Union Calendar No. 255
116th CONGRESS 1st Session |
[Report No. 116–314]
To encourage partnerships among public agencies and other interested persons to promote fish conservation.
March 13, 2019
Mr. Wittman (for himself and Mr. Veasey) introduced the following bill; which was referred to the Committee on Natural Resources
November 26, 2019
Additional sponsors: Mr. Case, Ms. Lofgren, Mr. Cartwright, Miss González-Colón of Puerto Rico, Mrs. Luria, and Mr. Kind
November 26, 2019
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 13, 2019]
To encourage partnerships among public agencies and other interested persons to promote fish conservation.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “National Fish Habitat Conservation Through Partnerships Act”.
The purpose of this Act is to encourage partnerships among public agencies and other interested persons 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—
(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—
In this Act:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—
(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 to the term “Indian tribe” 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 section 5.
(11) STATE.—The term “State” means each of the several States, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the United States Virgin Islands, and the District of Columbia.
SEC. 4. National Fish Habitat Board.
(a) Establishment.—
(1) FISH HABITAT BOARD.—There is established a board, to be known as the “National Fish Habitat Board”, whose duties are—
(2) MEMBERSHIP.—The Board shall be composed of 25 members, of whom—
(F) 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;
(H) 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
(4) 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.
(b) Appointment and terms.—
(1) IN GENERAL.—Except as otherwise provided in this section, a member of the Board described in any of subparagraphs (F) through (O) of subsection (a)(2) shall serve for a term of 3 years.
(2) INITIAL BOARD MEMBERSHIP.—
(A) IN GENERAL.—The initial Board shall consist of representatives as described in subparagraphs (A) through (F) of subsection (a)(2).
(3) STAGGERED TERMS.—Of the members described in subsection (a)(2)(J) initially appointed to the Board—
(4) VACANCIES.—
(A) IN GENERAL.—A vacancy of a member of the Board described in subparagraph (H), (I), (J), (K), (L), (M), (N), or (O) of subsection (a)(2) shall be filled by an appointment made by the remaining members of the Board.
(B) TRIBAL REPRESENTATIVES.—Following a vacancy of a member of the Board described in subparagraph (G) of subsection (a)(2), 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.
(c) Chairperson.—
(e) Procedures.—
(1) IN GENERAL.—The Board shall establish procedures to carry out the business of the Board, including—
(B) a requirement that no recommendations may be adopted by the Board, except by the vote of 2⁄3 of all members;
SEC. 5. Fish Habitat Partnerships.
(a) Authority To recommend.—The Board may recommend to Congress the designation of Fish Habitat Partnerships in accordance with this section.
(b) Purposes.—The purposes of a Partnership shall be—
(1) to work with other regional habitat conservation programs to promote cooperation and coordination to enhance fish populations and fish habitats;
(4) to develop collaboratively a strategic vision and achievable implementation plan that is scientifically sound;
(6) to use adaptive management principles, including evaluation of project success and functionality;
(c) Criteria for designation.—An entity seeking to be designated by Congress as a Partnership shall—
(1) submit to the Board an application at such time, in such manner, and containing such information as the Board may reasonably require; and
(2) demonstrate to the Board that the entity has—
(B) 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;
(C) a self-governance structure that supports the implementation of strategic priorities for fish habitat;
(D) the ability to develop local and regional relationships with a broad range of entities to further strategic priorities for fish and fish habitat;
(E) 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;
(F) the ability to develop and implement fish habitat conservation projects that address strategic priorities of the Partnership and the Board; and
(G) 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.
(d) Requirements for recommendation to Congress.—The Board may recommend to Congress for designation an application for a Partnership submitted under subsection (c) if the Board determines that the applicant—
(2) 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;
(3) is organized to promote the health of important fish species and important fish habitats, including reservoirs, natural lakes, coastal and marine environments, and estuaries;
(4) 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) Report to Congress.—
(1) 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—
(f) Designation or modification of Partnership.—Congress shall have the exclusive authority to designate or modify a Partnership.
(g) Existing Partnerships.—
(1) DESIGNATION REVIEW.—Not later than 5 years after the date of enactment of this Act, any 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 subsection (f).
SEC. 6. Fish Habitat Conservation Projects.
(a) Submission to Board.—Not later than March 31 of each 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 Act.
(b) Recommendations by Board.—Not later than July 1 of each year, the Board shall submit to the Secretary a priority list of fish habitat conservation projects that includes a description, including estimated costs, of each project that the Board recommends that the Secretary approve and fund under this Act for the following fiscal year.
(c) Criteria for project selection.—The Board shall select each fish habitat conservation project recommended to the Secretary under subsection (b) after taking into consideration, at a minimum, the following information:
(1) A recommendation of the Partnership that is, or will be, participating actively in implementing the fish habitat conservation project.
(2) The capabilities and experience of project proponents to implement successfully the proposed project.
(3) The extent to which the fish habitat conservation project—
(A) 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 Act;
(C) is supported by the findings of the habitat assessment of the Partnership or the Board, and aligns or is compatible with other conservation plans;
(4) The availability of sufficient non-Federal funds to match Federal contributions for the fish habitat conservation project, as required by subsection (e).
(5) The extent to which the fish habitat conservation project—
(A) will increase fish populations in a manner that leads to recreational fishing opportunities for the public;
(B) will be carried out through a cooperative agreement among Federal, State, and local governments, Indian Tribes, and private entities;
(C) increases public access to land or water for fish and wildlife-dependent recreational opportunities;
(D) advances the conservation of fish and wildlife species that have been identified by a State agency as species of greatest conservation need;
(E) 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
(d) Limitations.—
(1) REQUIREMENTS FOR EVALUATION.—No fish habitat conservation project may be recommended by the Board under subsection (b) or provided financial assistance under this Act unless the fish habitat conservation project includes an evaluation plan designed using applicable Board guidance—
(A) to appropriately assess the biological, ecological, or other results of the habitat protection, restoration, or enhancement activities carried out using the assistance;
(B) 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;
(2) ACQUISITION AUTHORITIES.—
(A) 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 Act if the acquisition ensures—
(B) STATE AGENCY APPROVAL.—
(C) ASSESSMENT OF OTHER AUTHORITIES.—The Board may not recommend, and the Secretary may not provide any funding under this Act for, any real property interest acquisition unless the Partnership that recommended the project has conducted 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.
(D) 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 conducted with funds provided under this Act, unless—
(e) Non-Federal contributions.—
(1) IN GENERAL.—Except as provided in paragraph (2), no fish habitat conservation project may be recommended by the Board under subsection (b) or provided financial assistance under this Act unless at least 50 percent of the cost of the fish habitat conservation project will be funded with non-Federal funds.
(f) Approval.—
(1) IN GENERAL.—Not later than 90 days after the date of receipt of the recommended priority list of fish habitat conservation projects under subsection (b), and subject to subsection (d) and based, to the maximum extent practicable, on the criteria described in subsection (c), 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.
(2) FUNDING.—If the Secretary approves a fish habitat conservation project under paragraph (1), the Secretary shall use amounts made available to carry out this Act to provide funds to carry out the fish habitat conservation project.
(3) NOTIFICATION.—If the Secretary rejects under paragraph (1) any fish habitat conservation project recommended by the Board, 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.
SEC. 7. Technical and scientific assistance.
(a) 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 Partnerships, participants in fish habitat conservation projects, and the Board.
(b) Inclusions.—Scientific and technical assistance provided under subsection (a) may include—
(1) providing technical and scientific assistance to States, Indian Tribes, regions, local communities, and nongovernmental organizations in the development and implementation of Partnerships;
(2) providing technical and scientific assistance to Partnerships for habitat assessment, strategic planning, and prioritization;
(3) supporting the development and implementation of fish habitat conservation projects that are identified as high priorities by Partnerships and the Board;
(4) supporting and providing recommendations regarding the development of science-based monitoring and assessment approaches for implementation through Partnerships;
SEC. 8. 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 Act, including notification, by not later than 30 days before the date on which the activity is implemented.
SEC. 9. 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—
SEC. 10. Accountability and reporting.
(a) Reporting.—
(1) 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 Act.
(2) CONTENTS.—Each report submitted under paragraph (1) shall include—
(A) 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 under this Act during the 5-year period ending on the date of submission of the report;
(B) a description of the public access to fish habitats established or improved under this Act during that 5-year period;
(C) a description of the improved opportunities for public recreational fishing achieved under this Act; and
(D) an assessment of the status of fish habitat conservation projects carried out with funds provided under this Act during that period, disaggregated by year, including—
(i) a description of the fish habitat conservation projects recommended by the Board under section 6(b);
(ii) a description of each fish habitat conservation project approved by the Secretary under section 6(f), in order of priority for funding;
(b) 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—
(b) Authority To acquire water rights or rights to property.—Only a State, local government, or other non-Federal entity may acquire, under State law, water rights or rights to property with funds made available through section 13.
(c) State authority.—Nothing in this Act—
(d) Effect on Indian Tribes.—Nothing in this Act abrogates, abridges, affects, modifies, supersedes, or alters any right of an Indian Tribe recognized by treaty or any other means, including—
(e) Adjudication of water rights.—Nothing in this Act 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 Departments of State, Justice, Commerce, and The Judiciary Appropriation Act, 1953 (43 U.S.C. 666).
(f) Department of Commerce authority.—Nothing in this Act 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.).
(g) Effect on other authorities.—
(1) PRIVATE PROPERTY PROTECTION.—Nothing in this Act permits the use of funds made available to carry out this Act to acquire real property or a real property interest without the written consent of each owner of the real property or real property interest, respectively.
(2) MITIGATION.—Nothing in this Act authorizes the use of funds made available to carry out this Act for fish and wildlife mitigation purposes under—
(A) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
(B) the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.);
(3) CLEAN WATER ACT.—Nothing in this Act affects any provision of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), including any definition in that Act.
SEC. 12. Nonapplicability of Federal Advisory Committee Act.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to—
(a) Authorization of appropriations.—
(1) FISH HABITAT CONSERVATION PROJECTS.—There is authorized to be appropriated to the Secretary $7,200,000 for each of fiscal years 2019 through 2023 to provide funds for fish habitat conservation projects approved under section 6(f), of which 5 percent is authorized only for projects carried out by Indian Tribes.
(2) ADMINISTRATIVE AND PLANNING EXPENSES.—There is authorized to be appropriated to the Secretary for each of fiscal years 2019 through 2023 an amount equal to 5 percent of the amount appropriated for the applicable fiscal year pursuant to paragraph (1)—
(3) 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, section 7—
(b) Agreements and grants.—The Secretary may—
(1) 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 to provide funds authorized by this Act for a fish habitat conservation project or restoration or enhancement project;
(2) apply for, accept, and, subject to the availability of appropriations, use a grant from any individual or entity to carry out the purposes of this Act; and
(3) subject to the availability of appropriations, make funds authorized by this Act 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 Act.
(c) Donations.—
(1) IN GENERAL.—The Secretary may—
(A) 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 Act; and
SEC. 14. Prohibition against implementation of regulatory authority by Federal agencies through Partnerships.
Any Partnership designated under this Act—
Union Calendar No. 255 | |||||
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[Report No. 116–314] | |||||
A BILL | |||||
To encourage partnerships among public agencies and other interested persons to promote fish
conservation. | |||||
November 26, 2019 | |||||
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed |