[Senate Report 112-187]
[From the U.S. Government Publishing Office]
Calendar No. 455
112th Congress Report
SENATE
2d Session 112-187
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NATIONAL FISH HABITAT CONSERVATION ACT
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July 17, 2012.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 1201]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 1201) to conserve fish and aquatic
communities in the United States through partnerships that
foster fish habitat conservation, to improve the quality of
life for the people of the United States, and for other
purposes, having considered the same, reports favorably thereon
and recommends that the bill do pass.
GENERAL STATEMENT AND BACKGROUND
S. 1201 seeks to reverse the declines in aquatic habitat
and species across the nation and would codify the National
Fish Habitat Action Plan (Action Plan). The Action Plan focuses
financial and technical resources on the root causes of fish
habitat declines. The Action Plan focuses on the protection and
conservation of intact and healthy aquatic habitats to prevent
their future decline and disruption.
According to U.S. Fish and Wildlife Service (FWS) testimony
before the Committee, aquatic species are some of the most at
risk organisms in the United States. Since 1900, 123 freshwater
species have become extinct in North America. Hundreds of other
fish, mollusks, crayfish and amphibians are imperiled. A 2008
study by USGS scientists concluded that nearly 40 percent of
the nation's fish populations are in decline. The loss and
degradation of aquatic habitat are considered one of the
primary reasons for the vulnerable condition of aquatic
species.
S. 1201 would foster science, communication, and
partnerships to unite diverse stakeholders and focus voluntary
action on conserving priority habitats and encourage private-
public partnerships that are consistent with the goals and
mission of the National Fish Habitat Action Plan, which was
released in 2006.
The goals of the plan are:
(1) to protect and maintain intact and healthy
aquatic systems;
(2) to prevent further degradation of fish habitats
that have been adversely affected;
(3) to reverse declines in the quality and quantity
of aquatic habitats to improve the overall health of
fish and other aquatic organisms;
(4) to increase the quality and quantity of fish
habitats that support a broad natural diversity of fish
and other species.
The legislation would codify the National Fish Habitat
Board, composed of members from federal, state, and tribal
agencies, and non-governmental organizations, which approves
Fish Habitat Partnerships (FHP) and makes recommendations to
the Secretary of the Interior regarding the funding of
conservation projects. The bill also ensures coordination of
ongoing Federal efforts to support the NFHAP by directing the
Director of the FWS to establish the National Fish Habitat
Conservation Partnership Office within the FWS, the National
Oceanic and Atmospheric Administration (NOAA), and the U.S.
Geological Survey (USGS) to provide technical and scientific
assistance to the Partnerships, the project participants, and
the Board. The bill authorizes appropriations for each of
fiscal years 2012 through 2016.
OBJECTIVES OF THE LEGISLATION
The National Fish Habitat Conservation Act (S. 1201) seeks
to conserve fish and aquatic communities in the United States
through partnerships that foster fish habitat conservation and
to improve the quality of life for the people of the United
States.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title; Table of contents
Section 1 provides that this Act may be cited as the
`National Fish Habitat Conservation Act' and includes the table
of contents of the Act.
Section 2. Findings; Purpose
Section 2 includes several findings that highlight the
economic, social, and environmental importance of aquatic
habitats; acknowledge the harmful impacts to the national
economy, environment, and wildlife that result from the
destruction or alteration of aquatic habitats; and, recognize
the need to protect, conserve, and restore the quality of
aquatic habitats.
Section 2 states that the purpose of the Act is to
encourage partnerships among public agencies and other
interested parties consistent with the mission and goals of the
National Fish Habitat Action Plan.
Section 3. Definitions
Section 3 provides definitions of several terms used in the
Act.
Section 4. National Fish Habitat Board
Section 4 establishes the National Fish Habitat Board to
oversee and promote the implementation of the Act, to establish
national goals and priorities, to designate partnerships, and
to review and recommend aquatic habitat projects. This section
describes the composition of the board and the procedures for
appointing and replacing members.
Section 5. Fish Habitat Partnerships
Section 5 establishes procedures for designating Fish
Habitat Partnerships (Partnerships) and outlines criteria for
approval of partnerships. Criteria included are that the
partnership: (1) includes a diverse group of public and private
partners; (2) is organized to promote the health of important
aquatic habitats and distinct geographical areas, keystone fish
species, or system types; (3) identifies strategic fish and
aquatic habitat priorities for the Partnership area; (4) is
able to address issues on a nationally-significant scale; (5)
includes governances structures that reflect the range of all
partners and promotes joint strategic planning; (6)
demonstrates completion of or progress toward development of a
strategic plan to address causes of fish decline; (7) ensures
collaboration in implementing a scientifically-sound and
achievable implementation program.
Section 6. Fish habitat conservation projects
Section 6 establishes procedures for consideration of fish
habitat projects by the Board and criteria for the board to use
in evaluating and recommending projects for funding to the
Secretaries of Interior and Commerce, which the Secretaries
must approve, reject, or reorder within 180 days. All fish
habitat projects will be submitted to the Board by the
Partnerships and must include an evaluation plan designed to--
appropriately assess the biological, ecological, or other
results of the project and reflect appropriate changes to the
fish habitat conservation project if the assessment finds that
the project objectives are not being met. This section also
establishes cost-sharing requirements and includes requirements
related to the acquisition of real property through a fish
habitat project.
Section 7. National Fish Habitat Conservation Partnership Office
Section 7 establishes the National Fish Habitat
Conservation Partnership Office and describes its functions,
which include: providing funding for Partnership projects and
the detail of State and tribal fish and wildlife staff;
facilitating development and approval of Partnerships and
communication and operations of the Partnerships and the Board;
coordinating scientific reporting on projects; and providing
support to the Board for national communication and outreach
efforts that promote public awareness of fish habitat
conservation.
This section also requires the Director of the FWS, in
cooperation with the Assistant Administrator for Fisheries of
NOAA and heads of other appropriate Federal agencies, to
establish an interagency operational plan to guide the efforts
of the Partnership Office and ensure inter-agency coordination.
This section directs the Director of the FWS and Assistant
Administrator for Fisheries of NOAA to provide staff to support
the work of the Partnership Office and authorizes the
Partnership Office to accept staff or support through
interagency details or contractors.
At least once per year, the Director of the FWS must
provide to the Board a report describing the activities of the
National Fish Habitat Conservation Partnership Office.
Section 8. Technical and scientific assistance
Section 8 directs the Director of the FWS, Assistant
Administrator for Fisheries of NOAA, and Director of the United
States Geological Survey (USGS), in coordination with other
appropriate federal agencies, to provide technical and
scientific assistance to develop and implement Partnerships;
assess habitat, conduct strategic planning, and prioritize
efforts; assess projects, support the development and
implementation of fish habitat conservation projects, and
provide recommendations for a national fish habitat assessment;
support science-based monitoring and assessment; and ensure the
availability of experts to conduct scientifically-based
evaluation and reporting of fish habitat conservation projects.
Section 9. Conservation of aquatic habitat for fish and other aquatic
organisms on Federal land
Section 9 provides that the head of each Federal department
and agency responsible for acquiring, managing, or disposing of
Federal land or water must cooperate with the FWS and NOAA to
conserve the aquatic habitats and organisms within the land and
water of the department or agency.
Section 10. Coordination with States and Indian tribes
Section 10 provides that the Secretary of the Interior
shall provide a notice to the appropriate State or tribal
agency within which an activity is planned to be carried out
pursuant with this Act no later than 30 days before the planned
activity is implemented.
Section 11. Accountability and reporting
Section 11 requires the Board to submit reports to
appropriate congressional committees on the implementation of
this Act and the National Fish Habitat Action Plan, which shall
include an estimate of the amounts of aquatic habitats
protected or restored under the National Fish Habitat Action
Plan; a description of public access to aquatic habitats
protected, restored or established; a description of the
opportunities for public fishing; and an assessment of the
status of the fish habitat conservation projects funded under
this Act.
Section 11 requires the Board to submit to the appropriate
congressional committees a report describing the status of
aquatic habitats in the United States by December 31, 2012 and
each five years thereafter.
Section 12. Regulations
Section 12 provides that the Secretary of the Interior may
promulgate such regulations as the Secretary determines
necessary to carry out this Act.
Section 13. Effect of Act
Section 13 states that nothing in this Act establishes a
water right in the United States, affects any water right in
existence, or affects state water law. This section further
clarifies that nothing in the Act affects state rights to
manage wildlife and fish, affects tribal rights, affects
existing federal authorities for land or water acquisition, or
enables the use of funds provided by the Act to acquire real
property without the consent of the property owner. This
section also states that nothing in this Act allows the use of
funds for fish and wildlife mitigation under existing Federal
laws and court settlements.
Section 14. Nonapplicability of Federal Advisory Committee Act
Section 14 provides that the Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the National Fish Habitat
Board or any Partnership.
Section 15. Funding
Section 15 authorizes $7,200,000 for the Secretary of the
Interior to provide funds for fish habitat conservation
projects approved under section 6(f), of which 5 percent shall
be made available for each fiscal year for projects carried out
by Indian tribes. This section authorizes five percent of the
funds appropriated for fish habitat conservation projects for
the National Fish Habitat Conservation Office and requires the
Secretary to annually transfer appropriate amounts to other
federal agencies pursuant to the interagency operation plan
under section 7(c). FWS, NOAA, and USGS are authorized to
receive $500,000 each to provide technical and scientific
assistance. This section authorizes three percent of the funds
appropriated for fish habitat conservation projects for
administrative expenses. All authorizations are for fiscal
years 2012 through 2016.
LEGISLATIVE HISTORY
S. 1201 was introduced by Senator Joseph Lieberman and
Senators Crapo, Tester, Bingaman, Murkowski, Whitehouse,
Begich, Cardin, and Udall of Colorado on June 15, 2011. The
bill was received, read twice, and referred to the Committee on
Environment and Public Works. On June 21, 2012, the full
Committee on Environment and Public Works met to consider the
bill. The bill was ordered reported favorably without amendment
by voice vote.
HEARINGS
In the 111th Congress, on December 3, 2009, the Water and
Wildlife Subcommittee of the Senate Environment and Public
Works Committee held a legislative hearing on multiple wildlife
and invasive species bills, including the National Fish Habitat
Conservation Act.
ROLLCALL VOTES
The Committee on Environment and Public Works met to
consider S. 1201 on June 21, 2012. The bill was ordered
reported favorably by voice with Senators Inhofe and Sessions
recorded as ``No''.
REGULATORY IMPACT STATEMENT
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 1201
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
MANDATES ASSESSMENT
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee noted that the Congressional
Budget Office has found, ``S. 1201 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.''
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
July 2, 2012.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1201, the National
Fish Habitat Conservation Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 1201--National Fish Habitat Conservation Act
Summary: S. 1201 would authorize the appropriation of $29
million over the 2013-2016 period for the Department of the
Interior (DOI) to fund projects to conserve fish habitats. The
legislation also would establish a National Fish Habitat Board
and authorize the appropriation of $6 million over the same
period to establish a National Fish Habitat Conservation
Office, cover certain planning and administrative expenses, and
provide technical and scientific assistance to the board, Fish
Habitat Partnerships (FHPs), and conservation project
participants.
CBO estimates that implementing S. 1201 would cost $32
million over the 2013-2017 period and $3 million after 2017,
assuming appropriation of the specified amounts. Because the
legislation would authorize DOI to accept and use gifts and
donations, enacting the bill could have a negligible impact on
offsetting receipts and associated direct spending; therefore,
pay-as-you-go procedures apply. However, CBO estimates that the
net effect on direct spending would be minimal in each year.
Enacting the bill would not affect revenues.
S. 1201 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1201 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
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By fiscal year, in millions of dollars--
-------------------------------------------------------
2013 2014 2015 2016 2017 2013-2017
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Fish Habitat Conservation Projects:a
Authorization Level................................. 7 7 7 7 0 29
Estimated Outlays................................... 3 5 6 7 4 24
Other Costs:
Authorization Level................................. 2 2 2 2 0 8
Estimated Outlays................................... 2 2 2 2 * 8
Total Changes:
Authorization Level............................. 9 9 9 9 0 37
Estimated Outlays............................... 4 6 8 9 4 32
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Note: Components may not sum to totals because of rounding; * = less than $500,000.
aThe United States Fish and Wildlife Service received $7 million in 2012 for fish habitat conservation projects.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the end of 2012 and that
amounts specified in the bill will be appropriated for each
year.
S. 1201 would establish a National Fish Habitat Board
composed of 27 members from federal, state, and tribal
agencies, and nongovernmental organizations. The board would
approve FHPs formed around specific aquatic habitats and
geographic areas and make recommendations to the Secretary of
the Interior regarding the funding of conservation projects.
Those recommendations would be primarily informed by the FHPs,
which would conduct scientific assessments and identify
strategic priorities on behalf of public and private partners.
Fish habitat conservation projects
S. 1201 would authorize the appropriation of $7.2 million
in each of fiscal years 2013 through 2016 for DOI to provide
funding for projects to conserve fish habitat, including the
acquisition of property. Projects would increase fishing
opportunities for the public; increase public access to land;
protect threatened and endangered species, fish, and fish
habitats; and promote resilience to environmental change. No
project could derive more than 50 percent of its funding from
the federal government unless the project was located on
federal property. Based on the historical spending patterns for
other conservation and land acquisition projects, we estimate
that implementing this provision would cost $24 million over
the 2013-2017 period.
Other costs
S. 1201 would authorize the appropriation of $1.5 million
in each of fiscal years 2013 through 2016 for technical and
scientific assistance to the board, the FHPs, and conservation
project participants. The legislation would provide equal
funding in each year to the Fish and Wildlife Service (FWS),
the National Oceanic and Atmospheric Administration, and the
United States Geological Survey for those purposes. The bill
also would provide amounts totaling 8 percent of the funds
provided for fish habitat conservation projects (which,
assuming appropriation of the full amount, would total about
$600,000), in each of fiscal years 2013-2016 to establish a
National Fish Habitat Conservation Partnership Office within
FWS and for planning and administrative expenses. Based on the
historical spending patterns for programs carried out by each
of the affected agencies, CBO estimates that implementing those
provisions would cost $8 million over the 2013-2016 period.
Intergovernmental and private-sector impact: S. 1201
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. State, local, and tribal governments would
benefit from technical and financial assistance authorized in
the bill. Any costs to those governments would be incurred
voluntarily as a condition of receiving federal assistance.
Estimate prepared by: Federal costs: Jeff LaFave; Impact on
state, local, and tribal governments: Melissa Merrell; Impact
on the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
CHANGES IN EXISTING LAW
Section 12 of rule XXVI of the Standing Rules of the Senate
requires the committee to publish changes in existing law made
by the bill as reported. Passage of this bill will make no
changes to existing law.