[House Report 116-314]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-314
======================================================================
NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS ACT
_______
November 26, 2019.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 1747]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1747) to encourage partnerships among public
agencies and other interested persons to promote fish
conservation, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Fish Habitat Conservation
Through Partnerships Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to encourage partnerships among public
agencies and other interested persons to promote fish conservation--
(1) to achieve measurable habitat conservation results
through strategic actions of Fish Habitat Partnerships that
lead to better fish habitat conditions and increased fishing
opportunities by--
(A) improving ecological conditions;
(B) restoring natural processes; or
(C) preventing the decline of intact and healthy
systems;
(2) to establish a consensus set of national conservation
strategies as a framework to guide future actions and
investment by Fish Habitat Partnerships;
(3) to broaden the community of support for fish habitat
conservation by--
(A) increasing fishing opportunities;
(B) fostering the participation of local communities,
especially young people in local communities, in
conservation activities; and
(C) raising public awareness of the role healthy fish
habitat play in the quality of life and economic well-
being of local communities;
(4) to fill gaps in the National Fish Habitat Assessment and
the associated database of the National Fish Habitat
Assessment--
(A) to empower strategic conservation actions
supported by broadly available scientific information;
and
(B) to integrate socioeconomic data in the analysis
to improve the lives of humans in a manner consistent
with fish habitat conservation goals; and
(5) to communicate to the public and conservation partners--
(A) the conservation outcomes produced collectively
by Fish Habitat Partnerships; and
(B) new opportunities and voluntary approaches for
conserving fish habitat.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Environment and
Public Works of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Board.--The term ``Board'' means the National Fish
Habitat Board established by section 4.
(3) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(4) EPA assistant administrator.--The term ``EPA Assistant
Administrator'' means the Assistant Administrator for Water of
the Environmental Protection Agency.
(5) Indian tribe.--The term ``Indian Tribe'' has the meaning
given to the term ``Indian tribe'' in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
(6) NOAA assistant administrator.--The term ``NOAA Assistant
Administrator'' means the Assistant Administrator for Fisheries
of the National Oceanic and Atmospheric Administration.
(7) Partnership.--The term ``Partnership'' means a self-
governed entity designated by Congress as a Fish Habitat
Partnership under subsection (d)(6) after a recommendation by
the Board under section 5.
(8) Real property interest.--The term ``real property
interest'' means an ownership interest in--
(A) land; or
(B) water (including water rights).
(9) Marine fisheries commissions.--The term ``Marine
Fisheries Commissions'' means--
(A) The Atlantic States Marine Fisheries Commission;
(B) the Gulf States Marine Fisheries Commission; and
(C) the Pacific States Marine Commission.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(11) State.--The term ``State'' means each of the several
States, Puerto Rico, American Samoa, Guam, the Northern Mariana
Islands, the United States Virgin Islands, and the District of
Columbia.
(12) State agency.--The term ``State agency'' means--
(A) the fish and wildlife agency of a State; and
(B) 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 State.
SEC. 4. NATIONAL FISH HABITAT BOARD.
(a) Establishment.--
(1) Fish habitat board.--There is established a board, to be
known as the ``National Fish Habitat Board'', whose duties
are--
(A) to promote, oversee, and coordinate the
implementation of this Act;
(B) to establish national goals and priorities for
fish habitat conservation;
(C) to recommend to Congress entities for designation
as Partnerships; and
(D) to review and make recommendations regarding fish
habitat conservation projects.
(2) Membership.--The Board shall be composed of 25 members,
of whom--
(A) 1 shall be a representative of the Department of
the Interior;
(B) 1 shall be a representative of the United States
Geological Survey;
(C) 1 shall be a representative of the Department of
Commerce;
(D) 1 shall be a representative of the Department of
Agriculture;
(E) 1 shall be a representative of the Association of
Fish and Wildlife Agencies;
(F) 4 shall be representatives of State agencies, 1
of whom shall be nominated by a regional association of
fish and wildlife agencies from each of the Northeast,
Southeast, Midwest, and Western regions of the United
States;
(G) 1 shall be a representative of either--
(i) Indian Tribes in the State of Alaska; or
(ii) Indian Tribes in States other than the
State of Alaska;
(H) 1 shall be a representative of either--
(i) the Regional Fishery Management Councils
established under section 302 of the Magnuson-
Stevens Fishery Conservation and Management Act
(16 U.S.C. 1852); or
(ii) a representative of the Marine Fisheries
Commissions;
(I) 1 shall be a representative of the Sportfishing
and Boating Partnership Council;
(J) 7 shall be representatives selected from at least
one from each of the following:
(i) the recreational sportfishing industry;
(ii) the commercial fishing industry;
(iii) marine recreational anglers;
(iv) freshwater recreational anglers;
(v) habitat conservation organizations; and
(vi) science-based fishery organizations;
(K) 1 shall be a representative of a national private
landowner organization;
(L) 1 shall be a representative of an agricultural
production organization;
(M) 1 shall be a representative of local government
interests involved in fish habitat restoration;
(N) 2 shall be representatives from different sectors
of corporate industries, which may include--
(i) natural resource commodity interests,
such as petroleum or mineral extraction;
(ii) natural resource user industries; and
(iii) industries with an interest in fish and
fish habitat conservation; and
(O) 1 shall be a leadership private sector or
landowner representative of an active partnership.
(3) Compensation.--A member of the Board shall serve without
compensation.
(4) Travel expenses.--A member of the Board may be allowed
travel expenses, including per diem in lieu of subsistence, at
rates authorized for an employee of an agency under subchapter
I of chapter 57 of title 5, United States Code, while away from
the home or regular place of business of the member in the
performance of the duties of the Board.
(b) Appointment and Terms.--
(1) In general.--Except as otherwise provided in this
section, a member of the Board described in any of
subparagraphs (F) through (O) of subsection (a)(2) shall serve
for a term of 3 years.
(2) Initial board membership.--
(A) In general.--The initial Board shall consist of
representatives as described in subparagraphs (A)
through (F) of subsection (a)(2).
(B) Remaining members.--Not later than 60 days after
the date of enactment of this Act, the representatives
of the initial Board under subparagraph (A) shall
appoint the remaining members of the Board described in
subparagraphs (H) through (O) of subsection (a)(2).
(C) Tribal representatives.--Not later than 60 days
after the enactment of this Act, the Secretary shall
provide to the Board a recommendation of not fewer than
3 Tribal representatives, from which the Board shall
appoint 1 representative pursuant to subparagraph (G)
of subsection (a)(2).
(3) Staggered terms.--Of the members described in subsection
(a)(2)(J) initially appointed to the Board--
(A) 2 shall be appointed for a term of 1 year;
(B) 2 shall be appointed for a term of 2 years; and
(C) 3 shall be appointed for a term of 3 years.
(4) Vacancies.--
(A) In general.--A vacancy of a member of the Board
described in subparagraph (H), (I), (J), (K), (L), (M),
(N), or (O) of subsection (a)(2) shall be filled by an
appointment made by the remaining members of the Board.
(B) Tribal representatives.--Following a vacancy of a
member of the Board described in subparagraph (G) of
subsection (a)(2), the Secretary shall recommend to the
Board a list of not fewer than 3 Tribal
representatives, from which the remaining members of
the Board shall appoint a representative to fill the
vacancy.
(5) 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 appointed.
(6) Removal.--If a member of the Board described in any of
subparagraphs (H) through (O) of subparagraph (a)(2) misses 3
consecutive regularly scheduled Board meetings, the members of
the Board may--
(A) vote to remove that member; and
(B) appoint another individual in accordance with
paragraph (4).
(c) Chairperson.--
(1) In general.--The representative of the Association of
Fish and Wildlife Agencies appointed under subsection (a)(2)(E)
shall serve as Chairperson of the Board.
(2) Term.--The Chairperson of the Board shall serve for a
term of 3 years.
(d) Meetings.--
(1) In general.--The Board shall meet--
(A) at the call of the Chairperson; but
(B) not less frequently than twice each calendar
year.
(2) Public access.--All meetings of the Board shall be open
to the public.
(e) Procedures.--
(1) In general.--The Board shall establish procedures to
carry out the business of the Board, including--
(A) a requirement that a quorum of the members of the
Board be present to transact business;
(B) a requirement that no recommendations may be
adopted by the Board, except by the vote of \2/3\ of
all members;
(C) procedures for establishing national goals and
priorities for fish habitat conservation for the
purposes of this Act;
(D) procedures for designating Partnerships under
section 5; and
(E) procedures for reviewing, evaluating, and making
recommendations regarding fish habitat conservation
projects.
(2) Quorum.--A majority of the members of the Board shall
constitute a quorum.
SEC. 5. FISH HABITAT PARTNERSHIPS.
(a) Authority To Recommend.--The Board may recommend to Congress the
designation of Fish Habitat Partnerships in accordance with this
section.
(b) Purposes.--The purposes of a Partnership shall be--
(1) to work with other regional habitat conservation programs
to promote cooperation and coordination to enhance fish
populations and fish habitats;
(2) to engage local and regional communities to build support
for fish habitat conservation;
(3) to involve diverse groups of public and private partners;
(4) to develop collaboratively a strategic vision and
achievable implementation plan that is scientifically sound;
(5) to leverage funding from sources that support local and
regional partnerships;
(6) to use adaptive management principles, including
evaluation of project success and functionality;
(7) to develop appropriate local or regional habitat
evaluation and assessment measures and criteria that are
compatible with national habitat condition measures; and
(8) to implement local and regional priority projects that
improve conditions for fish and fish habitat.
(c) Criteria for Designation.--An entity seeking to be designated by
Congress as a Partnership shall--
(1) submit to the Board an application at such time, in such
manner, and containing such information as the Board may
reasonably require; and
(2) demonstrate to the Board that the entity has--
(A) a focus on promoting the health of important fish
and fish habitats;
(B) an ability to coordinate the implementation of
priority projects that support the goals and national
priorities set by the Board that are within the
Partnership boundary;
(C) a self-governance structure that supports the
implementation of strategic priorities for fish
habitat;
(D) the ability to develop local and regional
relationships with a broad range of entities to further
strategic priorities for fish and fish habitat;
(E) a strategic plan that details required
investments for fish habitat conservation that
addresses the strategic fish habitat priorities of the
Partnership and supports and meets the strategic
priorities of the Board;
(F) the ability to develop and implement fish habitat
conservation projects that address strategic priorities
of the Partnership and the Board; and
(G) the ability to develop fish habitat conservation
priorities based on sound science and data, the ability
to measure the effectiveness of fish habitat projects
of the Partnership, and a clear plan as to how
Partnership science and data components will be
integrated with the overall Board science and data
effort.
(d) Requirements for Recommendation to Congress.--The Board may
recommend to Congress for designation an application for a Partnership
submitted under subsection (c) if the Board determines that the
applicant--
(1) meets the criteria described in subsection (c)(2);
(2) identifies representatives to provide support and
technical assistance to the Partnership from a diverse group of
public and private partners, which may include State or local
governments, nonprofit entities, Indian Tribes, and private
individuals, that are focused on conservation of fish habitats
to achieve results across jurisdictional boundaries on public
and private land;
(3) is organized to promote the health of important fish
species and important fish habitats, including reservoirs,
natural lakes, coastal and marine environments, and estuaries;
(4) identifies strategic fish and fish habitat priorities for
the Partnership area in the form of geographical focus areas or
key stressors or impairments to facilitate strategic planning
and decision making;
(5) is able to address issues and priorities on a nationally
significant scale;
(6) includes a governance structure that--
(A) reflects the range of all partners; and
(B) promotes joint strategic planning and decision
making by the applicant;
(7) demonstrates completion of, or significant progress
toward the development of, a strategic plan to address declines
in fish populations, rather than simply treating symptoms, in
accordance with the goals and national priorities established
by the Board; and
(8) promotes collaboration in developing a strategic vision
and implementation program that is scientifically sound and
achievable.
(e) Report to Congress.--
(1) In general.--Not later than February 1 of the first
fiscal year beginning after the date of enactment of this Act
and each February 1 thereafter, the Board shall develop and
submit to the appropriate congressional committees an annual
report, to be entitled ``Report to Congress on Future Fish
Habitat Partnerships and Modifications'', that--
(A) identifies each entity that--
(i) meets the requirements described in
subsection (d); and
(ii) the Board recommends to Congress for
designation as a Partnership;
(B) describes any proposed modifications to a
Partnership previously designated by Congress under
subsection (f);
(C) with respect to each entity recommended for
designation as a Partnership, describes, to the maximum
extent practicable--
(i) the purpose of the recommended
Partnership; and
(ii) how the recommended Partnership fulfills
the requirements described in subsection (d).
(2) Public availability; notification.--The Board shall--
(A) make the report publicly available, including on
the internet; and
(B) 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 report.
(f) Designation or Modification of Partnership.--Congress shall have
the exclusive authority to designate or modify a Partnership.
(g) Existing Partnerships.--
(1) Designation review.--Not later than 5 years after the
date of enactment of this Act, any partnership receiving
Federal funds as of the date of enactment of this Act shall be
subject to a designation review by Congress in which Congress
shall have the opportunity to designate the partnership under
subsection (f).
(2) Ineligibility for federal funds.--A partnership referred
to in paragraph (1) that Congress does not designate as
described in that paragraph shall be ineligible to receive
Federal funds under this Act.
SEC. 6. FISH HABITAT CONSERVATION PROJECTS.
(a) Submission to Board.--Not later than March 31 of each year, each
Partnership shall submit to the Board a list of priority fish habitat
conservation projects recommended by the Partnership for annual funding
under this Act.
(b) Recommendations by Board.--Not later than July 1 of each year,
the Board shall submit to the Secretary a priority list of fish habitat
conservation projects that includes a description, including estimated
costs, of each project that the Board recommends that the Secretary
approve and fund under this Act for the following fiscal year.
(c) Criteria for Project Selection.--The Board shall select each fish
habitat conservation project recommended to the Secretary under
subsection (b) after taking into consideration, at a minimum, the
following information:
(1) A recommendation of the Partnership that is, or will be,
participating actively in implementing the fish habitat
conservation project.
(2) The capabilities and experience of project proponents to
implement successfully the proposed project.
(3) The extent to which the fish habitat conservation
project--
(A) fulfills a local or regional priority that is
directly linked to the strategic plan of the
Partnership and is consistent with the purpose of this
Act;
(B) addresses the national priorities established by
the Board;
(C) is supported by the findings of the habitat
assessment of the Partnership or the Board, and aligns
or is compatible with other conservation plans;
(D) identifies appropriate monitoring and evaluation
measures and criteria that are compatible with national
measures;
(E) provides a well-defined budget linked to
deliverables and outcomes;
(F) leverages other funds to implement the project;
(G) addresses the causes and processes behind the
decline of fish or fish habitats; and
(H) includes an outreach or education component that
includes the local or regional community.
(4) The availability of sufficient non-Federal funds to match
Federal contributions for the fish habitat conservation
project, as required by subsection (e).
(5) The extent to which the fish habitat conservation
project--
(A) will increase fish populations in a manner that
leads to recreational fishing opportunities for the
public;
(B) will be carried out through a cooperative
agreement among Federal, State, and local governments,
Indian Tribes, and private entities;
(C) increases public access to land or water for fish
and wildlife-dependent recreational opportunities;
(D) advances the conservation of fish and wildlife
species that have been identified by a State agency as
species of greatest conservation need;
(E) where appropriate, advances the conservation of
fish and fish habitats under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.) and other relevant Federal law and State
wildlife action plans; and
(F) promotes strong and healthy fish habitats so that
desired biological communities are able to persist and
adapt.
(6) The substantiality of the character and design of the
fish habitat conservation project.
(d) Limitations.--
(1) Requirements for evaluation.--No fish habitat
conservation project may be recommended by the Board under
subsection (b) or provided financial assistance under this Act
unless the fish habitat conservation project includes an
evaluation plan designed using applicable Board guidance--
(A) to appropriately assess the biological,
ecological, or other results of the habitat protection,
restoration, or enhancement activities carried out
using the assistance;
(B) to reflect appropriate changes to the fish
habitat conservation project if the assessment
substantiates that the fish habitat conservation
project objectives are not being met;
(C) to identify improvements to existing fish
populations, recreational fishing opportunities, and
the overall economic benefits for the local community
of the fish habitat conservation project; and
(D) to require the submission to the Board of a
report describing the findings of the assessment.
(2) Acquisition authorities.--
(A) In general.--A State, local government, or other
non-Federal entity is eligible to receive funds for the
acquisition of real property from willing sellers under
this Act if the acquisition ensures--
(i) public access for fish and wildlife-
dependent recreation; or
(ii) a scientifically based, direct
enhancement to the health of fish and fish
populations, as determined by the Board.
(B) State agency approval.--
(i) 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 occurring.
(ii) Prohibition.--The Board may not
recommend, and the Secretary may not provide
any funding for, any real property interest
acquisition that has not been approved by the
State agency.
(C) Assessment of other authorities.--The Board may
not recommend, and the Secretary may not provide any
funding under this Act for, any real property interest
acquisition unless the Partnership that recommended the
project has conducted a project assessment, submitted
with the funding request and approved by the Board, to
demonstrate all other Federal, State, and local
authorities for the acquisition of real property have
been exhausted.
(D) Restrictions.--A real property interest may not
be acquired pursuant to a fish habitat conservation
project by a State, local government, or other non-
Federal entity conducted with funds provided under this
Act, unless--
(i) the owner of the real property authorizes
the State, local government, or other non-
Federal entity to acquire the real property;
and
(ii) the Secretary and the Board determine
that the State, local government, 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 Partnership.
(e) Non-Federal Contributions.--
(1) In general.--Except as provided in paragraph (2), no fish
habitat conservation project may be recommended by the Board
under subsection (b) or provided financial assistance under
this Act unless at least 50 percent of the cost of the fish
habitat conservation project will be funded with non-Federal
funds.
(2) Non-federal share.--Such non-Federal share of the cost of
a fish habitat conservation project--
(A) may not be derived from another Federal grant
program; and
(B) may include in-kind contributions and cash.
(3) Special rule for indian tribes.--Notwithstanding
paragraph (1) or any other provision of law, 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
(1).
(f) Approval.--
(1) In general.--Not later than 90 days after the date of
receipt of the recommended priority list of fish habitat
conservation projects under subsection (b), and subject to
subsection (d) and based, to the maximum extent practicable, on
the criteria described in subsection (c), the Secretary, after
consulting with the Secretary of Commerce on marine or
estuarine projects, shall approve or reject any fish habitat
conservation project recommended by the Board.
(2) Funding.--If the Secretary approves a fish habitat
conservation project under paragraph (1), the Secretary shall
use amounts made available to carry out this Act to provide
funds to carry out the fish habitat conservation project.
(3) Notification.--If the Secretary rejects under paragraph
(1) any fish habitat conservation project recommended by the
Board, not later than 90 days after the date of receipt of the
recommendation, the Secretary shall provide to the Board, the
appropriate Partnership, and the appropriate congressional
committees a written statement of the reasons that the
Secretary rejected the fish habitat conservation project.
SEC. 7. TECHNICAL AND SCIENTIFIC ASSISTANCE.
(a) In General.--The Director, the NOAA Assistant Administrator, the
EPA Assistant Administrator, and the Director of the United States
Geological Survey, in coordination with the Forest Service and other
appropriate Federal departments and agencies, may provide scientific
and technical assistance to Partnerships, participants in fish habitat
conservation projects, and the Board.
(b) Inclusions.--Scientific and technical assistance provided under
subsection (a) may include--
(1) providing technical and scientific assistance to States,
Indian Tribes, regions, local communities, and nongovernmental
organizations in the development and implementation of
Partnerships;
(2) providing technical and scientific assistance to
Partnerships for habitat assessment, strategic planning, and
prioritization;
(3) supporting the development and implementation of fish
habitat conservation projects that are identified as high
priorities by Partnerships and the Board;
(4) supporting and providing recommendations regarding the
development of science-based monitoring and assessment
approaches for implementation through Partnerships;
(5) supporting and providing recommendations for a national
fish habitat assessment;
(6) ensuring the availability of experts to assist in
conducting scientifically based evaluation and reporting of the
results of fish habitat conservation projects; and
(7) providing resources to secure State agency scientific and
technical assistance to support Partnerships, participants in
fish habitat conservation projects, and the Board.
SEC. 8. COORDINATION WITH STATES AND INDIAN TRIBES.
The Secretary shall provide a notice to, and cooperate with, the
appropriate State agency or Tribal agency, as applicable, of each State
and Indian Tribe within the boundaries of which an activity is planned
to be carried out pursuant to this Act, including notification, by not
later than 30 days before the date on which the activity is
implemented.
SEC. 9. INTERAGENCY OPERATIONAL PLAN.
Not later than 1 year after the date of enactment of this Act, and
every 5 years thereafter, the Director, in cooperation with the NOAA
Assistant Administrator, the EPA Assistant Administrator, the Director
of the United States Geological Survey, and the heads of other
appropriate Federal departments and agencies (including, at a minimum,
those agencies represented on the Board) shall develop an interagency
operational plan that describes--
(1) the functional, operational, technical, scientific, and
general staff, administrative, and material needs for the
implementation of this Act; and
(2) any interagency agreements between or among Federal
departments and agencies to address those needs.
SEC. 10. ACCOUNTABILITY AND REPORTING.
(a) Reporting.--
(1) In general.--Not later than 5 years after the date of
enactment of this Act, and every 5 years thereafter, the Board
shall submit to the appropriate congressional committees a
report describing the progress of this Act.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) an estimate of the number of acres, stream miles,
or acre-feet, or other suitable measures of fish
habitat, that was maintained or improved by
Partnerships under this Act during the 5-year period
ending on the date of submission of the report;
(B) a description of the public access to fish
habitats established or improved under this Act during
that 5-year period;
(C) a description of the improved opportunities for
public recreational fishing achieved under this Act;
and
(D) an assessment of the status of fish habitat
conservation projects carried out with funds provided
under this Act during that period, disaggregated by
year, including--
(i) a description of the fish habitat
conservation projects recommended by the Board
under section 6(b);
(ii) a description of each fish habitat
conservation project approved by the Secretary
under section 6(f), in order of priority for
funding;
(iii) a justification for--
(I) the approval of each fish habitat
conservation project; and
(II) the order of priority for
funding of each fish habitat
conservation project;
(iv) a justification for any rejection of a
fish habitat conservation project recommended
by the Board under section 6(b) that was based
on a factor other than the criteria described
in section 6(c); and
(v) an accounting of expenditures by Federal,
State, or local governments, Indian Tribes, or
other entities to carry out fish habitat
conservation projects under this Act.
(b) Status and Trends Report.--Not later than December 31, 2020, and
every 5 years thereafter, the Board shall submit to the appropriate
congressional committees a report that includes--
(1) a status of all Partnerships designated under this Act;
(2) a description of the status of fish habitats in the
United States as identified by designated Partnerships; and
(3) enhancements or reductions in public access as a result
of--
(A) the activities of the Partnerships; or
(B) any other activities carried out pursuant to this
Act.
SEC. 11. EFFECT OF THE ACT.
(a) Water Rights.--Nothing in this Act--
(1) establishes any express or implied reserved water right
in the United States for any purpose;
(2) affects any water right in existence on the date of
enactment of this Act;
(3) preempts or affects any State water law or interstate
compact governing water; or
(4) affects any Federal or State law in existence on the date
of enactment of the Act regarding water quality or water
quantity.
(b) Authority To Acquire Water Rights or Rights to Property.--Only a
State, local government, or other non-Federal entity may acquire, under
State law, water rights or rights to property with funds made available
through section 13.
(c) State Authority.--Nothing in this Act--
(1) affects the authority, jurisdiction, or responsibility of
a State to manage, control, or regulate fish and wildlife under
the laws and regulations of the State; or
(2) authorizes the Secretary to control or regulate within a
State the fishing or hunting of fish and wildlife.
(d) Effect on Indian Tribes.--Nothing in this Act abrogates,
abridges, affects, modifies, supersedes, or alters any right of an
Indian Tribe recognized by treaty or any other means, including--
(1) an agreement between the Indian Tribe and the United
States;
(2) Federal law (including regulations);
(3) an Executive order; or
(4) a judicial decree.
(e) Adjudication of Water Rights.--Nothing in this Act diminishes or
affects the ability of the Secretary to join an adjudication of rights
to the use of water pursuant to subsection (a), (b), or (c) of section
208 of the Departments of State, Justice, Commerce, and The Judiciary
Appropriation Act, 1953 (43 U.S.C. 666).
(f) Department of Commerce Authority.--Nothing in this Act affects
the authority, jurisdiction, or responsibility of the Department of
Commerce to manage, control, or regulate fish or fish habitats under
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
(g) Effect on Other Authorities.--
(1) Private property protection.--Nothing in this Act permits
the use of funds made available to carry out this Act to
acquire real property or a real property interest without the
written consent of each owner of the real property or real
property interest, respectively.
(2) Mitigation.--Nothing in this Act authorizes the use of
funds made available to carry out this Act for fish and
wildlife mitigation purposes under--
(A) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(B) the Fish and Wildlife Coordination Act (16 U.S.C.
661 et seq.);
(C) the Water Resources Development Act of 1986
(Public Law 99-662; 100 Stat. 4082); or
(D) any other Federal law or court settlement.
(3) Clean water act.--Nothing in this Act affects any
provision of the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), including any definition in that Act.
SEC. 12. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to--
(1) the Board; or
(2) any Partnership.
SEC. 13. FUNDING.
(a) Authorization of Appropriations.--
(1) Fish habitat conservation projects.--There is authorized
to be appropriated to the Secretary $7,200,000 for each of
fiscal years 2019 through 2023 to provide funds for fish
habitat conservation projects approved under section 6(f), of
which 5 percent is authorized only for projects carried out by
Indian Tribes.
(2) Administrative and planning expenses.--There is
authorized to be appropriated to the Secretary for each of
fiscal years 2019 through 2023 an amount equal to 5 percent of
the amount appropriated for the applicable fiscal year pursuant
to paragraph (1)--
(A) for administrative and planning expenses under
this Act; and
(B) to carry out section 10.
(3) Technical and scientific assistance.--There is authorized
to be appropriated for each of fiscal years 2020 through 2024
to carry out, and provide technical and scientific assistance
under, section 7--
(A) $400,000 to the Secretary for use by the United
States Fish and Wildlife Service;
(B) $400,000 to the NOAA Assistant Administrator for
use by the National Oceanic and Atmospheric
Administration;
(C) $400,000 to the EPA Assistant Administrator for
use by the Environmental Protection Agency;
(D) $400,000 to the Secretary for use by the United
States Geological Survey; and
(E) $400,000 to the Chief of the Forest Service for
use by the United States Department of Agriculture
Forest Service.
(b) Agreements and Grants.--The Secretary may--
(1) on the recommendation of the Board, and notwithstanding
sections 6304 and 6305 of title 31, United States Code, and the
Federal Financial Assistance Management Improvement Act of 1999
(31 U.S.C. 6101 note; Public Law 106-107), enter into a grant
agreement, cooperative agreement, or contract with a
Partnership or other entity to provide funds authorized by this
Act for a fish habitat conservation project or restoration or
enhancement project;
(2) apply for, accept, and, subject to the availability of
appropriations, use a grant from any individual or entity to
carry out the purposes of this Act; and
(3) subject to the availability of appropriations, make funds
authorized by this Act available to any Federal department or
agency for use by that department or agency to provide grants
for any fish habitat protection project, restoration project,
or enhancement project that the Secretary determines to be
consistent with this Act.
(c) Donations.--
(1) In general.--The Secretary may--
(A) enter into an agreement with any organization
described in section 501(c)(3) of the Internal Revenue
Code of 1986 that is exempt from taxation under section
501(a) of that Code to solicit private donations to
carry out the purposes of this Act; and
(B) accept donations of funds, property, and services
to carry out the purposes of this Act.
(2) Treatment.--A donation accepted under this Act--
(A) shall be considered to be a gift or bequest to,
or otherwise for the use of, the United States; and
(B) may be--
(i) used directly by the Secretary; or
(ii) provided to another Federal department
or agency through an interagency agreement.
SEC. 14. PROHIBITION AGAINST IMPLEMENTATION OF REGULATORY AUTHORITY BY
FEDERAL AGENCIES THROUGH PARTNERSHIPS.
Any Partnership designated under this Act--
(1) shall be for the sole purpose of promoting fish
conservation; and
(2) shall not be used to implement any regulatory authority
of any Federal agency.
PURPOSE OF THE BILL
The purpose of H.R. 1747 is to encourage partnerships among
public agencies and other interested persons to promote fish
conservation.
BACKGROUND AND NEED FOR LEGISLATION
Fish habitats include all the physical and chemical factors
required to support fish populations, including temperature,
salinity, water depth, substrate, plants, cover, oxygen, and
dissolved minerals. Natural freshwater, estuarine, and marine
habitats essential to the survival of fish in the United States
have been destroyed, fragmented, and degraded by human
settlement and the competing use of space for agriculture,
transportation, infrastructure, energy and mineral resource
extraction, and other industrial development.
The National Fish Habitat Partnership estimates that
approximately 22.5 percent of inland stream mileages in the
continental U.S. are at ``high'' or ``very high'' risk of
habitat degradation, with urban centers from Boston to
Washington, D.C., Atlanta, Dallas, Houston, Chicago, Denver,
southern California, San Francisco, Honolulu, and Seattle being
regions of ``pronounced'' high risk of habitat degradation, in
addition to the high risk regions of the Midwest from Ohio to
North Dakota, northwestern New York, the Mississippi River
basin, northwestern Texas, northwestern Utah, southern Idaho,
northern Montana, central California, and southeastern
Washington.\1\ Estuarine habitats of the mid-Atlantic and
Peninsular Florida are similarly at high or very high risk of
degradation related to pollution and other human activities.\2\
For example, in the past century, Tampa Bay has lost more than
44 percent of its coastal wetland habitats, including mangrove
and salt marsh habitats that provide protected nursery areas
for fish, crustaceans, and shellfish.\3\ While inherently
valuable for the preservation of healthy and diverse
ecosystems, healthy fish habitats also support $46.1 billion in
recreational fishing-related consumer spending according to the
U.S. Fish and Wildlife Service (FWS),\4\ and a report
commissioned by the American Sportfishing Association has
estimated that this spending has a $125 billion impact on the
U.S. economy that provides more than 800,000 jobs across the
United States.\5\
---------------------------------------------------------------------------
\1\Steve Crawford et al., Nat'l Fish Habitat P'Ship, Through a
Fish's Eye: The Status of Fish Habitats in the United States 2015
(2016), http://assessment.fishhabitat.org/ (follow ``Explore the
Assessment'' hyperlink; then follow ``National Overview'' hyperlink)
(last visited Nov. 5, 2019).
\2\Id.
\3\Florida's Mangroves, Fla. Dep't of Envtl. Prot., https://
floridadep.gov/rcp/rcp/content/floridas-mangroves (last modified Feb.
27, 2019); Salt Marshes, FLA. Dep't of Envtl. Prot., https://
floridadep.gov/rcp/saltmarshes (last modified Sept. 9, 2019).
\4\U.S. Fish and Wildlife Serv. & U.S. Census Bureau, 2016 National
Survey of Fishing, Hunting, And Wildlife-Associated Recreation 10, 11
(2018), https://wsfrprograms.fws.gov/subpages/nationalsurvey/
nat_survey2016.pdf.
\5\See Tom Allen Et Al., Southwick Assocs., Sportfishing in
America: An Economic Force for Conservation 10 (2018), https://
www.fishwildlife.org/application/files/6015/3719/7579/Southwick_Assoc_-
_ASA_Sportfishing_Econ.pdf.
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H.R. 1747 enacts the approach successfully used by the
National Fish Habitat Partnership, a program established in
2006 through a state-led public-private partnership at the FWS.
The Act is also modeled after the North American Wetlands
Conservation Act\6\ as well as the state-and-locally-led
collaborative joint venture model for implementing voluntary
conservation action on the ground to conserve birds and their
habitats. To date, the National Fish Habitat Partnership has
participated in 840 projects in all 50 states and created 1,100
jobs with $34 million invested since its inception in 2006,
with a direct economic value exceeding $150 million. Recent and
ongoing projects include:
---------------------------------------------------------------------------
\6\Pub. L. No. 101-233, 103 Stat. 1968 (1989).
---------------------------------------------------------------------------
The Desert Fish Habitat Partnership
enhancement and restoration of connectivity of the
Amargo Creek with the main stem of the Navajo River in
New Mexico to repatriate native Roundtail Chub,
Flannelmouth Sucker, and Bluehead Sucker in lands of
the Jicarilla Apache Nation, increasing the river miles
available to the fish by approximately 50 percent.
The California Fish Passage Forum
restoration of fish passage and grade stabilization
through a 600-foot stream reach of the Upper Green
Valley Creek, enabling access for Coho salmon to almost
a mile of additional rearing and spawning habitat.\7\
---------------------------------------------------------------------------
\7\2019 Waters to Watch, Nat'l Fish Habitat P'Ship, http://
www.fishhabitat.org//waters-to-watch/archive/2019 (last accessed on
Nov. 5, 2019).
---------------------------------------------------------------------------
In addition, this bill establishes a National Fish Habitat
Board to oversee and promote implementation of the bill. The
Board would set procedures for considering and recommending
fish habitat partnerships and conservation projects eligible
for $7.2 million of grant money authorized to be spent each
year for Fiscal Years 2019-2023.
COMMITTEE ACTION
H.R. 1747 was introduced on March 13, 2019, by
Representative Robert J. Wittman (R-VA). The bill was referred
solely to the Committee on Natural Resources, and within the
Committee to the Subcommittee on Water, Oceans, and Wildlife.
On September 24, 2019, the Subcommittee held a hearing on the
bill. On September 25, 2019, the Natural Resources Committee
met to consider the bill. The Subcommittee was discharged from
further consideration of H.R. 1747 by unanimous consent. An
amendment offered by Rep. Jenniffer Gonzalez-Colon (R-PR) was
agreed to by voice vote. No additional amendments were offered,
and the bill, as amended, was adopted and ordered favorably
reported to the House of Representatives by voice vote.
HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--the following hearing was used to develop or
consider H.R. 1747: legislative hearing by the Subcommittee on
Water, Oceans, and Wildlife held on September 24, 2019.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This section provides the short title of the bill, the
``National Fish Habitat Conservation Through Partnerships
Act.''
Section 2. Purpose
This section describes that the purpose of the bill is to
encourage partnerships among public agencies to promote fish
conservation.
Section 3. Definitions
This section defines relevant terms.
Section 4. National Fish Habitat Board
This section establishes the National Fish Habitat Board
(Board) to coordinate implementation of this Act and to make
recommendations regarding fish habitat conservation projects
and regarding entities for designation as Fish Habitat
Partnerships (Partnerships). Board membership would be composed
of representatives from federal and state agencies, Indian
tribes, Regional Fishery Management Councils or Marine
Fisheries Commissions, the Sportfishing and Boating Partnership
Council, and relevant industries and organizations on terms of
three years (in some cases staggered terms). The Board would be
chaired by a representative of the Association of Fish and
Wildlife Agencies.
Section 5. Fish Habitat Partnerships
This section authorizes the Board to recommend to Congress
the designation of Partnerships to work with other regional
habitat conservation programs and local communities to, among
other things, develop evaluation and assessment measures and
achievable implementation plans. This section requires the
Board to provide an annual report to Congress on future fish
habitat partnerships and modifications.
Section 6. Fish habitat conservation projects
This section requires Partnerships to submit
recommendations for funding priority fish habitat conservation
projects annually to the Board, who are then required to submit
recommendations to the Secretary of Interior for funding.
Projects are required to have at least 50 percent of funds come
from non-federal sources.
Section 7. Technical and scientific assistance
This section authorizes several federal agencies to provide
scientific and technical assistance to Partnerships, project
participants, and the Board.
Section 8. Coordination with states and Indian tribes
This section requires the Secretary of Interior to
coordinate with appropriate state or tribal agencies within the
boundaries of planned activities.
Section 9. Interagency operational plan
This section directs the Director of the U.S. Fish and
Wildlife Service, in coordination with other federal
departments and agencies, to develop an interagency operational
plan that describes the functional, operational, technical,
scientific, staffing, administrative, and material needs to
implement this Act, and any interagency agreements between or
among them to address those needs.
Section 10. Accountability and reporting
This section requires the Board to submit a report to
Congress every five years describing the progress of this Act,
including an estimate of the geographic area of habitat
maintained or improved, a description of public access to
habitats established or improved, a description of the improved
opportunities for public recreational fishing, and an
assessment of the status of fish habitat conservation projects
carried out. The section also requires a report every five
years describing Partnerships and related habitats and
activities.
Section 11. Effect of the Act
This section clarifies that the Act does not affect other
federal or state laws regarding, among other rights: water
rights, state authorities, the rights of Indian tribes, the
authority of the Department of Commerce to regulate fish or
fish habitats under the Magnuson-Stevens Fishery Conservation
and Management Act, or private property rights.
Section 12. Nonapplicability of Federal Advisory Committee Act
This section states that the Federal Advisory Committee Act
shall not apply to either the Board or any Partnership.
Section 13. Funding
This section authorizes $7.2 million for each of fiscal
years 2019 through 2023 to fund approved projects, with five
percent reserved for projects carried out by Indian tribes and
an additional, separate five percent for administrative and
planning expenses and reporting. This section authorizes
$400,000 each fiscal year through 2023 for each of the
following services for technical and scientific assistance: the
U.S. Fish and Wildlife Service, the National Oceanic and
Atmospheric Administration, the Environmental Protection
Agency, the U.S. Geological Survey, and the U.S. Forest
Service. This section authorizes the Secretary of Interior to
enter into grant agreements and to accept donations.
Section 14. Prohibition against implementation of regulatory authority
by federal agencies through partnerships
This section limits any Partnership from being used to
implement the regulatory authority of any federal agency.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 7, 2019.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1747, the National
Fish Habitat Conservation Through Partnerships Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Phillip L. Swagel.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 1747 would create a National Fish Habitat Board
consisting of 25 members from the federal government, state
governments, private industry representatives, and other
private citizens. The board would recommend to the Congress
organizations to be designated as Fish Habitat Partnerships.
Those partnerships would be eligible to receive federal grants
to improve the health of fish and fish habitats.
H.R. 1747 would authorize the appropriation of $7.2 million
annually through 2023 for grants to partnerships to implement
conservation projects and an additional $360,000 annually
through 2023 for administrative expenses.
The bill also would authorize the Department of the
Interior (DOI), the National Oceanic and Atmospheric
Administration, the Environmental Protection Agency, and the
Forest Service to provide technical and scientific assistance
to any partnerships recognized under H.R. 1747. The bill would
authorize the appropriation of $2 million annually over the
2020-2024 period for those agencies to provide such assistance.
Using historical spending patterns for similar programs and
assuming appropriation of the authorized amounts, CBO estimates
that implementing H.R. 1747 would cost $32 million over the
2020-2024 period and $8 million after 2024. The costs of the
legislation, detailed in Table 1, fall within budget function
300 (natural resources and environment).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 1747
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
--------------------------------------------------
2020 2021 2022 2023 2024 2020-2024
----------------------------------------------------------------------------------------------------------------
Fish Habitat Conservation:
Authorization............................................ 8 8 8 8 0 30
Estimated Outlays........................................ 2 4 5 6 5 23
Technical and Scientific Assessment:
Authorization............................................ 2 2 2 2 2 10
Estimated Outlays........................................ 1 2 2 2 2 9
Total Changes:
Authorization............................................ 10 10 10 10 2 40
Estimated Outlays........................................ 3 6 7 8 7 32
----------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding.
H.R. 1747 would allow DOI to accept and spend monetary
gifts to supplement appropriated funds provided for grants to
recognized partnerships. The receipt and spending of such gifts
are recorded in the budget as direct spending. Because any
money received would probably be spent soon thereafter, CBO
estimates that the net effect on direct spending would be
negligible.
The CBO staff contact for this estimate is Robert Reese.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill are to encourage partnerships among
public agencies and other interested persons to promote fish
conservation.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
UNFUNDED MANDATES REFORM ACT STATEMENT
This bill contains no unfunded mandates.
FEDERAL ADVISORY COMMITTEE ACT STATEMENT
This bill establishes a National Fish Habitat Board
(Board), which, among other duties, would review and make
recommendations to the U.S. Department of the Interior
regarding fish habitat conservation projects. In reporting the
bill favorably to the House of Representatives, the Committee
on Natural Resources finds that the Board's functions are not
already being performed by one or more agencies or by an
advisory committee already in existence. The Committee finds
that the Board's functions would be better performed by the
proposed Board than by one or more agencies or an existing
advisory committee.
EXISTING PROGRAMS
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program. Such program was not included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139. The Fish Habitat Conservation
Projects program established by Section 6(f) of the bill is
related and complementary to, but not duplicative of, the
following programs identified in the most recent Catalog of
Federal Domestic Assistance published pursuant to 31 U.S.C.
6104: Stewardship Agreements (CFDA No. 10.701);
Interjurisdictional Fisheries Act of 1986 (CFDA No. 11.407);
Cooperative Fishery Statistics (CFDA No. 11.434); Southeast
Area Monitoring and Assessment Program (CFDA No. 11.435);
Regional Fishery Management Councils (CFDA No. 11.441); Gulf
Coast Ecosystem Restoration Science, Observation, Monitoring,
and Technology (CFDA No. 11.451); Unallied Industry Projects
(CFDA No. 11.452); Unallied Management Projects (CFDA No.
11.454); Cooperative Science and Education Program (CFDA No.
11.455); Habitat Conservation (CFDA No. 11.463); Unallied
Science Program (CFDA No. 11.472); Atlantic Coastal Fisheries
Cooperative Management Act (CFDA No. 11.474); Marine Debris
Program (CFDA No. 11.999); Sport Fish Restoration (CFDA No.
15.605); Fish and Wildlife Management Assistance (CFDA No.
15.608); Wildlife Restoration and Basic Hunter Education (CFDA
No. 15.611); Enhanced Hunter Education and Safety (CFDA No.
15.626); Coastal (CFDA No. 15.630); and Partners for Fish and
Wildlife (CFDA No. 15.631).
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes to existing
law.
SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS
None.
[all]