National Fish Habitat Conservation Through Partnerships Act

IB Union Calendar No. 255 116TH CONGRESS 1ST SESSION H. R. 1747 [Report No. 116–314] To encourage partnerships among public agencies and other interested persons to promote fish conservation. IN THE HOUSE OF REPRESENTATIVES MARCH 13, 2019 Mr. WITTMAN (for himself and Mr. VEASEY) introduced the following bill; which was referred to the Committee on Natural Resources NOVEMBER 26, 2019 Additional sponsors: Mr. CASE, Ms. LOFGREN, Mr. CARTWRIGHT, Miss GONZA´LEZ-COLO´N of Puerto Rico, Mrs. LURIA, and Mr. KIND NOVEMBER 26, 2019 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on March 13, 2019] VerDate Sep 11 2014 21:25 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1747.RH H1747 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1747 RH A BILL To encourage partnerships among public agencies and other interested persons to promote fish conservation. VerDate Sep 11 2014 21:25 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H1747.RH H1747 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1747 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘National Fish Habitat 4 Conservation Through Partnerships Act’’. 5 SEC. 2. PURPOSE. 6 The purpose of this Act is to encourage partnerships 7 among public agencies and other interested persons to pro- 8 mote fish conservation— 9 (1) to achieve measurable habitat conservation 10 results through strategic actions of Fish Habitat Part- 11 nerships that lead to better fish habitat conditions 12 and increased fishing opportunities by— 13 (A) improving ecological conditions; 14 (B) restoring natural processes; or 15 (C) preventing the decline of intact and 16 healthy systems; 17 (2) to establish a consensus set of national con- 18 servation strategies as a framework to guide future 19 actions and investment by Fish Habitat Partnerships; 20 (3) to broaden the community of support for fish 21 habitat conservation by— 22 (A) increasing fishing opportunities; 23 VerDate Sep 11 2014 21:25 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H1747.RH H1747 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1747 RH (B) fostering the participation of local com- 1 munities, especially young people in local com- 2 munities, in conservation activities; and 3 (C) raising public awareness of the role 4 healthy fish habitat play in the quality of life 5 and economic well-being of local communities; 6 (4) to fill gaps in the National Fish Habitat As- 7 sessment and the associated database of the National 8 Fish Habitat Assessment— 9 (A) to empower strategic conservation ac- 10 tions supported by broadly available scientific 11 information; and 12 (B) to integrate socioeconomic data in the 13 analysis to improve the lives of humans in a 14 manner consistent with fish habitat conservation 15 goals; and 16 (5) to communicate to the public and conserva- 17 tion partners— 18 (A) the conservation outcomes produced col- 19 lectively by Fish Habitat Partnerships; and 20 (B) new opportunities and voluntary ap- 21 proaches for conserving fish habitat. 22 SEC. 3. DEFINITIONS. 23 In this Act: 24 VerDate Sep 11 2014 21:25 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H1747.RH H1747 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1747 RH (1) APPROPRIATE CONGRESSIONAL COMMIT- 1 TEES.—The term ‘‘appropriate congressional commit- 2 tees’’ means— 3 (A) the Committee on Commerce, Science, 4 and Transportation and the Committee on Envi- 5 ronment and Public Works of the Senate; and 6 (B) the Committee on Natural Resources of 7 the House of Representatives. 8 (2) BOARD.—The term ‘‘Board’’ means the Na- 9 tional Fish Habitat Board established by section 4. 10 (3) DIRECTOR.—The term ‘‘Director’’ means the 11 Director of the United States Fish and Wildlife Serv- 12 ice. 13 (4) EPA ASSISTANT ADMINISTRATOR.—The term 14 ‘‘EPA Assistant Administrator’’ means the Assistant 15 Administrator for Water of the Environmental Pro- 16 tection Agency. 17 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 18 has the meaning given to the term ‘‘Indian tribe’’ in 19 section 4 of the Indian Self-Determination and Edu- 20 cation Assistance Act (25 U.S.C. 5304). 21 (6) NOAA ASSISTANT ADMINISTRATOR.—The 22 term ‘‘NOAA Assistant Administrator’’ means the As- 23 sistant Administrator for Fisheries of the National 24 Oceanic and Atmospheric Administration. 25 VerDate Sep 11 2014 21:25 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H1747.RH H1747 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1747 RH (7) PARTNERSHIP.—The term ‘‘Partnership’’ 1 means a self-governed entity designated by Congress 2 as a Fish Habitat Partnership under subsection 3 (d)(6) after a recommendation by the Board under 4 section 5. 5 (8) REAL PROPERTY INTEREST.—The term ‘‘real 6 property interest’’ means an ownership interest in— 7 (A) land; or 8 (B) water (including water rights). 9 (9) MARINE FISHERIES COMMISSIONS.—The 10 term ‘‘Marine Fisheries Commissions’’ means— 11 (A) The Atlantic States Marine Fisheries 12 Commission; 13 (B) the Gulf States Marine Fisheries Com- 14 mission; and 15 (C) the Pacific States Marine Commission. 16 (10) SECRETARY.—The term ‘‘Secretary’’ means 17 the Secretary of the Interior. 18 (11) STATE.—The term ‘‘State’’ means each of 19 the several States, Puerto Rico, American Samoa, 20 Guam, the Northern Mariana Islands, the United 21 States Virgin Islands, and the District of Columbia. 22 (12) STATE AGENCY.—The term ‘‘State agency’’ 23 means— 24 VerDate Sep 11 2014 21:25 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H1747.RH H1747 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 1747 RH (A) the fish and wildlife agency of a State; 1 and 2 (B) any department or division of a depart- 3 ment or agency of a State that manages in the 4 public trust the inland or marine fishery re- 5 sources of the State or sustains the habitat for 6 those fishery resources pursuant to State law or 7 the constitution of the State. 8 SEC. 4. NATIONAL FISH HABITAT BOARD. 9 (a) ESTABLISHMENT.— 10 (1) FISH HABITAT BOARD.—There is established 11 a board, to be known as the ‘‘National Fish Habitat 12 Board’’, whose duties are— 13 (A) to promote, oversee, and coordinate the 14 implementation of this Act; 15 (B) to establish national goals and prior- 16 ities for fish habitat conservation; 17 (C) to recommend to Congress entities for 18 designation as Partnerships; and 19 (D) to review and make recommendations 20 regarding fish habitat conservation projects. 21 (2) MEMBERSHIP.—The Board shall be composed 22 of 25 members, of whom— 23 (A) 1 shall be a representative of the De- 24 partment of the Interior; 25 VerDate Sep 11 2014 21:25 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H1747.RH H1747 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 1747 RH (B) 1 shall be a representative of the United 1 States Geological Survey; 2 (C) 1 shall be a representative of the De- 3 partment of Commerce; 4 (D) 1 shall be a representative of the De- 5 partment of Agriculture; 6 (E) 1 shall be a representative of the Asso- 7 ciation of Fish and Wildlife Agencies; 8 (F) 4 shall be representatives of State agen- 9 cies, 1 of whom shall be nominated by a regional 10 association of fish and wildlife agencies from 11 each of the Northeast, Southeast, Midwest, and 12 Western regions of the United States; 13 (G) 1 shall be a representative of either— 14 (i) Indian Tribes in the State of Alas- 15 ka; or 16 (ii) Indian Tribes in States other than 17 the State of Alaska; 18 (H) 1 shall be a representative of either— 19 (i) the Regional Fishery Management 20 Councils established under section 302 of the 21 Magnuson-Stevens Fishery Conservation 22 and Management Act (16 U.S.C. 1852); or 23 (ii) a representative of the Marine 24 Fisheries Commissions; 25 VerDate Sep 11 2014 21:25 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H1747.RH H1747 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 1747 RH (I) 1 shall be a representative of the 1 Sportfishing and Boating Partnership Council; 2 (J) 7 shall be representatives selected from 3 at least one from each of the following: 4 (i) the recreational sportfishing indus- 5 try; 6 (ii) the commercial fishing industry; 7 (iii) marine recreational anglers; 8 (iv) freshwater recreational anglers; 9 (v) habitat conservation organizations; 10 and 11 (vi) science-based fishery organizations; 12 (K) 1 shall be a representative of a national 13 private landowner organization; 14 (L) 1 shall be a representative of an agri- 15 cultural production organization; 16 (M) 1 shall be a representative of local gov- 17 ernment interests involved in fish habitat res- 18 toration; 19 (N) 2 shall be representatives from different 20 sectors of corporate industries, which may in- 21 clude— 22 (i) natural resource commodity inter- 23 ests, such as petroleum or mineral extrac- 24 tion; 25 VerDate Sep 11 2014 21:25 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H1747.RH H1747 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 1747 RH (ii) natural resource user industries; 1 and 2 (iii) industries with an interest in fish 3 and fish habitat conservation; and 4 (O) 1 shall be a leadership private sector or 5 landowner representative of an active partner- 6 ship. 7 (3) COMPENSATION.—A member of the Board 8 shall serve without compensation. 9 (4) TRAVEL EXPENSES.—A member of the Board 10 may be allowed travel expenses, including per diem in 11 lieu of subsistence, at rates authorized for an em- 12 ployee of an agency under subchapter I of chapter 57 13 of title 5, United States Code, while away from the 14 home or regular place of business of the member in 15 the performance of the duties of the Board. 16 (b) APPOINTMENT AND TERMS.— 17 (1) IN GENERAL.—Except as otherwise provided 18 in this section, a member of the Board described in 19 any of subparagraphs (F) through (O) of subsection 20 (a)(2) shall serve for a term of 3 years. 21 (2) INITIAL BOARD MEMBERSHIP.— 22 (A) IN GENERAL.—The initial Board shall 23 consist of representatives as described in sub- 24 paragraphs (A) through (F) of subsection (a)(2). 25 VerDate Sep 11 2014 21:25 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H1747.RH H1747 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 1747 RH (B) REMAINING MEMBERS.—Not later than 1 60 days after the date of enactment of this Act, 2 the representatives of the initial Board under 3 subparagraph (A) shall appoint the remaining 4 members of the Board described in subpara- 5 graphs (H) through (O) of subsection (a)(2). 6 (C) TRIBAL REPRESENTATIVES.—Not later 7 than 60 days after the enactment of this Act, the 8 Secretary shall provide to the Board a rec- 9 ommendation of not fewer than 3 Tribal rep- 10 resentatives, from which the Board shall appoint 11 1 representative pursuant to subparagraph (G) 12 of subsection (a)(2). 13 (3) STAGGERED TERMS.—Of the members de- 14 scribed in subsection (a)(2)(J) initially appointed to 15 the Board— 16 (A) 2 shall be appointed for a term of 1 17 year; 18 (B) 2 shall be appointed for a term of 2 19 years; and 20 (C) 3 shall be appointed for a term of 3 21 years. 22 (4) VACANCIES.— 23 (A) IN GENERAL.—A vacancy of a member 24 of the Board described in subparagraph (H), (I), 25 VerDate Sep 11 2014 21:25 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H1747.RH H1747 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 1747 RH (J), (K), (L), (M), (N), or (O) of subsection 1 (a)(2) shall be filled by an appointment made by 2 the remaining members of the Board. 3 (B) TRIBAL REPRESENTATIVES.—Following 4 a vacancy of a member of the Board described in 5 subparagraph (G) of subsection (a)(2), the Sec- 6 retary shall recommend to the Board a list of not 7 fewer than 3 Tribal representatives, from which 8 the remaining members of the Board shall ap- 9 point a representative to fill the vacancy. 10 (5) CONTINUATION OF SERVICE.—An individual 11 whose term of service as a member of the Board ex- 12 pires may continue to serve on the Board until a suc- 13 cessor is appointed. 14 (6) REMOVAL.—If a member of the Board de- 15 scribed in any of subparagraphs (H) through (O) of 16 subparagraph (a)(2) misses 3 consecutive regularly 17 scheduled Board meetings, the members of the Board 18 may— 19 (A) vote to remove that member; and 20 (B) appoint another individual in accord- 21 ance with paragraph (4). 22 (c) CHAIRPERSON.— 23 (1) IN GENERAL.—The representative of the As- 24 sociation of Fish and Wildlife Agencies appointed 25 VerDate Sep 11 2014 21:25 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H1747.RH H1747 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 1747 RH under subsection (a)(2)(E) shall serve as Chairperson 1 of the Board. 2 (2) TERM.—The Chairperson of the Board shall 3 serve for a term of 3 years. 4 (d) MEETINGS.— 5 (1) IN GENERAL.—The Board shall meet— 6 (A) at the call of the Chairperson; but 7 (B) not less frequently than twice each cal- 8 endar year. 9 (2) PUBLIC ACCESS.—All meetings of the Board 10 shall be open to the public. 11 (e) PROCEDURES.— 12 (1) IN GENERAL.—The Board shall establish pro- 13 cedures to carry out the business of the Board, includ- 14 ing— 15 (A) a requirement that a quorum of the 16 members of the Board be present to transact 17 business; 18 (B) a requirement that no recommendations 19 may be adopted by the Board, except by the vote 20 of 2⁄3 of all members; 21 (C) procedures for establishing national 22 goals and priorities for fish habitat conservation 23 for the purposes of this Act; 24 VerDate Sep 11 2014 21:25 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H1747.RH H1747 pamtmann on DSKBC07HB2PROD with BILLS 14 •HR 1747 RH (D) procedures for designating Partnerships 1 under section 5; and 2 (E) procedures for reviewing, evaluating, 3 and making recommendations regarding fish 4 habitat conservation projects. 5 (2) QUORUM.—A majority of the members of the 6 Board shall constitute a quorum. 7 SEC. 5. FISH HABITAT PARTNERSHIPS. 8 (a) AUTHORITY TO RECOMMEND.—The Board may 9 recommend to Congress the designation of Fish Habitat 10 Partnerships in accordance with this section. 11 (b) PURPOSES.—The purposes of a Partnership shall 12 be— 13 (1) to work with other regional habitat conserva- 1 [Text truncated for display. Full text available on Congress.gov.]