[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6491 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 6491
To require the identification of salmon conservation areas and salmon
strongholds, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 2022
Mr. Huffman (for himself, Ms. Bonamici, Mr. Cleaver, Mr. Thompson of
California, and Mr. Lowenthal) 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 salmon
strongholds, 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'' or the ``Salmon FISH Act''.
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) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(e)).
(2) Salmon.--The term ``salmon'' means any of the wild
anadromous Oncorhynchus species that occur in the Western
United States, including--
(A) Atlantic salmon (Salmo salar);
(B) chum salmon (Oncorhynchus keta);
(C) pink salmon (Oncorhynchus gorbuscha);
(D) sockeye salmon (Oncorhynchus nerka);
(E) chinook salmon (Oncorhynchus tshawytscha);
(F) coho salmon (Oncorhynchus kisutch); and
(G) steelhead trout (Oncorhynchus mykiss).
(3) Salmon conservation area.--The term ``salmon
conservation area'' means a watershed, a portion of a
watershed, mutliple watersheds, or other defined spatial unit
that--
(A) is identified as a salmon conservation area
under section 4(b);
(B) at the time of the identification described in
subparagraph (A), 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 the range of
such salmon; and
(C) is regionally significant for the conservation
of salmon.
(4) Salmon stronghold.--The term ``salmon stronghold''
means a salmon conservation area that--
(A) is identified as a salmon conservation area
under section 4(b); and
(B) at the time of the identification described in
subparagraph (A), has--
(i) 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 the range of such
salmon;
(ii) populations of salmon that are strong
and diverse; and
(iii) salmon habitats that have a high
intrinsic potential to support a particular
species or suite of species.
(5) Relevant federal ageny.--The term ``relevant Federal
agency'' means--
(A) the Forest Service;
(B) the Bureau of Land Management;
(C) the National Park Service; and
(D) the Bureau of Indian Affairs.
SEC. 4. IDENTIFICATION OF SALMON CONSERVATION AREAS AND SALMON
STRONGHOLDS.
(a) Guidance.--Not later than 120 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 and salmon
strongholds.
(b) Publication.--
(1) In general.--Not later than 1 year 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 and
salmon strongholds.
(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 not less frequently than once every 5 years after
the date of the enactment of this Act, revise the list under
paragraph (1)--
(A) to add subsequently identified salmon
conservation areas and salmon strongholds in accordance
with subsection (d); and
(B) to remove from such list any areas that no
longer qualify as salmon conservation areas or salmon
strongholds.
(c) Consultation.--In identifying salmon conservation areas and
salmon strongholds 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 or salmon stronghold under consideration are
located; and
(B) Indian tribes that have land, fishing rights,
or cultural ties to the area in which the salmon
conservation area or salmon strongholds will be
prospectively located; and
(2) may consult with--
(A) nongovernmental organizations;
(B) non-Federal scientists; and
(C) members of the public.
(d) Subsequent Identification and Revision.--
(1) In general.--Not later than 90 days after the date
described in subsection (b)(1), an entity described in
paragraph (1) or paragraph (2) 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 or salmon stronghold 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 nominated
watershed is a salmon conservation area or salmon stronghold
and provide to the entity that provided the nomination under
paragraph (1) a written explanation with respect to such
determination.
(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 other
relevant watershed analyses to support the identification of salmon
conservation areas and salmon strongholds 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 and salmon strongholds under this section.
SEC. 5. EFFECT OF IDENTIFICATION.
(a) Priority for Forest Road Decommissioning.--The Secretary of
Agriculture--
(1) 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 or directly
affecting a salmon conservation area or salmon stronghold; and
(2) may not carry out the forest road decommissioning or
fish passage projects described in paragraph (1) unless the
Secretary of Agriculture has, with respect to ensuring that the
habitats of salmon conservation areas and salmon strongholds
are not degraded, consulted with the--
(A) entities described in paragraphs (1) and (2) of
section 4(c);
(B) Administrator of the National Oceanic and
Atmospheric Administration, acting through the
Administrator of the National Marine Fisheries Service;
and
(C) Director of the Fish and Wildlife Service;
(b) Transboundary Pollution.--
(1) Notification of secretary of state.--If any salmon
conservation area or salmon stronghold 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 of State was notified under
such paragraph.
(3) Referral to international joint commission.--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 of State 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 of State 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 2023 and each of the
4 fiscal years thereafter.
``(2) Preserve salmon habitat watersheds.--The Secretary
shall use a portion of the funds appropriated pursuant to
paragraph (1) to provide funds to programs that preserve
watersheds that are salmon habitats.
``(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 or salmon strongholds (as such terms are
defined in section 3 of the Salmon FISH Act).''.
SEC. 7. GRANT PROGRAM.
(a) Authorization.--
(1) In general.--The Director of the Fish and Wildlife
Service shall, in collaboration with the Administrator of the
National Oceanic and Atmospheric Administration, 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
administrator of the grant program 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.--
(A) In general.--Except as provided in subparagraph
(B), 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) Exceptions.--
(i) Indian tribes.--Subparagraph (A) shall
not apply to an eligible entity that is an
Indian Tribe.
(ii) Discretionary exceptions.--The
administrator of the grant program under this
section may reduce or waive the matching
requirement under subparagraph (A) if--
(I) an eligible entity submits a
written request to the administrator
for a waiver with a justification as to
why the eligible entity cannot meet the
matching requirement; and
(II) the administrator determines
such justification is sufficient to
waive such requirement.
(5) Administration.--
(A) In general.--The Director of the Fish and
Wildlife Service may enter into an agreement to
administer the grant program with the National Fish and
Wildlife Foundation or a similar organization that
offers grant administration services.
(B) Funding.--If the Director of the Fish and
Wildlife Service enters into an agreement under
subparagraph (A), the organization selected shall--
(i) for each fiscal year, receive amounts
made available to carry out this section in an
advance payment of the entire amounts on
October 1 of that fiscal year, or as soon as
practicable thereafter;
(ii) invest and reinvest those amounts for
the benefit of the grant program; and
(iii) otherwise administer the grant
program to support partnerships between the
public and private sectors in accordance with
this Act.
(C) Requirements.--If the Secretary enters into an
agreement with the Foundation under subparagraph (A),
any amounts received by the Foundation under this
section shall be subject to the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3701
et seq.), excluding section 10(a) of that Act (16
U.S.C. 3709(a)).
(b) Purposes.--The purposes of the grants under this section are--
(1) to protect or maintain salmon conservation area or
salmon stronghold features and projects that are focused on
conservation and restoration within salmon conservation areas
or salmon stronghold; 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 or salmon
stronghold 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
administrator of the grant program at such time, in such manner, and
containing such information as such administrator may require.
(d) 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 (e), 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--
(A) to carry out litigation; or
(B) carry out lethal intentional takings.
(e) Acquisition and Transfer of Real Property Interests.--
(1) Use of real property.--No project that will result in
the acquisition by the Administrator of the National Oceanic
and Atmospheric Administration, the Director of the Fish and
Wildlife Service, 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 the Administrator of the
National Oceanic and Atmospheric Administration, the Director
of the Fish and Wildlife Service, a relevant Federal agency, or
eligible entity with funds made available under this section
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, the relevant Federal agency, or
eligible entity with jurisdiction over such land
determines that the State, agency, or other 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 or salmon stronghold 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.
(f) Reports.--Not later than 5 years after the date on which the
first grant is made under this section, the administrator of the grant
program 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 project with
recommendations 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 and salmon strongholds;
(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) an analysis of the status and trends for wild salmon
abundance, diversity and productivity in each salmon
conservation area and salmon stronghold;
(4) an analysis of the social and economic effects
resulting from salmon conservation area and salmon stronghold
conservation; and
(5) an assessment of threats imposed by changing ocean
conditions on marine survival.
(g) 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 or salmon stronghold under this section from each entity that has
jurisdiction over such salmon conservation area or salmon stronghold.
(h) Appropriations.--There is authorized to be appropriated to
carry out this section $50,000,000 for fiscal year 2023 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 an Indian tribe under any
applicable treaty, or Federal or tribal law or regulation;
(5) to diminish or affect the ability of the Administrator
of the National Oceanic and Atmospheric Administration, the
Director of the Fish and Wildlife Service, or 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); or
(6) to diminish or affect any program or activity by an
Indian tribe that does not impact salmonid habitat.
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