Title: Fish Act of 2019
Policy area: Public Lands and Natural Resources

Summary:
Salmon Focused Investments in Sustainable Habitats Act of 2019 or the Fish Act of 2019
This bill addresses identifying, restoring, and protecting salmon conservation areas in the United States.
Specifically, the bill

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4723 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 4723

  To require the identification of salmon conservation areas, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 17, 2019

 Mr. Huffman introduced the following bill; which was referred to the 
 Committee on Natural Resources, and in addition to the Committees on 
   Agriculture, and Foreign Affairs, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To require the identification of salmon conservation areas, and 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 ``Salmon Focused Investments in 
Sustainable Habitats Act of 2019'' or the ``Fish Act of 2019''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Pacific and Atlantic salmon are important for food, 
        culture, ecology, and the economy.
            (2) Salmon are especially important to Indian Tribes, many 
        of which consider salmon to be sacred and central to their 
        culture, ceremonies, and subsistence.
            (3) Such Indian Tribes have significant leadership and 
        expertise with respect to salmon.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Salmon conservation area.--The term ``salmon 
        conservation area'' means a watershed, a portion of a 
        watershed, multiple watersheds, or other defined spatial units 
        that--
                    (A) is identified under section 4(b);
                    (B) meets the biological criteria (as identified by 
                the Administrator of the National Oceanic and 
                Atmospheric Administration and the Director of the Fish 
                and Wildlife Service in coordination with the relevant 
                Federal agency with jurisdiction over such salmon 
                conservation area) for abundance, productivity, 
                diversity (genetic and life history), habitat quality, 
                or other biological attributes important to sustaining 
                viable populations of salmon throughout their range; or
                    (C) a watershed that is regionally significant for 
                the conservation of salmon.
            (2) Salmon stronghold.--The term ``salmon stronghold'' 
        means a salmon conservation area that has relatively high 
        anadromous salmonid abundance, productivity, and diversity 
        (life history and run timing), as well as habitat quality or 
        other biological attributes important to sustaining viable 
        populations of wild salmon throughout their range. The term 
        stronghold can be applied to a watershed, multiple watersheds, 
        or other defined spatial units where populations are strong and 
        diverse, and habitats have a high intrinsic potential to 
        support a particular species or suite of species.
            (3) Relevant federal agency.--The term ``relevant Federal 
        agency'' means--
                    (A) the Forest Service;
                    (B) the Bureau of Land Management;
                    (C) the National Park Service;
                    (D) the National Oceanic Atmospheric 
                Administration; and
                    (E) the Fish and Wildlife Service.

SEC. 4. IDENTIFICATION OF SALMON CONSERVATION AREAS.

    (a) Guidance.--Not later than 60 days after the date of the 
enactment of this Act, the Administrator of the National Oceanic and 
Atmospheric Administration and the Director of the Fish and Wildlife 
Service shall jointly issue guidance on the process and biological 
criteria required to identify salmon conservation areas.
    (b) Publication.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Administrator of the National 
        Oceanic and Atmospheric Administration and the Director of the 
        Fish and Wildlife Service, in cooperation with relevant Federal 
        agencies shall publish a list of salmon conservation areas.
            (2) Revision.--The Administrator of the National Oceanic 
        and Atmospheric Administration and the Director of the Fish and 
        Wildlife Service, in cooperation with each relevant Federal 
        agency shall revise the list under paragraph (1) in accordance 
        with subsection (d).
    (c) Consultation.--In identifying salmon conservation areas under 
subsection (b), the Administrator of the National Oceanic and 
Atmospheric Administration and the Director of the Fish and Wildlife 
Service, in cooperation with each relevant Federal agency--
            (1) shall consult with--
                    (A) the State in which such a salmon conservation 
                area is located; and
                    (B) Indian Tribes that have land, fishing rights, 
                or cultural ties to the area in which the salmon 
                conservation area is located; and
            (2) may consult with--
                    (A) nongovernmental organizations;
                    (B) non-Federal scientists; and
                    (C) members of the public.
    (d) Other Identification.--
            (1) In general.--Not later than 90 days after the date 
        described in subsection (b), an entity described in subsection 
        (c) may nominate to the Administrator of the National Oceanic 
        and Atmospheric Administration and the Director of the Fish and 
        Wildlife Service a salmon conservation area for identification 
        under subsection (b).
            (2) Review.--In the case of a nomination described in 
        paragraph (1), not later than 180 days after receiving such 
        nomination, the Administrator of the National Oceanic and 
        Atmospheric Administration and the Director of the Fish and 
        Wildlife Service shall jointly determine if the watershed 
        nominated is a salmon conservation area.
    (e) Watershed Management and Restoration Identification.--The 
Administrator of the National Oceanic and Atmospheric Administration 
and the Director of the Fish and Wildlife Service, in cooperation with 
the Secretary of Agriculture shall use watershed evaluations conducted 
under the Watershed Condition Framework under section 304 of the 
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6543) and analyses 
associated with the identification of Conservation Watersheds to 
support an identification of a salmon conservation area under this 
section.
    (f) Essential Fish Habitat.--The Administrator of the National 
Oceanic and Atmospheric Administration and the Director of the Fish and 
Wildlife Service shall use the analyses conducted by the Administrator 
under section 305(b) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1855(b)) to identify, map, and designate 
essential fish habitat to support the identification of salmon 
conservation areas under this section.

SEC. 5. EFFECT OF IDENTIFICATION.

    (a) Priority for Forest Road Decommissioning.--The Secretary of 
Agriculture shall give priority to forest road decommissioning (as 
defined in section 212.1 of title 36, Code of Federal Regulations) and 
fish passage projects within a salmon conservation area.
    (b) Least Adverse Impact.--Notwithstanding any other provision of 
law, to satisfy the requirements of section 102(C)(iii) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(C)(iii)), any Federal 
action carried out with respect to a salmon conservation area 
identified under section 4 shall be the action that has the least 
adverse impact on such salmon conservation areas.
    (c) Transboundary Pollution.--
            (1) Notification of secretary of state.--If any salmon 
        conservation area is determined by a Federal agency to be 
        negatively impacted by transboundary pollution or other 
        international actions originating in Canada, the head of the 
        Federal agency shall notify the Secretary of State.
            (2) Action required.--Not later than 30 days after 
        receiving a notification under paragraph (1), the Secretary of 
        State shall consult with representatives from Canada to resolve 
        the issue for which the Secretary was notified under such 
        paragraph.
            (3) Referral to ijc.--If the issue for which the Secretary 
        of State was notified under paragraph (1) is not resolved on a 
        date that is 6 months after the date of notification under such 
        paragraph--
                    (A) the Secretary shall request to submit a joint 
                referral to the International Joint Commission with 
                Canada to research and provide recommendations to 
                resolve such issue; and
                    (B) if a joint referral under subparagraph (A) is 
                not submitted, the Secretary shall refer such issue to 
                the International Joint Commission.

SEC. 6. WATERSHED MANAGEMENT AND RESTORATION PROGRAM.

    Section 304 of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6543) is amended by adding at the end the following:
    ``(d) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section and the purpose described in 
        paragraph (2), $40,000,000 for fiscal year 2020 and each of the 
        4 fiscal years thereafter.
            ``(2) Conservation watersheds program.--The Secretary shall 
        use a portion of the funds appropriated pursuant to paragraph 
        (1) to carry out the conservation watersheds program of the 
        Department of Agriculture.
            ``(3) Additional watershed permissible.--Notwithstanding 
        any other provision of this section, the Secretary may use 
        funds appropriated under this subsection to identify additional 
        priority watersheds in each National Forest if such watersheds, 
        or portions of, are determined by the Secretary to be salmon 
        conservation areas (as defined in section 3 of the Fish Act of 
        2019).''.

SEC. 7. GRANT PROGRAM.

    (a) Authorization.--
            (1) In general.--The National Fish and Wildlife Foundation 
        shall carry out a grant program, to be known as the ``Salmon 
        Conservation Area Grant Program'', to make grants to carry out 
        the purposes described in subsection (b).
            (2) Duration.--A grant under this section shall have a 
        duration of not more than 5 years.
            (3) Priority.--In making grants under this section, the 
        National Fish and Wildlife Foundation shall give priority to an 
        eligible entity that demonstrates that the eligible entity--
                    (A) will carry out a project under this section on 
                a salmon stronghold;
                    (B) has considered the durability of the project 
                and how the project contributes to the long-term 
                conservation of salmon;
                    (C) has coordinated with other stakeholders to 
                carry out the project; and
                    (D) has considered how the project will work with 
                other salmon restoration projects.
            (4) Matching requirement.--Except in the case of an 
        eligible entity that is an Indian Tribe, each eligible entity 
        that receives a grant under this section shall provide, in cash 
        or through in-kind contributions from non-Federal sources, 
        matching funds to carry out the activities funded by the grant 
        in an amount equal to not less than 25 percent of the cost of 
        the activities.
    (b) Purposes.--The purposes of the grants under this section are--
            (1) to protect or maintain salmon conservation area 
        features and projects that are focused on conservation and 
        restoration within conservation areas; and
            (2) to carry out at least one of the following:
                    (A) To address factors threatening to limit 
                abundance, productivity, diversity, habitat quality, or 
                other biological attributes important to sustaining 
                viable salmon populations.
                    (B) To restore or maintain ecological functions and 
                processes related to salmon productivity and diversity 
                at watershed or subwatershed scales.
                    (C) To improve the resilience of salmon populations 
                in response to acute events such as fires, landslides, 
                and earthquakes.
                    (D) To improve the resilience of salmon populations 
                to climate change and prepare populations for other 
                future changes.
                    (E) To provide co-benefits to fish and wildlife, in 
                particular where salmon can be used as indicator 
                species for habitat quality.
                    (F) To implement focused, prioritized protection 
                and restoration in watersheds.
                    (G) To improve conservation area resilience both 
                downstream and upstream.
    (c) Applications.--To be eligible to receive a grant under this 
section, an eligible entity shall submit an application to the National 
Fish and Wildlife Foundation at such time, in such manner, and 
containing such information as the Foundation may require.
    (d) Eligible Entity Defined.--In this section, the term ``eligible 
entity'' means an Indian Tribe, nongovernmental organization, State or 
local agency, or institution of higher education (as defined in section 
101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that has 
approval to carry out a project with respect to a salmon conservation 
area under this section from the relevant Federal agency that has 
jurisdiction over such salmon conservation area.
    (e) Use of Funds.--
            (1) In general.--An eligible entity that receives a grant 
        under this section shall use the grant funds to carry out 
        activities consistent with the purposes described in subsection 
        (b), which include--
                    (A) subject to subsection (f), land acquisition, 
                conservation easements, and land exchanges;
                    (B) purchasing mining rights;
                    (C) the improvement of fish passages and removal of 
                fish passage barriers and dams;
                    (D) habitat restoration and rehabilitation;
                    (E) outreach and local engagement;
                    (F) purchasing water rights related to leasing, 
                consumption, and use;
                    (G) groundwater recharge projects (including ponds 
                and forbearance);
                    (H) water efficiency projects;
                    (I) regional planning or development of a focused, 
                prioritized protection and restoration action plan for 
                the watershed; or
                    (J) monitoring and research, including monitoring 
                the status of salmon populations in watersheds within 
                conservation areas before and after the removal of a 
                dam.
            (2) Prohibition.--None of the funds made available under 
        this section may be used to carry out litigation.
    (f) Acquisition and Transfer of Real Property Interests.--
            (1) Use of real property.--No project that will result in 
        the acquisition by a relevant Federal agency or eligible entity 
        of interest in land, in whole or in part, may receive funds 
        under this section unless the project is consistent with the 
        purposes of this section.
            (2) Private property protection.--No Federal funds made 
        available to carry out this section may be used to acquire any 
        real property or any interest in any real property without the 
        written consent of each owner of the property or interest in 
        property.
            (3) Transfer of real property.--No land or interest in 
        land, acquired in whole or in part by a relevant Federal agency 
        or eligible entity with funds made available under this section 
        to carry out a salmon conservation area conservation project 
        may be transferred to a State, other public agency, or other 
        entity unless--
                    (A) the Administrator of the National Oceanic and 
                Atmospheric Administration, the National Fish and 
                Wildlife Foundation, and the relevant Federal agency 
                with jurisdiction over such land determines that the 
                State, agency, or entity is committed to manage, in 
                accordance with this section and the purposes of this 
                section, the property being transferred; and
                    (B) the deed or other instrument of transfer 
                contains provisions for the reversion of the title to 
                the property to the United States if the State, agency, 
                or entity fails to manage the property as a salmon 
                conservation area in accordance with this section and 
                the purposes of this section.
            (4) Requirement.--Any real property interest conveyed under 
        paragraph (3) shall be subject to such terms and conditions as 
        will ensure, to the maximum extent practicable, that the 
        interest will be administered in accordance with this section 
        and the purposes of this section.
    (g) Reports.--Not later than 5 years after the date on which the 
first grant is made under this section, the National Fish and Wildlife 
Foundation shall submit a report to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Natural Resources 
of the House of Representatives that includes--
            (1) an evaluation of the results of each projects with 
        recommendation on strategies and approaches focusing on salmon 
        conservation actions projected to have the greatest positive 
        impacts on abundance, productivity, or diversity in salmon 
        conservation areas;
            (2) conclusions and recommendations on appropriate metrics 
        to measure and evaluate the efficacy of salmon conservation 
        efforts, including key indicators for habitat and aquatic 
        health and recommendations on quantifying such benefits;
            (3) status and trends for wild salmon abundance, diversity, 
        and productivity in each salmon conservation area; and
            (4) social and economic effects resulting from salmon 
        conservation area conservation; assessment of threats imposed 
        by changing ocean conditions on marine survival.
    (h) Appropriations.--There is authorized to be appropriated to 
carry out this section $30,000,000 for fiscal year 2020 and each of the 
4 fiscal years thereafter.

SEC. 8. LIMITATIONS.

    Nothing in this Act, and no action to implement this Act, may be 
construed--
            (1) to create a reserved water right, express or implied, 
        in the United States for any purpose, or affect the management 
        or priority of water rights under State law;
            (2) to affect existing water rights under Federal or State 
        law;
            (3) to affect any Federal or State law in existence on the 
        date of enactment of this Act regarding water quality or water 
        quantity;
            (4) to abrogate, abridge, affect, modify, supersede, or 
        otherwise alter any right of a federally recognized Indian 
        Tribe under any applicable treaty, or Federal or tribal law or 
        regulation; or
            (5) to diminish or affect the ability of the head of a 
        relevant Federal agency to join the 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).
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