill revises a variety of existing programs to expand access to, and opportunities for, hunting, fishing, and recreational shooting.
The bill reauthorizes through FY2022 the North American Wetlands Conservation Act, the National Fish and Wildlife Foundation Establishment Act, the Neotropical Migratory Bird Conservation Act, and the Chesapeake Bay Program. It also reauthorizes through FY2023 the Chesapeake Bay Gateways and Watertrails Network and the Chesapeake Bay Gateways Grants Assistance Program.
The proportion of funding from the Pittman-Robertson Wildlife Restoration Act that states may use for public target ranges is increased.
The bill revises standards for determining what a baited area is for purposes of the prohibition on taking migratory game birds.
The Department of the Interior must reissue two rules that removed protections under the Endangered Species Act of 1973 for the gray wolf populations located in the western Great Lakes (all of Wisconsin, Michigan, and Minnesota, as well as portions of North Dakota, South Dakota, Iowa, Illinois, Indiana, and Ohio) and Wyoming. Interior's prior rules that removed the protections were overruled by district courts.
Components of firearms and ammunition and sport fishing equipment and its components (such as lead sinkers) are exempted from regulations of chemical substances under the Toxic Substances Control Act.
The National Fish Habitat Board is established to: (1) promote, oversee, and coordinate the implementation of the National Fish Habitat Action Plan; (2) establish national goals and priorities for fish habitat conservation; (3) recommend the designation of Fish Habitat Partnerships; and (4) review and make recommendations regarding fish habitat conservation projects.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1514 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1514

    To amend certain Acts to reauthorize those Acts and to increase 
           protections for wildlife, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2017

Mr. Barrasso (for himself, Mr. Cardin, Mr. Boozman, Ms. Klobuchar, Mrs. 
Capito, and Ms. Baldwin) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
    To amend certain Acts to reauthorize those Acts and to increase 
           protections for wildlife, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hunting Heritage and Environmental 
Legacy Preservation for Wildlife Act'' or the ``HELP for Wildlife 
Act''.

SEC. 2. TARGET PRACTICE AND MARKSMANSHIP.

    (a) Purpose.--The purpose of this section is to facilitate the 
construction and expansion of public target ranges, including ranges on 
Federal land managed by the Forest Service and the Bureau of Land 
Management.
    (b) Definition of Public Target Range.--In this section, the term 
``public target range'' means a specific location that--
            (1) is identified by a governmental agency for recreational 
        shooting;
            (2) is open to the public;
            (3) may be supervised; and
            (4) may accommodate archery or rifle, pistol, or shotgun 
        shooting.
    (c) Amendments to Pittman-Robertson Wildlife Restoration Act.--
            (1) Definitions.--Section 2 of the Pittman-Robertson 
        Wildlife Restoration Act (16 U.S.C. 669a) is amended--
                    (A) by redesignating paragraphs (2) through (8) as 
                paragraphs (3) through (9), respectively; and
                    (B) by inserting after paragraph (1) the following:
            ``(2) the term `public target range' means a specific 
        location that--
                    ``(A) is identified by a governmental agency for 
                recreational shooting;
                    ``(B) is open to the public;
                    ``(C) may be supervised; and
                    ``(D) may accommodate archery or rifle, pistol, or 
                shotgun shooting;''.
            (2) Expenditures for management of wildlife areas and 
        resources.--Section 8(b) of the Pittman-Robertson Wildlife 
        Restoration Act (16 U.S.C. 669g(b)) is amended--
                    (A) by striking ``(b) Each State'' and inserting 
                the following:
    ``(b) Expenditures for Management of Wildlife Areas and 
Resources.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State'';
                    (B) in paragraph (1) (as so designated), in the 
                first sentence, by striking ``construction, 
                operation,'' and inserting ``operation'';
                    (C) in the second sentence, by striking ``The non-
                Federal share'' and inserting the following:
            ``(3) Non-federal share.--The non-Federal share'';
                    (D) in the third sentence, by striking ``The 
                Secretary'' and inserting the following:
            ``(4) Regulations.--The Secretary''; and
                    (E) by inserting after paragraph (1) (as designated 
                by subparagraph (A)) the following:
            ``(2) Exception.--Notwithstanding the limitation described 
        in paragraph (1), a State may pay up to 90 percent of the cost 
        of acquiring land for, expanding, or constructing a public 
        target range.''.
            (3) Firearm and bow hunter education and safety program 
        grants.--Section 10 of the Pittman-Robertson Wildlife 
        Restoration Act (16 U.S.C. 669h-1) is amended--
                    (A) in subsection (a), by adding at the end the 
                following:
            ``(3) Allocation of additional amounts.--Of the amount 
        apportioned to a State for any fiscal year under section 4(b), 
        the State may elect to allocate not more than 10 percent, to be 
        combined with the amount apportioned to the State under 
        paragraph (1) for that fiscal year, for acquiring land for, 
        expanding, or constructing a public target range.'';
                    (B) by striking subsection (b) and inserting the 
                following:
    ``(b) Cost Sharing.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost of any activity carried out using a 
        grant under this section shall not exceed 75 percent of the 
        total cost of the activity.
            ``(2) Public target range construction or expansion.--The 
        Federal share of the cost of acquiring land for, expanding, or 
        constructing a public target range in a State on Federal or 
        non-Federal land pursuant to this section or section 8(b) shall 
        not exceed 90 percent of the cost of the activity.''; and
                    (C) in subsection (c)(1)--
                            (i) by striking ``Amounts made'' and 
                        inserting the following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), amounts made''; and
                            (ii) by adding at the end the following:
                    ``(B) Exception.--Amounts provided for acquiring 
                land for, constructing, or expanding a public target 
                range shall remain available for expenditure and 
                obligation during the 5-fiscal-year period beginning on 
                October 1 of the first fiscal year for which the 
                amounts are made available.''.
    (d) Sense of Congress Regarding Cooperation.--It is the sense of 
Congress that, consistent with applicable laws (including regulations), 
the Chief of the Forest Service and the Director of the Bureau of Land 
Management should cooperate with State and local authorities and other 
entities to carry out waste removal and other activities on any Federal 
land used as a public target range to encourage continued use of that 
land for target practice or marksmanship training.

SEC. 3. BAITING OF MIGRATORY GAME BIRDS.

    Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is 
amended by striking subsection (b) and inserting the following:
    ``(b) Prohibition of Baiting.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Baited area.--
                            ``(i) In general.--The term `baited area' 
                        means--
                                    ``(I) any area on which salt, 
                                grain, or other feed has been placed, 
                                exposed, deposited, distributed, or 
                                scattered, if the salt, grain, or feed 
                                could lure or attract migratory game 
                                birds; and
                                    ``(II) in the case of waterfowl, 
                                cranes (family Gruidae), and coots 
                                (family Rallidae), a standing, 
                                unharvested crop that has been 
                                manipulated through activities such as 
                                mowing, discing, or rolling, unless the 
                                activities are normal agricultural 
                                practices.
                            ``(ii) Exclusions.--An area shall not be 
                        considered to be a `baited area' if the area--
                                    ``(I) has been treated with a 
                                normal agricultural practice;
                                    ``(II) has standing crops that have 
                                not been manipulated; or
                                    ``(III) has standing crops that 
                                have been or are flooded.
                    ``(B) Baiting.--The term `baiting' means the direct 
                or indirect placing, exposing, depositing, 
                distributing, or scattering of salt, grain, or other 
                feed that could lure or attract migratory game birds 
                to, on, or over any areas on which a hunter is 
                attempting to take migratory game birds.
                    ``(C) Migratory game bird.--The term `migratory 
                game bird' means migratory bird species--
                            ``(i) that are within the taxonomic 
                        families of Anatidae, Columbidae, Gruidae, 
                        Rallidae, and Scolopacidae; and
                            ``(ii) for which open seasons are 
                        prescribed by the Secretary of the Interior.
                    ``(D) Normal agricultural practice.--
                            ``(i) In general.--The term `normal 
                        agricultural practice' means any practice in 1 
                        annual growing season that--
                                    ``(I) is carried out in order to 
                                produce a marketable crop, including 
                                planting, harvest, post-harvest, or 
                                soil conservation practices; and
                                    ``(II) is recommended for the 
                                successful harvest of a given crop by 
                                the applicable State office of the 
                                Cooperative Extension System of the 
                                Department of Agriculture, in 
                                consultation with, and if requested, 
                                the concurrence of, the head of the 
                                applicable State department of fish and 
                                wildlife.
                            ``(ii) Inclusions.--
                                    ``(I) In general.--Subject to 
                                subclause (II), the term `normal 
                                agricultural practice' includes the 
                                destruction of a crop in accordance 
                                with practices required by the Federal 
                                Crop Insurance Corporation for 
                                agricultural producers to obtain crop 
                                insurance under the Federal Crop 
                                Insurance Act (7 U.S.C. 1501 et seq.) 
                                on land on which a crop during the 
                                current or immediately preceding crop 
                                year was not harvestable due to a 
                                natural disaster (including any 
                                hurricane, storm, tornado, flood, high 
                                water, wind-driven water, tidal wave, 
                                tsunami, earthquake, volcanic eruption, 
                                landslide, mudslide, drought, fire, 
                                snowstorm, or other catastrophe that is 
                                declared a major disaster by the 
                                President in accordance with section 
                                401 of the Robert T. Stafford Disaster 
                                Relief and Emergency Assistance Act (42 
                                U.S.C. 5170)).
                                    ``(II) Limitations.--The term 
                                `normal agricultural practice' only 
                                includes a crop described in subclause 
                                (I) that has been destroyed or 
                                manipulated through activities that 
                                include (but are not limited to) 
                                mowing, discing, or rolling if the 
                                Federal Crop Insurance Corporation 
                                certifies that flooding was not an 
                                acceptable method of destruction to 
                                obtain crop insurance under the Federal 
                                Crop Insurance Act (7 U.S.C. 1501 et 
                                seq.).
                    ``(E) Waterfowl.--The term `waterfowl' means native 
                species of the family Anatidae.
            ``(2) Prohibition.--It shall be unlawful for any person--
                    ``(A) to take any migratory game bird by baiting or 
                on or over any baited area, if the person knows or 
                reasonably should know that the area is a baited area; 
                or
                    ``(B) to place or direct the placement of bait on 
                or adjacent to an area for the purpose of causing, 
                inducing, or allowing any person to take or attempt to 
                take any migratory game bird by baiting or on or over 
                the baited area.
            ``(3) Regulations.--The Secretary of the Interior may 
        promulgate regulations to implement this subsection.
            ``(4) Reports.--Annually, the Secretary of Agriculture 
        shall submit to the Secretary of the Interior a report that 
        describes any changes to normal agricultural practices across 
        the range of crops grown by agricultural producers in each 
        region of the United States in which the recommendations are 
        provided to agricultural producers.''.

SEC. 4. NORTH AMERICAN WETLANDS CONSERVATION ACT.

    (a) Real Property.--Section 6(a)(3) of the North American Wetlands 
Conservation Act (16 U.S.C. 4405(a)(3)) is amended--
            (1) by striking ``(3) in lieu of'' and inserting the 
        following:
            ``(3) Provision of funds or conveyance of real property 
        interest.--
                    ``(A) In general.--In lieu of'';
            (2) in the second sentence, by striking ``The Secretary 
        shall'' and inserting the following:
                    ``(B) Determination.--The Secretary shall''; and
            (3) by striking the third sentence and inserting the 
        following:
                    ``(C) Real property.--Any real property interest 
                conveyed under this paragraph shall be subject to terms 
                and conditions that ensure that--
                            ``(i) the real property interest will be 
                        administered for the long-term conservation and 
                        management of the wetland ecosystem and the 
                        fish and wildlife dependent on that ecosystem;
                            ``(ii) the grantor of a real property 
                        interest has been provided with information 
                        relating to all available conservation options, 
                        including conservation options that involve the 
                        conveyance of a real property interest for a 
                        limited period of time; and
                            ``(iii) the provision of the information 
                        described in clause (ii) has been 
                        documented.''.
    (b) Authorization of Appropriations.--Section 7(c) of the North 
American Wetlands Conservation Act (16 U.S.C. 4406(c)) is amended--
            (1) in paragraph (4), by striking ``and'';
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) $50,000,000 for each of fiscal years 2018 through 
        2022.''.

SEC. 5. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT.

    (a) Board of Directors of Foundation.--
            (1) In general.--Section 3 of the National Fish and 
        Wildlife Foundation Establishment Act (16 U.S.C. 3702) is 
        amended--
                    (A) in subsection (b)--
                            (i) by striking paragraph (2) and inserting 
                        the following:
            ``(2) In general.--After consulting with the Secretary of 
        Commerce and considering the recommendations submitted by the 
        Board, the Secretary of the Interior shall appoint 28 Directors 
        who, to the maximum extent practicable, shall--
                    ``(A) be knowledgeable and experienced in matters 
                relating to the conservation of fish, wildlife, or 
                other natural resources; and
                    ``(B) represent a balance of expertise in ocean, 
                coastal, freshwater, and terrestrial resource 
                conservation.''; and
                            (ii) by striking paragraph (3) and 
                        inserting the following:
            ``(3) Terms.--Each Director (other than a Director 
        described in paragraph (1)) shall be appointed for a term of 6 
        years.''; and
                    (B) in subsection (g)(2)--
                            (i) in subparagraph (A), by striking ``(A) 
                        Officers and employees may not be appointed 
                        until the Foundation has sufficient funds to 
                        pay them for their service. Officers'' and 
                        inserting the following:
                    ``(A) In general.--Officers''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Executive director.--The Foundation shall 
                have an Executive Director who shall be--
                            ``(i) appointed by, and serve at the 
                        direction of, the Board as the chief executive 
                        officer of the Foundation; and
                            ``(ii) knowledgeable and experienced in 
                        matters relating to fish and wildlife 
                        conservation.''.
            (2) Conforming amendment.--Section 4(a)(1)(B) of the North 
        American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) is 
        amended by striking ``Secretary of the Board'' and inserting 
        ``Executive Director of the Board''.
    (b) Rights and Obligations of Foundation.--Section 4 of the 
National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
3703) is amended--
            (1) in subsection (c)--
                    (A) by striking ``(c) Powers.--To carry out its 
                purposes under'' and inserting the following:
    ``(c) Powers.--
            ``(1) In general.--To carry out the purposes described 
        in'';
                    (B) by redesignating paragraphs (1) through (11) as 
                subparagraphs (A) through (K), respectively, and 
                indenting appropriately;
                    (C) in subparagraph (D) (as redesignated by 
                subparagraph (B)), by striking ``that are insured by an 
                agency or instrumentality of the United States'' and 
                inserting ``at 1 or more financial institutions that 
                are members of the Federal Deposit Insurance 
                Corporation or the Securities Investment Protection 
                Corporation'';
                    (D) in subparagraph (E) (as redesignated by 
                subparagraph (B)), by striking ``paragraph (3) or (4)'' 
                and inserting ``subparagraph (C) or (D)'';
                    (E) in subparagraph (J) (as redesignated by 
                subparagraph (B)), by striking ``and'' at the end;
                    (F) by striking subparagraph (K) (as redesignated 
                by subparagraph (B)) and inserting the following:
                    ``(K) to receive and administer restitution and 
                community service payments, amounts for mitigation of 
                impacts to natural resources, and other amounts arising 
                from legal, regulatory, or administrative proceedings, 
                subject to the condition that the amounts are received 
                or administered for purposes that further the 
                conservation and management of fish, wildlife, plants, 
                and other natural resources; and
                    ``(L) to do acts necessary to carry out the 
                purposes of the Foundation.''; and
                    (G) by striking the undesignated matter at the end 
                and inserting the following:
            ``(2) Treatment of real property.--
                    ``(A) In general.--For purposes of this Act, an 
                interest in real property shall be treated as including 
                easements or other rights for preservation, 
                conservation, protection, or enhancement by and for the 
                public of natural, scenic, historic, scientific, 
                educational, inspirational, or recreational resources.
                    ``(B) Encumbered real property.--A gift, devise, or 
                bequest may be accepted by the Foundation even though 
                the gift, devise, or bequest is encumbered, restricted, 
                or subject to beneficial interests of private persons 
                if any current or future interest in the gift, devise, 
                or bequest is for the benefit of the Foundation.
            ``(3) Savings clause.--The acceptance and administration of 
        amounts by the Foundation under paragraph (1)(K) does not 
        alter, supersede, or limit any regulatory or statutory 
        requirement associated with those amounts.'';
            (2) by striking subsections (f) and (g); and
            (3) by redesignating subsections (h) and (i) as subsections 
        (f) and (g), respectively.
    (c) Authorization of Appropriations.--Section 10 of the National 
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is 
amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this Act for each of fiscal years 2018 through 
        2022--
                    ``(A) $15,000,000 to the Secretary of the Interior;
                    ``(B) $5,000,000 to the Secretary of Agriculture; 
                and
                    ``(C) $5,000,000 to the Secretary of Commerce.'';
            (2) in subsection (b)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) Amounts from federal agencies.--
                    ``(A) In general.--In addition to the amounts 
                authorized to be appropriated under subsection (a), 
                Federal departments, agencies, or instrumentalities are 
                authorized to provide funds to the Foundation through 
                Federal financial assistance grants and cooperative 
                agreements, subject to the condition that the amounts 
                are used for purposes that further the conservation and 
                management of fish, wildlife, plants, and other natural 
                resources in accordance with this Act.
                    ``(B) Advances.--Federal departments, agencies, or 
                instrumentalities may advance amounts described in 
                subparagraph (A) to the Foundation in a lump sum 
                without regard to when the expenses for which the 
                amounts are used are incurred.
                    ``(C) Management fees.--The Foundation may assess 
                and collect fees for the management of amounts received 
                under this paragraph.'';
                    (B) in paragraph (2)--
                            (i) in the paragraph heading, by striking 
                        ``funds'' and inserting ``amounts'';
                            (ii) by striking ``shall be used'' and 
                        inserting ``may be used''; and
                            (iii) by striking ``and State and local 
                        government agencies'' and inserting ``, State 
                        and local government agencies, and other 
                        entities''; and
                    (C) by adding at the end the following:
            ``(3) Administration of amounts.--
                    ``(A) In general.--In entering into contracts, 
                agreements, or other partnerships pursuant to this Act, 
                a Federal department, agency, or instrumentality shall 
                have discretion to waive any competitive process 
                applicable to the department, agency, or 
                instrumentality for entering into contracts, 
                agreements, or partnerships with the Foundation if the 
                purpose of the waiver is--
                            ``(i) to address an environmental emergency 
                        resulting from a natural or other disaster; or
                            ``(ii) as determined by the head of the 
                        applicable Federal department, agency, or 
                        instrumentality, to reduce administrative 
                        expenses and expedite the conservation and 
                        management of fish, wildlife, plants, and other 
                        natural resources.
                    ``(B) Reports.--The Foundation shall include in the 
                annual report submitted under section 7(b) a 
                description of any use of the authority under 
                subparagraph (A) by a Federal department, agency, or 
                instrumentality in that fiscal year.''; and
            (3) by adding at the end the following:
    ``(d) Use of Gifts, Devises, or Bequests of Money or Other 
Property.--Any gifts, devises, or bequests of amounts or other 
property, or any other amounts or other property, transferred to, 
deposited with, or otherwise in the possession of the Foundation 
pursuant to this Act, may be made available by the Foundation to 
Federal departments, agencies, or instrumentalities and may be accepted 
and expended (or the disposition of the amounts or property directed), 
without further appropriation, by those Federal departments, agencies, 
or instrumentalities, subject to the condition that the amounts or 
property be used for purposes that further the conservation and 
management of fish, wildlife, plants, and other natural resources.''.
    (d) Limitation on Authority.--Section 11 of the National Fish and 
Wildlife Foundation Establishment Act (16 U.S.C. 3710) is amended by 
inserting ``exclusive'' before ``authority''.

SEC. 6. REAUTHORIZATION OF NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT.

    Section 10 of the Neotropical Migratory Bird Conservation Act (16 
U.S.C. 6109) is amended to read as follows:

``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry 
out this Act $6,500,000 for each of fiscal years 2018 through 2022.
    ``(b) Use of Funds.--Of the amounts made available under subsection 
(a) for each fiscal year, not less than 75 percent shall be expended 
for projects carried out at a location outside of the United States.''.

SEC. 7. REISSUANCE OF FINAL RULE REGARDING GRAY WOLVES IN WESTERN GREAT 
              LAKES.

    Before the end of the 60-day period beginning on the date of 
enactment of this Act, the Secretary of the Interior shall reissue the 
final rule published on December 28, 2011 (76 Fed. Reg. 81666), without 
regard to any other provision of statute or regulation that applies to 
issuance of such rule. Such reissuance shall not be subject to judicial 
review.

SEC. 8. REISSUANCE OF FINAL RULE REGARDING GRAY WOLVES IN WYOMING.

    The final rule published on September 10, 2012 (77 Fed. Reg. 55530) 
that was reinstated on March 3, 2017, by the decision of the U.S. Court 
of Appeals for the District of Columbia (No. 14-5300) and further 
republished on May 1, 2017 (82 Fed. Reg. 20284-85) that reinstates the 
removal of Federal protections for the gray wolf in Wyoming under the 
Endangered Species Act of 1973, as amended, shall not be subject to 
judicial review.

SEC. 9. MODIFICATION OF DEFINITION OF SPORT FISHING EQUIPMENT UNDER 
              TOXIC SUBSTANCES CONTROL ACT.

    Section 3(2)(B) of the Toxic Substances Control Act (15 U.S.C. 
2602(2)(B)) is amended--
            (1) in clause (v), by striking ``and'' at the end;
            (2) in clause (vi) by striking the period at the end and 
        inserting ``, and''; and
            (3) by inserting after clause (vi) the following:
            ``(vii) any sport fishing equipment (as such term is 
        defined in section 4162(a) of the Internal Revenue Code of 
        1986) the sale of which is subject to the tax imposed by 
        section 4161(a) of such Code (determined without regard to any 
        exemptions from such tax provided by section 4162 or 4221 or 
        any other provision of such Code), and sport fishing equipment 
        components.''.

SEC. 10. REAUTHORIZATION OF CHESAPEAKE BAY PROGRAM.

    Section 117 of the Federal Water Pollution Control Act (33 U.S.C. 
1267) is amended by striking subsection (j) and inserting the 
following:
    ``(j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $90,000,000 for each of fiscal 
years 2018 through 2022.''.

SEC. 11. REAUTHORIZATION OF CHESAPEAKE BAY INITIATIVE ACT OF 1998.

    Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (Public 
Law 105-312; 112 Stat. 2963; 129 Stat. 2579) is amended by striking 
``2017'' and inserting ``2023''.

SEC. 12. NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS.

    (a) Purpose.--The purpose of this section is to encourage 
partnerships among public agencies and other interested parties to 
promote fish conservation--
            (1) to achieve measurable habitat conservation results 
        through strategic actions of Fish Habitat Partnerships that 
        lead to better fish habitat conditions 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 conservation 
        strategies as a framework to guide future actions and 
        investment by Fish Habitat Partnerships;
            (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 Assessment 
        and the associated database of the National Fish Habitat 
        Assessment--
                    (A) to empower strategic conservation actions 
                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 conservation goals; and
            (5) to communicate to the public and conservation 
        partners--
                    (A) the conservation outcomes produced collectively 
                by Fish Habitat Partnerships; and
                    (B) new opportunities and voluntary approaches for 
                conserving fish habitat.
    (b) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation and the Committee on Environment 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 National Fish 
        Habitat Board established by subsection (c)(1)(A).
            (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 Assistant Administrator for Water of 
        the Environmental Protection Agency.
            (5) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (6) NOAA assistant administrator.--The term ``NOAA 
        Assistant Administrator'' means the Assistant Administrator for 
        Fisheries of the National 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 subsection (d)(1).
            (8) Real property interest.--The term ``real property 
        interest'' means an ownership interest in--
                    (A) land; or
                    (B) water (including water rights).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (10) State.--The term ``State'' means each of the several 
        States.
            (11) State agency.--The term ``State agency'' means--
                    (A) the fish and wildlife agency of a State; and
                    (B) any department or division of a department or 
                agency of a State that manages in the public trust the 
                inland or marine fishery resources or sustains the 
                habitat for those fishery resources of the State 
                pursuant to State law or the constitution of the State.
    (c) National Fish Habitat Board.--
            (1) Establishment.--
                    (A) Fish habitat board.--There is established a 
                board, to be known as the ``National Fish Habitat 
                Board'', whose duties are--
                            (i) to promote, oversee, and coordinate the 
                        implementation of this section;
                            (ii) to establish national goals and 
                        priorities for fish habitat conservation;
                            (iii) to recommend to Congress entities for 
                        designation as Partnerships; and
                            (iv) to review and make recommendations 
                        regarding fish habitat conservation projects.
                    (B) Membership.--The Board shall be composed of 25 
                members, of whom--
                            (i) 1 shall be a representative of the 
                        Department of the Interior;
                            (ii) 1 shall be a representative of the 
                        United States Geological Survey;
                            (iii) 1 shall be a representative of the 
                        Department of Commerce;
                            (iv) 1 shall be a representative of the 
                        Department of Agriculture;
                            (v) 1 shall be a representative of the 
                        Association of Fish and Wildlife Agencies;
                            (vi) 4 shall be representatives of State 
                        agencies, 1 of whom shall be nominated by a 
                        regional association of fish and wildlife 
                        agencies from each of the Northeast, Southeast, 
                        Midwest, and Western regions of the United 
                        States;
                            (vii) 1 shall be a representative of 
                        either--
                                    (I) Indian tribes in the State of 
                                Alaska; or
                                    (II) Indian tribes in States other 
                                than the State of Alaska;
                            (viii) 1 shall be a representative of 
                        either--
                                    (I) the Regional Fishery Management 
                                Councils established under section 302 
                                of the Magnuson-Stevens Fishery 
                                Conservation and Management Act (16 
                                U.S.C. 1852); or
                                    (II) a representative of the Marine 
                                Fisheries Commissions, which is 
                                composed of--
                                            (aa) the Atlantic States 
                                        Marine Fisheries Commission;
                                            (bb) the Gulf States Marine 
                                        Fisheries Commission; and
                                            (cc) the Pacific States 
                                        Marine Fisheries Commission;
                            (ix) 1 shall be a representative of the 
                        Sportfishing and Boating Partnership Council;
                            (x) 7 shall be representatives selected 
                        from each of--
                                    (I) the recreational sportfishing 
                                industry;
                                    (II) the commercial fishing 
                                industry;
                                    (III) marine recreational anglers;
                                    (IV) freshwater recreational 
                                anglers;
                                    (V) habitat conservation 
                                organizations; and
                                    (VI) science-based fishery 
                                organizations;
                            (xi) 1 shall be a representative of a 
                        national private landowner organization;
                            (xii) 1 shall be a representative of an 
                        agricultural production organization;
                            (xiii) 1 shall be a representative of local 
                        government interests involved in fish habitat 
                        restoration;
                            (xiv) 2 shall be representatives from 
                        different sectors of corporate industries, 
                        which may include--
                                    (I) natural resource commodity 
                                interests, such as petroleum or mineral 
                                extraction;
                                    (II) natural resource user 
                                industries; and
                                    (III) industries with an interest 
                                in fish and fish habitat conservation; 
                                and
                            (xv) 1 shall be a leadership private sector 
                        or landowner representative of an active 
                        partnership.
                    (C) Compensation.--A member of the Board shall 
                serve without compensation.
                    (D) 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.
            (2) Appointment and terms.--
                    (A) In general.--Except as otherwise provided in 
                this subsection, a member of the Board described in any 
                of clauses (vi) through (xiv) of paragraph (1)(B) shall 
                serve for a term of 3 years.
                    (B) Initial board membership.--
                            (i) In general.--The initial Board will 
                        consist of representatives as described in 
                        clauses (i) through (vi) of paragraph (1)(B).
                            (ii) Remaining members.--Not later than 60 
                        days after the date of enactment of this Act, 
                        the representatives of the initial Board 
                        pursuant to clause (i) shall appoint the 
                        remaining members of the Board described in 
                        clauses (viii) through (xiv) of paragraph 
                        (1)(B).
                            (iii) Tribal representatives.--Not later 
                        than 60 days after the enactment of this Act, 
                        the Secretary shall provide to the Board a 
                        recommendation of not fewer than 3 tribal 
                        representatives, from which the Board shall 
                        appoint 1 representative pursuant to clause 
                        (vii) of paragraph (1)(B).
                    (C) Transitional terms.--Of the members described 
                in paragraph (1)(B)(x) initially appointed to the 
                Board--
                            (i) 2 shall be appointed for a term of 1 
                        year;
                            (ii) 2 shall be appointed for a term of 2 
                        years; and
                            (iii) 3 shall be appointed for a term of 3 
                        years.
                    (D) Vacancies.--
                            (i) In general.--A vacancy of a member of 
                        the Board described in any of clauses (viii) 
                        through (xiv) of paragraph (1)(B) shall be 
                        filled by an appointment made by the remaining 
                        members of the Board.
                            (ii) Tribal representatives.--Following a 
                        vacancy of a member of the Board described in 
                        clause (vii) of paragraph (1)(B), the Secretary 
                        shall recommend to the Board a list of not 
                        fewer than 3 tribal representatives, from which 
                        the remaining members of the Board shall 
                        appoint a representative to fill the vacancy.
                    (E) Continuation of service.--An individual whose 
                term of service as a member of the Board expires may 
                continue to serve on the Board until a successor is 
                appointed.
                    (F) Removal.--If a member of the Board described in 
                any of clauses (viii) through (xiv) of paragraph (1)(B) 
                misses 3 consecutive regularly scheduled Board 
                meetings, the members of the Board may--
                            (i) vote to remove that member; and
                            (ii) appoint another individual in 
                        accordance with subparagraph (D).
            (3) Chairperson.--
                    (A) In general.--The representative of the 
                Association of Fish and Wildlife Agencies appointed 
                pursuant to paragraph (1)(B)(v) shall serve as 
                Chairperson of the Board.
                    (B) Term.--The Chairperson of the Board shall serve 
                for a term of 3 years.
            (4) Meetings.--
                    (A) In general.--The Board shall meet--
                            (i) at the call of the Chairperson; but
                            (ii) not less frequently than twice each 
                        calendar year.
                    (B) Public access.--All meetings of the Board shall 
                be open to the public.
            (5) Procedures.--
                    (A) In general.--The Board shall establish 
                procedures to carry out the business of the Board, 
                including--
                            (i) a requirement that a quorum of the 
                        members of the Board be present to transact 
                        business;
                            (ii) a requirement that no recommendations 
                        may be adopted by the Board, except by the vote 
                        of \2/3\ of all members;
                            (iii) procedures for establishing national 
                        goals and priorities for fish habitat 
                        conservation for the purposes of this section;
                            (iv) procedures for designating 
                        Partnerships under subsection (d); and
                            (v) procedures for reviewing, evaluating, 
                        and making recommendations regarding fish 
                        habitat conservation projects.
                    (B) Quorum.--A majority of the members of the Board 
                shall constitute a quorum.
    (d) Fish Habitat Partnerships.--
            (1) Authority to recommend.--The Board may recommend to 
        Congress the designation of Fish Habitat Partnerships in 
        accordance with this subsection.
            (2) Purposes.--The purposes of a Partnership shall be--
                    (A) to work with other regional habitat 
                conservation programs to promote cooperation and 
                coordination to enhance fish and fish habitats;
                    (B) to engage local and regional communities to 
                build support for fish habitat conservation;
                    (C) to involve diverse groups of public and private 
                partners;
                    (D) to develop collaboratively a strategic vision 
                and achievable implementation plan that is 
                scientifically sound;
                    (E) to leverage funding from sources that support 
                local and regional partnerships;
                    (F) to use adaptive management principles, 
                including evaluation of project success and 
                functionality;
                    (G) to develop appropriate local or regional 
                habitat evaluation and assessment measures and criteria 
                that are compatible with national habitat condition 
                measures; and
                    (H) to implement local and regional priority 
                projects that improve conditions for fish and fish 
                habitat.
            (3) Criteria for designation.--An entity seeking to be 
        designated by Congress as a Partnership shall--
                    (A) submit to the Board an application at such 
                time, in such manner, and containing such information 
                as the Board may reasonably require; and
                    (B) demonstrate to the Board that the entity has--
                            (i) a focus on promoting the health of 
                        important fish and fish habitats;
                            (ii) an ability to coordinate the 
                        implementation of priority projects that 
                        support the goals and national priorities set 
                        by the Board that are within the Partnership 
                        boundary;
                            (iii) a self-governance structure that 
                        supports the implementation of strategic 
                        priorities for fish habitat;
                            (iv) the ability to develop local and 
                        regional relationships with a broad range of 
                        entities to further strategic priorities for 
                        fish and fish habitat;
                            (v) a strategic plan that details required 
                        investments for fish habitat conservation that 
                        addresses the strategic fish habitat priorities 
                        of the Partnership and supports and meets the 
                        strategic priorities of the Board;
                            (vi) the ability to develop and implement 
                        fish habitat conservation projects that address 
                        strategic priorities of the Partnership and the 
                        Board; and
                            (vii) the ability to develop fish habitat 
                        conservation 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.
            (4) Requirements for recommendation to congress.--The Board 
        may recommend to Congress for designation an application for a 
        Partnership submitted under paragraph (3)(A) if the Board 
        determines that the applicant--
                    (A) meets the criteria described in paragraph 
                (3)(B);
                    (B) 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;
                    (C) is organized to promote the health of important 
                fish species and important fish habitats, including 
                reservoirs, natural lakes, coastal and marine 
                environments, and estuaries;
                    (D) identifies strategic fish and fish habitat 
                priorities for the Partnership area in the form of 
                geographical focus areas or key stressors or 
                impairments to facilitate strategic planning and 
                decisionmaking;
                    (E) is able to address issues and priorities on a 
                nationally significant scale;
                    (F) includes a governance structure that--
                            (i) reflects the range of all partners; and
                            (ii) promotes joint strategic planning and 
                        decisionmaking by the applicant;
                    (G) demonstrates completion of, or significant 
                progress toward the development of, a strategic plan to 
                address the decline in fish populations, rather than 
                simply treating symptoms, in accordance with the goals 
                and national priorities established by the Board; and
                    (H) promotes collaboration in developing a 
                strategic vision and implementation program that is 
                scientifically sound and achievable.
            (5) Report to congress.--
                    (A) In general.--Not later than February 1 of the 
                first fiscal year beginning after the date of enactment 
                of this Act and each February 1 thereafter, the Board 
                shall develop and submit to the appropriate 
                congressional committees an annual report, to be 
                entitled ``Report to Congress on Future Fish Habitat 
                Partnerships and Modifications'', that--
                            (i) identifies any entity that--
                                    (I) meets the requirements 
                                described in paragraph (4); and
                                    (II) the Board recommends for 
                                designation as a Partnership;
                            (ii) describes any proposed modifications 
                        to a Partnership previously designated by 
                        Congress under paragraph (6);
                            (iii) 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 paragraph (4).
                    (B) Public availability; notification.--The Board 
                shall--
                            (i) make the report publicly available, 
                        including on the Internet; and
                            (ii) 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.
            (6) Designation or modification of partnership.--Congress 
        shall have the sole authority to designate or modify a 
        Partnership.
            (7) Existing partnerships.--
                    (A) Designation review.--Not later than 5 years 
                after the date of enactment of this Act, any fish 
                habitat 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 
                paragraph (6).
                    (B) Ineligibility for federal funds.--A partnership 
                referred to in subparagraph (A) that Congress does not 
                designate as described in that subparagraph shall be 
                ineligible to receive Federal funds under this section.
    (e) Fish Habitat Conservation Projects.--
            (1) Submission to board.--Not later than March 31 of each 
        calendar 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 section.
            (2) Recommendations by board.--Not later than July 1 of 
        each calendar year, the Board shall submit to the Secretary a 
        priority list of fish habitat conservation projects that 
        includes the description, including estimated costs, of each 
        project that the Board recommends that the Secretary approve 
        and fund under this section for the following fiscal year.
            (3) Criteria for project selection.--The Board shall select 
        each fish habitat conservation project to be recommended to the 
        Secretary under paragraph (2) after taking into consideration, 
        at a minimum, the following information:
                    (A) A recommendation of the Partnership that is, or 
                will be, participating actively in implementing the 
                fish habitat conservation project.
                    (B) The capabilities and experience of project 
                proponents to implement successfully the proposed 
                project.
                    (C) The extent to which the fish habitat 
                conservation project --
                            (i) 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 section;
                            (ii) addresses the national priorities 
                        established by the Board;
                            (iii) is supported by the findings of the 
                        Habitat Assessment of the Partnership or the 
                        Board, and aligns or is compatible with other 
                        conservation plans;
                            (iv) identifies appropriate monitoring and 
                        evaluation measures and criteria that are 
                        compatible with national measures;
                            (v) provides a well-defined budget linked 
                        to deliverables and outcomes;
                            (vi) leverages other funds to implement the 
                        project;
                            (vii) addresses the causes and processes 
                        behind the decline of fish or fish habitats; 
                        and
                            (viii) includes an outreach or education 
                        component that includes the local or regional 
                        community.
                    (D) The availability of sufficient non-Federal 
                funds to match Federal contributions for the fish 
                habitat conservation project, as required by paragraph 
                (5);
                    (E) The extent to which the local or regional fish 
                habitat conservation project--
                            (i) will increase fish populations in a 
                        manner that leads to recreational fishing 
                        opportunities for the public;
                            (ii) will be carried out through a 
                        cooperative agreement among Federal, State, and 
                        local governments, Indian tribes, and private 
                        entities;
                            (iii) increases public access to land or 
                        water for fish and wildlife-dependent 
                        recreational opportunities;
                            (iv) advances the conservation of fish and 
                        wildlife species that have been identified by 
                        the States as species of greatest conservation 
                        need;
                            (v) where appropriate, advances the 
                        conservation 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
                            (vi) promotes strong and healthy fish 
                        habitats so that desired biological communities 
                        are able to persist and adapt.
                    (F) The substantiality of the character and design 
                of the fish habitat conservation project.
            (4) Limitations.--
                    (A) Requirements for evaluation.--No fish habitat 
                conservation project may be recommended by the Board 
                under paragraph (2) or provided financial assistance 
                under this section unless the fish habitat conservation 
                project includes an evaluation plan designed using 
                applicable Board guidance--
                            (i) to appropriately assess the biological, 
                        ecological, or other results of the habitat 
                        protection, restoration, or enhancement 
                        activities carried out using the assistance;
                            (ii) 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;
                            (iii) to identify improvements to existing 
                        fish populations, recreational fishing 
                        opportunities and the overall economic benefits 
                        for the local community of the fish habitat 
                        conservation project; and
                            (iv) to require the submission to the Board 
                        of a report describing the findings of the 
                        assessment.
                    (B) Acquisition authorities.--
                            (i) In general.--A State, local government, 
                        or other non-Federal entity is eligible to 
                        receive funds for the acquisition of real 
                        property from willing sellers under this 
                        section if the acquisition ensures 1 of--
                                    (I) public access for compatible 
                                fish and wildlife-dependent recreation; 
                                or
                                    (II) a scientifically based, direct 
                                enhancement to the health of fish and 
                                fish populations, as determined by the 
                                Board.
                            (ii) State agency approval.--
                                    (I) In general.--All real property 
                                interest acquisition projects funded 
                                under this section are required to 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 approved by the State agency.
                            (iii) Assessment of other authorities.--The 
                        Fish Habitat Partnership shall conduct 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.
                            (iv) Restrictions.--A real property 
                        interest may not be acquired pursuant to a fish 
                        habitat conservation project by a State, local 
                        government, or other non-Federal entity, 
                        unless--
                                    (I) the owner of the real property 
                                authorizes the State, local government, 
                                or other non-Federal entity to acquire 
                                the real property; and
                                    (II) the Secretary and the Board 
                                determine 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.
            (5) Non-federal contributions.--
                    (A) In general.--Except as provided in subparagraph 
                (B), no fish habitat conservation project may be 
                recommended by the Board under paragraph (2) or 
                provided financial assistance under this section unless 
                at least 50 percent of the cost of the fish habitat 
                conservation project will be funded with non-Federal 
                funds.
                    (B) Non-federal share.--The non-Federal share of 
                the cost of a fish habitat conservation project--
                            (i) may not be derived from another Federal 
                        grant program; but
                            (ii) may include in-kind contributions and 
                        cash.
                    (C) Special rule for indian tribes.--
                Notwithstanding subparagraph (A) or any other provision 
                of law, any funds made available to an Indian tribe 
                pursuant to this section may be considered to be non-
                Federal funds for the purpose of subparagraph (A).
            (6) Approval.--
                    (A) In general.--Not later than 90 days after the 
                date of receipt of the recommended priority list of 
                fish habitat conservation projects under paragraph (2), 
                subject to the limitations of paragraph (4), and based, 
                to the maximum extent practicable, on the criteria 
                described in paragraph (3), the Secretary, after 
                consulting with the Secretary of Commerce on marine or 
                estuarine projects, shall approve or reject any fish 
                habitat conservation project recommended by the Board.
                    (B) Funding.--If the Secretary approves a fish 
                habitat conservation project under subparagraph (A), 
                the Secretary shall use amounts made available to carry 
                out this section to provide funds to carry out the fish 
                habitat conservation project.
                    (C) Notification.--If the Secretary rejects any 
                fish habitat conservation project recommended by the 
                Board under paragraph (2), not later than 180 days 
                after the date of receipt of the recommendation, the 
                Secretary shall provide to the Board, the appropriate 
                Partnership, and the appropriate congressional 
                committees a written statement of the reasons that the 
                Secretary rejected the fish habitat conservation 
                project.
    (f) Technical and Scientific Assistance.--
            (1) In general.--The Director, the NOAA Assistant 
        Administrator, the EPA Assistant Administrator, and the 
        Director of the United States Geological Survey, in 
        coordination with the Forest Service and other appropriate 
        Federal departments and agencies, may provide scientific and 
        technical assistance to the Partnerships, participants in fish 
        habitat conservation projects, and the Board.
            (2) Inclusions.--Scientific and technical assistance 
        provided pursuant to paragraph (1) may include--
                    (A) providing technical and scientific assistance 
                to States, Indian tribes, regions, local communities, 
                and nongovernmental organizations in the development 
                and implementation of Partnerships;
                    (B) providing technical and scientific assistance 
                to Partnerships for habitat assessment, strategic 
                planning, and prioritization;
                    (C) supporting the development and implementation 
                of fish habitat conservation projects that are 
                identified as high priorities by Partnerships and the 
                Board;
                    (D) supporting and providing recommendations 
                regarding the development of science-based monitoring 
                and assessment approaches for implementation through 
                Partnerships;
                    (E) supporting and providing recommendations for a 
                national fish habitat assessment;
                    (F) ensuring the availability of experts to assist 
                in conducting scientifically based evaluation and 
                reporting of the results of fish habitat conservation 
                projects; and
                    (G) providing resources to secure state agency 
                scientific and technical assistance to support 
                Partnerships, participants in fish habitat conservation 
                projects, and the Board.
    (g) 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 section, including notification, by not later than 30 
days before the date on which the activity is implemented.
    (h) 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 appropriate 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, scientific, and 
        general staff, administrative, and material needs for the 
        implementation of this section; and
            (2) any interagency agreements between or among Federal 
        departments and agencies to address those needs.
    (i) Accountability and Reporting.--
            (1) Reporting.--
                    (A) 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 section.
                    (B) Contents.--Each report submitted under 
                subparagraph (A) shall include--
                            (i) 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 of Federal, State, 
                        or local governments, Indian tribes, or other 
                        entities in the United States during the 5-year 
                        period ending on the date of submission of the 
                        report;
                            (ii) a description of the public access to 
                        fish habitats established or improved during 
                        that 5-year period;
                            (iii) a description of the improved 
                        opportunities for public recreational fishing; 
                        and
                            (iv) an assessment of the status of fish 
                        habitat conservation projects carried out with 
                        funds provided under this section during that 
                        period, disaggregated by year, including--
                                    (I) a description of the fish 
                                habitat conservation projects 
                                recommended by the Board under 
                                subsection (e)(2);
                                    (II) a description of each fish 
                                habitat conservation project approved 
                                by the Secretary under subsection 
                                (e)(6), in order of priority for 
                                funding;
                                    (III) a justification for--
                                            (aa) the approval of each 
                                        fish habitat conservation 
                                        project; and
                                            (bb) the order of priority 
                                        for funding of each fish 
                                        habitat conservation project;
                                    (IV) a justification for any 
                                rejection of a fish habitat 
                                conservation project recommended by the 
                                Board under subsection (e)(2) that was 
                                based on a factor other than the 
                                criteria described in subsection 
                                (e)(3); and
                                    (V) an accounting of expenditures 
                                by Federal, State, or local 
                                governments, Indian tribes, or other 
                                entities to carry out fish habitat 
                                conservation projects.
            (2) Status and trends report.--Not later than December 31, 
        2018, and every 5 years thereafter, the Board shall submit to 
        the appropriate congressional committees a report that 
        includes--
                    (A) a status of all Partnerships designated under 
                this section;
                    (B) a description of the status of fish habitats in 
                the United States as identified by established 
                Partnerships; and
                    (C) enhancements or reductions in public access as 
                a result of--
                            (i) the activities of the Partnerships; or
                            (ii) any other activities carried out 
                        pursuant to this section.
    (j) Effect of Section.--
            (1) Water rights.--Nothing in this section--
                    (A) establishes any express or implied reserved 
                water right in the United States for any purpose;
                    (B) affects any water right in existence on the 
                date of enactment of this Act;
                    (C) preempts or affects any State water law or 
                interstate compact governing water; or
                    (D) affects any Federal or State law in existence 
                on the date of enactment of the Act regarding water 
                quality or water quantity.
            (2) Authority to acquire water rights or rights to 
        property.--Under this section, only a State, local government, 
        or other non-Federal entity may acquire, under State law, water 
        rights or rights to property.
            (3) State authority.--Nothing in this section--
                    (A) affects the authority, jurisdiction, or 
                responsibility of a State to manage, control, or 
                regulate fish and wildlife under the laws and 
                regulations of the State; or
                    (B) authorizes the Secretary to control or regulate 
                within a State the fishing or hunting of fish and 
                wildlife.
            (4) Effect on indian tribes.--Nothing in this section 
        abrogates, abridges, affects, modifies, supersedes, or alters 
        any right of an Indian tribe recognized by treaty or any other 
        means, including--
                    (A) an agreement between the Indian tribe and the 
                United States;
                    (B) Federal law (including regulations);
                    (C) an Executive order; or
                    (D) a judicial decree.
            (5) Adjudication of water rights.--Nothing in this section 
        diminishes or affects the ability of the Secretary to join an 
        adjudication of rights to the use of water pursuant to 
        subsection (a), (b), or (c) of section 208 of the Department of 
        Justice Appropriation Act, 1953 (43 U.S.C. 666).
            (6) Department of commerce authority.--Nothing in this 
        section affects the authority, jurisdiction, or responsibility 
        of the Department of Commerce to manage, control, or regulate 
        fish or fish habitats under the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et seq.).
            (7) Effect on other authorities.--
                    (A) Private property protection.--Nothing in this 
                section permits the use of funds made available to 
                carry out this section to acquire real property or a 
                real property interest without the written consent of 
                each owner of the real property or real property 
                interest.
                    (B) Mitigation.--Nothing in this section permits 
                the use of funds made available to carry out this 
                section for fish and wildlife mitigation purposes 
                under--
                            (i) the Federal Water Pollution Control Act 
                        (33 U.S.C. 1251 et seq.);
                            (ii) the Fish and Wildlife Coordination Act 
                        (16 U.S.C. 661 et seq.);
                            (iii) the Water Resources Development Act 
                        of 1986 (Public Law 99-662; 100 Stat. 4082); or
                            (iv) any other Federal law or court 
                        settlement.
                    (C) Clean water act.--Nothing in this section 
                affects any provision of the Federal Water Pollution 
                Control Act (33 U.S.C. 1251 et seq.), including any 
                definition in that Act.
    (k) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to--
            (1) the Board; or
            (2) any Partnership.
    (l) Funding.--
            (1) Authorization of appropriations.--
                    (A) Fish habitat conservation projects.--There is 
                authorized to be appropriated to the Secretary 
                $7,200,000 for each of fiscal years 2018 through 2022 
                to provide funds for fish habitat conservation projects 
                approved under subsection (e)(6), of which 5 percent 
                shall be made available for each fiscal year for 
                projects carried out by Indian tribes.
                    (B) Administrative and planning expenses.--There is 
                authorized to be appropriated to the Secretary for each 
                of fiscal years 2018 through 2022 an amount equal to 5 
                percent of the amount appropriated for the applicable 
                fiscal year pursuant to subparagraph (A)--
                            (i) for administrative and planning 
                        expenses; and
                            (ii) to carry out subsection (i).
                    (C) 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, subsection (f)--
                            (i) $500,000 to the Secretary for use by 
                        the United States Fish and Wildlife Service;
                            (ii) $500,000 to the NOAA Assistant 
                        Administrator for use by the National Oceanic 
                        and Atmospheric Administration;
                            (iii) $500,000 to the EPA Assistant 
                        Administrator for use by the Environmental 
                        Protection Agency; and
                            (iv) $500,000 to the Secretary for use by 
                        the United States Geological Survey.
            (2) Agreements and grants.--The Secretary may--
                    (A) on the recommendation of the Board, and 
                notwithstanding sections 6304 and 6305 of title 31, 
                United States Code, and the Federal Financial 
                Assistance 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 for a fish habitat 
                conservation project or restoration or enhancement 
                project;
                    (B) apply for, accept, and use a grant from any 
                individual or entity to carry out the purposes of this 
                section; and
                    (C) make funds available to any Federal department 
                or agency for use by that department 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 
                section.
            (3) Donations.--
                    (A) In general.--The Secretary may--
                            (i) enter into an agreement with any 
                        organization described in section 501(c)(3) of 
                        the Internal Revenue Code of 1986 that is 
                        exempt from taxation under section 501(a) of 
                        that Code to solicit private donations to carry 
                        out the purposes of this section; and
                            (ii) accept donations of funds, property, 
                        and services to carry out the purposes of this 
                        section.
                    (B) Treatment.--A donation accepted under this 
                section--
                            (i) shall be considered to be a gift or 
                        bequest to, or otherwise for the use of, the 
                        United States; and
                            (ii) may be--
                                    (I) used directly by the Secretary; 
                                or
                                    (II) provided to another Federal 
                                department or agency through an 
                                interagency agreement.
    (m) Prohibition Against Implementation of Regulatory Authority by 
Federal Agencies .--Any Partnership designated under this section--
            (1) shall be for the sole purpose of promoting fish 
        conservation; and
            (2) shall not be used to implement any regulatory authority 
        of any Federal agency.
                                 <all>