National Fish Habitat Conservation Act

Bill: 111-s-1214
Sponsor: Sen. Lieberman, Joseph I. [ID-CT]
Introduced: 2009-06-09 in the Senate
Policy area: Public Lands and Natural Resources
Subjects: Advisory bodies
Department of the Interior
Executive agency funding and structure
Fishes
Marine and coastal resources, fisheries
Wildlife conservation and habitat protection

Summary:
action_date: 2009-06-09
text: 
National Fish Habitat Conservation Act - Establishes a National Fish Habitat Board to: (1) promote, oversee, and coordinate the implementation of this Act and the existing National Fish Habitat Action Plan; (2) establish aquatic habitat conservation goals and priorities; and (3) review and recommend fish habitat conservation projects.
 
Authorizes the Board to designate Fish Habitat Partnerships to: (1) coordinate Plan implementation at a regional level; (2) identify strategic priorities; (3) recommend habitat projects; and (4) develop and carry out fish habitat conservation projects. Establishes Partnership approval criteria, including that a Partnership: (1) include representatives of a diverse group of public and private partners focused on conservation of aquatic habitats to achieve results across jurisdictional boundaries and public and private land; and (2) is able to address issues and priorities on a nationally significant scale.
 
Directs the Secretary of the Interior to fund, from amounts appropriated under this Act, up to 50% of the cost of approved fish habitat conservation projects on nonfederal and 100% of projects on federal land or water.
 
Requires the Director of the U.S. Fish and Wildlife Service to: (1) establish the National Fish Habitat Conservation Partnership Office within the Service; and (2) develop the Office's interagency operational plan. 
 
Requires the Director, the Assistant Administrator of the National Oceanic and Atmospheric Administration (NOAA), and the Director of the United States Geological Survey (USGS) to provide technical and scientific assistance to the Partnerships, the project participants, and the Board.

action_date: 2010-05-17
text: 
National Fish Habitat Conservation Act - (Sec. 4) Establishes the National Fish Habitat Board which shall: (1) promote, oversee, and coordinate the implementation of this Act and the National Fish Habitat Action Plan; (2) establish national goals and priorities for aquatic habitat conservation; (3) designate Partnerships; and (4) review and make recommendations regarding fish habitat conservation projects.
 
(Sec. 5) Permits the Board to designate Fish Habitat Partnerships in order to (1) coordinate the implementation of the National Fish Habitat Action Plan at a regional level; (2) identify strategic priorities for fish habitat conservation; (3) recommend to the Board fish habitat conservation projects that address a strategic priority of the Board; and (4) develop and carry out fish habitat conservation projects.
 
 
(Sec. 6) Requires each Partnership to annually submit to the Board a list of fish habitat conservation projects recommended by the Partnership for annual funding under this Act.
 
 Prohibits a fish habitat conservation project from being recommended by the Board unless at least 50% of the cost of the fish habitat conservation project will be funded with non-federal funds, except that: (1) federal funds may be used for payment of 100% of the costs of a fish habitat conservation project located on federal land or water, including the acquisition of inholdings within such land or water; and (2) any funds made available to an Indian tribe under this Act may be considered to be non-federal funds.
 
(Sec. 7) Requires the Director of the United States Fish and Wildlife Service to establish the National Fish Habitat Conservation Partnership Office within the United States Fish and Wildlife Service which shall: (1) provide funding for the operational needs of the Partnerships; (2) provide funding to detail of state and tribal fish and wildlife staff to the Office; (3) facilitate the cooperative development and approval of Partnerships; (4) assist the Secretary of the Interior as specified; (5) facilitate efficient operations for the benefit of Partnerships and the Board; (6) facilitate the consideration of fish habitat conservation projects by the Board; (7) provide support to the Director regarding the development and implementation of the interagency operational plan; (8) coordinate technical and scientific reporting; (9) facilitate the efficient use of resources and activities of federal departments and agencies to carry out this Act; and (10) provide support to the Board for national communication and outreach efforts that promote public awareness of fish habitat conservation.
 
Requires the Director to develop an interagency operational plan for the National Fish Habitat Conservation Partnership Office that describes: (1) the needs of the Office; and (2) any interagency agreements between or among federal departments and agencies to address those needs.
 
(Sec. 8) Requires the Director to provide scientific and technical assistance to the Partnerships, participants in fish habitat conservation projects, and the Board.
 
(Sec. 9) Requires, to the extent consistent with the mission and authority of the applicable department or agency, the head of each federal department and agency responsible for acquiring, managing, or disposing of federal land or water to cooperate with the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration (NOAA) and the Director to conserve the aquatic habitats for fish and other aquatic organisms within the land and water of the department or agency.
 
(Sec. 10) Requires the Secretary to provide a notice to, and coordinate with, the appropriate state agency or tribal agency within the boundaries of which an activity is planned to be carried out pursuant to this Act.
 
(Sec. 11) Sets forth accountability and reporting requirements.
 
(Sec. 13) Sets forth provisions stating the effect of this Act on water rights, states, and Indian tribes.
 
Prohibits using any funds made available to carry out this Act from being made available for fish and wildlife mitigation purposes under: (1) the Federal Water Pollution Control Act (commonly known as the Clean Water Act); (2) the Fish and Wildlife Coordination Act; (3) the Water Resources Development Act of 1986; or (4) any other federal law or court settlement.
 
(Sec. 15) Authorizes appropriations for FY2010-FY2014.
 
Sets forth provisions permitting agreements and grants, and the acceptance of donations, for purposes of carrying out this Act.


Legislative actions:
action_date: 2010-05-17
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 378.
action_date: 2010-05-17
text: Committee on Environment and Public Works. Reported by Senator Boxer with an amendment in the nature of a substitute. With written report No. 111-190.
action_date: 2010-05-17
text: Committee on Environment and Public Works. Reported by Senator Boxer with an amendment in the nature of a substitute. With written report No. 111-190.
action_date: 2009-12-10
text: Committee on Environment and Public Works. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2009-12-03
text: Committee on Environment and Public Works Subcommittee on Water and Wildlife. Hearings held.
action_date: 2009-06-09
text: Read twice and referred to the Committee on Environment and Public Works.
action_date: 2009-06-09
text: Sponsor introductory remarks on measure. (CR S6380)
action_date: 2009-06-09
text: Introduced in Senate