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