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16 U.S.C. § 8204Fish Habitat Partnerships

submitted 6 years ago by Pub. L. 116-188 to r/title-16-CONSERVATION · 1,010 words · no verdicts yet

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The National Fish Habitat Board can recommend that Congress designate certain groups as official Fish Habitat Partnerships. To qualify, a group must apply, show it can coordinate local and regional conservation work, and meet detailed criteria about its goals, governance, and science. Congress has the final say on designating or modifying partnerships, and existing partnerships must go through a review within five years or lose eligibility for federal funds.

(a) Authority to recommend. The Board may recommend to Congress that certain entities be designated as Fish Habitat Partnerships. (b) Purposes. A Partnership's purposes are to (1) work with other regional habitat programs to boost cooperation and coordination for fish and fish habitats; (2) engage local and regional communities to build support; (3) involve a wide range of public and private partners; (4) build a strategic, scientifically sound vision and plan together; (5) leverage funding that supports local and regional partnerships; (6) use adaptive management, including checking whether projects work; (7) create local or regional habitat measures that match national ones; and (8) carry out local and regional priority projects that improve fish and fish habitat. (c) Criteria for designation. To be designated, an entity must (1) apply to the Board with whatever information the Board reasonably requires, and (2) show the Board it has (A) a focus on fish and fish habitat health, (B) the ability to coordinate priority projects that match Board goals within its boundary, (C) a self-governing structure that supports its strategic priorities, (D) the ability to build local and regional relationships to support fish habitat, (E) a strategic plan detailing needed investments that matches both its own and the Board's priorities, (F) the ability to carry out fish habitat projects matching those priorities, and (G) the ability to set science-based priorities, measure project results, and integrate its science and data work with the Board's. (d) Requirements for recommendation to Congress. The Board may recommend an applicant to Congress if it (1) meets the criteria in (c)(2); (2) identifies a diverse group of public and private partners — which may include state or local governments, nonprofits, Indian Tribes, or individuals — to help the Partnership work across public and private land; (3) is organized to protect important fish species and habitats, such as reservoirs, lakes, coastal and marine areas, coral reefs, and estuaries; (4) identifies its strategic fish habitat priorities as focus areas or key problems, to guide planning; (5) can address issues on a nationally significant scale; (6) has a governance structure that (A) reflects all its partners and (B) supports joint strategic planning; (7) has finished, or made real progress on, a strategic plan that tackles the root causes of fish population decline, not just symptoms, matching Board goals; and (8) supports building a scientifically sound and achievable strategic vision together. (e) Report to Congress. (1) By February 1 of the first fiscal year after October 30, 2020, and — subject to a limit in paragraph 3 — every February 1 after that, the Board must send Congress an annual report, called the "Report to Congress on Future Fish Habitat Partnerships and Modifications," that (A) names every entity that meets the (d) requirements and that the Board recommends for designation, (B) describes any proposed changes to existing Partnerships, and (C) for each recommended entity, describes as fully as practical its purpose and how it meets the (d) requirements. (2) The Board must make the report public, including online, and notify the right congressional committees and any affected state's agency that the report is available. (3) The Board only has to submit this report in years when it's actually proposing new designations or changes to existing Partnerships. (f) Designation or modification of Partnership. (1) Only Congress can designate or change a Partnership. (2) A Board recommendation is treated as automatically approved if Congress doesn't pass a joint resolution rejecting it within 90 days after the relevant committees receive the recommendation. (g) Existing partnerships. (1) Within five years after October 30, 2020, any partnership that was getting federal funds as of that date must go through a congressional designation review. (2) A partnership from paragraph (1) that Congress doesn't designate through that review becomes ineligible for federal funds under this chapter.
the actual law source: uscode.house.gov ↗public domain
(a) Authority to recommend

The Board may recommend to Congress the designation of Fish Habitat Partnerships in accordance with this section.

(b) Purposes

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.

(c) Criteria for designation

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.

(d) Requirements for recommendation to Congress

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.

(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), 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).

(2) Public availability; notification

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.

(3) Limitation

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.

(f) Designation or modification of Partnership
(1) In general

Congress shall have the exclusive authority to designate or modify a Partnership.

(2) Designation or modification process

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.

(g) Existing partnerships
(1) Designation review

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).

(2) Ineligibility for Federal funds

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.

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.)

history & why it existsrecord from the source credit
  • 2020Enacted · Pub. L. 116-188 · 134 Stat. 928
  • 2024Amended · Pub. L. 118-198 · 138 Stat. 2681

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-188 on 2020-10-30.

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