,,ii #aafth ,,congress #ast ,session ,s4 #ged ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ab1 #bjai ,mr4 ,crapo 7for himself and ,mr4 ,cardin7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to encourage partnerships among public agencies and other interested parties to promote fish conservation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,national ,fish ,habitat ,conservation ,act of #bjai4 #b4 ,national fish habitat conservation through ,partnerships 7a7 ,purpose ,the purpose of this section is to encourage partnerships among public agencies and other interested parties 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 7b7 ,definitions ,in this section3 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 subsection 7c77#a77;,a74 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 the term 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 subsection 7d77#a74 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 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#aj7 ,state ,the term ,state means each of the several ,states4 7#aa7 ,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 or sustains the habitat for those fishery resources of the ,state pursuant to ,state law or the constitution of the ,state4 7c7 ,national ,fish ,habitat ,board 7#a7 ,establishment 7,a7 ,fish ,habitat ,board ,there is established a board1 to be known as the ,national ,fish ,habitat ,board1 whose duties are-- 7i7 to promote1 oversee1 and coordinate the implementation of this section2 7ii7 to establish national goals and priorities for fish habitat conservation2 7iii7 to recommend to ,congress entities for designation as ,partnerships2 and 7iv7 to review and make recommendations regarding fish habitat conservation projects4 7,b7 ,membership ,the ,board shall be composed of #be members1 of whom-- 7i7 #a shall be a representative of the ,department of the ,interior2 7ii7 #a shall be a representative of the ,united ,states ,geological ,survey2 7iii7 #a shall be a representative of the ,department of ,commerce2 7iv7 #a shall be a representative of the ,department of ,agriculture2 7v7 #a shall be a representative of the ,association of ,fish and ,wildlife ,agencies2 7vi7 #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 7vii7 #a shall be a representative of either-- 7,i7 ,indian tribes in the ,state of ,alaska2 or 7,,ii7 ,indian tribes in ,states other than the ,state of ,alaska2 7viii7 #a shall be a representative of either-- 7,i7 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 7,,ii7 a representative of the ,marine ,fisheries ,commissions1 which is composed of-- 7aa7 the ,atlantic ,states ,marine ,fisheries ,commission2 7bb7 the ,gulf ,states ,marine ,fisheries ,commission2 and 7cc7 the ,pacific ,states ,marine ,fisheries ,commission2 7ix7 #a shall be a representative of the ,sportfishing and ,boating ,partnership ,council2 7x7 #g shall be representatives selected from each of-- 7,i7 the recreational sportfishing industry2 7,,ii7 the commercial fishing industry2 7,,iii7 marine recreational anglers2 7,,iv7 freshwater recreational anglers2 7,v7 habitat conservation organizations2 and 7,,vi7 science-based fishery organizations2 7xi7 #a shall be a representative of a national private landowner organization2 7xii7 #a shall be a representative of an agricultural production organization2 7xiii7 #a shall be a representative of local government interests involved in fish habitat restoration2 7xiv7 #b shall be representatives from different sectors of corporate industries1 which may include-- 7,i7 natural resource commodity interests1 such as petroleum or mineral extraction2 7,,ii7 natural resource user industries2 and 7,,iii7 industries with an interest in fish and fish habitat conservation2 and 7xv7 #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 7#b7 ,appointment and terms 7,a7 ,in general ,except as otherwise provided in this subsection1 a member of the ,board described in any of clauses 7vi7 through 7xiv7 of paragraph 7#a77;,b7 shall serve for a term of #c years4 7,b7 ,initial ,board membership 7i7 ,in general ,the initial ,board will consist of representatives as described in clauses 7i7 through 7vi7 of paragraph 7#a77;,b74 7ii7 ,remaining members ,not later than #fj days after the date of enactment of this ,act1 the representatives of the initial ,board pursuant to clause 7i7 shall appoint the remaining members of the ,board described in clauses 7viii7 through 7xiv7 of paragraph 7#a77;,b74 7iii7 ,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 clause 7vii7 of paragraph 7#a77;,b74 7,c7 ,transitional terms ,of the members described in paragraph 7#a77;,b77x7 initially appointed to the ,board-- 7i7 #b shall be appointed for a term of #a year2 7ii7 #b shall be appointed for a term of #b years2 and 7iii7 #c shall be appointed for a term of #c years4 7,d7 ,vacancies 7i7 ,in general ,a vacancy of a member of the ,board described in any of clauses 7viii7 through 7xiv7 of paragraph 7#a77;,b7 shall be filled by an appointment made by the remaining members of the ,board4 7ii7 ,tribal representatives ,following a vacancy of a member of the ,board described in clause 7vii7 of paragraph 7#a77;,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 clauses 7viii7 through 7xiv7 of paragraph 7#a77;,b7 misses #c consecutive regularly scheduled ,board meetings1 the members of the ,board may-- 7i7 vote to remove that member2 and 7ii7 appoint another individual in accordance with subparagraph 7,d74 7#c7 ,chairperson 7,a7 ,in general ,the representative of the ,association of ,fish and ,wildlife ,agencies appointed pursuant to paragraph 7#a77;,b77v7 shall serve as ,chairperson of the ,board4 7,b7 ,term ,the ,chairperson of the ,board shall serve for a term of #c years4 7#d7 ,meetings 7,a7 ,in general ,the ,board shall meet-- 7i7 at the call of the ,chairperson2 but 7ii7 not less frequently than twice each calendar year4 7,b7 ,public access ,all meetings of the ,board shall be open to the public4 7#e7 ,procedures 7,a7 ,in general ,the ,board shall establish procedures to carry out the business of the ,board1 including-- 7i7 a requirement that a quorum of the members of the ,board be present to transact business2 7ii7 a requirement that no recommendations may be adopted by the ,board1 except by the vote of #b_/c of all members2 7iii7 procedures for establishing national goals and priorities for fish habitat conservation for the purposes of this section2 7iv7 procedures for designating ,partnerships under subsection 7d72 and 7v7 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 7d7 ,fish ,habitat ,partnerships 7#a7 ,authority to recommend ,the ,board may recommend to ,congress the designation of ,fish ,habitat ,partnerships in accordance with this subsection4 7#b7 ,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 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 7#c7 ,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-- 7i7 a focus on promoting the health of important fish and fish habitats2 7ii7 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 7iii7 a self-governance structure that supports the implementation of strategic priorities for fish habitat2 7iv7 the ability to develop local and regional relationships with a broad range of entities to further strategic priorities for fish and fish habitat2 7v7 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 7vi7 the ability to develop and implement fish habitat conservation projects that address strategic priorities of the ,partnership and the ,board2 and 7vii7 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 7#d7 ,requirements for recommendation to ,congress ,the ,board may recommend to ,congress for designation an application for a ,partnership submitted under paragraph 7#c77;,a7 if the ,board determines that the applicant-- 7,a7 meets the criteria described in paragraph 7#c77;,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-- 7i7 reflects the range of all partners2 and 7ii7 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 the decline 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 7#e7 ,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-- 7i7 identifies any entity that-- 7,i7 meets the requirements described in paragraph 7#d72 and 7,,ii7 the ,board recommends for designation as a ,partnership2 7ii7 describes any proposed modifications to a ,partnership previously designated by ,congress under paragraph 7#f72 7iii7 with respect to each entity recommended for designation as a ,partnership1 describes1 to the maximum extent practicable-- 7,i7 the purpose of the recommended ,partnership2 and 7,,ii7 how the recommended ,partnership fulfills the requirements described in paragraph 7#d74 7,b7 ,public availability2 notification ,the ,board shall-- 7i7 make the report publicly available1 including on the internet2 and 7ii7 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 7#f7 ,designation or modification of ,partnership ,congress shall have the sole authority to designate or modify a ,partnership4 7#g7 ,existing ,partnerships 7,a7 ,designation review ,not later than #e years after the date of enactment of this ,act1 any fish habitat partnership receiving ,federal funds as of the date of enactment of this ,act shall be subject to a designation review by ,congress in which ,congress shall have the opportunity to designate the partnership under paragraph 7#f74 7,b7 ,ineligibility for ,federal funds ,a partnership referred to in subparagraph 7,a7 that ,congress does not designate as described in that subparagraph shall be ineligible to receive ,federal funds under this section4 7e7 ,fish habitat conservation projects 7#a7 ,submission to ,board ,not later than ,march #ca of each calendar 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 section4 7#b7 ,recommendations by ,board ,not later than ,july #a of each calendar year1 the ,board shall submit to the ,secretary a priority list of fish habitat conservation projects that includes the description1 including estimated costs1 of each project that the ,board recommends that the ,secretary approve and fund under this section for the following fiscal year4 7#c7 ,criteria for project selection ,the ,board shall select each fish habitat conservation project to be recommended to the ,secretary under paragraph 7#b7 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-- 7i7 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 section2 7ii7 addresses the national priorities established by the ,board2 7iii7 is supported by the findings of the ,habitat ,assessment of the ,partnership or the ,board1 and aligns or is compatible with other conservation plans2 7iv7 identifies appropriate monitoring and evaluation measures and criteria that are compatible with national measures2 7v7 provides a well-defined budget linked to deliverables and outcomes2 7vi7 leverages other funds to implement the project2 7vii7 addresses the causes and processes behind the decline of fish or fish habitats2 and 7viii7 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 paragraph 7#e74 7,e7 ,the extent to which the local or regional fish habitat conservation project-- 7i7 will increase fish populations in a manner that leads to 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 of greatest conservation need2 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 seq47 and other relevant ,federal law and ,state wildlife action plans2 and 7vi7 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 7#d7 ,limitations 7,a7 ,requirements for evaluation ,no fish habitat conservation project may be recommended by the ,board under paragraph 7#b7 or provided financial assistance under this section unless the fish habitat conservation project includes an evaluation plan designed using applicable ,board guidance-- 7i7 to appropriately assess the biological1 ecological1 or other results of the habitat protection1 restoration1 or enhancement activities carried out using the assistance2 7ii7 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 7iii7 to identify improvements to existing fish populations1 recreational fishing opportunities and the overall economic benefits for the local community of the fish habitat conservation project2 and 7iv7 to require the submission to the ,board of a report describing the findings of the assessment4 7,b7 ,acquisition authorities 7i7 ,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 section if the acquisition ensures #a of-- 7,i7 public access for compatible fish and wildlife-dependent recreation2 or 7,,ii7 a scientifically based1 direct enhancement to the health of fish and fish populations1 as determined by the ,board4 7ii7 ,state agency approval 7,i7 ,in general ,all real property interest acquisition projects funded under this section are required to be approved by the ,state agency in the ,state in which the project is occurring4 7,,ii7 ,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 7iii7 ,assessment of other authorities ,the ,fish ,habitat ,partnership shall conduct 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 7iv7 ,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 entity1 unless-- 7,i7 the owner of the real property authorizes the ,state1 local government1 or other non-,federal entity to acquire the real property2 and 7,,ii7 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 7#e7 ,non-,federal ,contributions 7,a7 ,in general ,except as provided in subparagraph 7,b71 no fish habitat conservation project may be recommended by the ,board under paragraph 7#b7 or provided financial assistance under this section 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 ,the non-,federal share of the cost of a fish habitat conservation project-- 7i7 may not be derived from another ,federal grant program2 but 7ii7 may include in-kind contributions and cash4 7,c7 ,special rule for ,indian tribes ,notwithstanding subparagraph 7,a7 or any other provision of law1 any funds made available to an ,indian tribe pursuant to this section may be considered to be non-,federal funds for the purpose of subparagraph 7,a74 7#f7 ,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 paragraph 7#b71 subject to the limitations of paragraph 7#d71 and based1 to the maximum extent practicable1 on the criteria described in paragraph 7#c71 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 subparagraph 7,a71 the ,secretary shall use amounts made available to carry out this section to provide funds to carry out the fish habitat conservation project4 7,c7 ,notification ,if the ,secretary rejects any fish habitat conservation project recommended by the ,board under paragraph 7#b71 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 7f7 ,technical and scientific assistance 7#a7 ,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 the ,partnerships1 participants in fish habitat conservation projects1 and the ,board4 7#b7 ,inclusions ,scientific and technical assistance provided pursuant to paragraph 7#a7 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 7g7 ,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 section1 including notification1 by not later than #cj days before the date on which the activity is implemented4 7h7 ,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 7including 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 section2 and 7#b7 any interagency agreements between or among ,federal departments and agencies to address those needs4 7i7 ,accountability and reporting 7#a7 ,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 section4 7,b7 ,contents ,each report submitted under subparagraph 7,a7 shall include-- 7i7 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 of ,federal1 ,state1 or local governments1 ,indian tribes1 or other entities in the ,united ,states during the #e-year period ending on the date of submission of the report2 7ii7 a description of the public access to fish habitats established or improved during that #e-year period2 7iii7 a description of the improved opportunities for public recreational fishing2 and 7iv7 an assessment of the status of fish habitat conservation projects carried out with funds provided under this section during that period1 disaggregated by year1 including-- 7,i7 a description of the fish habitat conservation projects recommended by the ,board under subsection 7e77#b72 7,,ii7 a description of each fish habitat conservation project approved by the ,secretary under subsection 7e77#f71 in order of priority for funding2 7,,iii7 a justification for-- 7aa7 the approval of each fish habitat conservation project2 and 7bb7 the order of priority for funding of each fish habitat conservation project2 7,,iv7 a justification for any rejection of a fish habitat conservation project recommended by the ,board under subsection 7e77#b7 that was based on a factor other than the criteria described in subsection 7e77#c72 and 7,v7 an accounting of expenditures by ,federal1 ,state1 or local governments1 ,indian tribes1 or other entities to carry out fish habitat conservation projects4 7#b7 ,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 section2 7,b7 a description of the status of fish habitats in the ,united ,states as identified by established ,partnerships2 and 7,c7 enhancements or reductions in public access as a result of-- 7i7 the activities of the ,partnerships2 or 7ii7 any other activities carried out pursuant to this section4 7j7 ,effect of section 7#a7 ,water rights ,nothing in this section-- 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 7#b7 ,authority to acquire water rights or rights to property ,under this section1 only a ,state1 local government1 or other non-,federal entity may acquire1 under ,state law1 water rights or rights to property4 7#c7 ,state authority ,nothing in this section-- 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 7#d7 ,effect on ,indian tribes ,nothing in this section 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 7#e7 ,adjudication of water rights ,nothing in this section diminishes or affects the ability of the ,secretary to join an adjudication of rights to the use of water pursuant to subsection 7a71 7b71 or 7c7 of section #bjh of the ,department of ,justice ,appropriation ,act1 #aiec 7#dc ,u4,s4,c4 #fff74 7#f7 ,department of ,commerce authority ,nothing in this section 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 7#g7 ,effect on other authorities 7,a7 ,private property protection ,nothing in this section permits the use of funds made available to carry out this section to acquire real property or a real property interest without the written consent of each owner of the real property or real property interest4 7,b7 ,mitigation ,nothing in this section permits the use of funds made available to carry out this section for fish and wildlife mitigation purposes under-- 7i7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7ii7 the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa et seq472 7iii7 the ,water ,resources ,development ,act of #aihf 7,public ,law #ii-ffb2 #ajj ,stat4 #djhb72 or 7iv7 any other ,federal law or court settlement4 7,c7 ,clean ,water ,act ,nothing in this section affects any provision of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 including any definition in that ,act4 7k7 ,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 7l7 ,funding 7#a7 ,authorization of appropriations 7,a7 ,fish habitat conservation projects ,there is authorized to be appropriated to the ,secretary #g1bjj1jjj for each of fiscal years #bjbj through #bjbd to provide funds for fish habitat conservation projects approved under subsection 7e77#f71 of which #e percent shall be made available for each fiscal year 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 #bjbj through #bjbd an amount equal to #e percent of the amount appropriated for the applicable fiscal year pursuant to subparagraph 7,a7-- 7i7 for administrative and planning expenses2 and 7ii7 to carry out subsection 7i74 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 subsection 7f7-- 7i7 #djj1jjj to the ,secretary for use by the ,united ,states ,fish and ,wildlife ,service2 7ii7 #djj1jjj to the ,,noaa ,assistant ,administrator for use by the ,national ,oceanic and ,atmospheric ,administration2 7iii7 #djj1jjj to the ,,epa ,assistant ,administrator for use by the ,environmental ,protection ,agency2 7iv7 #djj1jjj to the ,secretary for use by the ,united ,states ,geological ,survey2 and 7v7 #djj1jjj to the ,secretary of ,agriculture for use by the ,forest ,service4 7#b7 ,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 section2 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 section4 7#c7 ,donations 7,a7 ,in general ,the ,secretary may-- 7i7 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 section2 and 7ii7 accept donations of funds1 property1 and services to carry out the purposes of this section4 7,b7 ,treatment ,a donation accepted under this section-- 7i7 shall be considered to be a gift or bequest to1 or otherwise for the use of1 the ,united ,states2 and 7ii7 may be-- 7,i7 used directly by the ,secretary2 or 7,,ii7 provided to another ,federal department or agency through an interagency agreement4 7m7 ,prohibition against implementation of regulatory authority by ,federal agencies ,any ,partnership designated under this section-- 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