View all text of Chapter 101 [§ 8201 - § 8213]
§ 8205. Fish habitat conservation projects
(a) Submission to Board
(b) Recommendations by Board
(c) Criteria for project selectionThe Board shall select each fish habitat conservation project recommended to the Secretary under subsection (b) after taking into consideration, at a minimum, the following information:
(1) A recommendation of the Partnership that is, or will be, participating actively in implementing the fish habitat conservation project.
(2) The capabilities and experience of project proponents to implement successfully the proposed project.
(3) The extent to which the fish habitat conservation project—
(A) fulfills a local or regional priority that is directly linked to the strategic plan of the Partnership and is consistent with the purpose of this chapter;
(B) addresses the national priorities established by the Board;
(C) is supported by the findings of the habitat assessment of the Partnership or the Board, and aligns or is compatible with other conservation plans;
(D) identifies appropriate monitoring and evaluation measures and criteria that are compatible with national measures;
(E) provides a well-defined budget linked to deliverables and outcomes;
(F) leverages other funds to implement the project;
(G) addresses the causes and processes behind the decline of fish or fish habitats; and
(H) includes an outreach or education component that includes the local or regional community.
(4) The availability of sufficient non-Federal funds to match Federal contributions for the fish habitat conservation project, as required by subsection (e).
(5) The extent to which the fish habitat conservation project—
(A) will increase fish populations in a manner that leads to recreational fishing opportunities for the public;
(B) will be carried out through a cooperative agreement among Federal, State, and local governments, Indian Tribes, and private entities;
(C) increases public access to land or water for fish and wildlife-dependent recreational opportunities;
(D) advances the conservation of fish and wildlife species that have been identified by a State agency as species of greatest conservation need;
(E) 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.) and other relevant Federal law and State wildlife action plans; and
(F) promotes strong and healthy fish habitats so that desired biological communities are able to persist and adapt.
(6) The substantiality of the character and design of the fish habitat conservation project.
(d) Limitations
(1) Requirements for evaluationNo fish habitat conservation project may be recommended by the Board under subsection (b) or provided financial assistance under this chapter unless the fish habitat conservation project includes an evaluation plan designed using applicable Board guidance—
(A) to appropriately assess the biological, ecological, or other results of the habitat protection, restoration, or enhancement activities carried out using the assistance;
(B) 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;
(C) to identify improvements to existing fish populations, recreational fishing opportunities, and the overall economic benefits for the local community of the fish habitat conservation project; and
(D) to require the submission to the Board of a report describing the findings of the assessment.
(2) Acquisition authorities
(A) In generalA State, local government, or other non-Federal entity is eligible to receive funds for the acquisition of real property from willing sellers under this chapter if the acquisition ensures—
(i) public access for fish and wildlife-dependent recreation; or
(ii) a scientifically based, direct enhancement to the health of fish and fish populations, as determined by the Board.
(B) State agency approval
(i) In general
(ii) Prohibition
(C) Assessment of other authorities
(D) RestrictionsA real property interest may not be acquired pursuant to a fish habitat conservation project by a State, local government, or other non-Federal entity conducted with funds provided under this chapter, unless—
(i) the owner of the real property authorizes the State, local government, or other non-Federal entity to acquire the real property; and
(ii) the Secretary and the Board determine that the State, local government, or other non-Federal entity would benefit from undertaking the management of the real property being acquired because that is in accordance with the goals of a Partnership.
(e) Non-Federal contributions
(1) In general
(2) Non-Federal shareSuch non-Federal share of the cost of a fish habitat conservation project—
(A) may not be derived from another Federal grant program; and
(B) may include in-kind contributions and cash.
(3) Special rule for Indian Tribes
(4) Waiver authority
(f) Approval
(1) In general
(2) Funding
(3) Notification
(Pub. L. 116–188, title II, § 205, Oct. 30, 2020, 134 Stat. 931.)