[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 754 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 754
To encourage partnerships among public agencies and other interested
parties to promote fish conservation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 12, 2019
Mr. Crapo (for himself and Mr. Cardin) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To encourage partnerships among public agencies and other interested
parties to promote fish conservation, 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 ``National Fish Habitat Conservation
Act of 2019''.
SEC. 2. 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
decision making;
(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
decision making 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 90 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,
2020, 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 2020 through 2024
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 2020 through 2024 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
2020 through 2024 to carry out, and provide technical
and scientific assistance under, subsection (f)--
(i) $400,000 to the Secretary for use by
the United States Fish and Wildlife Service;
(ii) $400,000 to the NOAA Assistant
Administrator for use by the National Oceanic
and Atmospheric Administration;
(iii) $400,000 to the EPA Assistant
Administrator for use by the Environmental
Protection Agency;
(iv) $400,000 to the Secretary for use by
the United States Geological Survey; and
(v) $400,000 to the Secretary of
Agriculture for use by the Forest Service.
(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.
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