,,ii ,calendar ,no4 #dbd #aacth ,,congress #b;d ,session ,s4 #bjhj ,report ,no4 #aac-aib ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #e1 #bjad,mr4 ,cardin 7for himself1 ,mr4 ,crapo1 and ,mr4 ,begich7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,june #e1 #bjad,reported by ,mrs4 ,boxer1 without amendment ,a ,,bill ,to conserve fish and aquatic communities in the ,united ,states through partnerships that foster fish habitat conservation1 improve the quality of life for the people of the ,united ,states1 enhance fish and wildlife-dependent recreation1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,national ,fish ,habitat ,conservation ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings2 purpose4,sec4 #c4 ,definitions4,sec4 #d4 ,national ,fish ,habitat ,board4,sec4 #e4 ,fish habitat partnerships4,sec4 #f4 ,fish habitat conservation projects4,sec4 #g4 ,national ,fish ,habitat ,conservation ,partnership ,program4,sec4 #h4 ,technical and scientific assistance4,sec4 #i4 ,conservation of fish habitat on ,federal land4,sec4 #aj4 ,coordination with ,states and ,indian tribes4,sec4 #aa4 ,accountability and reporting4,sec4 #ab4 ,effect of ,act4,sec4 #ac4 ,nonapplicability of ,federal ,advisory ,committee ,act4,sec4 #ad4 ,funding4 #b4 ,findings2 purpose 7a7 ,findings ,congress finds that-- 7#a7 healthy populations of fish depend on the conservation1 protection1 restoration1 and enhancement of fish habitats in the ,united ,states2 7#b7 fish habitats 7including wetlands1 streams1 rivers1 lakes1 estuaries1 and coastal and marine habitats7 perform numerous valuable environmental functions that sustain environmental1 social1 and cultural values1 including recycling nutrients1 purifying water1 attenuating floods1 augmenting and maintaining stream flows1 recharging ground water1 acting as primary producers in the food chain1 and providing essential and significant habitat for plants1 fish1 wildlife1 and other dependent species2 7#c7 the extensive and diverse fish habitat resources of the ,united ,states are of enormous significance to the economy of the ,united ,states1 providing-- 7,a7 recreation for #fj1jjj1jjj anglers2 7,b7 more than #hbh1jjj jobs and approximately #aae1jjj1jjj1jjj in economic impact each year relating to recreational fishing2 and 7,c7 approximately #ege1jjj jobs and an additional #cf1jjj1jjj1jjj in economic impact each year relating to commercial fishing2 7#d7 at least #dj percent of all threatened species and endangered species in the ,united ,states are directly dependent on fish habitats2 7#e7 certain fish species are considered to be ecological indicators of fish habitat quality1 such that the presence of those species reflects high-quality habitat for fish species2 7#f7 loss and degradation of fish habitat1 riparian habitat1 water quality1 and water volume caused by activities such as alteration of watercourses1 stream blockages1 water withdrawals and diversions1 erosion1 pollution1 sedimentation1 and destruction or modification of wetlands have-- 7,a7 caused significant declines in fish populations throughout the ,united ,states1 especially declines in native fish populations2 and 7,b7 resulted in economic losses to the ,united ,states2 7#g7 7,a7 providing for the conservation and sustainability of fish populations has not been fully realized1 despite federally funded fish and wildlife restoration programs and other activities intended to conserve fish habitat2 and 7,b7 conservation and sustainability may be significantly advanced through a renewed commitment and sustained1 cooperative efforts that are complementary to existing fish and wildlife restoration programs and clean water programs2 7#h7 the ,national ,fish ,habitat ,action ,plan provides a framework for maintaining and restoring fish habitats to perpetuate populations of fish species2 7#i7 the ,united ,states can achieve significant progress toward providing fish habitats for the conservation and restoration of fish species through a voluntary1 nonregulatory incentive program that is based on technical and financial assistance provided by the ,federal ,government2 7#aj7 the creation of partnerships between local citizens1 ,indian tribes1 ,alaska ,native organizations1 corporations1 nongovernmental organizations1 and ,federal1 ,state1 and tribal agencies is critical to the success of activities to restore fish habitats2 7#aa7 the ,federal ,government has numerous land and water management agencies that are critical to the implementation of the ,national ,fish ,habitat ,action ,plan1 including-- 7,a7 the ,united ,states ,fish and ,wildlife ,service2 7,b7 the ,bureau of ,land ,management2 7,c7 the ,national ,park ,service2 7,d7 the ,bureau of ,reclamation2 7,e7 the ,bureau of ,indian ,affairs2 7,f7 the ,national ,marine ,fisheries ,service2 7,g7 the ,forest ,service2 7,h7 the ,natural ,resources ,conservation ,service2 and 7,i7 the ,environmental ,protection ,agency2 7#ab7 the ,united ,states ,fish and ,wildlife ,service1 the ,forest ,service1 the ,bureau of ,land ,management1 and the ,national ,marine ,fisheries ,service each play a vital role in-- 7,a7 the protection1 restoration1 and enhancement of the fish communities and fish habitats in the ,united ,states2 and 7,b7 the development1 operation1 and long-term success of fish habitat partnerships and project implementation2 7#ac7 the ,united ,states ,geological ,survey1 the ,united ,states ,fish and ,wildlife ,service1 and the ,national ,marine ,fisheries ,service each play a vital role in scientific evaluation1 data collection1 and mapping for fishery resources in the ,united ,states2 7#ad7 the ,state and ,territorial fish and wildlife agencies play a vital role in-- 7,a7 the protection1 restoration1 and enhancement of the fish communities and fish habitats in their respective ,states and territories2 and 7,b7 the development1 operation1 and long-term success of fish habitat partnerships and project implementation2 and 7#ae7 many of the programs for conservation on private farmland1 ranchland1 and forestland that are carried out by the ,secretary of ,agriculture1 including the ,natural ,resources ,conservation ,service and the ,state and ,private ,forestry programs of the ,forest ,service1 are able to significantly contribute to the implementation of the ,national ,fish ,habitat ,action ,plan through the engagement of private landowners4 7b7 ,purpose ,the purpose of this ,act is to encourage partnerships among public agencies and other interested parties consistent with the mission and goals of the ,national ,fish ,habitat ,action ,plan-- 7#a7 to promote intact and healthy fish habitats2 7#b7 to improve the quality and quantity of fish habitats and overall health of fish species2 7#c7 to increase the quality and quantity of fish habitats that support a broad natural diversity of fish and other aquatic species2 7#d7 to improve fish habitats in a manner that leads to improvement of the annual economic output from recreational1 subsistence1 and commercial fishing2 7#e7 to enhance fish and wildlife-dependent recreation2 7#f7 to coordinate and facilitate activities carried out by ,federal departments and agencies under the leadership of-- 7,a7 the ,director of the ,united ,states ,fish and ,wildlife ,service2 7,b7 the ,assistant ,administrator for ,fisheries of the ,national ,oceanic and ,atmospheric ,administration2 and 7,c7 the ,director of the ,united ,states ,geological ,survey2 and 7#g7 to achieve other purposes in accordance with the mission and goals of the ,national ,fish ,habitat ,action ,plan4 #c4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,environment and ,public ,works of the ,senate2 and 7,b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7#b7 ,assistant ,administrator ,the term ,assistant ,administrator means the ,assistant ,administrator for ,fisheries of the ,national ,oceanic and ,atmospheric ,administration4 7#c7 ,board ,the term ,board means the ,national ,fish ,habitat ,board established by section #d7;a77#a74 7#d7 ,conservation2 conserve2 manage2 management ,the terms conservation1 conserve1 manage1 and management mean to maintain1 sustain1 and1 where practicable1 restore and enhance1 using methods and procedures associated with modern scientific resource programs 7including protection1 research1 census1 law enforcement1 habitat management1 propagation1 live trapping and transplantation1 and the regulated harvesting of fish7-- 7,a7 a healthy population of fish2 7,b7 a habitat required to sustain fish and fish populations2 or 7,c7 a habitat required to sustain fish productivity4 7#e7 ,director ,the term ,director means the ,director of the ,united ,states ,fish and ,wildlife ,service4 7#f7 ,fish 7,a7 ,in general ,the term fish means any freshwater1 diadromous1 estuarine1 or marine finfish or shellfish4 7,b7 ,inclusions ,the term fish includes the egg1 spawn1 spat1 larval1 and other juvenile stages of an organism described in subparagraph 7,a74 7#g7 ,fish and wildlife-dependent recreation ,the term fish and wildlife-dependent recreation means a use involving hunting1 fishing1 wildlife observation and photography1 or conservation education and interpretation4 7#h7 ,fish habitat 7,a7 ,in general ,the term fish habitat means an area on which fish depend to carry out the life processes of the fish1 including an area used by the fish for spawning1 incubation1 nursery1 rearing1 growth to maturity1 food supply1 or migration4 7,b7 ,inclusions ,the term fish habitat may include-- 7i7 an area immediately adjacent to an aquatic environment1 if the immediately adjacent area-- 7,i7 contributes to the quality and quantity of water sources2 or 7,,ii7 provides public access for the use of fishery resources2 and 7ii7 an area inhabited by saltwater and brackish fish1 including an offshore artificial marine reef in the ,gulf of ,mexico4 7#i7 ,fish habitat conservation project 7,a7 ,in general ,the term fish habitat conservation project means a project that-- 7i7 is submitted to the ,board by a ,partnership and approved by the ,secretary under section #f2 and 7ii7 provides for the conservation or management of a fish habitat4 7,b7 ,inclusions ,the term fish habitat conservation project includes-- 7i7 the provision of technical assistance to a ,state1 ,indian tribe1 or local community by the ,national ,fish ,habitat ,conservation ,partnership ,program or any other agency to facilitate the development of strategies and priorities for the conservation of fish habitats2 or 7ii7 the voluntary obtaining of a real property interest in land or water1 by a ,state1 local government1 or other non-,federal entity1 including water rights1 in accordance with terms and conditions that ensure that the real property will be administered for the long-term conservation of-- 7,i7 the land or water2 and 7,,ii7 the fish dependent on the land or water4 7#aj7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#aa7 ,national ,fish ,habitat ,action ,plan ,the term ,national ,fish ,habitat ,action ,plan means the ,national ,fish ,habitat ,action ,plan dated ,april #bd1 #bjjf1 and any subsequent revisions or amendments to that plan4 7#ab7 ,partnership ,the term ,partnership means an entity designated by the ,board as a ,fish ,habitat ,conservation ,partnership pursuant to section #e7;a74 7#ac7 ,real property interest ,the term real property interest means an ownership interest in-- 7,a7 land2 7,b7 water 7including water rights72 or 7,c7 a building or object that is permanently affixed to land4 7#ad7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#ae7 ,state ,the term ,state means-- 7,a7 each of the several ,states2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 ,guam2 7,e7 the ,virgin ,islands2 and 7,f7 any other territory or possession of the ,united ,states4 7#af7 ,state agency ,the term ,state agency means-- 7,a7 the fish and wildlife agency of a ,state2 7,b7 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 ,state2 or 7,c7 the fish and wildlife agency of the ,commonwealth of ,puerto ,rico1 ,guam1 the ,virgin ,islands1 or any other territory or possession of the ,united ,states4 #d4 ,national ,fish ,habitat ,board 7a7 ,establishment 7#a7 ,fish ,habitat ,board ,there is established a board1 to be known as the ,national ,fish ,habitat ,board1 whose duties are-- 7,a7 to promote1 oversee1 and coordinate the implementation of this ,act and the ,national ,fish ,habitat ,action ,plan2 7,b7 to establish national goals and priorities for fish habitat conservation2 7,c7 to approve ,partnerships2 and 7,d7 to review and make recommendations regarding fish habitat conservation projects4 7#b7 ,membership ,the ,board shall be composed of #bh members1 of whom-- 7,a7 #a shall be the ,director2 7,b7 #a shall be the ,assistant ,administrator2 7,c7 #a shall be the ,chief of the ,natural ,resources ,conservation ,service2 7,d7 #a shall be the ,chief of the ,forest ,service2 7,e7 #a shall be the ,assistant ,administrator for ,water of the ,environmental ,protection ,agency2 7,f7 #a shall be the ,president of the ,association of ,fish and ,wildlife ,agencies2 7,g7 #a shall be the ,secretary of the ,board of ,directors of the ,national ,fish and ,wildlife ,foundation appointed pursuant to section #c7;g77#b77;,b7 of the ,national ,fish and ,wildlife ,foundation ,establishment ,act 7#af ,u4,s4,c4 #cgjb7;g77#b77;,b772 7,h7 #d shall be representatives of ,state agencies1 #a of whom shall be nominated by a regional association of fish and wildlife agencies from each of the ,northeast1 ,southeast1 ,midwest1 and ,western regions of the ,united ,states2 7,i7 #a shall be a representative of the ,commonwealth of ,puerto ,rico1 ,guam1 the ,virgin ,islands1 or any other territory or possession of the ,united ,states2 7,j7 #a shall be a representative of the ,american ,fisheries ,society2 7,k7 #b shall be representatives of ,indian tribes1 of whom-- 7i7 #a shall represent ,indian tribes from the ,state of ,alaska2 and 7ii7 #a shall represent ,indian tribes from the other ,states2 7,l7 #a shall be a representative of the ,regional ,fishery ,management ,councils established under section #cjb of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb72 7,m7 #a shall be a representative of the ,marine ,fisheries ,commissions1 which is composed of-- 7i7 the ,atlantic ,states ,marine ,fisheries ,commission2 7ii7 the ,gulf ,states ,marine ,fisheries ,commission2 and 7iii7 the ,pacific ,states ,marine ,fisheries ,commission2 7,n7 #a shall be a representative of the ,sportfishing and ,boating ,partnership ,council2 and 7,o7 #aj shall be representatives selected from each of the following groups3 7i7 ,the recreational sportfishing industry4 7ii7 ,the commercial fishing industry4 7iii7 ,marine recreational anglers4 7iv7 ,freshwater recreational anglers4 7v7 ,terrestrial resource conservation organizations4 7vi7 ,aquatic resource conservation organizations4 7vii7 ,the livestock and poultry production industry4 7viii7 ,the land development industry4 7ix7 ,the row crop industry4 7x7 ,natural resource commodity interests1 such as petroleum or mineral extraction4 7#c7 ,compensation ,a member of the ,board shall serve without compensation4 7#d7 ,travel expenses ,a member of the ,board may be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for an employee of an agency under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from the home or regular place of business of the member in the performance of the duties of the ,board4 7b7 ,appointment and terms 7#a7 ,in general ,except as otherwise provided in this subsection1 a member of the ,board described in any of subparagraphs 7,h7 through 7,o7 of subsection 7a77#b7 shall serve for a term of #c years4 7#b7 ,initial board membership 7,a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the representatives of the board established by the ,national ,fish ,habitat ,action ,plan shall appoint the initial members of the ,board described in subparagraphs 7,h71 7,i71 7,j71 7,l71 7,m71 7,n71 and 7,o7 of subsection 7a77#b74 7,b7 ,tribal representatives ,not later than #ahj days after the enactment of this ,act1 the ,secretary shall provide to the board established by the ,national ,fish ,habitat ,action ,plan a recommendation of not less than #d tribal representatives1 from which that board shall appoint #b representatives pursuant to subparagraph 7,k7 of subsection 7a77#b74 7#c7 ,transitional terms ,of the members described in subsection 7a77#b77,o7 initially appointed to the ,board-- 7,a7 #d shall be appointed for a term of #a year2 7,b7 #d shall be appointed for a term of #b years2 and 7,c7 #c shall be appointed for a term of #c years4 7#d7 ,vacancies 7,a7 ,in general ,a vacancy of a member of the ,board described in subparagraphs 7,h71 7,i71 7,j71 7,l71 7,m71 7,n71 and 7,o7 of subsection 7a77#b7 shall be filled by an appointment made by the remaining members of the ,board4 7,b7 ,tribal representatives ,following a vacancy of a member of the ,board described in subparagraph 7,k7 of subsection 7a77#b71 the ,secretary shall recommend to the ,board a list of not less than #d tribal representatives1 from which the remaining members of the ,board shall appoint a representative to fill the vacancy4 7#e7 ,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 appointed4 7#f7 ,removal ,if a member of the ,board described in any of subparagraphs 7,h7 through 7,o7 of subsection 7a77#b7 misses #c consecutive regularly scheduled ,board meetings1 the members of the ,board may-- 7,a7 vote to remove that member2 and 7,b7 appoint another individual in accordance with paragraph 7#d74 7c7 ,chairperson 7#a7 ,in general ,the ,board shall elect a member of the ,board to serve as ,chairperson of the ,board4 7#b7 ,term ,the ,chairperson of the ,board shall serve for a term of #c years4 7d7 ,meetings 7#a7 ,in general ,the ,board shall meet-- 7,a7 at the call of the ,chairperson2 but 7,b7 not less frequently than twice each calendar year4 7#b7 ,public access ,all meetings of the ,board shall be open to the public4 7e7 ,procedures 7#a7 ,in general ,the ,board shall establish procedures to carry out the business of the ,board1 including-- 7,a7 a requirement that a quorum of the members of the ,board be present to transact business2 7,b7 a requirement that no recommendations may be adopted by the ,board1 except by the vote of #b_/c of all members2 7,c7 procedures for establishing national goals and priorities for fish habitat conservation for the purposes of this ,act2 7,d7 procedures for designating ,partnerships under section #e2 and 7,e7 procedures for reviewing1 evaluating1 and making recommendations regarding fish habitat conservation projects4 7#b7 ,quorum ,a majority of the members of the ,board shall constitute a quorum4 #e4 ,fish habitat partnerships 7a7 ,authority ,to approve ,the ,board may approve and designate ,fish ,habitat ,partnerships in accordance with this section4 7b7 ,purposes ,the purposes of a ,partnership shall be-- 7#a7 to coordinate the implementation of the ,national ,fish ,habitat ,action ,plan at a regional level2 7#b7 to identify strategic priorities for fish habitat conservation2 7#c7 to recommend to the ,board fish habitat conservation projects that address a strategic priority of the ,board2 and 7#d7 to develop and carry out fish habitat conservation projects4 7c7 ,applications ,an entity seeking to be designated as a ,partnership shall submit to the ,board an application at such time1 in such manner1 and containing such information as the ,board may reasonably require4 7d7 ,approval ,the ,board may approve an application for a ,partnership submitted under subsection 7c7 if the ,board determines that the applicant-- 7#a7 identifies representatives to provide support and technical assistance to the ,partnership from a diverse group of public and private partners1 which may include ,federal1 ,state1 or local governments1 nonprofit entities1 ,indian tribes1 and private individuals1 that are focused on conservation of fish habitats to achieve results across jurisdictional boundaries on public and private land2 7#b7 is organized to promote the health of important fish habitats and distinct geographical areas1 important fish species1 or system types1 including reservoirs1 natural lakes1 coastal and marine environments1 and estuaries2 7#c7 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 decisionmaking2 7#d7 is able to address issues and priorities on a nationally significant scale2 7#e7 includes a governance structure that-- 7,a7 reflects the range of all partners2 and 7,b7 promotes joint strategic planning and decisionmaking by the applicant2 7#f7 demonstrates completion of1 or significant progress toward the development of1 a strategic plan to address the decline in fish populations1 rather than simply treating symptoms in accordance with the ,national ,fish ,habitat ,action ,plan2 and 7#g7 promotes collaboration in developing a strategic vision and implementation program that is scientifically sound and achievable4 #f4 ,fish habitat conservation projects 7a7 ,submission to ,board ,not later than ,march #ca of each calendar year1 each ,partnership shall submit to the ,board a list of fish habitat conservation projects recommended by the ,partnership for annual funding under this ,act4 7b7 ,recommendations by ,board ,not later than ,july #a of each calendar year1 the ,board shall submit to the ,secretary a description1 including estimated costs1 of each fish habitat conservation project that the ,board recommends that the ,secretary approve and fund under this ,act1 in order of priority1 for the following fiscal year4 7c7 ,considerations ,the ,board shall select each fish habitat conservation project to be recommended to the ,secretary under subsection 7b7-- 7#a7 based on a recommendation of the ,partnership that is1 or will be1 participating actively in carrying out the fish habitat conservation project2 and 7#b7 after taking into consideration-- 7,a7 the extent to which the fish habitat conservation project fulfills a purpose of this ,act or a goal of the ,national ,fish ,habitat ,action ,plan2 7,b7 the extent to which the fish habitat conservation project addresses the national priorities established by the ,board2 7,c7 the availability of sufficient non-,federal funds to match ,federal contributions for the fish habitat conservation project1 as required by subsection 7e72 7,d7 the extent to which the fish habitat conservation project-- 7i7 increases recreational fishing opportunities for the public2 7ii7 will be carried out through a cooperative agreement among ,federal1 ,state1 and local governments1 ,indian tribes1 and private entities2 7iii7 increases public access to land or water for fish and wildlife-dependent recreational opportunities2 7iv7 advances the conservation of fish and wildlife species that have been identified by the ,states as species in greatest need of conservation2 7v7 where appropriate1 advances the conservation of fish and fish habitats under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq471 other relevant ,federal law1 and ,state wildlife action plans2 and 7vi7 promotes strong and healthy fish habitats such that desired biological communities are able to persist and adapt2 and 7,e7 the substantiality of the character and design of the fish habitat conservation project4 7d7 ,limitations 7#a7 ,requirements for evaluation ,no fish habitat conservation project may be recommended by the ,board under subsection 7b7 or provided financial assistance under this ,act unless the fish habitat conservation project includes an evaluation plan designed-- 7,a7 to appropriately assess the biological1 ecological1 or other results of the habitat protection1 restoration1 or enhancement activities carried out using the assistance2 7,b7 to reflect appropriate changes to the fish habitat conservation project if the assessment substantiates that the fish habitat conservation project objectives are not being met2 7,c7 to identify improvements to existing recreational fishing opportunities and the overall economic benefits for the local community of the fish habitat conservation project2 and 7,d7 to require the submission to the ,board of a report describing the findings of the assessment4 7#b7 ,acquisition of real property interests 7,a7 ,acquisition of real property interests 7i7 ,in general ,subject to clause 7ii71 a ,state1 local government1 or other non-,federal entity shall be eligible to receive funds under this ,act for the acquisition of real property4 7ii7 ,restriction ,no fish habitat conservation project that will result in the acquisition by a ,state1 local government1 or other non-,federal entity1 in whole or in part1 of any real property interest may be recommended by the ,board under subsection 7b7 or provided financial assistance under this ,act unless the project meets the requirements of subparagraph 7,b74 7,b7 ,requirements 7i7 ,in general ,a real property interest may not be acquired pursuant to a fish habitat conservation project by a ,state1 local government1 or other non-,federal entity unless-- 7,i7 the ,secretary determines that the ,state1 local government1 or other non-,federal entity is obligated to undertake the management of the real property being acquired in accordance with the purposes of this ,act2 and 7,,ii7 the owner of the real property authorizes the ,state1 local government1 or other non-,federal entity to acquire the real property4 7ii7 ,additional conditions ,any real property interest acquired by a ,state1 local government1 or other non-,federal entity pursuant to a fish habitat conservation project shall be subject to terms and conditions established by the ,secretary providing for the long-term conservation and management of the fish habitat and the fish and wildlife dependent on that habitat4 7iii7 ,public access 7,i7 ,in general ,any acquisition of fee title to real property by a ,state1 local government1 or non-,federal entity pursuant to this ,act shall1 where applicable and consistent with ,state laws and regulations1 provide public access to that real property for compatible fish and wildlife-dependent recreation4 7,,ii7 ,public access ,public access to real property described in subclause 7,i7 shall be closed only for purposes of protecting public safety1 the property1 or habitat4 7iv7 ,state agency approval 7,i7 ,in general ,any real property interest acquired by a ,state1 local government1 or other non-,federal entity under this ,act shall be approved by the applicable ,state agency in the ,state in which the fish habitat conservation project is carried out4 7,,ii7 ,administration ,the ,board shall not recommend1 and the ,secretary shall not provide any funding under this ,act for1 the acquisition of any real property interest described in subclause 7,i7 that has not been approved by the applicable ,state agency4 7v7 ,violation ,if the ,state1 local government1 or other non-,federal entity violates any term or condition established by the ,secretary under clause 7ii71 the ,secretary may require the ,state1 local government1 or other non-,federal entity to refund all or part of any payments received under this ,act1 with interest on the payments as determined appropriate by the ,secretary4 7e7 ,non-,federal contributions 7#a7 ,in general ,except as provided in paragraph 7#b71 no fish habitat conservation project may be recommended by the ,board under subsection 7b7 or provided financial assistance under this ,act unless at least #ej percent of the cost of the fish habitat conservation project will be funded with non-,federal funds4 7#b7 ,projects on ,federal land or water ,notwithstanding paragraph 7#a71 ,federal funds may be used for payment of #ajj percent of the costs of a fish habitat conservation project located on ,federal land or water4 7#c7 ,non-,federal share ,the non-,federal share of the cost of a fish habitat conservation project-- 7,a7 may not be derived from a ,federal grant program2 but 7,b7 may include in-kind contributions and cash4 7#d7 ,special rule for ,indian tribes ,notwithstanding paragraph 7#a7 or any other provision of law1 any funds made available to an ,indian tribe pursuant to this ,act may be considered to be non-,federal funds for the purpose of paragraph 7#a74 7f7 ,approval 7#a7 ,in general ,not later than #ahj days after the date of receipt of the recommendations of the ,board for fish habitat conservation projects under subsection 7b71 subject to the limitations under subsection 7d71 and based1 to the maximum extent practicable1 on the criteria described in subsection 7c7-- 7,a7 the ,secretary shall approve1 reject1 or reorder the priority of any fish habitat conservation project recommended by the ,board that is not within a marine or estuarine habitat2 and 7,b7 the ,secretary and the ,secretary of ,commerce shall jointly approve1 reject1 or reorder the priority of any fish habitat conservation project recommended by the ,board that is within a marine or estuarine habitat4 7#b7 ,funding ,if a fish habitat conservation project under paragraph 7#a7 is approved by the ,secretary1 or the ,secretary and the ,secretary of ,commerce jointly1 the ,secretary1 or the ,secretary and the ,secretary of ,commerce jointly1 as applicable1 shall use amounts made available to carry out this ,act to provide funds to carry out the fish habitat conservation project4 7#c7 ,notification ,if the priority of any fish habitat conservation project recommended by the ,board under subsection 7b7 is rejected or reordered by the ,secretary1 or the ,secretary and the ,secretary of ,commerce jointly1 the ,secretary1 or the ,secretary and the ,secretary of ,commerce jointly1 shall1 not later than #ahj days after the date of receipt of the recommendations1 provide to the ,board1 the appropriate ,partnership1 and the appropriate congressional committees a written statement of the ,secretary1 or the ,secretary and the ,secretary of ,commerce jointly1 as applicable1 detailing the reasons why the ,secretary or the ,secretary and the ,secretary of ,commerce jointly rejected or reordered the priority of the fish habitat conservation project4 #g4 ,national ,fish ,habitat ,conservation ,partnership ,program 7a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,director shall establish a program1 to be known as the ,national ,fish ,habitat ,conservation ,partnership ,program1 within the ,division of ,fish and ,aquatic ,conservation of the ,united ,states ,fish and ,wildlife ,service4 7b7 ,functions ,the ,national ,fish ,habitat ,conservation ,partnership ,program shall-- 7#a7 provide funding for the operational needs of the ,partnerships1 including funding for activities such as planning1 project development and implementation1 coordination1 monitoring1 evaluation1 communication1 and outreach2 7#b7 provide funding to support the detail of ,state and tribal fish and wildlife staff to the ,program2 7#c7 facilitate the cooperative development and approval of ,partnerships2 7#d7 assist the ,secretary and the ,board in carrying out this ,act2 7#e7 assist the ,secretary in carrying out the requirements of sections #h and #aj2 7#f7 facilitate communication1 cohesiveness1 and efficient operations for the benefit of ,partnerships and the ,board2 7#g7 facilitate1 with assistance from the ,director1 the ,assistant ,administrator1 and the ,president of the ,association of ,fish and ,wildlife ,agencies1 the consideration of fish habitat conservation projects by the ,board2 7#h7 provide support to the ,director regarding the development and implementation of the interagency operational plan under subsection 7c72 7#i7 coordinate technical and scientific reporting as required by section #aa2 7#aj7 facilitate the efficient use of resources and activities of ,federal departments and agencies to carry out this ,act in an efficient manner2 and 7#aa7 provide support to the ,board for national communication and outreach efforts that promote public awareness of fish habitat conservation4 7c7 ,interagency operational plan ,not later than #a year after the date of enactment of this ,act1 and every #e years thereafter1 the ,director1 in cooperation with the ,assistant ,administrator and the heads of other appropriate ,federal departments and agencies1 shall develop an interagency operational plan for the ,national ,fish ,habitat ,conservation ,partnership ,program that describes-- 7#a7 the functional1 operational1 technical1 scientific1 and general staff1 administrative1 and material needs of the ,program2 and 7#b7 any interagency agreements between or among ,federal departments and agencies to address those needs4 7d7 ,staff and support 7#a7 ,departments of ,interior and ,commerce ,the ,director and the ,assistant ,administrator shall each provide appropriate staff to support the ,national ,fish ,habitat ,conservation ,partnership ,program1 subject to the availability of funds under section #ad4 7#b7 ,states and ,indian tribes ,each ,state and ,indian tribe is encouraged to provide staff to support the ,national ,fish ,habitat ,conservation ,partnership ,program4 7#c7 ,detailees and contractors ,the ,national ,fish ,habitat ,conservation ,partnership ,program may accept staff or other administrative support from other entities-- 7,a7 through interagency details2 or 7,b7 as contractors4 7#d7 ,qualifications ,the staff of the ,national ,fish ,habitat ,conservation ,partnership ,program shall include members with education and experience relating to the principles of fish1 wildlife1 and habitat conservation4 7e7 ,reports ,not less frequently than once each year1 the ,director shall provide to the ,board a report describing the activities of the ,national ,fish ,habitat ,conservation ,partnership ,program4 #h4 ,technical and scientific assistance 7a7 ,in general ,the ,director1 the ,assistant ,administrator1 and the ,director of the ,united ,states ,geological ,survey1 in coordination with the ,forest ,service and other appropriate ,federal departments and agencies1 shall provide scientific and technical assistance to the ,partnerships1 participants in fish habitat conservation projects1 and the ,board4 7b7 ,inclusions ,scientific and technical assistance provided pursuant to subsection 7a7 may include-- 7#a7 providing technical and scientific assistance to ,states1 ,indian tribes1 regions1 local communities1 and nongovernmental organizations in the development and implementation of ,partnerships2 7#b7 providing technical and scientific assistance to ,partnerships for habitat assessment1 strategic planning1 and prioritization2 7#c7 supporting the development and implementation of fish habitat conservation projects that are identified as high priorities by ,partnerships and the ,board2 7#d7 supporting and providing recommendations regarding the development of science-based monitoring and assessment approaches for implementation through ,partnerships2 7#e7 supporting and providing recommendations for a national fish habitat assessment2 7#f7 ensuring the availability of experts to conduct scientifically based evaluation and reporting of the results of fish habitat conservation projects2 and 7#g7 providing resources to secure ,state agency scientific and technical assistance to support ,partnerships1 participants in fish habitat conservation projects1 and the ,board4 #i4 ,conservation of fish habitat on ,federal land ,to the extent consistent with the mission and authority of the applicable department or agency1 the head of each ,federal department and agency may coordinate with the ,assistant ,administrator and the ,director to promote healthy fish populations and fish habitats4 #aj4 ,coordination with ,states and ,indian tribes ,the ,secretary shall provide a notice to1 and cooperate with1 the appropriate ,state agency or tribal agency1 as applicable1 of each ,state and ,indian tribe within the boundaries of which an activity is planned to be carried out pursuant to this ,act1 including notification1 by not later than #cj days before the date on which the activity is implemented4 #aa4 ,accountability and reporting 7a7 ,reporting 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter1 the ,board shall submit to the appropriate congressional committees a report describing the progress of-- 7,a7 this ,act2 and 7,b7 the ,national ,fish ,habitat ,action ,plan4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include-- 7,a7 an estimate of the number of acres1 stream miles1 or acre-feet 7or other suitable measure7 of fish habitat that was maintained or improved under the ,national ,fish ,habitat ,action ,plan by ,federal1 ,state1 or local governments1 ,indian tribes1 or other entities in the ,united ,states during the #b-year period ending on the date of submission of the report2 7,b7 a description of the public access to fish habitats established or improved under the ,national ,fish ,habitat ,action ,plan during that #b-year period2 7,c7 a description of the opportunities for public recreational fishing established under the ,national ,fish ,habitat ,action ,plan during that period2 and 7,d7 an assessment of the status of fish habitat conservation projects carried out with funds provided under this ,act during that period1 disaggregated by year1 including-- 7i7 a description of the fish habitat conservation projects recommended by the ,board under section #f7;b72 7ii7 a description of each fish habitat conservation project approved by the ,secretary under section #f7;f71 in order of priority for funding2 7iii7 a justification for-- 7,i7 the approval of each fish habitat conservation project2 and 7,,ii7 the order of priority for funding of each fish habitat conservation project2 7iv7 a justification for any rejection or reordering of the priority of each fish habitat conservation project recommended by the ,board under section #f7;b7 that was based on a factor other than the criteria described in section #f7;c72 and 7v7 an accounting of expenditures by ,federal1 ,state1 or local governments1 ,indian tribes1 or other entities to carry out fish habitat conservation projects4 7b7 ,status and trends report ,not later than ,december #ca1 #bjae1 and every #e years thereafter1 the ,board shall submit to the appropriate congressional committees a report describing the status of fish habitats in the ,united ,states4 7c7 ,revisions ,not later than ,december #ca1 #bjae1 and every #e years thereafter1 the ,board shall revise the goals and other elements of the ,national ,fish ,habitat ,action ,plan1 after consideration of each report required by subsection 7b74 #ab4 ,effect of ,act 7a7 ,water rights ,nothing in this ,act-- 7#a7 establishes any express or implied reserved water right in the ,united ,states for any purpose2 7#b7 affects any water right in existence on the date of enactment of this ,act2 7#c7 preempts or affects any ,state water law or interstate compact governing water2 or 7#d7 affects any ,federal or ,state law in existence on the date of enactment of this ,act regarding water quality or water quantity4 7b7 ,authority ,to acquire water rights or rights to property ,in carrying out section #f7;d77#b71 only a ,state1 local government1 or other non-,federal entity may acquire1 in accordance with applicable ,state law1 water rights or rights to property pursuant to a fish habitat conservation projected funded under this ,act4 7c7 ,state authority ,nothing in this ,act-- 7#a7 affects the authority1 jurisdiction1 or responsibility of a ,state to manage1 control1 or regulate fish and wildlife under the laws and regulations of the ,state2 or 7#b7 authorizes the ,secretary to control or regulate within a ,state the fishing or hunting of fish and wildlife4 7d7 ,effect on ,indian tribes ,nothing in this ,act abrogates1 abridges1 affects1 modifies1 supersedes1 or alters any right of an ,indian tribe recognized by treaty or any other means1 including-- 7#a7 an agreement between the ,indian tribe and the ,united ,states2 7#b7 ,federal law 7including regulations72 7#c7 an ,executive order2 or 7#d7 a judicial decree4 7e7 ,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 7a71 7b71 or 7c7 of section #bjh of the ,department of ,justice ,appropriation ,act1 #aiec 7#dc ,u4,s4,c4 #fff74 7f7 ,department of ,commerce authority ,nothing in this ,act affects the authority1 jurisdiction1 or responsibility of the ,department of ,commerce to manage1 control1 or regulate fish or fish habitats under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 7g7 ,effect on ,other ,authorities 7#a7 ,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 interest4 7#b7 ,mitigation ,nothing in this ,act permits the use of funds made available to carry out this ,act for fish and wildlife mitigation purposes under-- 7,a7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7,b7 the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa et seq472 7,c7 the ,water ,resources ,development ,act of #aihf 7,public ,law #ii-ffb2 #ajj ,stat4 #djhb72 or 7,d7 any other ,federal law or court settlement4 7#c7 ,clean ,water ,act ,nothing in this ,act affects or alters any provision of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 including any definition in that ,act4 #ac4 ,nonapplicability of ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to-- 7#a7 the ,board2 or 7#b7 any ,partnership4 #ad4 ,funding 7a7 ,authorization of appropriations 7#a7 ,fish habitat conservation projects ,there is authorized to be appropriated to the ,secretary #g1bjj1jjj for each of fiscal years #bjad through #bjah to provide funds for fish habitat conservation projects approved under section #f7;f71 of which #e percent shall be made available for each fiscal year for projects carried out by ,indian tribes4 7#b7 ,national fish habitat conservation partnership program 7,a7 ,in general ,there is authorized to be appropriated to the ,secretary for each of fiscal years #bjad through #bjah for the ,national ,fish ,habitat ,conservation ,partnership ,program1 and to carry out section #aa1 an amount equal to #e percent of the amount appropriated for the applicable fiscal year pursuant to paragraph 7#a74 7,b7 ,required transfers ,the ,secretary shall annually transfer to other ,federal departments and agencies such percentage of the amounts made available pursuant to subparagraph 7,a7 as is required to support participation by those departments and agencies in the ,national ,fish ,habitat ,conservation ,partnership ,program pursuant to the interagency operational plan under section #g7;c74 7#c7 ,technical and scientific assistance ,there are authorized to be appropriated for each of fiscal years #bjad through #bjah to carry out1 and provide technical and scientific assistance under1 section #h-- 7,a7 #ejj1jjj to the ,secretary for use by the ,united ,states ,fish and ,wildlife ,service2 7,b7 #ejj1jjj to the ,assistant ,administrator for use by the ,national ,oceanic and ,atmospheric ,administration2 and 7,c7 #ejj1jjj to the ,secretary for use by the ,united ,states ,geological ,survey4 7#d7 ,planning and administrative expenses ,there is authorized to be appropriated to the ,secretary for each of fiscal years #bjad through #bjah for use by the ,board1 the ,director1 and the ,assistant ,administrator for planning and administrative expenses an amount equal to #c percent of the amount appropriated for the applicable fiscal year pursuant to paragraph 7#a74 7b7 ,agreements and grants ,the ,secretary may-- 7#a7 on the recommendation of the ,board1 and notwithstanding sections #fcjd and #fcje of title #ca1 ,united ,states ,code1 and the ,federal ,financial ,assistance ,management ,improvement ,act of #aiii 7#ca ,u4,s4,c4 #faja note2 ,public ,law #ajf-ajg71 enter into a grant agreement1 cooperative agreement1 or contract with a ,partnership or other entity for a fish habitat conservation project or restoration or enhancement project2 7#b7 apply for1 accept1 and use a grant from any individual or entity to carry out the purposes of this ,act2 and 7#c7 make funds available to any ,federal department or agency for use by that department or agency to provide grants for any fish habitat protection project1 restoration project1 or enhancement project that the ,secretary determines to be consistent with this ,act4 7c7 ,donations 7#a7 ,in general ,the ,secretary may-- 7,a7 enter into an agreement with any organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf that is exempt from taxation under section #eja7;a7 of that ,code to solicit private donations to carry out the purposes of this ,act2 and 7,b7 accept donations of funds1 property1 and services to carry out the purposes of this ,act4 7#b7 ,treatment ,a donation accepted under this section-- 7,a7 shall be considered to be a gift or bequest to1 or otherwise for the use of1 the ,united ,states2 and 7,b7 may be-- 7i7 used directly by the ,secretary2 or 7ii7 provided to another ,federal department or agency through an interagency agreement4 ,june #e1 #bjad,reported without amendment