,,ib ,union ,calendar ,no4 #bee #aafth ,,congress #ast ,session ,h4 ,r4 #agdg ,report ,no4 #aaf-cad ,,in ,,the ,,house ,,of ,,representatives ,march #ac1 #bjai ,mr4 ,wittman 7for himself and ,mr4 ,veasey7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,november #bf1 #bjai ,additional sponsors3 ,mr4 ,case1 ,ms4 ,lofgren1 ,mr4 ,cartwright1 ,miss ,gonzlez-,coln of ,puerto ,rico1 ,mrs4 ,luria1 and ,mr4 ,kind ,november #bf1 #bjai ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,march #ac1 #bjai ,a ,,bill ,to encourage partnerships among public agencies and other interested persons to promote fish conservation4 #a4 ,short title ,this ,act may be cited as the ,national ,fish ,habitat ,conservation ,through ,partnerships ,act4 #b4 ,purpose ,the purpose of this ,act is to encourage partnerships among public agencies and other interested persons to promote fish conservation-- 7#a7 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-- 7,a7 improving ecological conditions2 7,b7 restoring natural processes2 or 7,c7 preventing the decline of intact and healthy systems2 7#b7 to establish a consensus set of national conservation strategies as a framework to guide future actions and investment by ,fish ,habitat ,partnerships2 7#c7 to broaden the community of support for fish habitat conservation by-- 7,a7 increasing fishing opportunities2 7,b7 fostering the participation of local communities1 especially young people in local communities1 in conservation activities2 and 7,c7 raising public awareness of the role healthy fish habitat play in the quality of life and economic well-being of local communities2 7#d7 to fill gaps in the ,national ,fish ,habitat ,assessment and the associated database of the ,national ,fish ,habitat ,assessment-- 7,a7 to empower strategic conservation actions supported by broadly available scientific information2 and 7,b7 to integrate socioeconomic data in the analysis to improve the lives of humans in a manner consistent with fish habitat conservation goals2 and 7#e7 to communicate to the public and conservation partners-- 7,a7 the conservation outcomes produced collectively by ,fish ,habitat ,partnerships2 and 7,b7 new opportunities and voluntary approaches for conserving fish habitat4 #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 ,board ,the term ,board means the ,national ,fish ,habitat ,board established by section #d4 7#c7 ,director ,the term ,director means the ,director of the ,united ,states ,fish and ,wildlife ,service4 7#d7 ,,epa ,assistant ,administrator ,the term ,,epa ,assistant ,administrator means the ,assistant ,administrator for ,water of the ,environmental ,protection ,agency4 7#e7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given to the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#f7 ,,noaa ,assistant ,administrator ,the term ,,noaa ,assistant ,administrator means the ,assistant ,administrator for ,fisheries of the ,national ,oceanic and ,atmospheric ,administration4 7#g7 ,partnership ,the term ,partnership means a self-governed entity designated by ,congress as a ,fish ,habitat ,partnership under subsection 7d77#f7 after a recommendation by the ,board under section #e4 7#h7 ,real property interest ,the term real property interest means an ownership interest in-- 7,a7 land2 or 7,b7 water 7including water rights74 7#i7 ,marine ,fisheries ,commissions ,the term ,marine ,fisheries ,commissions means-- 7,a7 ,the ,atlantic ,states ,marine ,fisheries ,commission2 7,b7 the ,gulf ,states ,marine ,fisheries ,commission2 and 7,c7 the ,pacific ,states ,marine ,commission4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#aa7 ,state ,the term ,state means each of the several ,states1 ,puerto ,rico1 ,american ,samoa1 ,guam1 the ,northern ,mariana ,islands1 the ,united ,states ,virgin ,islands1 and the ,district of ,columbia4 7#ab7 ,state agency ,the term ,state agency means-- 7,a7 the fish and wildlife agency of a ,state2 and 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 of the ,state or sustains the habitat for those fishery resources pursuant to ,state law or the constitution of the ,state4 #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 ,act2 7,b7 to establish national goals and priorities for fish habitat conservation2 7,c7 to recommend to ,congress entities for designation as ,partnerships2 and 7,d7 to review and make recommendations regarding fish habitat conservation projects4 7#b7 ,membership ,the ,board shall be composed of #be members1 of whom-- 7,a7 #a shall be a representative of the ,department of the ,interior2 7,b7 #a shall be a representative of the ,united ,states ,geological ,survey2 7,c7 #a shall be a representative of the ,department of ,commerce2 7,d7 #a shall be a representative of the ,department of ,agriculture2 7,e7 #a shall be a representative of the ,association of ,fish and ,wildlife ,agencies2 7,f7 #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,g7 #a shall be a representative of either-- 7i7 ,indian ,tribes in the ,state of ,alaska2 or 7ii7 ,indian ,tribes in ,states other than the ,state of ,alaska2 7,h7 #a shall be a representative of either-- 7i7 the ,regional ,fishery ,management ,councils established under section #cjb of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb72 or 7ii7 a representative of the ,marine ,fisheries ,commissions2 7,i7 #a shall be a representative of the ,sportfishing and ,boating ,partnership ,council2 7,j7 #g shall be representatives selected from at least one from each of the following3 7i7 the recreational sportfishing industry2 7ii7 the commercial fishing industry2 7iii7 marine recreational anglers2 7iv7 freshwater recreational anglers2 7v7 habitat conservation organizations2 and 7vi7 science-based fishery organizations2 7,k7 #a shall be a representative of a national private landowner organization2 7,l7 #a shall be a representative of an agricultural production organization2 7,m7 #a shall be a representative of local government interests involved in fish habitat restoration2 7,n7 #b shall be representatives from different sectors of corporate industries1 which may include-- 7i7 natural resource commodity interests1 such as petroleum or mineral extraction2 7ii7 natural resource user industries2 and 7iii7 industries with an interest in fish and fish habitat conservation2 and 7,o7 #a shall be a leadership private sector or landowner representative of an active partnership4 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 section1 a member of the ,board described in any of subparagraphs 7,f7 through 7,o7 of subsection 7a77#b7 shall serve for a term of #c years4 7#b7 ,initial board membership 7,a7 ,in general ,the initial ,board shall consist of representatives as described in subparagraphs 7,a7 through 7,f7 of subsection 7a77#b74 7,b7 ,remaining members ,not later than #fj days after the date of enactment of this ,act1 the representatives of the initial ,board under subparagraph 7,a7 shall appoint the remaining members of the ,board described in subparagraphs 7,h7 through 7,o7 of subsection 7a77#b74 7,c7 ,tribal representatives ,not later than #fj days after the enactment of this ,act1 the ,secretary shall provide to the ,board a recommendation of not fewer than #c ,tribal representatives1 from which the ,board shall appoint #a representative pursuant to subparagraph 7,g7 of subsection 7a77#b74 7#c7 ,staggered terms ,of the members described in subsection 7a77#b77;,j7 initially appointed to the ,board-- 7,a7 #b shall be appointed for a term of #a year2 7,b7 #b 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 subparagraph 7,h71 7,i71 7,j71 7,k71 7,l71 7,m71 7,n71 or 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,g7 of subsection 7a77#b71 the ,secretary shall recommend to the ,board a list of not fewer than #c ,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 subparagraph 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 representative of the ,association of ,fish and ,wildlife ,agencies appointed under subsection 7a77#b77;,e7 shall 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 #bc 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 recommend ,the ,board may recommend to ,congress the designation of ,fish ,habitat ,partnerships in accordance with this section4 7b7 ,purposes ,the purposes of a ,partnership shall be-- 7#a7 to work with other regional habitat conservation programs to promote cooperation and coordination to enhance fish populations and fish habitats2 7#b7 to engage local and regional communities to build support for fish habitat conservation2 7#c7 to involve diverse groups of public and private partners2 7#d7 to develop collaboratively a strategic vision and achievable implementation plan that is scientifically sound2 7#e7 to leverage funding from sources that support local and regional partnerships2 7#f7 to use adaptive management principles1 including evaluation of project success and functionality2 7#g7 to develop appropriate local or regional habitat evaluation and assessment measures and criteria that are compatible with national habitat condition measures2 and 7#h7 to implement local and regional priority projects that improve conditions for fish and fish habitat4 7c7 ,criteria for designation ,an entity seeking to be designated by ,congress as a ,partnership shall-- 7#a7 submit to the ,board an application at such time1 in such manner1 and containing such information as the ,board may reasonably require2 and 7#b7 demonstrate to the ,board that the entity has-- 7,a7 a focus on promoting the health of important fish and fish habitats2 7,b7 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 boundary2 7,c7 a self-governance structure that supports the implementation of strategic priorities for fish habitat2 7,d7 the ability to develop local and regional relationships with a broad range of entities to further strategic priorities for fish and fish habitat2 7,e7 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 ,board2 7,f7 the ability to develop and implement fish habitat conservation projects that address strategic priorities of the ,partnership and the ,board2 and 7,g7 the ability to develop fish habitat conservation priorities based on sound science and data1 the ability to measure the effectiveness of fish habitat projects of the ,partnership1 and a clear plan as to how ,partnership science and data components will be integrated with the overall ,board science and data effort4 7d7 ,requirements for recommendation to ,congress ,the ,board may recommend to ,congress for designation an application for a ,partnership submitted under subsection 7c7 if the ,board determines that the applicant-- 7#a7 meets the criteria described in subsection 7c77#b72 7#b7 identifies representatives to provide support and technical assistance to the ,partnership from a diverse group of public and private partners1 which may include ,state 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#c7 is organized to promote the health of important fish species and important fish habitats1 including reservoirs1 natural lakes1 coastal and marine environments1 and estuaries2 7#d7 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 making2 7#e7 is able to address issues and priorities on a nationally significant scale2 7#f7 includes a governance structure that-- 7,a7 reflects the range of all partners2 and 7,b7 promotes joint strategic planning and decision making by the applicant2 7#g7 demonstrates completion of1 or significant progress toward the development of1 a strategic plan to address declines in fish populations1 rather than simply treating symptoms1 in accordance with the goals and national priorities established by the ,board2 and 7#h7 promotes collaboration in developing a strategic vision and implementation program that is scientifically sound and achievable4 7e7 ,report to ,congress 7#a7 ,in general ,not later than ,february #a of the first fiscal year beginning after the date of enactment of this ,act and each ,february #a thereafter1 the ,board shall develop and submit to the appropriate congressional committees an annual report1 to be entitled ,report to ,congress on ,future ,fish ,habitat ,partnerships and ,modifications1 that-- 7,a7 identifies each entity that-- 7i7 meets the requirements described in subsection 7d72 and 7ii7 the ,board recommends to ,congress for designation as a ,partnership2 7,b7 describes any proposed modifications to a ,partnership previously designated by ,congress under subsection 7f72 7,c7 with respect to each entity recommended for designation as a ,partnership1 describes1 to the maximum extent practicable-- 7i7 the purpose of the recommended ,partnership2 and 7ii7 how the recommended ,partnership fulfills the requirements described in subsection 7d74 7#b7 ,public availability2 notification ,the ,board shall-- 7,a7 make the report publicly available1 including on the internet2 and 7,b7 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 report4 7f7 ,designation or modification of ,partnership ,congress shall have the exclusive authority to designate or modify a ,partnership4 7g7 ,existing ,partnerships 7#a7 ,designation review ,not later than #e years after the date of enactment of this ,act1 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 7f74 7#b7 ,ineligibility for ,federal funds ,a partnership referred to in paragraph 7#a7 that ,congress does not designate as described in that paragraph shall be ineligible to receive ,federal funds under this ,act4 #f4 ,fish ,habitat ,conservation ,projects 7a7 ,submission to ,board ,not later than ,march #ca of each year1 each ,partnership shall submit to the ,board a list of priority 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 year1 the ,board shall submit to the ,secretary a priority list of fish habitat conservation projects that includes a description1 including estimated costs1 of each project that the ,board recommends that the ,secretary approve and fund under this ,act for the following fiscal year4 7c7 ,criteria for project selection ,the ,board shall select each fish habitat conservation project recommended to the ,secretary under subsection 7b7 after taking into consideration1 at a minimum1 the following information3 7#a7 ,a recommendation of the ,partnership that is1 or will be1 participating actively in implementing the fish habitat conservation project4 7#b7 ,the capabilities and experience of project proponents to implement successfully the proposed project4 7#c7 ,the extent to which the fish habitat conservation project-- 7,a7 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 ,act2 7,b7 addresses the national priorities established by the ,board2 7,c7 is supported by the findings of the habitat assessment of the ,partnership or the ,board1 and aligns or is compatible with other conservation plans2 7,d7 identifies appropriate monitoring and evaluation measures and criteria that are compatible with national measures2 7,e7 provides a well-defined budget linked to deliverables and outcomes2 7,f7 leverages other funds to implement the project2 7,g7 addresses the causes and processes behind the decline of fish or fish habitats2 and 7,h7 includes an outreach or education component that includes the local or regional community4 7#d7 ,the availability of sufficient non-,federal funds to match ,federal contributions for the fish habitat conservation project1 as required by subsection 7e74 7#e7 ,the extent to which the fish habitat conservation project-- 7,a7 will increase fish populations in a manner that leads to recreational fishing opportunities for the public2 7,b7 will be carried out through a cooperative agreement among ,federal1 ,state1 and local governments1 ,indian ,tribes1 and private entities2 7,c7 increases public access to land or water for fish and wildlife-dependent recreational opportunities2 7,d7 advances the conservation of fish and wildlife species that have been identified by a ,state agency as species of greatest conservation need2 7,e7 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 seq47 and other relevant ,federal law and ,state wildlife action plans2 and 7,f7 promotes strong and healthy fish habitats so that desired biological communities are able to persist and adapt4 7#f7 ,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 using applicable ,board guidance-- 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 fish populations1 recreational fishing opportunities1 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 authorities 7,a7 ,in general ,a ,state1 local government1 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-- 7i7 public access for fish and wildlife-dependent recreation2 or 7ii7 a scientifically based1 direct enhancement to the health of fish and fish populations1 as determined by the ,board4 7,b7 ,state agency approval 7i7 ,in general ,all real property interest acquisition projects funded under this ,act must be approved by the ,state agency in the ,state in which the project is occurring4 7ii7 ,prohibition ,the ,board may not recommend1 and the ,secretary may not provide any funding for1 any real property interest acquisition that has not been approved by the ,state agency4 7,c7 ,assessment of other authorities ,the ,board may not recommend1 and the ,secretary may not provide any funding under this ,act for1 any real property interest acquisition unless the ,partnership that recommended the project has conducted a project assessment1 submitted with the funding request and approved by the ,board1 to demonstrate all other ,federal1 ,state1 and local authorities for the acquisition of real property have been exhausted4 7,d7 ,restrictions ,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 conducted with funds provided under this ,act1 unless-- 7i7 the owner of the real property authorizes the ,state1 local government1 or other non-,federal entity to acquire the real property2 and 7ii7 the ,secretary and the ,board determine that the ,state1 local government1 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 ,partnership4 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 ,non-,federal share ,such non-,federal share of the cost of a fish habitat conservation project-- 7,a7 may not be derived from another ,federal grant program2 and 7,b7 may include in-kind contributions and cash4 7#c7 ,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 #ij days after the date of receipt of the recommended priority list of fish habitat conservation projects under subsection 7b71 and subject to subsection 7d7 and based1 to the maximum extent practicable1 on the criteria described in subsection 7c71 the ,secretary1 after consulting with the ,secretary of ,commerce on marine or estuarine projects1 shall approve or reject any fish habitat conservation project recommended by the ,board4 7#b7 ,funding ,if the ,secretary approves a fish habitat conservation project under paragraph 7#a71 the ,secretary 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 ,secretary rejects under paragraph 7#a7 any fish habitat conservation project recommended by the ,board1 not later than #ij days after the date of receipt of the recommendation1 the ,secretary shall provide to the ,board1 the appropriate ,partnership1 and the appropriate congressional committees a written statement of the reasons that the ,secretary rejected the fish habitat conservation project4 #g4 ,technical and scientific assistance 7a7 ,in general ,the ,director1 the ,,noaa ,assistant ,administrator1 the ,,epa ,assistant ,administrator1 and the ,director of the ,united ,states ,geological ,survey1 in coordination with the ,forest ,service and other appropriate ,federal departments and agencies1 may provide scientific and technical assistance to ,partnerships1 participants in fish habitat conservation projects1 and the ,board4 7b7 ,inclusions ,scientific and technical assistance provided under 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 assist in conducting 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 #h4 ,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 #i4 ,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 ,,noaa ,assistant ,administrator1 the ,,epa ,assistant ,administrator1 the ,director of the ,united ,states ,geological ,survey1 and the heads of other appropriate ,federal departments and agencies 7including1 at a minimum1 those agencies represented on the ,board7 shall develop an interagency operational plan that describes-- 7#a7 the functional1 operational1 technical1 scientific1 and general staff1 administrative1 and material needs for the implementation of this ,act2 and 7#b7 any interagency agreements between or among ,federal departments and agencies to address those needs4 #aj4 ,accountability and reporting 7a7 ,reporting 7#a7 ,in general ,not later than #e years after the date of enactment of this ,act1 and every #e years thereafter1 the ,board shall submit to the appropriate congressional committees a report describing the progress of this ,act4 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-feet1 or other suitable measures of fish habitat1 that was maintained or improved by ,partnerships under this ,act during the #e-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 this ,act during that #e-year period2 7,c7 a description of the improved opportunities for public recreational fishing achieved under this ,act2 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 of a 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 projects under this ,act4 7b7 ,status and trends report ,not later than ,december #ca1 #bjbj1 and every #e years thereafter1 the ,board shall submit to the appropriate congressional committees a report that includes-- 7#a7 a status of all ,partnerships designated under this ,act2 7#b7 a description of the status of fish habitats in the ,united ,states as identified by designated ,partnerships2 and 7#c7 enhancements or reductions in public access as a result of-- 7,a7 the activities of the ,partnerships2 or 7,b7 any other activities carried out pursuant to this ,act4 #aa4 ,effect of the ,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 the ,act regarding water quality or water quantity4 7b7 ,authority ,to acquire water rights or rights to property ,only a ,state1 local government1 or other non-,federal entity may acquire1 under ,state law1 water rights or rights to property with funds made available through section #ac4 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 ,departments of ,state1 ,justice1 ,commerce1 and ,the ,judiciary ,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 interest1 respectively4 7#b7 ,mitigation ,nothing in this ,act authorizes 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 any provision of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 including any definition in that ,act4 #ab4 ,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 #ac4 ,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 #bjai through #bjbc to provide funds for fish habitat conservation projects approved under section #f7;f71 of which #e percent is authorized only for projects carried out by ,indian ,tribes4 7#b7 ,administrative and planning expenses ,there is authorized to be appropriated to the ,secretary for each of fiscal years #bjai through #bjbc an amount equal to #e percent of the amount appropriated for the applicable fiscal year pursuant to paragraph 7#a7-- 7,a7 for administrative and planning expenses under this ,act2 and 7,b7 to carry out section #aj4 7#c7 ,technical and scientific assistance ,there is authorized to be appropriated for each of fiscal years #bjbj through #bjbd to carry out1 and provide technical and scientific assistance under1 section #g-- 7,a7 #djj1jjj to the ,secretary for use by the ,united ,states ,fish and ,wildlife ,service2 7,b7 #djj1jjj to the ,,noaa ,assistant ,administrator for use by the ,national ,oceanic and ,atmospheric ,administration2 7,c7 #djj1jjj to the ,,epa ,assistant ,administrator for use by the ,environmental ,protection ,agency2 7,d7 #djj1jjj to the ,secretary for use by the ,united ,states ,geological ,survey2 and 7,e7 #djj1jjj to the ,chief of the ,forest ,service for use by the ,united ,states ,department of ,agriculture ,forest ,service4 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 to provide funds authorized by this ,act for a fish habitat conservation project or restoration or enhancement project2 7#b7 apply for1 accept1 and1 subject to the availability of appropriations1 use a grant from any individual or entity to carry out the purposes of this ,act2 and 7#c7 subject to the availability of appropriations1 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 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 ,act-- 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 #ad4 ,prohibition against implementation of regulatory authority by ,federal agencies through ,partnerships ,any ,partnership designated under this ,act-- 7#a7 shall be for the sole purpose of promoting fish conservation2 and 7#b7 shall not be used to implement any regulatory authority of any ,federal agency4 ,november #bf1 #bjai ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed