Drought planning and fisheries

(a) Drought planning and preparedness for critically important fisheries (1) Definitions In this subsection: (A) Critically important fishery The term critically important fishery means— (i) a fishery located in a Reclamation State that is commercially, culturally, or recreationally important; (ii) a fishery located in a Reclamation State that contains fish species that are listed as threatened or endangered pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (iii) a fishery located in a Reclamation State that is used by 1 or more Indian Tribes in the Reclamation State for ceremonial subsistence or commercial purposes. (B) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (C) Qualified Tribal government The term qualified Tribal government means any government of an Indian Tribe that the Secretary determines— (i) is involved in fishery management and recovery activities, including activities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (ii) has the management and organizational capability to maximize the benefits of assistance provided under paragraph (3). (D) Reclamation State The term Reclamation State has the meaning given the term in section 4014 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114–322). (E) Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. (2) Drought plan for critically important fisheries (A) In general Not later than January 1, 2027, and every 3 years thereafter, the Secretary, in consultation with the Director of the National Marine Fisheries Service, the Commissioner of Reclamation, the Chief of Engineers, applicable State fish and wildlife agencies, and qualified Tribal governments, shall prepare a plan to sustain the survival of critically important fisheries during future periods of extended drought through— (i) voluntary, compensated actions by private landowners and water right holders; or (ii) other investments in drought preparedness made by the Secretary. (B) Considerations In preparing the plan under subparagraph (A), the Secretary shall take into consideration— (i) habitat restoration efforts designed to provide drought refugia and increased fishery resilience during droughts; (ii) relocating the release location and timing of hatchery fish to avoid predation and temperature impacts; (iii) barging of hatchery release fish to improve survival and reduce straying; (iv) coordination with water users, the Commissioner of Reclamation, State fish and wildlife agencies, qualified Tribal governments, and interested public water agencies regarding voluntary water transfers, including through groundwater substitution activities, to determine if water releases can be collaboratively managed in a way that provides additional benefits for critically important fisheries without negatively impacting wildlife habitat; (v) hatchery management modifications, such as expanding hatchery production of fish during periods of extended drought, if appropriate for a particular river basin; (vi) hatchery retrofit projects, such as the installation and operation of filtration equipment and chillers, to reduce disease outbreak, egg mortality, and other impacts of droughts in high water temperatures; (vii) increasing rescue operations of upstream migrating fish; (viii) improving temperature modeling and related forecasted information to predict water management impacts to the habitat of critically important fisheries with a higher degree of accuracy than current models; (ix) programs to reduce predation losses at artificially created predation hot spots; (x) habitat restoration efforts designed to provide drought refugia and increased fisheries resilience during droughts; and (xi) retrofitting existing water facilities to provide improved temperature conditions for fish. (3) Public comment Before finalizing a plan under paragraph (2), the Secretary shall provide for a public comment period of not less than 90 days. (4) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out fish, stream, and hatchery activities relating to fish recovery efforts, including activities carried out in coordination with the Director of the National Marine Fisheries Service, the Commissioner of Reclamation, the Chief of Engineers, applicable State fish and wildlife agencies, or a qualified Tribal government, $25,000,000 for fiscal year 2027. (5) Effect Nothing in this subsection affects any obligation under any Federal environmental law. (b) Sustaining biodiversity during droughts Section 9503(b) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10363(b)) is amended— (1) in paragraph (3)(D), by inserting and native biodiversity after wildlife habitat; and (2) in paragraph (4)(B), by inserting and drought biodiversity plans to address sustaining native biodiversity during periods of drought after restoration plans. (c) Reauthorization of Fisheries Restoration and Irrigation Mitigation Act of 2000 (1) Definition of Pacific Ocean drainage area Section 2(1) of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106–502) is amended by inserting or a terminal lake before the period at the end. (2) Authorization of appropriations Section 10(a) of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106–502) is amended by striking $15 million through 2021 and inserting $25,000,000 for each of fiscal years 2027 through 2031.