,i #aagth ,,congress #b;d ,session ,h4 ,r4 #fdia ,,in ,,the ,,house ,,of ,,representatives ,january #be1 #bjbb,mr4 ,huffman 7for himself1 ,ms4 ,bonamici1 ,mr4 ,cleaver1 ,mr4 ,thompson of ,california1 and ,mr4 ,lowenthal7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committees on ,agriculture1 and ,foreign ,affairs1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to require the identification of salmon conservation areas and salmon strongholds1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,salmon ,focused ,investments in ,sustainable ,habitats ,act or the ,salmon ,,fish ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,pacific and ,atlantic salmon are important for food1 culture1 ecology1 and the economy4 7#b7 ,salmon are especially important to ,indian tribes1 many of which consider salmon to be sacred and central to their culture1 ceremonies1 and subsistence4 7#c7 ,such ,indian tribes have significant leadership and expertise with respect to salmon4 #c4 ,definitions ,in this ,act3 7#a7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d7;e7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7;e774 7#b7 ,salmon ,the term salmon means any of the wild anadromous ,oncorhynchus species that occur in the ,western ,united ,states1 including-- 7,a7 ,atlantic salmon 7,salmo salar72 7,b7 chum salmon 7,oncorhynchus keta72 7,c7 pink salmon 7,oncorhynchus gorbuscha72 7,d7 sockeye salmon 7,oncorhynchus nerka72 7,e7 chinook salmon 7,oncorhynchus tshawytscha72 7,f7 coho salmon 7,oncorhynchus kisutch72 and 7,g7 steelhead trout 7,oncorhynchus mykiss74 7#c7 ,salmon conservation area ,the term salmon conservation area means a watershed1 a portion of a watershed1 mutliple watersheds1 or other defined spatial unit that-- 7,a7 is identified as a salmon conservation area under section #d7;b72 7,b7 at the time of the identification described in subparagraph 7,a71 meets the biological criteria 7as identified by the ,administrator of the ,national ,oceanic and ,atmospheric ,administration and the ,director of the ,fish and ,wildlife ,service in coordination with the relevant ,federal agency with jurisdiction over such salmon conservation area7 for abundance1 productivity1 diversity 7genetic and life history71 habitat quality1 or other biological attributes important to sustaining viable populations of salmon throughout the range of such salmon2 and 7,c7 is regionally significant for the conservation of salmon4 7#d7 ,salmon stronghold ,the term salmon stronghold means a salmon conservation area that-- 7,a7 is identified as a salmon conservation area under section #d7;b72 and 7,b7 at the time of the identification described in subparagraph 7,a71 has-- 7i7 relatively high anadromous salmonid abundance1 productivity1 and diversity 7life history and run timing71 as well as habitat quality or other biological attributes important to sustaining viable populations of wild salmon throughout the range of such salmon2 7ii7 populations of salmon that are strong and diverse2 and 7iii7 salmon habitats that have a high intrinsic potential to support a particular species or suite of species4 7#e7 ,relevant ,federal ageny ,the term relevant ,federal agency means-- 7,a7 the ,forest ,service2 7,b7 the ,bureau of ,land ,management2 7,c7 the ,national ,park ,service2 and 7,d7 the ,bureau of ,indian ,affairs4 #d4 ,identification of salmon conservation areas and salmon strongholds 7a7 ,guidance ,not later than #abj days after the date of the enactment of this ,act1 the ,administrator of the ,national ,oceanic and ,atmospheric ,administration and the ,director of the ,fish and ,wildlife ,service shall jointly issue guidance on the process and biological criteria required to identify salmon conservation areas and salmon strongholds4 7b7 ,publication 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,administrator of the ,national ,oceanic and ,atmospheric ,administration and the ,director of the ,fish and ,wildlife ,service1 in cooperation with relevant ,federal agencies shall publish a list of salmon conservation areas and salmon strongholds4 7#b7 ,revision ,the ,administrator of the ,national ,oceanic and ,atmospheric ,administration and the ,director of the ,fish and ,wildlife ,service1 in cooperation with each relevant ,federal agency shall not less frequently than once every #e years after the date of the enactment of this ,act1 revise the list under paragraph 7#a7-- 7,a7 to add subsequently identified salmon conservation areas and salmon strongholds in accordance with subsection 7d72 and 7,b7 to remove from such list any areas that no longer qualify as salmon conservation areas or salmon strongholds4 7c7 ,consultation ,in identifying salmon conservation areas and salmon strongholds under subsection 7b71 the ,administrator of the ,national ,oceanic and ,atmospheric ,administration and the ,director of the ,fish and ,wildlife ,service1 in cooperation with each relevant ,federal agency-- 7#a7 shall consult with-- 7,a7 the ,state in which such a salmon conservation area or salmon stronghold under consideration are located2 and 7,b7 ,indian tribes that have land1 fishing rights1 or cultural ties to the area in which the salmon conservation area or salmon strongholds will be prospectively located2 and 7#b7 may consult with-- 7,a7 nongovernmental organizations2 7,b7 non-,federal scientists2 and 7,c7 members of the public4 7d7 ,subsequent identification and revision 7#a7 ,in general ,not later than #ij days after the date described in subsection 7b77#a71 an entity described in paragraph 7#a7 or paragraph 7#b7 subsection 7c7 may nominate to the ,administrator of the ,national ,oceanic and ,atmospheric ,administration and the ,director of the ,fish and ,wildlife ,service a salmon conservation area or salmon stronghold for identification under subsection 7b74 7#b7 ,review ,in the case of a nomination described in paragraph 7#a71 not later than #ahj days after receiving such nomination1 the ,administrator of the ,national ,oceanic and ,atmospheric ,administration and the ,director of the ,fish and ,wildlife ,service shall jointly determine if the nominated watershed is a salmon conservation area or salmon stronghold and provide to the entity that provided the nomination under paragraph 7#a7 a written explanation with respect to such determination4 7e7 ,watershed management and restoration identification ,the ,administrator of the ,national ,oceanic and ,atmospheric ,administration and the ,director of the ,fish and ,wildlife ,service1 in cooperation with the ,secretary of ,agriculture shall use watershed evaluations conducted under the ,watershed ,condition ,framework under section #cjd of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #fedc7 and other relevant watershed analyses to support the identification of salmon conservation areas and salmon strongholds under this section4 7f7 ,essential fish habitat ,the ,administrator of the ,national ,oceanic and ,atmospheric ,administration and the ,director of the ,fish and ,wildlife ,service shall use the analyses conducted by the ,administrator under section #cje7;b7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahee7;b77 to identify1 map1 and designate essential fish habitat to support the identification of salmon conservation areas and salmon strongholds under this section4 #e4 ,effect of identification 7a7 ,priority for forest road decommissioning ,the ,secretary of ,agriculture-- 7#a7 shall give priority to forest road decommissioning 7as defined in section #bab4a of title #cf1 ,code of ,federal ,regulations7 and fish passage projects within or directly affecting a salmon conservation area or salmon stronghold2 and 7#b7 may not carry out the forest road decommissioning or fish passage projects described in paragraph 7#a7 unless the ,secretary of ,agriculture has1 with respect to ensuring that the habitats of salmon conservation areas and salmon strongholds are not degraded1 consulted with the-- 7,a7 entities described in paragraphs 7#a7 and 7#b7 of section #d7;c72 7,b7 ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 acting through the ,administrator of the ,national ,marine ,fisheries ,service2 and 7,c7 ,director of the ,fish and ,wildlife ,service2 7b7 ,transboundary pollution 7#a7 ,notification of ,secretary of ,state ,if any salmon conservation area or salmon stronghold is determined by a ,federal agency to be negatively impacted by transboundary pollution or other international actions originating in ,canada1 the head of the ,federal agency shall notify the ,secretary of ,state4 7#b7 ,action required ,not later than #cj days after receiving a notification under paragraph 7#a71 the ,secretary of ,state shall consult with representatives from ,canada to resolve the issue for which the ,secretary of ,state was notified under such paragraph4 7#c7 ,referral to ,international ,joint ,commission ,if the issue for which the ,secretary of ,state was notified under paragraph 7#a7 is not resolved on a date that is #f months after the date of notification under such paragraph-- 7,a7 the ,secretary of ,state shall request to submit a joint referral to the ,international ,joint ,commission with ,canada to research and provide recommendations to resolve such issue2 and 7,b7 if a joint referral under subparagraph 7,a7 is not submitted1 the ,secretary of ,state shall refer such issue to the ,international ,joint ,commission4 #f4 ,watershed management and restoration program ,section #cjd of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #fedc7 is amended by adding at the end the following3 7d7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section and the purpose described in paragraph 7#b71 #dj1jjj1jjj for fiscal year #bjbc and each of the #d fiscal years thereafter4 7#b7 ,preserve salmon habitat watersheds ,the ,secretary shall use a portion of the funds appropriated pursuant to paragraph 7#a7 to provide funds to programs that preserve watersheds that are salmon habitats4 7#c7 ,additional watershed permissible ,notwithstanding any other provision of this section1 the ,secretary may use funds appropriated under this subsection to identify additional priority watersheds in each ,national ,forest if such watersheds1 or portions of1 are determined by the ,secretary to be salmon conservation areas or salmon strongholds 7as such terms are defined in section #c of the ,salmon ,,fish ,act74 4 #g4 ,grant program 7a7 ,authorization 7#a7 ,in general ,the ,director of the ,fish and ,wildlife ,service shall1 in collaboration with the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 carry out a grant program1 to be known as the ,salmon ,conservation ,area ,grant ,program1 to make grants to carry out the purposes described in subsection 7b74 7#b7 ,duration ,a grant under this section shall have a duration of not more than #e years4 7#c7 ,priority ,in making grants under this section1 the administrator of the grant program shall give priority to an eligible entity that demonstrates that the eligible entity-- 7,a7 will carry out a project under this section on a salmon stronghold2 7,b7 has considered the durability of the project and how the project contributes to the long-term conservation of salmon2 7,c7 has coordinated with other stakeholders to carry out the project2 and 7,d7 has considered how the project will work with other salmon restoration projects4 7#d7 ,matching requirement 7,a7 ,in general ,except as provided in subparagraph 7,b71 each eligible entity that receives a grant under this section shall provide1 in cash or through in-kind contributions from non-,federal sources1 matching funds to carry out the activities funded by the grant in an amount equal to not less than #be percent of the cost of the activities4 7,b7 ,exceptions 7i7 ,indian ,tribes ,subparagraph 7,a7 shall not apply to an eligible entity that is an ,indian ,tribe4 7ii7 ,discretionary exceptions ,the administrator of the grant program under this section may reduce or waive the matching requirement under subparagraph 7,a7 if-- 7,i7 an eligible entity submits a written request to the administrator for a waiver with a justification as to why the eligible entity cannot meet the matching requirement2 and 7,,ii7 the administrator determines such justification is sufficient to waive such requirement4 7#e7 ,administration 7,a7 ,in general ,the ,director of the ,fish and ,wildlife ,service may enter into an agreement to administer the grant program with the ,national ,fish and ,wildlife ,foundation or a similar organization that offers grant administration services4 7,b7 ,funding ,if the ,director of the ,fish and ,wildlife ,service enters into an agreement under subparagraph 7,a71 the organization selected shall-- 7i7 for each fiscal year1 receive amounts made available to carry out this section in an advance payment of the entire amounts on ,october #a of that fiscal year1 or as soon as practicable thereafter2 7ii7 invest and reinvest those amounts for the benefit of the grant program2 and 7iii7 otherwise administer the grant program to support partnerships between the public and private sectors in accordance with this ,act4 7,c7 ,requirements ,if the ,secretary enters into an agreement with the ,foundation under subparagraph 7,a71 any amounts received by the ,foundation under this section shall be subject to the ,national ,fish and ,wildlife ,foundation ,establishment ,act 7#af ,u4,s4,c4 #cgja et seq471 excluding section #aj7;a7 of that ,act 7#af ,u4,s4,c4 #cgji7;a774 7b7 ,purposes ,the purposes of the grants under this section are-- 7#a7 to protect or maintain salmon conservation area or salmon stronghold features and projects that are focused on conservation and restoration within salmon conservation areas or salmon stronghold2 and 7#b7 to carry out at least one of the following3 7,a7 ,to address factors threatening to limit abundance1 productivity1 diversity1 habitat quality1 or other biological attributes important to sustaining viable salmon populations4 7,b7 ,to restore or maintain ecological functions and processes related to salmon productivity and diversity at watershed or subwatershed scales4 7,c7 ,to improve the resilience of salmon populations in response to acute events such as fires1 landslides1 and earthquakes4 7,d7 ,to improve the resilience of salmon populations to climate change and prepare populations for other future changes4 7,e7 ,to provide co-benefits to fish and wildlife1 in particular where salmon can be used as indicator species for habitat quality4 7,f7 ,to implement focused1 prioritized protection and restoration in watersheds4 7,g7 ,to improve conservation area or salmon stronghold resilience both downstream and upstream4 7c7 ,applications ,to be eligible to receive a grant under this section1 an eligible entity shall submit an application to the administrator of the grant program at such time1 in such manner1 and containing such information as such administrator may require4 7d7 ,use of funds 7#a7 ,in general ,an eligible entity that receives a grant under this section shall use the grant funds to carry out activities consistent with the purposes described in subsection 7b71 which include-- 7,a7 subject to subsection 7e71 land acquisition1 conservation easements1 and land exchanges2 7,b7 purchasing mining rights2 7,c7 the improvement of fish passages and removal of fish passage barriers and dams2 7,d7 habitat restoration and rehabilitation2 7,e7 outreach and local engagement2 7,f7 purchasing water rights related to leasing1 consumption1 and use2 7,g7 groundwater recharge projects 7including ponds and forbearance72 7,h7 water efficiency projects2 7,i7 regional planning or development of a focused1 prioritized protection and restoration action plan for the watershed2 or 7,j7 monitoring and research1 including monitoring the status of salmon populations in watersheds within conservation areas before and after the removal of a dam4 7#b7 ,prohibition ,none of the funds made available under this section may be used-- 7,a7 to carry out litigation2 or 7,b7 carry out lethal intentional takings4 7e7 ,acquisition and transfer of real property interests 7#a7 ,use of real property ,no project that will result in the acquisition by the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 the ,director of the ,fish and ,wildlife ,service1 a relevant ,federal agency1 or eligible entity of interest in land1 in whole or in part1 may receive funds under this section unless the project is consistent with the purposes of this section4 7#b7 ,private property protection ,no ,federal funds made available to carry out this section may be used to acquire any real property or any interest in any real property without the written consent of each owner of the property or interest in property4 7#c7 ,transfer of real property ,no land or interest in land1 acquired in whole or in part by the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 the ,director of the ,fish and ,wildlife ,service1 a relevant ,federal agency1 or eligible entity with funds made available under this section may be transferred to a ,state1 other public agency1 or other entity unless-- 7,a7 the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 the ,national ,fish and ,wildlife ,foundation1 the relevant ,federal agency1 or eligible entity with jurisdiction over such land determines that the ,state1 agency1 or other entity is committed to manage1 in accordance with this section and the purposes of this section1 the property being transferred2 and 7,b7 the deed or other instrument of transfer contains provisions for the reversion of the title to the property to the ,united ,states if the ,state1 agency1 or entity fails to manage the property as a salmon conservation area or salmon stronghold in accordance with this section and the purposes of this section4 7#d7 ,requirement ,any real property interest conveyed under paragraph 7#c7 shall be subject to such terms and conditions as will ensure1 to the maximum extent practicable1 that the interest will be administered in accordance with this section and the purposes of this section4 7f7 ,reports ,not later than #e years after the date on which the first grant is made under this section1 the administrator of the grant program shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives that includes-- 7#a7 an evaluation of the results of each project with recommendations on strategies and approaches focusing on salmon conservation actions projected to have the greatest positive impacts on abundance1 productivity1 or diversity in salmon conservation areas and salmon strongholds2 7#b7 conclusions and recommendations on appropriate metrics to measure and evaluate the efficacy of salmon conservation efforts1 including key indicators for habitat and aquatic health and recommendations on quantifying such benefits2 7#c7 an analysis of the status and trends for wild salmon abundance1 diversity and productivity in each salmon conservation area and salmon stronghold2 7#d7 an analysis of the social and economic effects resulting from salmon conservation area and salmon stronghold conservation2 and 7#e7 an assessment of threats imposed by changing ocean conditions on marine survival4 7g7 ,eligible entity defined ,in this section1 the term eligible entity means an ,indian tribe1 nongovernmental organization1 ,state or local agency1 or institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja77 that has approval to carry out a project with respect to a salmon conservation area or salmon stronghold under this section from each entity that has jurisdiction over such salmon conservation area or salmon stronghold4 7h7 ,appropriations ,there is authorized to be appropriated to carry out this section #ej1jjj1jjj for fiscal year #bjbc and each of the #d fiscal years thereafter4 #h4 ,limitations ,nothing in this ,act1 and no action to implement this ,act1 may be construed-- 7#a7 to create a reserved water right1 express or implied1 in the ,united ,states for any purpose1 or affect the management or priority of water rights under ,state law2 7#b7 to affect existing water rights under ,federal or ,state law2 7#c7 to affect any ,federal or ,state law in existence on the date of enactment of this ,act regarding water quality or water quantity2 7#d7 to abrogate1 abridge1 affect1 modify1 supersede1 or otherwise alter any right of an ,indian tribe under any applicable treaty1 or ,federal or tribal law or regulation2 7#e7 to diminish or affect the ability of the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 the ,director of the ,fish and ,wildlife ,service1 or head of a relevant ,federal ,agency to join the 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 #fff72 or 7#f7 to diminish or affect any program or activity by an ,indian tribe that does not impact salmonid habitat4