117th CONGRESS 2d Session |
To require the identification of salmon conservation areas and salmon strongholds, and for other purposes.
Mr. Huffman (for himself, Ms. Bonamici, Mr. Cleaver, Mr. Thompson of California, and Mr. Lowenthal) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To require the identification of salmon conservation areas and salmon strongholds, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the Salmon Focused Investments in Sustainable Habitats Act or the Salmon FISH Act .
Congress finds the following:
(1) Pacific and Atlantic salmon are important for food, culture, ecology, and the economy.
(2) Salmon are especially important to Indian tribes, many of which consider salmon to be sacred and central to their culture, ceremonies, and subsistence.
(3) Such Indian tribes have significant leadership and expertise with respect to salmon.
In this Act:
(1) INDIAN TRIBE. The term Indian tribe has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)).
(2) SALMON. The term salmon means any of the wild anadromous Oncorhynchus species that occur in the Western United States, including
(A) Atlantic salmon (Salmo salar);
(B) chum salmon (Oncorhynchus keta);
(C) pink salmon (Oncorhynchus gorbuscha);
(D) sockeye salmon (Oncorhynchus nerka);
(E) chinook salmon (Oncorhynchus tshawytscha);
(F) coho salmon (Oncorhynchus kisutch); and
(G) steelhead trout (Oncorhynchus mykiss).
(3) SALMON CONSERVATION AREA. The term salmon conservation area means a watershed, a portion of a watershed, mutliple watersheds, or other defined spatial unit that
(A) is identified as a salmon conservation area under section 4(b);
(B) at the time of the identification described in subparagraph (A), meets the biological criteria (as identified by the Administrator of the National Oceanic and Atmospheric Administration and the Director of the Fish and Wildlife Service in coordination with the relevant Federal agency with jurisdiction over such salmon conservation area) for abundance, productivity, diversity (genetic and life history), habitat quality, or other biological attributes important to sustaining viable populations of salmon throughout the range of such salmon; and
(C) is regionally significant for the conservation of salmon.
(4) SALMON STRONGHOLD. The term salmon stronghold means a salmon conservation area that
(A) is identified as a salmon conservation area under section 4(b); and
(B) at the time of the identification described in subparagraph (A), has
(i) relatively high anadromous salmonid abundance, productivity, and diversity (life history and run timing), as well as habitat quality or other biological attributes important to sustaining viable populations of wild salmon throughout the range of such salmon;
(ii) populations of salmon that are strong and diverse; and
(iii) salmon habitats that have a high intrinsic potential to support a particular species or suite of species.
(5) RELEVANT FEDERAL AGENY. The term relevant Federal agency means
(A) the Forest Service;
(B) the Bureau of Land Management;
(C) the National Park Service; and
(D) the Bureau of Indian Affairs.
SEC. 4. Identification of salmon conservation areas and salmon strongholds.
(a) Guidance. Not later than 120 days after the date of the enactment of this Act, the Administrator of the National Oceanic and Atmospheric Administration and the Director of the Fish and Wildlife Service shall jointly issue guidance on the process and biological criteria required to identify salmon conservation areas and salmon strongholds.
(1) IN GENERAL. Not later than 1 year after the date of the enactment of this Act, the Administrator of the National Oceanic and Atmospheric Administration and the Director of the Fish and Wildlife Service, in cooperation with relevant Federal agencies shall publish a list of salmon conservation areas and salmon strongholds.
(2) REVISION. The Administrator of the National Oceanic and Atmospheric Administration and the Director of the Fish and Wildlife Service, in cooperation with each relevant Federal agency shall not less frequently than once every 5 years after the date of the enactment of this Act, revise the list under paragraph (1)
(A) to add subsequently identified salmon conservation areas and salmon strongholds in accordance with subsection (d); and
(B) to remove from such list any areas that no longer qualify as salmon conservation areas or salmon strongholds.
(c) Consultation. In identifying salmon conservation areas and salmon strongholds under subsection (b), the Administrator of the National Oceanic and Atmospheric Administration and the Director of the Fish and Wildlife Service, in cooperation with each relevant Federal agency
(A) the State in which such a salmon conservation area or salmon stronghold under consideration are located; and
(B) Indian tribes that have land, fishing rights, or cultural ties to the area in which the salmon conservation area or salmon strongholds will be prospectively located; and
(A) nongovernmental organizations;
(B) non-Federal scientists; and
(C) members of the public.
(d) Subsequent identification and revision.
(1) IN GENERAL. Not later than 90 days after the date described in subsection (b)(1), an entity described in paragraph (1) or paragraph (2) subsection (c) may nominate to the Administrator of the National Oceanic and Atmospheric Administration and the Director of the Fish and Wildlife Service a salmon conservation area or salmon stronghold for identification under subsection (b).
(2) REVIEW. In the case of a nomination described in paragraph (1), not later than 180 days after receiving such nomination, the Administrator of the National Oceanic and Atmospheric Administration and the Director of the Fish and Wildlife Service shall jointly determine if the nominated watershed is a salmon conservation area or salmon stronghold and provide to the entity that provided the nomination under paragraph (1) a written explanation with respect to such determination.
(e) Watershed management and restoration identification. The Administrator of the National Oceanic and Atmospheric Administration and the Director of the Fish and Wildlife Service, in cooperation with the Secretary of Agriculture shall use watershed evaluations conducted under the Watershed Condition Framework under section 304 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6543) and other relevant watershed analyses to support the identification of salmon conservation areas and salmon strongholds under this section.
(f) Essential fish habitat. The Administrator of the National Oceanic and Atmospheric Administration and the Director of the Fish and Wildlife Service shall use the analyses conducted by the Administrator under section 305(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(b)) to identify, map, and designate essential fish habitat to support the identification of salmon conservation areas and salmon strongholds under this section.
SEC. 5. Effect of identification.
(a) Priority for forest road decommissioning. The Secretary of Agriculture
(1) shall give priority to forest road decommissioning (as defined in section 212.1 of title 36, Code of Federal Regulations) and fish passage projects within or directly affecting a salmon conservation area or salmon stronghold; and
(2) may not carry out the forest road decommissioning or fish passage projects described in paragraph (1) unless the Secretary of Agriculture has, with respect to ensuring that the habitats of salmon conservation areas and salmon strongholds are not degraded, consulted with the
(A) entities described in paragraphs (1) and (2) of section 4(c);
(B) Administrator of the National Oceanic and Atmospheric Administration, acting through the Administrator of the National Marine Fisheries Service; and
(C) Director of the Fish and Wildlife Service;
(1) NOTIFICATION OF SECRETARY OF STATE. If any salmon conservation area or salmon stronghold is determined by a Federal agency to be negatively impacted by transboundary pollution or other international actions originating in Canada, the head of the Federal agency shall notify the Secretary of State.
(2) ACTION REQUIRED. Not later than 30 days after receiving a notification under paragraph (1), the Secretary of State shall consult with representatives from Canada to resolve the issue for which the Secretary of State was notified under such paragraph.
(3) REFERRAL TO INTERNATIONAL JOINT COMMISSION. If the issue for which the Secretary of State was notified under paragraph (1) is not resolved on a date that is 6 months after the date of notification under such paragraph
(A) the Secretary of State shall request to submit a joint referral to the International Joint Commission with Canada to research and provide recommendations to resolve such issue; and
(B) if a joint referral under subparagraph (A) is not submitted, the Secretary of State shall refer such issue to the International Joint Commission.
SEC. 6. Watershed management and restoration program.
Section 304 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6543) is amended by adding at the end the following:
(d) Authorization of appropriations.
(1) IN GENERAL. There is authorized to be appropriated to carry out this section and the purpose described in paragraph (2), $40,000,000 for fiscal year 2023 and each of the 4 fiscal years thereafter.
(2) PRESERVE SALMON HABITAT WATERSHEDS. The Secretary shall use a portion of the funds appropriated pursuant to paragraph (1) to provide funds to programs that preserve watersheds that are salmon habitats.
(3) ADDITIONAL WATERSHED PERMISSIBLE. Notwithstanding any other provision of this section, the Secretary may use funds appropriated under this subsection to identify additional priority watersheds in each National Forest if such watersheds, or portion