§8202. Definitions — Inbound Citations
16 U.S.C. § 8202
Cited by 182 provisions in release 119-102.
Citations to §8202(1)
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(1) Not later than February 1 of the first fiscal year beginning after October 30, 2020, and, subject to paragraph (3), 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);1(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).
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(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.
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(3) 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.
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(a) Not later than 5 years after October 30, 2020, and every 5 years thereafter, the Board shall submit to the appropriate congressional committees a report describing the progress of this chapter.
Citations to §8202(2)
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(1) 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 chapter;(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.
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(2) The Board shall be composed of 28 members, of whom—(A) 2 shall be representatives of the Department of the Interior, including the United States Fish and Wildlife Service and the Bureau of Land Management;(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) 2 shall be representatives of Indian Tribes, of whom—(i) 1 shall be a representative of Indian Tribes in the State of Alaska; and(ii) 1 shall be a representative of Indian Tribes in States other than the State of Alaska;(H) 2 shall be representatives of—(i) the Regional Fishery Management Councils established by section 1852(a)(1) of this title; or(ii) the Marine Fisheries Commissions;(I) 1 shall be a representative of the Sport Fishing 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 an individual in a leadership position in the private sector or landowner representative of an active partnership.
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(3) A member of the Board shall serve without compensation.
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(4) 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, while away from the home or regular place of business of the member in the performance of the duties of the Board.
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(B) Not later than 60 days after October 30, 2020, 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).
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(C) Not later than 60 days after October 30, 2020, the Secretary shall provide to the Board a recommendation of not fewer than three Tribal representatives, from which the Board shall appoint one representative pursuant to subparagraph (G) of subsection (a)(2).
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(3) Of the members described in subsection (a)(2)(J) initially appointed to the Board—(A) two shall be appointed for a term of 1 year;(B) two shall be appointed for a term of 2 years; and(C) three shall be appointed for a term of 3 years.
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(B) 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 three Tribal representatives, from which the remaining members of the Board shall appoint a representative to fill the vacancy.
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(6) If a member of the Board described in any of subparagraphs (H) through (O) of subparagraph (a)(2) misses three 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).
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(1) The representative of the Association of Fish and Wildlife Agencies appointed under subsection (a)(2)(E) shall serve as Chairperson of the Board.
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(2) The Chairperson of the Board shall serve for a term of 3 years.
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(1) The Board shall meet—(A) at the call of the Chairperson; but(B) not less frequently than twice each calendar year.
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(2) All meetings of the Board shall be open to the public.
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(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 two-thirds of the members present;(C) procedures for establishing national goals and priorities for fish habitat conservation for the purposes of this chapter;(D) procedures for designating Partnerships under section 8204 of this title; and(E) procedures for reviewing, evaluating, and making recommendations regarding fish habitat conservation projects.
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(A) a requirement that a quorum of the members of the Board be present to transact business;
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(B) a requirement that no recommendations may be adopted by the Board, except by the vote of two-thirds of the members present;
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(2) A majority of the members of the Board shall constitute a quorum.
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(a) The Board may recommend to Congress the designation of Fish Habitat Partnerships in accordance with this section.
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(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.
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(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;
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(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;
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(F) the ability to develop and implement fish habitat conservation projects that address strategic priorities of the Partnership and the Board; and
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(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.
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(d) 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, coral reefs, 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.
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(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
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(1) Not later than February 1 of the first fiscal year beginning after October 30, 2020, and, subject to paragraph (3), 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);1(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).
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(ii) the Board recommends to Congress for designation as a Partnership;
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(2) 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.
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(3) The Board shall only submit a report required under paragraph (1) in the fiscal years in which the Board is proposing modifications to, or new designations of, 1 or more Partnerships.
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(2) A Partnership designation or modification the Board recommends to Congress shall be deemed to be approved by Congress if Congress does not pass a joint resolution of disapproval with respect to the designation or modification by the date that is 90 days after the date on which the relevant congressional committees receive such recommendation.
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(a) 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 chapter.
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(c) 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 chapter;(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.
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(B) addresses the national priorities established by the Board;
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(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;
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(1) No fish habitat conservation project may be recommended by the Board under subsection (b) or provided financial assistance under this chapter 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.
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(D) to require the submission to the Board of a report describing the findings of the assessment.
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(ii) a scientifically based, direct enhancement to the health of fish and fish populations, as determined by the Board.
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(ii) 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.
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(C) The Board may not recommend, and the Secretary may not provide any funding under this chapter 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.
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(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.
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(1) 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.
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(3) 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.
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(a) The Director, the National Oceanic and Atmospheric Administration Assistant Administrator, the Environmental Protection Agency Assistant Administrator, and the Director of the United States Geological Survey, in coordination with the Forest Service, the Bureau of Land Management, and other appropriate Federal departments and agencies, may provide scientific and technical assistance to Partnerships, participants in fish habitat conservation projects, and the Board.
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(3) supporting the development and implementation of fish habitat conservation projects that are identified as high priorities by Partnerships and the Board;
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(7) providing resources to secure State agency scientific and technical assistance to support Partnerships, participants in fish habitat conservation projects, and the Board.
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Not later than 1 year after October 30, 2020, and every 5 years thereafter, the Director, in cooperation with the National Oceanic and Atmospheric Administration Assistant Administrator, the Environmental Protection Agency 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—
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(a) Not later than 5 years after October 30, 2020, and every 5 years thereafter, the Board shall submit to the appropriate congressional committees a report describing the progress of this chapter.
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(A) a description of the fish habitat conservation projects recommended by the Board under section 8205(b) of this title;
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(D) a justification for any rejection of a fish habitat conservation project recommended by the Board under section 8205(b) of this title that was based on a factor other than the criteria described in section 8205(c) of this title; and
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(1) the Board; or
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(1) on the recommendation of the Board, and notwithstanding sections 6304 and 6305 of title 31 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 chapter for a fish habitat conservation project or restoration or enhancement project;
Citations to §8202(3)
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(a) The Director, the National Oceanic and Atmospheric Administration Assistant Administrator, the Environmental Protection Agency Assistant Administrator, and the Director of the United States Geological Survey, in coordination with the Forest Service, the Bureau of Land Management, and other appropriate Federal departments and agencies, may provide scientific and technical assistance to Partnerships, participants in fish habitat conservation projects, and the Board.
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Not later than 1 year after October 30, 2020, and every 5 years thereafter, the Director, in cooperation with the National Oceanic and Atmospheric Administration Assistant Administrator, the Environmental Protection Agency 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—
Citations to §8202(4)
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(a) The Director, the National Oceanic and Atmospheric Administration Assistant Administrator, the Environmental Protection Agency Assistant Administrator, and the Director of the United States Geological Survey, in coordination with the Forest Service, the Bureau of Land Management, and other appropriate Federal departments and agencies, may provide scientific and technical assistance to Partnerships, participants in fish habitat conservation projects, and the Board.
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Not later than 1 year after October 30, 2020, and every 5 years thereafter, the Director, in cooperation with the National Oceanic and Atmospheric Administration Assistant Administrator, the Environmental Protection Agency 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—
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(C) $400,000 to the Environmental Protection Agency Assistant Administrator for use by the Environmental Protection Agency;
Citations to §8202(5)
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(3) Notwithstanding paragraph (1) or any other provision of law, any funds made available to an Indian Tribe pursuant to this chapter may be considered to be non-Federal funds for the purpose of paragraph (1).
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(4) The Secretary, in consultation with the Secretary of Commerce with respect to marine or estuarine projects, may waive the application of paragraph (2)(A) with respect to a State or an Indian Tribe, or otherwise reduce the portion of the non-Federal share of the cost of an activity required to be paid by a State or an Indian Tribe under paragraph (1), if the Secretary determines that the State or Indian Tribe does not have sufficient funds not derived from another Federal grant program to pay such non-Federal share, or portion of the non-Federal share, without the use of loans.
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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 chapter, including notification, by not later than 30 days before the date on which the activity is implemented.
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(d) Nothing in this chapter 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.
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(1) an agreement between the Indian Tribe and the United States;
Citations to §8202(6)
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(a) The Director, the National Oceanic and Atmospheric Administration Assistant Administrator, the Environmental Protection Agency Assistant Administrator, and the Director of the United States Geological Survey, in coordination with the Forest Service, the Bureau of Land Management, and other appropriate Federal departments and agencies, may provide scientific and technical assistance to Partnerships, participants in fish habitat conservation projects, and the Board.
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Not later than 1 year after October 30, 2020, and every 5 years thereafter, the Director, in cooperation with the National Oceanic and Atmospheric Administration Assistant Administrator, the Environmental Protection Agency 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—
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(B) $400,000 to the National Oceanic and Atmospheric Administration Assistant Administrator for use by the National Oceanic and Atmospheric Administration;
Citations to §8202(7)
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The purpose of this chapter is to encourage partnerships among public agencies and other interested persons to promote fish conservation—
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(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;
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(2) to establish a consensus set of national conservation strategies as a framework to guide future actions and investment by Fish Habitat Partnerships;
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(A) the conservation outcomes produced collectively by Fish Habitat Partnerships; and
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(C) to recommend to Congress entities for designation as Partnerships; and
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(I) 1 shall be a representative of the Sport Fishing and Boating Partnership Council;
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(O) 1 shall be an individual in a leadership position in the private sector or landowner representative of an active partnership.
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(D) procedures for designating Partnerships under section 8204 of this title; and
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(a) The Board may recommend to Congress the designation of Fish Habitat Partnerships in accordance with this section.
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(b) 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.
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(5) to leverage funding from sources that support local and regional partnerships;
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(c) 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.
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(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;
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(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;
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(F) the ability to develop and implement fish habitat conservation projects that address strategic priorities of the Partnership and the Board; and
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(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.
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(d) 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, coral reefs, 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.
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(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;
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(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;
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(1) Not later than February 1 of the first fiscal year beginning after October 30, 2020, and, subject to paragraph (3), 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);1(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).
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(ii) the Board recommends to Congress for designation as a Partnership;
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(B) describes any proposed modifications to a Partnership previously designated by Congress under subsection (f);1
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(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).
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(i) the purpose of the recommended Partnership; and
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(ii) how the recommended Partnership fulfills the requirements described in subsection (d).
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(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.
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(3) The Board shall only submit a report required under paragraph (1) in the fiscal years in which the Board is proposing modifications to, or new designations of, 1 or more Partnerships.
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(1) Congress shall have the exclusive authority to designate or modify a Partnership.
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(2) A Partnership designation or modification the Board recommends to Congress shall be deemed to be approved by Congress if Congress does not pass a joint resolution of disapproval with respect to the designation or modification by the date that is 90 days after the date on which the relevant congressional committees receive such recommendation.
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(1) Not later than 5 years after October 30, 2020, any partnership receiving Federal funds as of October 30, 2020, shall be subject to a designation review by Congress in which Congress shall have the opportunity to designate the partnership under subsection (f).
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(2) 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 chapter.
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(a) 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 chapter.
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(1) A recommendation of the Partnership that is, or will be, participating actively in implementing the fish habitat conservation project.
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(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 chapter;
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(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;
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(C) The Board may not recommend, and the Secretary may not provide any funding under this chapter 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.
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(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.
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(1) The non-Federal share of the total cost of all fish habitat conservation projects carried out by a Partnership each year shall be at least 50 percent.
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(3) 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.
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(a) The Director, the National Oceanic and Atmospheric Administration Assistant Administrator, the Environmental Protection Agency Assistant Administrator, and the Director of the United States Geological Survey, in coordination with the Forest Service, the Bureau of Land Management, and other appropriate Federal departments and agencies, may provide scientific and technical assistance to Partnerships, participants in fish habitat conservation projects, and the Board.
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(1) providing technical and scientific assistance to States, Indian Tribes, regions, local communities, and nongovernmental organizations in the development and implementation of Partnerships;
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(2) providing technical and scientific assistance to Partnerships for habitat assessment, strategic planning, and prioritization;
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(3) supporting the development and implementation of fish habitat conservation projects that are identified as high priorities by Partnerships and the Board;
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(4) supporting and providing recommendations regarding the development of science-based monitoring and assessment approaches for implementation through Partnerships;
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(7) providing resources to secure State agency scientific and technical assistance to support Partnerships, participants in fish habitat conservation projects, and the Board.
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(1) 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 chapter during the 5-year period ending on the date of submission of the report;
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(4) a description of the status of fish habitats in the United States as identified by Partnerships; and
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(2) any Partnership.
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(1) There is authorized to be appropriated to the Secretary $7,200,000 for each of fiscal years 2021 through 2030 to provide funds for Partnership operations under section 8204 of this title and fish habitat conservation projects approved under section 8205(f) of this title, of which 5 percent is authorized only for projects carried out by Indian Tribes.
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(1) on the recommendation of the Board, and notwithstanding sections 6304 and 6305 of title 31 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 chapter for a fish habitat conservation project or restoration or enhancement project;
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Any Partnership designated under this chapter—
Citations to §8202(8)
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(i) All real property interest acquisition projects funded under this chapter must be approved by the State agency in the State in which the project is occurring.
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(ii) 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.
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(C) The Board may not recommend, and the Secretary may not provide any funding under this chapter 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.
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(D) 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 chapter, 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.
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(1) Nothing in this chapter permits the use of funds made available to carry out this chapter 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.
Citations to §8202(9)
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(ii) the Marine Fisheries Commissions;
Citations to §8202(10)
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(C) Not later than 60 days after October 30, 2020, the Secretary shall provide to the Board a recommendation of not fewer than three Tribal representatives, from which the Board shall appoint one representative pursuant to subparagraph (G) of subsection (a)(2).
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(B) 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 three Tribal representatives, from which the remaining members of the Board shall appoint a representative to fill the vacancy.
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(c) 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 chapter;(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.
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(ii) 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.
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(C) The Board may not recommend, and the Secretary may not provide any funding under this chapter 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.
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(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.
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(4) The Secretary, in consultation with the Secretary of Commerce with respect to marine or estuarine projects, may waive the application of paragraph (2)(A) with respect to a State or an Indian Tribe, or otherwise reduce the portion of the non-Federal share of the cost of an activity required to be paid by a State or an Indian Tribe under paragraph (1), if the Secretary determines that the State or Indian Tribe does not have sufficient funds not derived from another Federal grant program to pay such non-Federal share, or portion of the non-Federal share, without the use of loans.
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(1) 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.
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(2) If the Secretary approves a fish habitat conservation project under paragraph (1), the Secretary shall use amounts made available to carry out this chapter to provide funds to carry out the fish habitat conservation project.
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(3) 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.
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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 chapter, including notification, by not later than 30 days before the date on which the activity is implemented.
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(B) a description of each fish habitat conservation project approved by the Secretary under section 8205(f) of this title, in order of priority for funding;
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(2) authorizes the Secretary to control or regulate within a State the fishing or hunting of fish and wildlife.
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(e) Nothing in this chapter 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 666 of title 43.
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(1) There is authorized to be appropriated to the Secretary $7,200,000 for each of fiscal years 2021 through 2030 to provide funds for Partnership operations under section 8204 of this title and fish habitat conservation projects approved under section 8205(f) of this title, of which 5 percent is authorized only for projects carried out by Indian Tribes.
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(2) There is authorized to be appropriated to the Secretary for each of fiscal years 2021 through 2030 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 chapter; and(B) to carry out section 8209 of this title.
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(A) $400,000 to the Secretary for use by the United States Fish and Wildlife Service;
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(D) $400,000 to the Secretary for use by the United States Geological Survey; and
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(E) $400,000 to the Secretary of Agriculture, acting through the Chief of the Forest Service, for use by the Forest Service.
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(b) The Secretary may—(1) on the recommendation of the Board, and notwithstanding sections 6304 and 6305 of title 31 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 chapter 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 chapter; 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 chapter.
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(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 chapter.
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(1) The Secretary may—(A) enter into an agreement with any organization described in section 501(c)(3) of title 26 that is exempt from taxation under section 501(a) of title 26 to solicit private donations to carry out the purposes of this chapter; and(B) accept donations of funds, property, and services to carry out the purposes of this chapter.
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(i) used directly by the Secretary; or
Citations to §8202(11)
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(i) 1 shall be a representative of Indian Tribes in the State of Alaska; and
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(ii) 1 shall be a representative of Indian Tribes in States other than the State of Alaska;
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(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;
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(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.
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(B) will be carried out through a cooperative agreement among Federal, State, and local governments, Indian Tribes, and private entities;
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(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
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(A) 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 chapter 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.
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(i) All real property interest acquisition projects funded under this chapter must be approved by the State agency in the State in which the project is occurring.
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(C) The Board may not recommend, and the Secretary may not provide any funding under this chapter 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.
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(D) 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 chapter, 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.
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(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.
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(4) The Secretary, in consultation with the Secretary of Commerce with respect to marine or estuarine projects, may waive the application of paragraph (2)(A) with respect to a State or an Indian Tribe, or otherwise reduce the portion of the non-Federal share of the cost of an activity required to be paid by a State or an Indian Tribe under paragraph (1), if the Secretary determines that the State or Indian Tribe does not have sufficient funds not derived from another Federal grant program to pay such non-Federal share, or portion of the non-Federal share, without the use of loans.
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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 chapter, including notification, by not later than 30 days before the date on which the activity is implemented.
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(E) an accounting of expenditures by Federal, State, or local governments, Indian Tribes, or other entities to carry out fish habitat conservation projects under this chapter.
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(3) preempts or affects any State water law or interstate compact governing water; or
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(4) affects any Federal or State law in existence on October 30, 2020, regarding water quality or water quantity.
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(b) 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 8212 of this title.
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(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
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(2) authorizes the Secretary to control or regulate within a State the fishing or hunting of fish and wildlife.
Citations to §8202(12)
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(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;
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(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.
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(D) advances the conservation of fish and wildlife species that have been identified by a State agency as species of greatest conservation need;
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(i) All real property interest acquisition projects funded under this chapter must be approved by the State agency in the State in which the project is occurring.
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(ii) 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.
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(7) providing resources to secure State agency scientific and technical assistance to support Partnerships, participants in fish habitat conservation projects, and the Board.
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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 chapter, including notification, by not later than 30 days before the date on which the activity is implemented.