Sec. 6. Fish habitat conservation projects
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Not later than March 31 of each calendar year, each Partnership shall submit to the Board a list of fish habitat conservation projects recommended by the Partnership for annual funding under this Act. Not later than July 1 of each calendar year, the Board shall submit to the Secretary a description, including estimated costs, of each fish habitat conservation project that the Board recommends that the Secretary approve and fund under this Act, in order of priority, for the following fiscal year.
The Board shall select each fish habitat conservation project to be recommended to the Secretary under subsection (b)— based on a recommendation of the Partnership that is, or will be, participating actively in carrying out the fish habitat conservation project; and after taking into consideration— the extent to which the fish habitat conservation project fulfills a purpose of this Act or a goal of the National Fish Habitat Action Plan; the extent to which the fish habitat conservation project addresses the national priorities established by the Board; the availability of sufficient non-Federal funds to match Federal contributions for the fish habitat conservation project, as required by subsection (e); the extent to which the fish habitat conservation project— increases recreational fishing opportunities for the public; will be carried out through a cooperative agreement among Federal, State, and local governments, Indian tribes, and private entities; increases public access to land or water for fish and wildlife-dependent recreational opportunities; advances the conservation of fish and wildlife species that have been identified by the States as species in greatest need of conservation; 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.), other relevant Federal law, and State wildlife action plans; and promotes strong and healthy fish habitats such that desired biological communities are able to persist and adapt; and the substantiality of the character and design of the fish habitat conservation project.
No fish habitat conservation project may be recommended by the Board under subsection
(b)or provided financial assistance under this Act unless the fish habitat conservation project includes an evaluation plan designed— to appropriately assess the biological, ecological, or other results of the habitat protection, restoration, or enhancement activities carried out using the assistance; 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; to identify improvements to existing recreational fishing opportunities and the overall economic benefits for the local community of the fish habitat conservation project; and to require the submission to the Board of a report describing the findings of the assessment. Subject to clause (ii), a State, local government, or other non-Federal entity shall be eligible to receive funds under this Act for the acquisition of real property. No fish habitat conservation project that will result in the acquisition by a State, local government, or other non-Federal entity, in whole or in part, of any real property interest may be recommended by the Board under subsection
(b)or provided financial assistance under this Act unless the project meets the requirements of subparagraph (B). 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 unless— the Secretary determines that the State, local government, or other non-Federal entity is obligated to undertake the management of the real property being acquired in accordance with the purposes of this Act; and the owner of the real property authorizes the State, local government, or other non-Federal entity to acquire the real property. Any real property interest acquired by a State, local government, or other non-Federal entity pursuant to a fish habitat conservation project shall be subject to terms and conditions established by the Secretary providing for the long-term conservation and management of the fish habitat and the fish and wildlife dependent on that habitat. Any acquisition of fee title to real property by a State, local government, or non-Federal entity pursuant to this Act shall, where applicable and consistent with State laws and regulations, provide public access to that real property for compatible fish and wildlife-dependent recreation. Public access to real property described in subclause
(I)shall be closed only for purposes of protecting public safety, the property, or habitat. Any real property interest acquired by a State, local government, or other non-Federal entity under this Act shall be approved by the applicable State agency in the State in which the fish habitat conservation project is carried out. The Board shall not recommend, and the Secretary shall not provide any funding under this Act for, the acquisition of any real property interest described in subclause
(I)that has not been approved by the applicable State agency. If the State, local government, or other non-Federal entity violates any term or condition established by the Secretary under clause (ii), the Secretary may require the State, local government, or other non-Federal entity to refund all or part of any payments received under this Act, with interest on the payments as determined appropriate by the Secretary. Except as provided in paragraph (2), no fish habitat conservation project may be recommended by the Board under subsection
(b)or provided financial assistance under this Act unless at least 50 percent of the cost of the fish habitat conservation project will be funded with non-Federal funds. Notwithstanding paragraph (1), Federal funds may be used for payment of 100 percent of the costs of a fish habitat conservation project located on Federal land or water. The non-Federal share of the cost of a fish habitat conservation project— may not be derived from a Federal grant program; but may include in-kind contributions and cash. Notwithstanding paragraph
(1)or any other provision of law, any funds made available to an Indian tribe pursuant to this Act may be considered to be non-Federal funds for the purpose of paragraph (1). Not later than 180 days after the date of receipt of the recommendations of the Board for fish habitat conservation projects under subsection (b), subject to the limitations under subsection (d), and based, to the maximum extent practicable, on the criteria described in subsection (c)— the Secretary shall approve, reject, or reorder the priority of any fish habitat conservation project recommended by the Board that is not within a marine or estuarine habitat; and the Secretary and the Secretary of Commerce shall jointly approve, reject, or reorder the priority of any fish habitat conservation project recommended by the Board that is within a marine or estuarine habitat. If a fish habitat conservation project under paragraph
(1)is approved by the Secretary, or the Secretary and the Secretary of Commerce jointly, the Secretary, or the Secretary and the Secretary of Commerce jointly, as applicable, shall use amounts made available to carry out this Act to provide funds to carry out the fish habitat conservation project. If the priority of any fish habitat conservation project recommended by the Board under subsection
(b)is rejected or reordered by the Secretary, or the Secretary and the Secretary of Commerce jointly, the Secretary, or the Secretary and the Secretary of Commerce jointly, shall, not later than 180 days after the date of receipt of the recommendations, provide to the Board, the appropriate Partnership, and the appropriate congressional committees a written statement of the Secretary, or the Secretary and the Secretary of Commerce jointly, as applicable, detailing the reasons why the Secretary or the Secretary and the Secretary of Commerce jointly rejected or reordered the priority of the fish habitat conservation project.
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Sec. 6
Fish habitat conservation projects
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