---
kind: "section"
citation: "16 U.S.C. § 8204"
title: "16"
title_heading: "Conservation"
number: "8204"
heading: "Fish Habitat Partnerships"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/8204"
units:
  - "Chapter 101 — National Fish Habitat Conservation Through Partnerships"
---

# §8204. Fish Habitat Partnerships

- (a) **Authority to recommend—** The [Board](/usc/16/8202.md?p=2) may recommend to Congress the designation of Fish Habitat [Partnerships](/usc/16/8202.md?p=7) in accordance with this section.
- (b) **Purposes—** The purposes of a [Partnership](/usc/16/8202.md?p=7) 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](/usc/16/8202.md?p=7);
  - (6) to use adaptive management principles, including evaluation of [project](/usc/16/410r–5.md?p=c-4) 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](/usc/16/410r–5.md?p=c-4) that improve conditions for fish and fish habitat.
- (c) **Criteria for designation—** An entity seeking to be designated by Congress as a [Partnership](/usc/16/8202.md?p=7) shall—
  - (1) submit to the [Board](/usc/16/8202.md?p=2) an application at such time, in such manner, and containing such information as the [Board](/usc/16/8202.md?p=2) may reasonably require; and
  - (2) demonstrate to the [Board](/usc/16/8202.md?p=2) 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](/usc/16/410r–5.md?p=c-4) that support the goals and national priorities set by the [Board](/usc/16/8202.md?p=2) that are within the [Partnership](/usc/16/8202.md?p=7) 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](/usc/16/8202.md?p=7) and supports and meets the strategic priorities of the [Board](/usc/16/8202.md?p=2);
    - (F) the ability to develop and implement fish habitat conservation [projects](/usc/16/410r–5.md?p=c-4) that address strategic priorities of the [Partnership](/usc/16/8202.md?p=7) and the [Board](/usc/16/8202.md?p=2); 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](/usc/16/410r–5.md?p=c-4) of the [Partnership](/usc/16/8202.md?p=7), and a clear plan as to how [Partnership](/usc/16/8202.md?p=7) science and data components will be integrated with the overall [Board](/usc/16/8202.md?p=2) science and data effort.
- (d) **Requirements for recommendation to Congress—** The [Board](/usc/16/8202.md?p=2) may recommend to Congress for designation an application for a [Partnership](/usc/16/8202.md?p=7) submitted under [subsection (c)](#c) if the [Board](/usc/16/8202.md?p=2) determines that the applicant—
  - (1) meets the criteria described in [subsection (c)(2)](#c-2);
  - (2) identifies representatives to provide support and technical assistance to the [Partnership](/usc/16/8202.md?p=7) from a diverse group of public and private partners, which may include [State](/usc/16/8202.md?p=11) or local governments, nonprofit entities, [Indian Tribes](/usc/16/544.md?p=g), 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](/usc/16/8202.md?p=7) [area](/usc/16/539m–1.md?p=1-A) in the form of geographical focus [areas](/usc/16/539m–1.md?p=1-A) 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](/usc/16/8202.md?p=2); 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 October 30, 2020, and, subject to [paragraph (3)](#e-3), each February 1 thereafter, the [Board](/usc/16/8202.md?p=2) shall develop and submit to the [appropriate congressional committees](/usc/16/8202.md?p=1) an annual report, to be entitled “Report to Congress on Future Fish Habitat [Partnerships](/usc/16/8202.md?p=7) and Modifications”, that—
    - (A) identifies each entity that—
      - (i) meets the requirements described in [subsection (d)](#d); and
      - (ii) the [Board](/usc/16/8202.md?p=2) recommends to Congress for designation as a [Partnership](/usc/16/8202.md?p=7);
    - (B) describes any proposed modifications to a [Partnership](/usc/16/8202.md?p=7) previously designated by Congress under [subsection (f)](#f);[^1]
    - (C) with respect to each entity recommended for designation as a [Partnership](/usc/16/8202.md?p=7), describes, to the maximum extent practicable—
      - (i) the purpose of the recommended [Partnership](/usc/16/8202.md?p=7); and
      - (ii) how the recommended [Partnership](/usc/16/8202.md?p=7) fulfills the requirements described in [subsection (d)](#d).
  - (2) **Public availability; notification—** The [Board](/usc/16/8202.md?p=2) shall—
    - (A) make the report publicly available, including on the internet; and
    - (B) provide to the [appropriate congressional committees](/usc/16/8202.md?p=1) and the [State agency](/usc/16/8202.md?p=12) of any [State](/usc/16/8202.md?p=11) included in a recommended [Partnership](/usc/16/8202.md?p=7) [area](/usc/16/539m–1.md?p=1-A) written notification of the public availability of the report.
  - (3) **Limitation—** The [Board](/usc/16/8202.md?p=2) shall only submit a report required under [paragraph (1)](#e-1) in the fiscal years in which the [Board](/usc/16/8202.md?p=2) is proposing modifications to, or new designations of, 1 or more [Partnerships](/usc/16/8202.md?p=7).
- (f) **Designation or modification of Partnership—**
  - (1) **In general—** Congress shall have the exclusive authority to designate or modify a [Partnership](/usc/16/8202.md?p=7).
  - (2) **Designation or modification process—** A [Partnership](/usc/16/8202.md?p=7) designation or modification the [Board](/usc/16/8202.md?p=2) 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.
- (g) **Existing partnerships—**
  - (1) **Designation review—** Not later than 5 years after October 30, 2020, any [partnership](/usc/16/8202.md?p=7) 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](/usc/16/8202.md?p=7) under [subsection (f)](#f).
  - (2) **Ineligibility for Federal funds—** A [partnership](/usc/16/8202.md?p=7) referred to in [paragraph (1)](#g-1) that Congress does not designate as described in that paragraph shall be ineligible to receive Federal funds under this chapter.

## Footnotes

[^1]: So in original. Probably should be followed by “and”.

## Source credit

(Pub. L. 116–188, title II, § 204, Oct. 30, 2020, 134 Stat. 928; Pub. L. 118–198, title II, § 202, Dec. 23, 2024, 138 Stat. 2681.)

## Notes

### Editorial Notes

### Amendments

2024—Subsec. (e)(1). Pub. L. 118–198, § 202(1)(A), inserted “, subject to paragraph (3),” after “October 30, 2020, and” in introductory provisions.

Subsec. (e)(3). Pub. L. 118–198, § 202(1)(B), added par. (3).

Subsec. (f). Pub. L. 118–198, § 202(2), amended subsec. (f) generally. Prior to amendment, text read as follows: “Congress shall have the exclusive authority to designate or modify a Partnership.”