S. 3051 — what changed
America's Conservation Enhancement Act
From Reported in Senate to Engrossed in Senate. 17 sections amended, 7 added, and 15 removed between Reported in Senate and Engrossed in Senate.
Sec. 101 Theodore Roosevelt Genius Prize for reducing human-predator conflict
In general— Section 7001(d) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (16 U.S.C. 742b note; Public Law 116–9) is amended—
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in paragraphs (2)(C)(v), (3)(C)(v), (4)(C)(v), (5)(C)(v), and (6)(C)(v), by striking “paragraph (7)(A)” each place it such term appears and inserting “paragraph (8)(A)”;
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in paragraphs (2)(D)(ii), (2)(F)(ii), (3)(D)(ii), (3)(F)(ii), (4)(D)(ii), (4)(F)(ii), (5)(D)(ii), (5)(F)(ii), (6)(D)(ii), and (6)(F)(ii) by striking “paragraph (7)(B)” each place it such term appears and inserting “paragraph (8)(B)”;
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in paragraph (6)(C)(iv), in the matter preceding clause (i), by striking “subparagraph (C)” and inserting “clause (iii)”;
by redesignating paragraph (7) as paragraph (8);
by inserting after paragraph (6) the following:
“(7) Theodore Roosevelt Genius Prize for reducing human-predator conflict
“(A) Definitions—In this paragraph:
“(i) Board—The term Board means the Reducing Human-Predator Conflict Technology Advisory Board established by subparagraph (C)(i).
“(ii) Prize competition—The term prize competition means the Theodore Roosevelt Genius Prize for reducing human-predator conflict established under subparagraph (B).
“(B) Authority—Not later than 180 days after the date of enactment of the America's Conservation Enhancement Act, the Secretary shall establish under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) a prize competition, to be known as the “Theodore Roosevelt Genius Prize for reducing human-predator conflict”—
“(i) to encourage technological innovation with the potential to advance the mission of the United States Fish and Wildlife Service with respect to reducing the frequency of human-predator conflict using nonlethal means; and
“(ii) to award 1 or more prizes annually for a technological advancement that promotes reducing human-predator conflict using nonlethal means, which may include the application and monitoring of tagging technologies.
“(C) Advisory board
“(i) Establishment—There is established an advisory board, to be known as the “Reducing Human-Predator Conflict Technology Advisory Board”.
“(ii) Composition—The Board shall be composed of not fewer than 9 members appointed by the Secretary, who shall provide expertise in—
“(I) predator-human interactions;
“(II) the habitats of large predators;
“(III) biology;
“(IV) technology development;
“(V) engineering;
“(VI) economics;
“(VII) business development and management; and
“(VIII) any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph.
“(iii) Duties—Subject to clause (iv), with respect to the prize competition, the Board shall—
“(I) select a topic;
“(II) issue a problem statement;
“(III) advise the Secretary regarding any opportunity for technological innovation to reduce human-predator conflict using nonlethal means; and
“(IV) advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian Tribes, private entities, and research institutions with expertise or interest relating to reducing human-predator conflict using nonlethal means.
“(iv) Consultation—In selecting a topic and issuing a problem statement for the prize competition under subclauses (I) and (II) of clause (iii), respectively, the Board shall consult widely with Federal and non-Federal stakeholders, including—
“(I) 1 or more Federal agencies with jurisdiction over the management of native wildlife species at risk due to conflict with human activities;
“(II) 1 or more State agencies with jurisdiction over the management of native wildlife species at risk due to conflict with human activities;
“(III) 1 or more State, regional, or local wildlife organizations, the mission of which relates to the management of native wildlife species at risk due to conflict with human activities; and
“(IV) 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the management of native wildlife species at risk due to conflict with human activities.
“(v) Requirements—The Board shall comply with all requirements under paragraph (8)(A).
“(D) Agreement with National Fish and Wildlife Foundation
“(i) In general—The Secretary shall offer to enter into an agreement under which the National Fish and Wildlife Foundation shall administer the prize competition.
“(ii) Requirements—An agreement entered into under clause (i) shall comply with all requirements under paragraph (8)(B).
“(E) Judges
“(i) Appointment—The Secretary shall appoint not fewer than 3 judges who shall, except as provided in clause (ii), select the 1 or more annual winners of the prize competition.
“(ii) Determination by Secretary—The judges appointed under clause (i) shall not select any annual winner of the prize competition if the Secretary makes a determination that, in any fiscal year, none of the technological advancements entered into the prize competition merits an award.
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“(F) Consultation with NOAA—The National Oceanic and Atmospheric Administration—The Secretary shall consult with the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, in the case of a cash prize awarded under the prize competition for a technology that addresses conflict between humans and marine predators under the jurisdiction of the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, and humans.Administration.
“(G) Report to Congress—Not later than 60 days after the date on which a cash prize is awarded under this paragraph, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Natural Resources of the House of Representatives a report on the prize competition that includes—
“(i) a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii);
“(ii) if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and Wildlife Foundation relating to the duties described in paragraph (8)(B); and
“(iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the winner of the cash prize was selected.
“(H) Termination of authority—The Board and all authority provided under this paragraph shall terminate on December 31, 2023.”
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in paragraph (8) (as so redesignated)—
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in subparagraph (A), in the matter preceding clause (i), by striking “or (6)(C)(i)” and inserting “(6)(C)(i), or (7)(C)(i)”; and
in subparagraph (B)—
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in the matter preceding clause (i), by striking “or (6)(D)(i)” and inserting “(6)(D)(i), or (7)(D)(i)”; and
in clause (i)(VII), by striking “and (6)(E)” and inserting “(6)(E), and (7)(E)”.
Sense of Congress— It is the sense of Congress that data collected from the tagging of predators can inform innovative management of those predators and innovative education activities to minimize human-predator conflict.
Sec. 102 Losses of livestock due to depredation by federally protected species
Definitions— In this section:
Depredation—
In general— The term depredation means actual death, injury, or destruction of livestock that is caused by a federally protected species.
Exclusions— The term depredation does not include damage to real or personal property other than livestock, including—
damage to—
other animals;
vegetation;
motor vehicles; or
structures;
diseases;
lost profits; or
consequential damages.
Federally protected species— The term federally protected species means a species that is or previously was protected under—
the Act of June 8, 1940 (commonly known as the “Bald and Golden Eagle Protection Act”) (54 Stat. 250, chapter 278; 16 U.S.C. 668 et seq.);
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.).
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Indian tribe—Tribe— The term Indian tribe Tribe has the meaning given to the term “Indian tribe” in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
Livestock—
In general— The term livestock means horses, mules and asses, rabbits, llamas, cattle, bison, swine, sheep, goats, poultry, bees, honey and beehives, or any other animal generally used for food or in the production of food or fiber.
Inclusion— The term livestock includes guard animals actively engaged in the protection of livestock described in subparagraph (A).
Program— The term program means the grant program established under subsection (b)(1).
Secretaries— The term Secretaries means—
the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and
the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service.
Grant program for losses of livestock due to depredation by federally protected species—
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In general— The Secretaries shall establish a program to provide grants to States and Indian tribes Tribes to supplement amounts provided by States, Indian tribes, Tribes, or State agencies under 1 or more programs established by the States and Indian tribes Tribes (including programs established after the date of enactment of this Act)—
to assist livestock producers in carrying out—
proactive and nonlethal activities to reduce the risk of livestock loss due to depredation by federally protected species occurring on—
Federal, State, or private land within the applicable State; or
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land owned by, or held in trust for the benefit of, the applicable Indian tribe; Tribe; and
research relating to the activities described in clause (i); and
to compensate livestock producers for livestock losses due to depredation by federally protected species occurring on—
Federal, State, or private land within the applicable State; or
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land owned by, or held in trust for the benefit of, the applicable Indian tribe.Tribe.
Allocation of funding—
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Reports to the Secretaries— Not later than September 30 of each year, a State or Indian tribe Tribe desiring to receive a grant under the program shall submit to the Secretaries a report describing, for the 1-year period ending on that September 30, the losses of livestock due to depredation by federally protected species occurring on—
Federal, State, or private land within the applicable State; or
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land owned by, or held in trust for the benefit of, the applicable Indian tribe.Tribe.
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Allocation— The Secretaries shall allocate available funding to carry out this Act among States and Indian tribes Tribes for a 1-year period ending on September 30 based on the losses described in the reports submitted for the previous 1-year period ending on September 30 under subparagraph (A).
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Eligibility— To be eligible to receive a grant under paragraph (1), a State or Indian tribe Tribe shall—
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designate an appropriate agency of the State or Indian tribe Tribe to administer the 1 or more programs supplemented by the grant funds;
establish 1 or more accounts to receive grant funds;
maintain files of all claims received and paid under grant-funded programs, including supporting documentation; and
submit to the Secretaries—
annual reports that include—
a summary of claims and expenditures under the program during the year; and
a description of any action taken on the claims; and
such other reports as the Secretaries may require to assist the Secretaries in determining the effectiveness of assisted activities under this section.
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Sense of the Senate—Congress— It is the sense of the Senate Congress that—
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no State or Indian tribe Tribe is required to participate in the program; and
the program supplements, and does not replace or supplant, any State compensation programs for depredation.
Authorization of appropriations— There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2021 through 2025, of which—
$5,000,000 shall be used to provide grants for the purposes described in subsection (b)(1)(A); and
$10,000,000 shall be used to provide grants for the purpose described in subsection (b)(1)(B).
Sec. 104 Chronic Wasting Disease Task Force
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Definition of chronic wasting disease—Definitions— In this section, the term chronic wasting disease means the animal disease afflicting deer, elk, and moose populations that—section:
added
Cervid— The term cervid means any species within the family Cervidae.
added
Chronic wasting disease— The term chronic wasting disease means the animal disease afflicting deer, elk, and moose populations that—
renumbered
was (2)(3)
is a transmissible disease of the nervous system resulting in distinctive lesions in the brain; and
renumbered
was (2)(4)
belongs to the group of diseases known as transmissible spongiform encephalopathies, which group includes scrapie, bovine spongiform encephalopathy, and Creutzfeldt-Jakob disease.
added
Secretaries— The term “Secretaries” means the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service, and the Secretary of the Interior, acting through the Director of the United States Geological Survey and the Director of the United States Fish and Wildlife Service, acting jointly.
Establishment—
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In general— There is established The Secretaries shall establish within the United States Fish and Wildlife Service a task force, to be known as the “Chronic Wasting Disease Task Force” (referred to in this subsection as the Task Force).Force) after the completion of the study required by subsection (c).
Duties— The Task Force shall—
collaborate with foreign governments to share research, coordinate efforts, and discuss best management practices to reduce, minimize, prevent, or eliminate chronic wasting disease in the United States;
develop recommendations, including recommendations based on findings of the study conducted under subsection (c), and a set of best practices regarding—
the interstate coordination of practices to prevent the new introduction of chronic wasting disease;
the prioritization and coordination of the future study of chronic wasting disease, based on evolving research needs;
ways to leverage the collective resources of Federal, State, and local agencies, Indian Tribes, and foreign governments, and resources from private, nongovernmental entities, to address chronic wasting disease in the United States and along the borders of the United States; and
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any other area where containment or management efforts relating to chronic wasting disease may differ across jurisdictions;jurisdictions; and
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draw develop, from existing and future academic and management the recommendations to develop developed under subparagraph (B), an interstate action plan under which States and that gives States, the Federal Government agree Government, Indian Tribes, and the farmed cervid industry specific recommendations to enact ensure consistent management, educational, and coordinated management and focused, prioritized research practices relating to stop the spread of and mitigate the impacts of chronic wasting disease; anddisease.
removed
facilitate the creation of a cooperative agreement by which States and relevant Federal agencies agree to commit funds to implement best practices described in the interstate action plan developed under subparagraph (C).
Membership—
In general— The Task Force shall be composed of—
1 representative of the United States Fish and Wildlife Service with experience in chronic wasting disease, to be appointed by the Secretary of the Interior (referred to in this subsection as the Secretary);
1 representative of the United States Geological Survey;
2 representatives of the Department of Agriculture with experience in chronic wasting disease, to be appointed by the Secretary of Agriculture—
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1 of whom shall have expertise in cervid health research; and
1 of whom shall have expertise in wildlife management;
in the case of each State in which chronic wasting disease among elk, mule deer, white-tailed deer, or moose has been reported to the appropriate State agency, not more than 2 representatives, to be nominated by the Governor of the State—
not more than 1 of whom shall be a representative of the State agency with jurisdiction over wildlife management or wildlife disease in the State; and
in the case of a State with a farmed cervid program or economy, not more than 1 of whom shall be a representative of the State agency with jurisdiction over farmed cervid regulation in the State;
in the case of each State in which chronic wasting disease among elk, mule deer, white-tailed deer, or moose has not been documented, but that has carried out measures to prevent the introduction of chronic wasting disease among those species, not more than 2 representatives, to be nominated by the Governor of the State;
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not more than 2 representatives from an Indian tribe Tribe or tribal Tribal organization chosen in a process determined, in consultation with Indian tribes, Tribes, by the Secretary for each of clauses (iv) and (v); Secretary; and
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not more than 5 nongovernmental members with relevant expertise appointed, after the date on which the members are first appointed under clauses (i) through (v), (vi), by a majority vote of the State representatives appointed under clause (iv).
Effect— Nothing in this paragraph requires a State to participate in the Task Force.
Co-chairs— The Co-Chairs of the Task Force shall be—
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the Federal representative described in paragraph (3)(A)(i); and(3)(A)(i);
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1 of the Federal representatives described in paragraph (3)(A)(iii); and
renumbered
was (3)(5)(4)
1 State representative appointed under paragraph (3)(A)(iv), to be selected by a majority vote of those State representatives.
Date of initial appointment—
In general— The members of the Task Force shall be appointed not later than 180 days after the date on which the study is completed under subsection (c).
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Notification— On appointment of the members of the Task Force, the Co-Chairs of the Task Force shall notify the Chairs and Ranking Members of the Committees on Environment and Public Works and Agriculture, Nutrition, and Forestry of the Senate and Natural Resources and Agriculture of the House of Representatives.
Vacancies— Any vacancy in the members appointed to the Task Force—
shall not affect the power or duty of the Task Force; and
shall be filled not later than 30 days after the date of the vacancy.
Meetings— The Task Force shall convene—
not less frequently than twice each year; and
at such time and place, and by such means, as the Co-Chairs of the Task Force determine to be appropriate, which may include the use of remote conference technology.
Interstate action plan—
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In general— Not later than 1 year after the date on which the members of the Task Force are appointed, the Task Force shall submit to the Secretary, Secretaries, and the heads of the State agencies with jurisdiction over wildlife disease and farmed cervid regulation of each State with a representative on the Task Force, the interstate action plan developed by the Task Force under paragraph (2)(C).
Cooperative agreements—
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In general— To the maximum extent practicable, the Secretary, Secretaries, any other applicable Federal agency, and each applicable State shall may enter into a cooperative agreement to fund necessary actions under the interstate action plan submitted under subparagraph (A).
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Target date— The Secretary Secretaries shall make the best effort of the Secretary Secretaries to enter into any cooperative agreement under clause (i) not later than 180 days after the date of submission of the interstate action plan under subparagraph (A).
Matching funds—
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In general— Subject to clause (ii), for each fiscal year, the Federal Government shall Secretaries may provide funds to carry out an interstate action plan through a cooperative agreement under subparagraph (B) in the amount of funds provided by the applicable States.
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Limitation— The amount provided by the Federal Government United States Fish and Wildlife Service under clause (i) for a fiscal year shall be not greater than $5,000,000.
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Reports— Not later than September 30 of the first full fiscal year after the date on which the first members of the Task Force are appointed, and each September 30 thereafter, the Task Force shall submit to the Secretary, Secretaries, and the heads of the State agencies with jurisdiction over wildlife disease and farmed cervid regulation of each State with a representative representatives on the Task Force, a report describing—
progress on the implementation of actions identified in the interstate action plan submitted under paragraph (8)(A), including the efficacy of funding under the cooperative agreement entered into under paragraph (8)(B);
updated resource requirements that are needed to reduce and eliminate chronic wasting disease in the United States;
any relevant updates to the recommended best management practices included in the interstate action plan submitted under paragraph (8)(B) to reduce or eliminate chronic wasting disease;
new research findings and emerging research needs relating to chronic wasting disease; and
any other relevant information.
Chronic wasting disease transmission in cervidae resource study—
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Definitions—Definition of Academy— In this subsection:subsection, the term Academy means the National Academy of Sciences.
removed
Academy— The term Academy means the National Academy of Sciences.
removed
Cervid— The term cervid means any species within the family Cervidae.
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Secretaries— The term Secretaries means the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service, and the Secretary of the Interior, acting through the Director of the United States Geological Survey, acting jointly.
Study—
In general— The Secretaries shall enter into an arrangement with the Academy under which the Academy shall conduct, and submit to the Secretaries a report describing the findings of, a special resource study to identify the predominant pathways and mechanisms of the transmission of chronic wasting disease in wild, captive, and farmed populations of cervids in the United States.
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Requirements— The arrangement under subparagraph (A) shall provide that the actual expenses incurred by the Academy in conducting the study under subparagraph (A) shall be paid by the Secretaries.Secretaries, subject to the availability of appropriations.
Contents of the study— The study under paragraph (2) shall—
with respect to wild, captive, and farmed populations of cervids in the United States, identify—
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to the extent possible, the pathways and mechanisms for the transmission of chronic wasting disease within live cervid populations and cervid products, which may include pathways and mechanisms for transmission from Canada;
the infection rates for each pathway and mechanism identified under subclause (I); and
the relative frequency of transmission of each pathway and mechanism identified under subclause (I);
anthropogenic and environmental factors contributing to new chronic wasting disease emergence events;
the development of geographical areas with increased chronic wasting disease prevalence; and
the overall geographical patterns of chronic wasting disease distribution;
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significant gaps in current scientific knowledge regarding the transmission pathways and mechanisms identified under clause (i)(I); and(i)(I) and potential prevention, detection, and control methods identified under clause (v);
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for prioritization the scientific research projects that will address the knowledge gaps identified under clause (iii); (iii), based on the likelihood that a project will contribute significantly to the prevention or control of chronic wasting disease; and
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potential prevention, detection, or control measures, practices, or technologies to be used to mitigate the transmission and spread of chronic wasting disease in wild, captive, and farmed populations of cervids in the United States;
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review and compare science-based best practices, standards, and guidance regarding assess the management of chronic wasting disease in wild, captive, and farmed populations effectiveness of cervids in the United States that have been developed by—potential prevention, detection, or control measures, practices, or technologies identified under subparagraph (A)(v); and
added
review and compare science-based best practices, standards, and guidance regarding the prevention, detection, and management of chronic wasting disease in wild, captive, and farmed populations of cervids in the United States that have been developed by—
renumbered
was (4)(4)(4)(2)
the National Chronic Wasting Disease Herd Certification Program of the Animal and Plant Health Inspection Service;
added
the National Wildlife Research Center of the Animal and Plant Health Inspection Service;
added
the United States Geological Survey;
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State wildlife and agricultural agencies, in the case of practices, standards, and guidance that provide practical, science-based recommendations to State and Federal agencies for minimizing or eliminating the risk of transmission of chronic wasting disease in the United States; and
added
industry or academia, in the case of any published guidance on practices that provide practical, science-based recommendations to cervid producers for minimizing or eliminating the risk of transmission of chronic wasting disease within or between herds.
removed
the United States Geological Survey; and
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State wildlife and agricultural agencies, in the case of practices, standards, and guidance that provide practical, science-based recommendations to State and Federal agencies for minimizing or eliminating the risk of transmission of chronic wasting disease in the United States.
Deadline— The study under paragraph (2) shall be completed not later than 180 days after the date on which funds are first made available for the study.
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Data sharing— The Secretaries shall share with the entity conducting Academy, as necessary to conduct the study under paragraph (2) (2), subject to the avoidance of a violation of a privacy or confidentiality requirement and the protection of confidential or privileged commercial, financial, or proprietary information, data and access to databases and research information on chronic wasting disease under the jurisdiction of—
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the Veterinary Services Program of the Animal and Plant Health Inspection Service; and
the United States Geological Survey.
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Report— On Not later than 60 days after the date of completion of the study, the Secretaries shall submit to the Committee on Agriculture, Nutrition, and Forestry, the Committee on Energy and Natural Resources, and the Committee on Environment and Public Works of the Senate and the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives a report that describes—
the findings of the study; and
any conclusions and recommendations that the Secretaries determine to be appropriate.
Authorization of appropriations— There are authorized to be appropriated to carry out this section—
for the period of fiscal years 2021 through 2025, $5,000,000 to the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, to carry out administrative activities under subsection (b);
for fiscal year 2021, $1,200,000 to the Secretary of the Interior, acting through the Director of the United States Geological Survey, to carry out activities to fund research under subsection (c); and
for fiscal year 2021, $1,200,000 to the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service, to carry out activities to fund research under subsection (c).
Sec. 105 Invasive species
Section 10 of the Fish and Wildlife Coordination Act (16 U.S.C. 666c–1) is amended—
in subsection (c)(2)—
in subparagraph (A)—
by redesignating clauses (i) and (ii) as clauses (ii) and (iii), respectively; and
by inserting before clause (ii) (as so redesignated) the following:
“(i) relevant Federal agencies;”
by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
by inserting after subparagraph (A) the following:
“(B) in consultation with stakeholders, including nongovernmental organizations and industry;”
by adding at the end the following:
“(p) Authorization of appropriations—There are authorized to be appropriated to carry out this section for each of fiscal years 2021 through 2025—
“(1) $2,500,000 to the Secretary of the Army, acting through the Chief of Engineers; and
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“(2) $2,500,000 to the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.”Interior.”
Sec. 108 Modification of definition of sport fishing equipment under Toxic Substances Control Act
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Prohibition— During the 5-year period beginning on the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall not take any action to regulate the lead content of sport fishing equipment or sport fishing equipment components under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.).
removed
Section 3(2)(B) of the Toxic Substances Control Act (15 U.S.C. 2602(2)(B)) is amended—
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Definition of sport fishing equipment— In this section, the term sport fishing equipment means any sport fishing equipment (as such term is defined in clause (v), by striking “and” at section 4162(a) of the end;Internal Revenue Code of 1986) the sale of which is subject to the tax imposed by section 4161(a) of such Code (determined without regard to any exemptions from such tax provided by section 4162 or 4221 or any other provision of such Code).
removed
in clause (vi) by striking the period at the end and inserting “, and”; and
removed
by inserting after clause (vi) the following:
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“(vii) any sport fishing equipment (as such term is defined in section 4162(a) of the Internal Revenue Code of 1986) the sale of which is subject to the tax imposed by section 4161(a) of such Code (determined without regard to any exemptions from such tax provided by section 4162 or 4221 or any other provision of such Code), and sport fishing equipment components.”
Sec. 109 Reauthorization of Chesapeake Bay Program
Section 117 of the Federal Water Pollution Control Act (33 U.S.C. 1267) is amended by striking subsection (j) and inserting the following:
changed
“(j) Authorization of appropriations—There is are authorized to be appropriated to carry out this section $90,000,000 for each of fiscal years 2021 through 2025.”section—
added “(1) for fiscal year 2021, $90,000,000;
added “(2) for fiscal year 2022, $90,500,000;
added “(3) for fiscal year 2023, $91,000,000;
added “(4) for fiscal year 2024, $91,500,000; and
added “(5) for fiscal year 2025, $92,000,000.”
Sec. 110 Reauthorization of Chesapeake Bay Initiative Act of 1998
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Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (Public Law 105–312; 112 Stat. 2963; 129 Stat. 2579; 132 Stat. 691) 105–312) is amended by striking “2019” and inserting “2025”.
Sec. 111 Chesapeake watershed investments for landscape defense
Definitions— In this section:
Chesapeake Bay agreements— The term Chesapeake Bay agreements means the formal, voluntary agreements—
executed to achieve the goal of restoring and protecting the Chesapeake Bay watershed ecosystem and the living resources of the Chesapeake Bay watershed ecosystem; and
signed by the Chesapeake Executive Council.
Chesapeake Bay program— The term Chesapeake Bay program means the program directed by the Chesapeake Executive Council in accordance with the Chesapeake Bay agreements.
Chesapeake Bay watershed— The term Chesapeake Bay watershed means the region that covers—
the Chesapeake Bay;
the portions of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia that drain into the Chesapeake Bay; and
the District of Columbia.
Chesapeake Executive Council— The term Chesapeake Executive Council means the council comprised of—
the Governors of each of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia;
the Mayor of the District of Columbia;
the Chair of the Chesapeake Bay Commission; and
the Administrator of the Environmental Protection Agency.
Chesapeake WILD program— The term Chesapeake WILD program means the nonregulatory program established by the Secretary under subsection (b)(1).
Grant program— The term grant program means the Chesapeake Watershed Investments for Landscape Defense grant program established by the Secretary under subsection (c)(1).
Restoration and protection activity— The term restoration and protection activity means an activity carried out for the conservation, stewardship, and enhancement of habitat for fish and wildlife—
to preserve and improve ecosystems and ecological processes on which the fish and wildlife depend; and
for use and enjoyment by the public.
Secretary— The term Secretary means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.
Program establishment—
Establishment— Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a nonregulatory program, to be known as the “Chesapeake Watershed Investments for Landscape Defense program”.
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Purposes— The purposes of the Chesapeake WILD program include—are—
coordinating restoration and protection activities among Federal, State, local, and regional entities and conservation partners throughout the Chesapeake Bay watershed;
engaging other agencies and organizations to build a broader range of partner support, capacity, and potential funding for projects in the Chesapeake Bay watershed;
carrying out coordinated restoration and protection activities, and providing for technical assistance, throughout the Chesapeake Bay watershed—
to sustain and enhance restoration and protection activities;
to improve and maintain water quality to support fish and wildlife, habitats of fish and wildlife, and drinking water for people;
to sustain and enhance water management for volume and flood damage mitigation improvements to benefit fish and wildlife habitat;
to improve opportunities for public access and recreation in the Chesapeake Bay watershed consistent with the ecological needs of fish and wildlife habitat;
to facilitate strategic planning to maximize the resilience of natural ecosystems and habitats under changing watershed conditions;
to engage the public through outreach, education, and citizen involvement to increase capacity and support for coordinated restoration and protection activities in the Chesapeake Bay watershed;
to sustain and enhance vulnerable communities and fish and wildlife habitat;
to conserve and restore fish, wildlife, and plant corridors; and
to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities.
Duties— In carrying out the Chesapeake WILD program, the Secretary shall—
draw on existing plans for the Chesapeake Bay watershed, or portions of the Chesapeake Bay watershed, including the Chesapeake Bay agreements, and work in consultation with applicable management entities, including Chesapeake Bay program partners, such as the Federal Government, State and local governments, the Chesapeake Bay Commission, and other regional organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities within the Chesapeake Bay watershed;
adopt a Chesapeake Bay watershed-wide strategy that—
supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with subparagraph (A); and
targets cost-effective projects with measurable results; and
establish the grant program in accordance with subsection (c).
Coordination— In establishing the Chesapeake WILD program, the Secretary shall consult, as appropriate, with—
the heads of Federal agencies, including—
the Administrator of the Environmental Protection Agency;
the Administrator of the National Oceanic and Atmospheric Administration;
the Chief of the Natural Resources Conservation Service;
the Chief of Engineers;
the Director of the United States Geological Survey;
the Secretary of Transportation;
the Chief of the Forest Service; and
the head of any other applicable agency;
the Governors of each of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia and the Mayor of the District of Columbia;
fish and wildlife joint venture partnerships; and
other public agencies and organizations with authority for the planning and implementation of conservation strategies in the Chesapeake Bay watershed.
Grants and technical assistance—
Chesapeake Wild grant program— To the extent that funds are made available to carry out this subsection, the Secretary shall establish and carry out, as part of the Chesapeake WILD program, a voluntary grant and technical assistance program, to be known as the “Chesapeake Watershed Investments for Landscape Defense grant program”, to provide competitive matching grants of varying amounts and technical assistance to eligible entities described in paragraph (2) to carry out activities described in subsection (b)(2).
Eligible entities— The following entities are eligible to receive a grant and technical assistance under the grant program:
A State.
The District of Columbia.
A unit of local government.
A nonprofit organization.
changed
An institution of higher education.education as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
Any other entity that the Secretary determines to be appropriate in accordance with the criteria established under paragraph (3).
Criteria— The Secretary, in consultation with officials and entities described in subsection (b)(4), shall establish criteria for the grant program to help ensure that activities funded under this subsection—
accomplish 1 or more of the purposes described in subsection (b)(2); and
advance the implementation of priority actions or needs identified in the Chesapeake Bay watershed-wide strategy adopted under subsection (b)(3)(B).
Cost sharing—
Department of the Interior share— The Department of the Interior share of the cost of a project funded under the grant program shall not exceed 50 percent of the total cost of the project, as determined by the Secretary.
Non-Department of the Interior share—
In general— The non-Department of the Interior share of the cost of a project funded under the grant program may be provided in cash or in the form of an in-kind contribution of services or materials.
Other Federal funding— Non-Department of the Interior Federal funds may be used for not more than 25 percent of the total cost of a project funded under the grant program.
Administration— The Secretary may enter into an agreement to manage the grant program with an organization that offers grant management services.
Reporting— Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report describing the implementation of this section, including a description of each project that has received funding under this section.
Authorization of appropriations—
In general— There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2021 through 2025.
Supplement, not supplant— Funds made available under paragraph (1) shall supplement, and not supplant, funding for other activities conducted by the Secretary in the Chesapeake Bay watershed.
Sec. 112 Great Lakes monitoring, assessment, science, and research
removed
removed
Definitions— In this section:
removed
Director— The term Director means the Director of the United States Geological Survey.
removed
Great Lakes Basin— The term Great Lakes Basin means the air, land, water, and living organisms in the United States within the drainage basin of the Saint Lawrence River at and upstream from the point at which such river and the Great Lakes become the international boundary between Canada and the United States.
removed
Findings— Congress finds the following:
removed
The Great Lakes support a diverse ecosystem, on which the vibrant and economically valuable Great Lakes fisheries depend.
removed
To continue successful fisheries management and coordination, as has occurred since signing of the Convention on Great Lakes Fisheries between the United States and Canada on September 10, 1954, management of the ecosystem and its fisheries require sound, reliable science, and the use of modern scientific technologies.
removed
Fisheries research is necessary to support multijurisdictional fishery management decisions and actions regarding recreational and sport fishing, commercial fisheries, tribal harvest, allocation decisions, and fish stocking activities.
removed
President Richard Nixon submitted, and Congress approved, Reorganization Plan No. 4 (84 Stat. 2090), conferring science activities and management of marine fisheries to the National Oceanic and Atmospheric Administration.
removed
Reorganization Plan No. 4 expressly excluded fishery research activities within the Great Lakes from the transfer, retaining management and scientific research duties within the already-established jurisdictions under the 1954 Convention on Great Lakes Fisheries, including those of the Great Lakes Fishery Commission and the Department of the Interior.
removed
Monitoring, assessment, science, and research—
removed
In general— The Director may conduct monitoring, assessment, science, and research, in support of the binational fisheries within the Great Lakes Basin.
removed
Specific authorities— The Director shall, under paragraph (1)—
removed
execute a comprehensive, multi-lake, freshwater fisheries science program;
removed
coordinate with and work cooperatively with regional, State, tribal, and local governments; and
removed
consult with other interested entities groups, including academia and relevant Canadian agencies.
removed
Included research— To properly serve the needs of fisheries managers, monitoring, assessment, science, and research under this section may include—
removed
deepwater ecosystem sciences;
removed
biological and food-web components;
removed
fish movement and behavior investigations;
removed
fish population structures;
removed
fish habitat investigations;
removed
invasive species science;
removed
use of existing, new, and experimental biological assessment tools, equipment, vessels, other scientific instrumentation and laboratory capabilities necessary to support fishery management decisions; and
removed
studies to assess impacts on Great Lakes Fishery resources.
removed
Savings clause— Nothing in this section is intended or shall be construed to impede, supersede, or alter the authority of the Great Lakes Fishery Commission, States, and Indian tribes under the Convention on Great Lakes Fisheries between the United States of America and Canada on September 10, 1954, and the Great Lakes Fishery Act of 1956 (16 U.S.C. 931 et seq.).
removed
Authorization of appropriations— For each of fiscal years 2021 through 2025, there is authorized to be appropriated $15,000,000 to carry out this section.
Sec. 201 Purpose
changed
The first section of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669) is amended by adding at the end the following: “One of the purposes purpose of this Act title is to provide financial encourage partnerships among public agencies and technical assistance other interested persons to the States for the promotion of hunting and recreational shooting.”.promote fish conservation—
added
to achieve measurable habitat conservation results through strategic actions of Fish Habitat Partnerships that lead to better fish habitat conditions and increased fishing opportunities by—
added
improving ecological conditions;
added
restoring natural processes; or
added
preventing the decline of intact and healthy systems;
added
to establish a consensus set of national conservation strategies as a framework to guide future actions and investment by Fish Habitat Partnerships;
added
to broaden the community of support for fish habitat conservation by—
added
increasing fishing opportunities;
added
fostering the participation of local communities, especially young people in local communities, in conservation activities; and
added
raising public awareness of the role healthy fish habitat play in the quality of life and economic well-being of local communities;
added
to fill gaps in the National Fish Habitat Assessment and the associated database of the National Fish Habitat Assessment—
added
to empower strategic conservation actions supported by broadly available scientific information; and
added
to integrate socioeconomic data in the analysis to improve the lives of humans in a manner consistent with fish habitat conservation goals; and
added
to communicate to the public and conservation partners—
added
the conservation outcomes produced collectively by Fish Habitat Partnerships; and
added
new opportunities and voluntary approaches for conserving fish habitat.
Sec. 202 Definitions
changed
Section 2 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669a) is amended—In this title:
changed
Appropriate congressional committees— by redesignating paragraphs (2) through (9) as paragraphs (4) through (11), respectively; andThe term appropriate congressional committees means—
added
the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate; and
added
the Committee on Natural Resources of the House of Representatives.
changed
Board— by inserting after paragraph (1) The term Board means the following:National Fish Habitat Board established by section 203.
added
Director— The term Director means the Director of the United States Fish and Wildlife Service.
added
Environmental Protection Agency Assistant Administrator— The term Environmental Protection Agency Assistant Administrator means the Assistant Administrator for Water of the Environmental Protection Agency.
added
Indian Tribe— The term Indian Tribe has the meaning given to the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
added
National Oceanic and Atmospheric Administration Assistant Administrator— The term National Oceanic and Atmospheric Administration Assistant Administrator means the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration.
added
Partnership— The term Partnership means an entity designated by Congress as a Fish Habitat Partnership under section 204.
added
Real property interest— The term real property interest means an ownership interest in—
added
land; or
added
water (including water rights).
added
Marine Fisheries Commissions— The term Marine Fisheries Commissions means—
added
the Atlantic States Marine Fisheries Commission;
added
the Gulf States Marine Fisheries Commission; and
added
the Pacific States Marine Commission.
added
Secretary— The term Secretary means the Secretary of the Interior.
added
State— The term State means each of the several States, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the United States Virgin Islands, and the District of Columbia.
added
State agency— The term State agency means—
added
the fish and wildlife agency of a State; and
added
any department or division of a department or agency of a State that manages in the public trust the inland or marine fishery resources of the State or sustains the habitat for those fishery resources pursuant to State law or the constitution of the State.
removed
“(2) for the purposes of determining the number of paid hunting-license holders in a State, the term fiscal year means the fiscal year or license year of the State;
removed
“(3) the term hunter recruitment and recreational shooter recruitment means any activity or project to recruit or retain hunters and recreational shooters, including by—
removed
“(A) outreach and communications as a means—
removed
“(i) to improve communications with hunters, recreational shooters, and the general public with respect to hunting and recreational shooting opportunities;
removed
“(ii) to reduce barriers to participation in these activities;
removed
“(iii) to advance the adoption of sound hunting and recreational shooting practices;
removed
“(iv) to promote conservation and the responsible use of the wildlife resources of the United States; and
removed
“(v) to further safety in hunting and recreational shooting;
removed
“(B) providing education, mentoring, and field demonstrations;
removed
“(C) enhancing access for hunting and recreational shooting, including through range construction; and
removed
“(D) providing education to the public about the role of hunting and recreational shooting in funding wildlife conservation;”
Sec. 203 National Fish Habitat Board
added
Establishment—
added
Fish Habitat Board— There is established a board, to be known as the “National Fish Habitat Board”, whose duties are—
added
to promote, oversee, and coordinate the implementation of this title;
added
to establish national goals and priorities for fish habitat conservation;
added
to recommend to Congress entities for designation as Partnerships; and
added
to review and make recommendations regarding fish habitat conservation projects.
removed
Apportionment of certain taxes— The first subsection (c) of section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is amended—
changed
Membership— by inserting “Apportionment The Board shall be composed of revenues from pistols, revolvers, bows, and arrows.—” after the enumerator;26 members, of whom—
added
1 shall be a representative of the Department of the Interior;
added
1 shall be a representative of the United States Geological Survey;
added
1 shall be a representative of the Department of Commerce;
added
1 shall be a representative of the Department of Agriculture;
added
1 shall be a representative of the Association of Fish and Wildlife Agencies;
added
4 shall be representatives of State agencies, 1 of whom shall be nominated by a regional association of fish and wildlife agencies from each of the Northeast, Southeast, Midwest, and Western regions of the United States;
added
2 shall be representatives of either—
added
Indian Tribes in the State of Alaska; or
added
Indian Tribes in States other than the State of Alaska;
added
1 shall be a representative of either—
added
the Regional Fishery Management Councils established under section 302 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852); or
added
a representative of the Marine Fisheries Commissions;
added
1 shall be a representative of the Sport Fishing and Boating Partnership Council;
added
7 shall be representatives selected from at least one from each of the following:
added
the recreational sportfishing industry;
added
the commercial fishing industry;
added
marine recreational anglers;
added
freshwater recreational anglers;
added
habitat conservation organizations; and
added
science-based fishery organizations;
added
1 shall be a representative of a national private landowner organization;
added
1 shall be a representative of an agricultural production organization;
added
1 shall be a representative of local government interests involved in fish habitat restoration;
added
2 shall be representatives from different sectors of corporate industries, which may include—
added
natural resource commodity interests, such as petroleum or mineral extraction;
added
natural resource user industries; and
added
industries with an interest in fish and fish habitat conservation; and
added
1 shall be an individual in a leadership position in the private sector or landowner representative of an active partnership.
changed
Compensation— by striking “One-half” and inserting A member of the following:Board shall serve without compensation.
removed
“(1) In general—Subject to paragraph (2), ½”
changed
Travel expenses— by striking “: Provided, That” and inserting a period;A member of the Board may be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Board.
added
Appointment and terms—
added
In general— Except as otherwise provided in this section, a member of the Board described in any of subparagraphs (F) through (O) of subsection (a)(2) shall serve for a term of 3 years.
added
Initial board membership—
added
In general— The initial Board shall consist of representatives as described in subparagraphs (A) through (F) of subsection (a)(2).
added
Remaining members— Not later than 60 days after the date of enactment of this Act, the representatives of the initial Board under subparagraph (A) shall appoint the remaining members of the Board described in subparagraphs (H) through (O) of subsection (a)(2).
added
Tribal representatives— Not later than 60 days after the enactment of this Act, the Secretary shall provide to the Board a recommendation of not fewer than three Tribal representatives, from which the Board shall appoint one representative pursuant to subparagraph (G) of subsection (a)(2).
removed
by striking “each State shall be apportioned not more than 3 per centum and not less than 1 per centum of such revenues” and inserting the following:
removed
“(2) Condition—The amount apportioned to each State under paragraph (1) shall be not greater than 3 percent and not less than 1 percent of the revenues described in that paragraph”
removed
in paragraph (2) (as so designated), by striking “one-sixth of 1 per centum of such revenues” and inserting “1/6 of 1 percent of those revenues”;
removed
by striking “For the purpose” and inserting the following:
removed
“(3) Population determination—For the purpose”
removed
by adding at the end the following:
removed
“(4) Use of funds—In addition to other uses authorized under this Act, amounts apportioned under this subsection may be used for hunter recruitment and recreational shooter recruitment.”
removed
Technical corrections— Section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is amended—
removed
by redesignating the second subsection (c) and subsection (d) as subsections (d) and (e), respectively; and
changed
Staggered terms— Of the members described in subsection (e) (as so redesignated), in paragraph (3), by striking “subsection (c)” and inserting “subsection (d)”.(a)(2)(J) initially appointed to the Board—
added
two shall be appointed for a term of 1 year;
added
two shall be appointed for a term of 2 years; and
added
three shall be appointed for a term of 3 years.
added
Vacancies—
added
In general— A vacancy of a member of the Board described in subparagraph (H), (I), (J), (K), (L), (M), (N), or (O) of subsection (a)(2) shall be filled by an appointment made by the remaining members of the Board.
added
Tribal representatives— Following a vacancy of a member of the Board described in subparagraph (G) of subsection (a)(2), the Secretary shall recommend to the Board a list of not fewer than three Tribal representatives, from which the remaining members of the Board shall appoint a representative to fill the vacancy.
added
Continuation of service— An individual whose term of service as a member of the Board expires may continue to serve on the Board until a successor is appointed.
added
Removal— If a member of the Board described in any of subparagraphs (H) through (O) of subparagraph (a)(2) misses three consecutive regularly scheduled Board meetings, the members of the Board may—
added
vote to remove that member; and
added
appoint another individual in accordance with paragraph (4).
added
Chairperson—
added
In general— The representative of the Association of Fish and Wildlife Agencies appointed under subsection (a)(2)(E) shall serve as Chairperson of the Board.
added
Term— The Chairperson of the Board shall serve for a term of 3 years.
added
Meetings—
added
In general— The Board shall meet—
added
at the call of the Chairperson; but
added
not less frequently than twice each calendar year.
added
Public access— All meetings of the Board shall be open to the public.
added
Procedures—
added
In general— The Board shall establish procedures to carry out the business of the Board, including—
added
a requirement that a quorum of the members of the Board be present to transact business;
added
a requirement that no recommendations may be adopted by the Board, except by the vote of two-thirds of all members;
added
procedures for establishing national goals and priorities for fish habitat conservation for the purposes of this title;
added
procedures for designating Partnerships under section 204; and
added
procedures for reviewing, evaluating, and making recommendations regarding fish habitat conservation projects.
added
Quorum— A majority of the members of the Board shall constitute a quorum.
Sec. 204 Fish Habitat Partnerships
added
Authority To recommend— The Board may recommend to Congress the designation of Fish Habitat Partnerships in accordance with this section.
removed
Section 8 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669g) is amended—
changed
Purposes— in subsection (a), in the third sentence, by striking “and public relations”; andThe purposes of a Partnership shall be—
added
to work with other regional habitat conservation programs to promote cooperation and coordination to enhance fish populations and fish habitats;
added
to engage local and regional communities to build support for fish habitat conservation;
added
to involve diverse groups of public and private partners;
added
to develop collaboratively a strategic vision and achievable implementation plan that is scientifically sound;
added
to leverage funding from sources that support local and regional partnerships;
added
to use adaptive management principles, including evaluation of project success and functionality;
added
to develop appropriate local or regional habitat evaluation and assessment measures and criteria that are compatible with national habitat condition measures; and
added
to implement local and regional priority projects that improve conditions for fish and fish habitat.
changed
Criteria for designation— in subsection (b)(1), An entity seeking to be designated by striking “, Congress as a part of such program”.Partnership shall—
added
submit to the Board an application at such time, in such manner, and containing such information as the Board may reasonably require; and
added
demonstrate to the Board that the entity has—
added
a focus on promoting the health of important fish and fish habitats;
added
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;
added
a self-governance structure that supports the implementation of strategic priorities for fish habitat;
added
the ability to develop local and regional relationships with a broad range of entities to further strategic priorities for fish and fish habitat;
added
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;
added
the ability to develop and implement fish habitat conservation projects that address strategic priorities of the Partnership and the Board; and
added
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.
added
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—
added
meets the criteria described in subsection (c)(2);
added
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;
added
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;
added
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;
added
is able to address issues and priorities on a nationally significant scale;
added
includes a governance structure that—
added
reflects the range of all partners; and
added
promotes joint strategic planning and decision making by the applicant;
added
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
added
promotes collaboration in developing a strategic vision and implementation program that is scientifically sound and achievable.
added
Report to Congress—
added
In general— Not later than February 1 of the first fiscal year beginning after the date of enactment of this Act and 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—
added
identifies each entity that—
added
meets the requirements described in subsection (d); and
added
the Board recommends to Congress for designation as a Partnership;
added
describes any proposed modifications to a Partnership previously designated by Congress under subsection (f);
added
with respect to each entity recommended for designation as a Partnership, describes, to the maximum extent practicable—
added
the purpose of the recommended Partnership; and
added
how the recommended Partnership fulfills the requirements described in subsection (d).
added
Public availability; notification— The Board shall—
added
make the report publicly available, including on the internet; and
added
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.
added
Designation or modification of Partnership— Congress shall have the exclusive authority to designate or modify a Partnership.
added
Existing Partnerships—
added
Designation review— Not later than 5 years after the date of enactment of this Act, any partnership receiving Federal funds as of the date of enactment of this Act shall be subject to a designation review by Congress in which Congress shall have the opportunity to designate the partnership under subsection (f).
added
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 title.
Sec. 205 Fish Habitat Conservation Projects
added
Submission to Board— Not later than March 31 of each year, each Partnership shall submit to the Board a list of priority fish habitat conservation projects recommended by the Partnership for annual funding under this title.
removed
Section 10(a)(1)(A) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h–1(a)(1)(A)) is amended—
changed
Recommendations by Board— in clause (iii), by striking “and” at Not later than July 1 of each year, the end; andBoard shall submit to the Secretary a priority list of fish habitat conservation projects that includes a description, including estimated costs, of each project that the Board recommends that the Secretary approve and fund under this title for the following fiscal year.
changed
Criteria for project selection— by adding at The Board shall select each fish habitat conservation project recommended to the end Secretary under subsection (b) after taking into consideration, at a minimum, the following:following information:
added
A recommendation of the Partnership that is, or will be, participating actively in implementing the fish habitat conservation project.
added
The capabilities and experience of project proponents to implement successfully the proposed project.
added
The extent to which the fish habitat conservation project—
added
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 title;
added
addresses the national priorities established by the Board;
added
is supported by the findings of the habitat assessment of the Partnership or the Board, and aligns or is compatible with other conservation plans;
added
identifies appropriate monitoring and evaluation measures and criteria that are compatible with national measures;
added
provides a well-defined budget linked to deliverables and outcomes;
added
leverages other funds to implement the project;
added
addresses the causes and processes behind the decline of fish or fish habitats; and
added
includes an outreach or education component that includes the local or regional community.
added
The availability of sufficient non-Federal funds to match Federal contributions for the fish habitat conservation project, as required by subsection (e).
added
The extent to which the fish habitat conservation project—
added
will increase fish populations in a manner that leads to recreational fishing opportunities for the public;
added
will be carried out through a cooperative agreement among Federal, State, and local governments, Indian Tribes, and private entities;
added
increases public access to land or water for fish and wildlife-dependent recreational opportunities;
added
advances the conservation of fish and wildlife species that have been identified by a State agency as species of greatest conservation need;
added
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
added
promotes strong and healthy fish habitats so that desired biological communities are able to persist and adapt.
added
The substantiality of the character and design of the fish habitat conservation project.
added
Limitations—
added
Requirements for evaluation— No fish habitat conservation project may be recommended by the Board under subsection (b) or provided financial assistance under this title unless the fish habitat conservation project includes an evaluation plan designed using applicable Board guidance—
added
to appropriately assess the biological, ecological, or other results of the habitat protection, restoration, or enhancement activities carried out using the assistance;
added
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;
added
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
added
to require the submission to the Board of a report describing the findings of the assessment.
added
Acquisition authorities—
added
In general— A State, local government, or other non-Federal entity is eligible to receive funds for the acquisition of real property from willing sellers under this title if the acquisition ensures—
added
public access for fish and wildlife-dependent recreation; or
added
a scientifically based, direct enhancement to the health of fish and fish populations, as determined by the Board.
added
State agency approval—
added
In general— All real property interest acquisition projects funded under this title must be approved by the State agency in the State in which the project is occurring.
added
Prohibition— The Board may not recommend, and the Secretary may not provide any funding for, any real property interest acquisition that has not been approved by the State agency.
added
Assessment of other authorities— The Board may not recommend, and the Secretary may not provide any funding under this title for, any real property interest acquisition unless the Partnership that recommended the project has conducted a project assessment, submitted with the funding request and approved by the Board, to demonstrate all other Federal, State, and local authorities for the acquisition of real property have been exhausted.
added
Restrictions— 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 conducted with funds provided under this title, unless—
added
the owner of the real property authorizes the State, local government, or other non-Federal entity to acquire the real property; and
added
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.
added
Non-Federal contributions—
added
In general— Except as provided in paragraphs (2) and (4), no fish habitat conservation project may be recommended by the Board under subsection (b) or provided financial assistance under this title unless at least 50 percent of the cost of the fish habitat conservation project will be funded with non-Federal funds.
added
Non-Federal share— Such non-Federal share of the cost of a fish habitat conservation project—
added
may not be derived from another Federal grant program; and
added
may include in-kind contributions and cash.
added
Special rule for Indian Tribes— Notwithstanding paragraph (1) or any other provision of law, any funds made available to an Indian Tribe pursuant to this title may be considered to be non-Federal funds for the purpose of paragraph (1).
added
Waiver authority— The Secretary, in consultation with the Secretary of Commerce with respect to marine or estuarine projects, may waive the application of paragraph (2)(A) with respect to a State or an Indian Tribe, or otherwise reduce the portion of the non-Federal share of the cost of an activity required to be paid by a State or an Indian Tribe under paragraph (1), if the Secretary determines that the State or Indian Tribe does not have sufficient funds not derived from another Federal grant program to pay such non-Federal share, or portion of the non-Federal share, without the use of loans.
added
Approval—
added
In general— Not later than 90 days after the date of receipt of the recommended priority list of fish habitat conservation projects under subsection (b), and subject to subsection (d) and based, to the maximum extent practicable, on the criteria described in subsection (c), the Secretary, after consulting with the Secretary of Commerce on marine or estuarine projects, shall approve or reject any fish habitat conservation project recommended by the Board.
added
Funding— If the Secretary approves a fish habitat conservation project under paragraph (1), the Secretary shall use amounts made available to carry out this title to provide funds to carry out the fish habitat conservation project.
added
Notification— If the Secretary rejects under paragraph (1) any fish habitat conservation project recommended by the Board, not later than 90 days after the date of receipt of the recommendation, the Secretary shall provide to the Board, the appropriate Partnership, and the appropriate congressional committees a written statement of the reasons that the Secretary rejected the fish habitat conservation project.
removed
“(v) the enhancement of hunter recruitment and recreational shooter recruitment; and”
Sec. 206 Technical and scientific assistance
changed
In general— Section 11 The Director, the National Oceanic and Atmospheric Administration Assistant Administrator, the Environmental Protection Agency Assistant Administrator, and the Director of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h–2) is amended—United States Geological Survey, in coordination with the Forest Service and other appropriate Federal departments and agencies, may provide scientific and technical assistance to Partnerships, participants in fish habitat conservation projects, and the Board.
removed
in subsection (a)(1)—
removed
by striking “Not more than” and inserting the following:
removed
“(A) In general—Not more than”
removed
by adding at the end the following:
removed
“(B) Availability for hunter and recreational shooter grants—Not more than $5,000,000 of the revenues covered into the fund from any tax imposed under section 4161(b) of the Internal Revenue Code of 1986 for a fiscal year shall be available to the Secretary exclusively for making hunter recruitment and recreational shooter recruitment grants that promote a national hunting and shooting sport recruitment program, including related communication and outreach activities.”
removed
in subsection (b)(3), in the matter preceding subparagraph (A), by striking “International”;
removed
in subsection (c)(2)(A)—
removed
in the matter preceding clause (i), by striking “International”; and
removed
in clause (i), by inserting “or to recreational shooting activities” after “wildlife”; and
removed
in subsection (d), by inserting “or to recreational shooting activities” after “wildlife”.
changed
Study—Inclusions— Not later than 10 years after the date of enactment of this Act, the Secretary of the Interior, acting through the Director of the United States Fish Scientific and Wildlife Service, shall—technical assistance provided under subsection (a) may include—
changed
review providing technical and evaluate the effects of scientific assistance to States, Indian Tribes, regions, local communities, and nongovernmental organizations in the funds made available under subparagraph (B) of section 11(a)(1) development and implementation of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h–2(a)(1)) on funds available for wildlife conservation; andPartnerships;
changed
submit a report describing the results of the review providing technical and evaluation under paragraph (1) to—scientific assistance to Partnerships for habitat assessment, strategic planning, and prioritization;
added
supporting the development and implementation of fish habitat conservation projects that are identified as high priorities by Partnerships and the Board;
added
supporting and providing recommendations regarding the development of science-based monitoring and assessment approaches for implementation through Partnerships;
added
supporting and providing recommendations for a national fish habitat assessment;
added
ensuring the availability of experts to assist in conducting scientifically based evaluation and reporting of the results of fish habitat conservation projects; and
added
providing resources to secure State agency scientific and technical assistance to support Partnerships, participants in fish habitat conservation projects, and the Board.
removed
the Committee on Environment and Public Works of the Senate; and
removed
the Committee on Natural Resources of the House of Representatives.
Sec. 207 Coordination with States and Indian Tribes
addedadded The Secretary shall provide a notice to, and cooperate with, the appropriate State agency or Tribal agency, as applicable, of each State and Indian Tribe within the boundaries of which an activity is planned to be carried out pursuant to this title, including notification, by not later than 30 days before the date on which the activity is implemented.
Sec. 208 Interagency Operational Plan
addedadded Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Director, in cooperation with the National Oceanic and Atmospheric Administration Assistant Administrator, the Environmental Protection Agency Assistant Administrator, the Director of the United States Geological Survey, and the heads of other appropriate Federal departments and agencies (including, at a minimum, those agencies represented on the Board) shall develop an interagency operational plan that describes—
added
the functional, operational, technical, scientific, and general staff, administrative, and material needs for the implementation of this title; and
added
any interagency agreements between or among Federal departments and agencies to address those needs.
Sec. 209 Accountability and reporting
added
added
Reporting—
added
In general— Not later than 5 years after the date of enactment of this Act, and every 5 years thereafter, the Board shall submit to the appropriate congressional committees a report describing the progress of this title.
added
Contents— Each report submitted under paragraph (1) shall include—
added
an estimate of the number of acres, stream miles, or acre-feet, or other suitable measures of fish habitat, that was maintained or improved by Partnerships under this title during the 5-year period ending on the date of submission of the report;
added
a description of the public access to fish habitats established or improved under this title during that 5-year period;
added
a description of the improved opportunities for public recreational fishing achieved under this title; and
added
an assessment of the status of fish habitat conservation projects carried out with funds provided under this title during that period, disaggregated by year, including—
added
a description of the fish habitat conservation projects recommended by the Board under section 205(b);
added
a description of each fish habitat conservation project approved by the Secretary under section 205(f), in order of priority for funding;
added
a justification for—
added
the approval of each fish habitat conservation project; and
added
the order of priority for funding of each fish habitat conservation project;
added
a justification for any rejection of a fish habitat conservation project recommended by the Board under section 205(b) that was based on a factor other than the criteria described in section 205(c); and
added
an accounting of expenditures by Federal, State, or local governments, Indian Tribes, or other entities to carry out fish habitat conservation projects under this title.
added
Status and trends report— Not later than December 31, 2021, and every 5 years thereafter, the Board shall submit to the appropriate congressional committees a report that includes—
added
a status of all Partnerships designated under this title;
added
a description of the status of fish habitats in the United States as identified by designated Partnerships; and
added
enhancements or reductions in public access as a result of—
added
the activities of the Partnerships; or
added
any other activities carried out pursuant to this title.
Sec. 210 Effect of this title
added
added
Water rights— Nothing in this title—
added
establishes any express or implied reserved water right in the United States for any purpose;
added
affects any water right in existence on the date of enactment of this Act;
added
preempts or affects any State water law or interstate compact governing water; or
added
affects any Federal or State law in existence on the date of enactment of the Act regarding water quality or water quantity.
added
Authority To acquire water rights or rights to property— Only a State, local government, or other non-Federal entity may acquire, under State law, water rights or rights to property with funds made available through section 212.
added
State authority— Nothing in this title—
added
affects the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under the laws and regulations of the State; or
added
authorizes the Secretary to control or regulate within a State the fishing or hunting of fish and wildlife.
added
Effect on Indian Tribes— Nothing in this title abrogates, abridges, affects, modifies, supersedes, or alters any right of an Indian Tribe recognized by treaty or any other means, including—
added
an agreement between the Indian Tribe and the United States;
added
Federal law (including regulations);
added
an Executive order; or
added
a judicial decree.
added
Adjudication of water rights— Nothing in this title diminishes or affects the ability of the Secretary to join an adjudication of rights to the use of water pursuant to subsection (a), (b), or (c) of section 208 of the Departments of State, Justice, Commerce, and The Judiciary Appropriation Act, 1953 (43 U.S.C. 666).
added
Department of Commerce authority— Nothing in this title affects the authority, jurisdiction, or responsibility of the Department of Commerce to manage, control, or regulate fish or fish habitats under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
added
Effect on other authorities—
added
Private property protection— Nothing in this title permits the use of funds made available to carry out this title to acquire real property or a real property interest without the written consent of each owner of the real property or real property interest, respectively.
added
Mitigation— Nothing in this title authorizes the use of funds made available to carry out this title for fish and wildlife mitigation purposes under—
added
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
added
the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.);
added
the Water Resources Development Act of 1986 (Public Law 99–662; 100 Stat. 4082); or
added
any other Federal law or court settlement.
added
Clean Water Act— Nothing in this title affects any provision of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), including any definition in that Act.
Sec. 211 Nonapplicability of Federal Advisory Committee Act
addedadded The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to—
added
the Board; or
added
any Partnership.
Sec. 212 Funding
added
added
Authorization of appropriations—
added
Fish Habitat Conservation Projects— There is authorized to be appropriated to the Secretary $7,200,000 for each of fiscal years 2021 through 2025 to provide funds for fish habitat conservation projects approved under section 205(f), of which 5 percent is authorized only for projects carried out by Indian Tribes.
added
Administrative and planning expenses— There is authorized to be appropriated to the Secretary for each of fiscal years 2021 through 2025 an amount equal to 5 percent of the amount appropriated for the applicable fiscal year pursuant to paragraph (1)—
added
for administrative and planning expenses under this title; and
added
to carry out section 209.
added
Technical and scientific assistance— There is authorized to be appropriated for each of fiscal years 2021 through 2025 to carry out, and provide technical and scientific assistance under, section 206—
added
$400,000 to the Secretary for use by the United States Fish and Wildlife Service;
added
$400,000 to the National Oceanic and Atmospheric Administration Assistant Administrator for use by the National Oceanic and Atmospheric Administration;
added
$400,000 to the Environmental Protection Agency Assistant Administrator for use by the Environmental Protection Agency;
added
$400,000 to the Secretary for use by the United States Geological Survey; and
added
$400,000 to the Secretary of Agriculture, acting through the Chief of the Forest Service, for use by the Forest Service.
added
Agreements and grants— The Secretary may—
added
on the recommendation of the Board, and notwithstanding sections 6304 and 6305 of title 31, United States Code, and the Federal Financial Assistance Management Improvement Act of 1999 (31 U.S.C. 6101 note; Public Law 106–107), enter into a grant agreement, cooperative agreement, or contract with a Partnership or other entity to provide funds authorized by this title for a fish habitat conservation project or restoration or enhancement project;
added
apply for, accept, and, subject to the availability of appropriations, use a grant from any individual or entity to carry out the purposes of this title; and
added
subject to the availability of appropriations, make funds authorized by this Act available to any Federal department or agency for use by that department or agency to provide grants for any fish habitat protection project, restoration project, or enhancement project that the Secretary determines to be consistent with this title.
added
Donations—
added
In general— The Secretary may—
added
enter into an agreement with any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of that Code to solicit private donations to carry out the purposes of this title; and
added
accept donations of funds, property, and services to carry out the purposes of this title.
added
Treatment— A donation accepted under this title—
added
shall be considered to be a gift or bequest to, or otherwise for the use of, the United States; and
added
may be—
added
used directly by the Secretary; or
added
provided to another Federal department or agency through an interagency agreement.
Sec. 213 Prohibition against implementation of regulatory authority by Federal agencies through Partnerships
addedadded Any Partnership designated under this title—
added
shall be for the sole purpose of promoting fish conservation; and
added
shall not be used to implement any regulatory authority of any Federal agency.
Sec. 301 Study to review conservation factors
added
Definition of Secretaries— In this section, the term Secretaries means—
added
the Secretary of Agriculture;
added
the Secretary of Commerce, acting through the Assistant Administrator of the National Marine Fisheries Service; and
added
the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.
removed
The purpose of this title is to encourage partnerships among public agencies and other interested persons to promote fish conservation—
changed
Study— to achieve measurable habitat To assess factors affecting successful conservation results through strategic actions activities under the Endangered Species Act of Fish Habitat Partnerships that lead to better fish habitat conditions and increased fishing opportunities by—1973 (16 U.S.C. 1531 et seq.), the Secretaries shall carry out a study—
added
added
to review any factors that threaten or endanger a species, such as wildlife disease, for which a listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) would not contribute to the conservation of the species; and
added
to identify additional conservation measures that can be taken to protect and conserve a species described in subparagraph (A);
removed
improving ecological conditions;
removed
restoring natural processes; or
changed
preventing the decline of intact and healthy systems;to review any barriers to—
added
the delivery of Federal, State, local, or private funds for such conservation activities, including statutory or regulatory impediments, staffing needs, and other relevant considerations; or
added
the implementation of conservation agreements, plans, or other cooperative agreements, including agreements focused on voluntary activities, multispecies efforts, and other relevant considerations;
added
to review factors that impact the ability of the Federal Government to successfully implement the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
added
to develop recommendations regarding methods to address barriers identified under paragraph (2), if any;
added
to review determinations under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) in which a species is determined to be recovered by the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, or the Secretary of Commerce, acting through the Assistant Administrator of the National Marine Fisheries Service, but remains listed under that Act, including—
added
an explanation of the factors preventing a delisting or downlisting of the species; and
added
recommendations regarding methods to address the factors described in subparagraph (A); and
added
to review any determinations under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) in which a species has been identified as needing listing or uplisting under that Act but remains unlisted or listed as a threatened species, respectively, including—
added
an explanation of the factors preventing a listing or uplisting of the species; and
added
recommendations regarding methods to address the factors described in subparagraph (A).
changed
Report— to establish a consensus set Not later than 1 year after the date of national conservation strategies as a framework enactment of this Act, the Secretaries shall submit to guide future actions the Committees on Appropriations and investment by Fish Habitat Partnerships;Environment and Public Works of the Senate and the Committees on Appropriations and Natural Resources of the House of Representatives and make publicly available a report describing the results of the study under subsection (b).
removed
to broaden the community of support for fish habitat conservation by—
removed
increasing fishing opportunities;
removed
fostering the participation of local communities, especially young people in local communities, in conservation activities; and
removed
raising public awareness of the role healthy fish habitat play in the quality of life and economic well-being of local communities;
removed
to fill gaps in the National Fish Habitat Assessment and the associated database of the National Fish Habitat Assessment—
removed
to empower strategic conservation actions supported by broadly available scientific information; and
removed
to integrate socioeconomic data in the analysis to improve the lives of humans in a manner consistent with fish habitat conservation goals; and
removed
to communicate to the public and conservation partners—
removed
the conservation outcomes produced collectively by Fish Habitat Partnerships; and
removed
new opportunities and voluntary approaches for conserving fish habitat.
Sec. 302 Study and report on expenditures
added
Reports on expenditures—
added
Federal departments and agencies—
added
In general— At the determination of the Comptroller General of the United States (referred to in this section as the Comptroller General), to facilitate the preparation of the reports from the Comptroller General under paragraph (2), the head of each Federal department and agency shall submit to the Comptroller General data and other relevant information that describes the amounts expended or disbursed (including through loans, loan guarantees, grants, or any other financing mechanism) by the department or agency as a direct result of any provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (including any regulation promulgated pursuant to that Act) during—
added
with respect to the first report under paragraph (2), the 3 fiscal years preceding the date of submission of the report; and
added
with respect to the second report under paragraph (2), the 2 fiscal years preceding the date of submission of the report.
added
Requirements— Data and other relevant information submitted under subparagraph (A) shall describe, with respect to the applicable amounts—
added
the programmatic office of the department or agency on behalf of which each amount was expended or disbursed;
added
the provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (or regulation promulgated pursuant to that Act) pursuant to which each amount was expended or disbursed; and
added
the project or activity carried out using each amount, in detail sufficient to reflect the breadth, scope, and purpose of the project or activity.
added
Comptroller General— Not later than 2 years and 4 years after the date of enactment of this Act, the Comptroller General shall submit to the Committees on Appropriations, Commerce, Science, and Transportation, and Environment and Public Works of the Senate and the Committee on Appropriations and Natural Resources of the House of Representatives a report that describes—
added
the aggregate amount expended or disbursed by all Federal departments and agencies as a direct result of any provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (including any regulation promulgated pursuant to that Act) during—
added
with respect to the first report, the 3 fiscal years preceding the date of submission of the report; and
added
with respect to the second report, the 2 fiscal years preceding the date of submission of the report;
added
the provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (or regulation promulgated pursuant to that Act) pursuant to which each such amount was expended or disbursed; and
added
with respect to each relevant department or agency—
added
the total amount expended or disbursed by the department or agency as described in subparagraph (A); and
added
the information described in clauses (i) through (iii) of paragraph (1)(B).
added
Report on conservation activities—
added
Federal departments and agencies— At the determination of the Comptroller General, to facilitate the preparation of the report under paragraph (2), the head of each Federal department and agency shall submit to the Comptroller General data and other relevant information that describes the conservation activities by the Federal department or agency as a direct result of any provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (including any regulation promulgated pursuant to that Act) during—
added
with respect to the first report under paragraph (2), the 3 fiscal years preceding the date of submission of the report; and
added
with respect to the second report under paragraph (2), the 2 fiscal years preceding the date of submission of the report.
removed
In this title:
removed
Appropriate congressional committees— The term appropriate congressional committees means—
changed
Comptroller General— Not later than 2 years and 4 years after the Committee date of enactment of this Act, the Comptroller General shall submit to the Committees on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate; andSenate and the Committee on Natural Resources of the House of Representatives a report that—
added
describes the conservation activities by all Federal departments and agencies for species listed as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as reported under paragraph (1), during—
added
with respect to the first report, the 3 fiscal years preceding the date of submission of the report; and
added
with respect to the second report, the 2 fiscal years preceding the date of submission of the report;
added
is organized into categories with respect to whether a recovery plan for a species has been established;
added
includes conservation outcomes associated with the conservation activities; and
added
as applicable, describes the conservation activities that required interaction between Federal agencies and between Federal agencies and State and Tribal agencies and units of local government pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
removed
the Committee on Natural Resources of the House of Representatives.
removed
Board— The term Board means the National Fish Habitat Board established by section 303.
removed
Director— The term Director means the Director of the United States Fish and Wildlife Service.
removed
Environmental Protection Agency Assistant Administrator— The term Environmental Protection Agency Assistant Administrator means the Assistant Administrator for Water of the Environmental Protection Agency.
removed
Indian Tribe— The term Indian Tribe has the meaning given to the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
removed
National Oceanic and Atmospheric Administration Assistant Administrator— The term National Oceanic and Atmospheric Administration Assistant Administrator means the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration.
removed
Partnership— The term Partnership means an entity designated by Congress as a Fish Habitat Partnership under section 304.
removed
Real property interest— The term real property interest means an ownership interest in—
removed
land; or
removed
water (including water rights).
removed
Marine Fisheries Commissions— The term Marine Fisheries Commissions means—
removed
the Atlantic States Marine Fisheries Commission;
removed
the Gulf States Marine Fisheries Commission; and
removed
the Pacific States Marine Commission.
removed
Secretary— The term Secretary means the Secretary of the Interior.
removed
State— The term State means each of the several States, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the United States Virgin Islands, and the District of Columbia.
removed
State agency— The term State agency means—
removed
the fish and wildlife agency of a State; and
removed
any department or division of a department or agency of a State that manages in the public trust the inland or marine fishery resources of the State or sustains the habitat for those fishery resources pursuant to State law or the constitution of the State.
Sec. 303 Use of value of land for cost sharing
added The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) is amended—
added
by redesignating section 13 as section 14; and
added
by inserting after section 12 the following:
added “13. Value of land
added “Notwithstanding any other provision of law, any institution eligible to receive Federal funds under the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601 et seq.) shall be allowed to use the value of any land owned by the institution as an in-kind match to satisfy any cost sharing requirement under this Act.”
removed
Establishment—
removed
Fish Habitat Board— There is established a board, to be known as the “National Fish Habitat Board”, whose duties are—
removed
to promote, oversee, and coordinate the implementation of this title;
removed
to establish national goals and priorities for fish habitat conservation;
removed
to recommend to Congress entities for designation as Partnerships; and
removed
to review and make recommendations regarding fish habitat conservation projects.
removed
Membership— The Board shall be composed of 26 members, of whom—
removed
one shall be a representative of the Department of the Interior;
removed
one shall be a representative of the United States Geological Survey;
removed
one shall be a representative of the Department of Commerce;
removed
one shall be a representative of the Department of Agriculture;
removed
one shall be a representative of the Association of Fish and Wildlife Agencies;
removed
four shall be representatives of State agencies, one of whom shall be nominated by a regional association of fish and wildlife agencies from each of the Northeast, Southeast, Midwest, and Western regions of the United States;
removed
two shall be representatives of either—
removed
Indian Tribes in the State of Alaska; or
removed
Indian Tribes in States other than the State of Alaska;
removed
one shall be a representative of either—
removed
the Regional Fishery Management Councils established under section 302 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852); or
removed
a representative of the Marine Fisheries Commissions;
removed
one shall be a representative of the Sportfishing and Boating Partnership Council;
removed
seven shall be representatives selected from at least one from each of the following:
removed
the recreational sportfishing industry;
removed
the commercial fishing industry;
removed
marine recreational anglers;
removed
freshwater recreational anglers;
removed
habitat conservation organizations; and
removed
science-based fishery organizations;
removed
one shall be a representative of a national private landowner organization;
removed
one shall be a representative of an agricultural production organization;
removed
one shall be a representative of local government interests involved in fish habitat restoration;
removed
two shall be representatives from different sectors of corporate industries, which may include—
removed
natural resource commodity interests, such as petroleum or mineral extraction;
removed
natural resource user industries; and
removed
industries with an interest in fish and fish habitat conservation; and
removed
one shall be a leadership private sector or landowner representative of an active partnership.
removed
Compensation— A member of the Board shall serve without compensation.
removed
Travel expenses— A member of the Board may be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Board.
removed
Appointment and terms—
removed
In general— Except as otherwise provided in this section, a member of the Board described in any of subparagraphs (F) through (O) of subsection (a)(2) shall serve for a term of 3 years.
removed
Initial board membership—
removed
In general— The initial Board shall consist of representatives as described in subparagraphs (A) through (F) of subsection (a)(2).
removed
Remaining members— Not later than 60 days after the date of enactment of this Act, the representatives of the initial Board under subparagraph (A) shall appoint the remaining members of the Board described in subparagraphs (H) through (O) of subsection (a)(2).
removed
Tribal representatives— Not later than 60 days after the enactment of this Act, the Secretary shall provide to the Board a recommendation of not fewer than three Tribal representatives, from which the Board shall appoint one representative pursuant to subparagraph (G) of subsection (a)(2).
removed
Staggered terms— Of the members described in subsection (a)(2)(J) initially appointed to the Board—
removed
two shall be appointed for a term of 1 year;
removed
two shall be appointed for a term of 2 years; and
removed
three shall be appointed for a term of 3 years.
removed
Vacancies—
removed
In general— A vacancy of a member of the Board described in subparagraph (H), (I), (J), (K), (L), (M), (N), or (O) of subsection (a)(2) shall be filled by an appointment made by the remaining members of the Board.
removed
Tribal representatives— Following a vacancy of a member of the Board described in subparagraph (G) of subsection (a)(2), the Secretary shall recommend to the Board a list of not fewer than three Tribal representatives, from which the remaining members of the Board shall appoint a representative to fill the vacancy.
removed
Continuation of service— An individual whose term of service as a member of the Board expires may continue to serve on the Board until a successor is appointed.
removed
Removal— If a member of the Board described in any of subparagraphs (H) through (O) of subparagraph (a)(2) misses three consecutive regularly scheduled Board meetings, the members of the Board may—
removed
vote to remove that member; and
removed
appoint another individual in accordance with paragraph (4).
removed
Chairperson—
removed
In general— The representative of the Association of Fish and Wildlife Agencies appointed under subsection (a)(2)(E) shall serve as Chairperson of the Board.
removed
Term— The Chairperson of the Board shall serve for a term of 3 years.
removed
Meetings—
removed
In general— The Board shall meet—
removed
at the call of the Chairperson; but
removed
not less frequently than twice each calendar year.
removed
Public access— All meetings of the Board shall be open to the public.
removed
Procedures—
removed
In general— The Board shall establish procedures to carry out the business of the Board, including—
removed
a requirement that a quorum of the members of the Board be present to transact business;
removed
a requirement that no recommendations may be adopted by the Board, except by the vote of two-thirds of all members;
removed
procedures for establishing national goals and priorities for fish habitat conservation for the purposes of this title;
removed
procedures for designating Partnerships under section 304; and
removed
procedures for reviewing, evaluating, and making recommendations regarding fish habitat conservation projects.
removed
Quorum— A majority of the members of the Board shall constitute a quorum.
Sec. 304 Fish Habitat Partnerships
removed
removed
Authority To recommend— The Board may recommend to Congress the designation of Fish Habitat Partnerships in accordance with this section.
removed
Purposes— The purposes of a Partnership shall be—
removed
to work with other regional habitat conservation programs to promote cooperation and coordination to enhance fish populations and fish habitats;
removed
to engage local and regional communities to build support for fish habitat conservation;
removed
to involve diverse groups of public and private partners;
removed
to develop collaboratively a strategic vision and achievable implementation plan that is scientifically sound;
removed
to leverage funding from sources that support local and regional partnerships;
removed
to use adaptive management principles, including evaluation of project success and functionality;
removed
to develop appropriate local or regional habitat evaluation and assessment measures and criteria that are compatible with national habitat condition measures; and
removed
to implement local and regional priority projects that improve conditions for fish and fish habitat.
removed
Criteria for designation— An entity seeking to be designated by Congress as a Partnership shall—
removed
submit to the Board an application at such time, in such manner, and containing such information as the Board may reasonably require; and
removed
demonstrate to the Board that the entity has—
removed
a focus on promoting the health of important fish and fish habitats;
removed
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;
removed
a self-governance structure that supports the implementation of strategic priorities for fish habitat;
removed
the ability to develop local and regional relationships with a broad range of entities to further strategic priorities for fish and fish habitat;
removed
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;
removed
the ability to develop and implement fish habitat conservation projects that address strategic priorities of the Partnership and the Board; and
removed
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.
removed
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—
removed
meets the criteria described in subsection (c)(2);
removed
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;
removed
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;
removed
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;
removed
is able to address issues and priorities on a nationally significant scale;
removed
includes a governance structure that—
removed
reflects the range of all partners; and
removed
promotes joint strategic planning and decision making by the applicant;
removed
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
removed
promotes collaboration in developing a strategic vision and implementation program that is scientifically sound and achievable.
removed
Report to Congress—
removed
In general— Not later than February 1 of the first fiscal year beginning after the date of enactment of this Act and 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—
removed
identifies each entity that—
removed
meets the requirements described in subsection (d); and
removed
the Board recommends to Congress for designation as a Partnership;
removed
describes any proposed modifications to a Partnership previously designated by Congress under subsection (f); and
removed
with respect to each entity recommended for designation as a Partnership, describes, to the maximum extent practicable—
removed
the purpose of the recommended Partnership; and
removed
how the recommended Partnership fulfills the requirements described in subsection (d).
removed
Public availability; notification— The Board shall—
removed
make the report publicly available, including on the internet; and
removed
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.
removed
Designation or modification of Partnership— Congress shall have the exclusive authority to designate or modify a Partnership.
removed
Existing Partnerships—
removed
Designation review— Not later than 5 years after the date of enactment of this Act, any partnership receiving Federal funds as of the date of enactment of this Act shall be subject to a designation review by Congress in which Congress shall have the opportunity to designate the partnership under subsection (f).
removed
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 title.
Sec. 305 Fish Habitat Conservation Projects
removed
removed
Submission to Board— Not later than March 31 of each year, each Partnership shall submit to the Board a list of priority fish habitat conservation projects recommended by the Partnership for annual funding under this title.
removed
Recommendations by Board— Not later than July 1 of each year, the Board shall submit to the Secretary a priority list of fish habitat conservation projects that includes a description, including estimated costs, of each project that the Board recommends that the Secretary approve and fund under this title for the following fiscal year.
removed
Criteria for project selection— The 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:
removed
A recommendation of the Partnership that is, or will be, participating actively in implementing the fish habitat conservation project.
removed
The capabilities and experience of project proponents to implement successfully the proposed project.
removed
The extent to which the fish habitat conservation project—
removed
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 title;
removed
addresses the national priorities established by the Board;
removed
is supported by the findings of the habitat assessment of the Partnership or the Board, and aligns or is compatible with other conservation plans;
removed
identifies appropriate monitoring and evaluation measures and criteria that are compatible with national measures;
removed
provides a well-defined budget linked to deliverables and outcomes;
removed
leverages other funds to implement the project;
removed
addresses the causes and processes behind the decline of fish or fish habitats; and
removed
includes an outreach or education component that includes the local or regional community.
removed
The availability of sufficient non-Federal funds to match Federal contributions for the fish habitat conservation project, as required by subsection (e).
removed
The extent to which the fish habitat conservation project—
removed
will increase fish populations in a manner that leads to recreational fishing opportunities for the public;
removed
will be carried out through a cooperative agreement among Federal, State, and local governments, Indian Tribes, and private entities;
removed
increases public access to land or water for fish and wildlife-dependent recreational opportunities;
removed
advances the conservation of fish and wildlife species that have been identified by a State agency as species of greatest conservation need;
removed
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
removed
promotes strong and healthy fish habitats so that desired biological communities are able to persist and adapt.
removed
The substantiality of the character and design of the fish habitat conservation project.
removed
Limitations—
removed
Requirements for evaluation— No fish habitat conservation project may be recommended by the Board under subsection (b) or provided financial assistance under this title unless the fish habitat conservation project includes an evaluation plan designed using applicable Board guidance—
removed
to appropriately assess the biological, ecological, or other results of the habitat protection, restoration, or enhancement activities carried out using the assistance;
removed
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;
removed
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
removed
to require the submission to the Board of a report describing the findings of the assessment.
removed
Acquisition authorities—
removed
In general— A State, local government, or other non-Federal entity is eligible to receive funds for the acquisition of real property from willing sellers under this title if the acquisition ensures—
removed
public access for fish and wildlife-dependent recreation; or
removed
a scientifically based, direct enhancement to the health of fish and fish populations, as determined by the Board.
removed
State agency approval—
removed
In general— All real property interest acquisition projects funded under this title must be approved by the State agency in the State in which the project is occurring.
removed
Prohibition— The Board may not recommend, and the Secretary may not provide any funding for, any real property interest acquisition that has not been approved by the State agency.
removed
Assessment of other authorities— The Board may not recommend, and the Secretary may not provide any funding under this title for, any real property interest acquisition unless the Partnership that recommended the project has conducted a project assessment, submitted with the funding request and approved by the Board, to demonstrate all other Federal, State, and local authorities for the acquisition of real property have been exhausted.
removed
Restrictions— 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 conducted with funds provided under this title, unless—
removed
the owner of the real property authorizes the State, local government, or other non-Federal entity to acquire the real property; and
removed
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.
removed
Non-Federal contributions—
removed
In general— Except as provided in paragraphs (2) and (4), no fish habitat conservation project may be recommended by the Board under subsection (b) or provided financial assistance under this title unless at least 50 percent of the cost of the fish habitat conservation project will be funded with non-Federal funds.
removed
Non-Federal share— Such non-Federal share of the cost of a fish habitat conservation project—
removed
may not be derived from another Federal grant program; and
removed
may include in-kind contributions and cash.
removed
Special rule for Indian Tribes— Notwithstanding paragraph (1) or any other provision of law, any funds made available to an Indian Tribe pursuant to this title may be considered to be non-Federal funds for the purpose of paragraph (1).
removed
Waiver authority— The Secretary, in consultation with the Secretary of Commerce with respect to marine or estuarine projects, may waive the application of paragraph (2)(A) with respect to a State or an Indian Tribe, or otherwise reduce the portion of the non-Federal share of the cost of an activity required to be paid by a State or an Indian Tribe under paragraph (1), if the Secretary determines that the State or Indian Tribe does not have sufficient funds not derived from another Federal grant program to pay such non-Federal share, or portion of the non-Federal share, without the use of loans.
removed
Approval—
removed
In general— Not later than 90 days after the date of receipt of the recommended priority list of fish habitat conservation projects under subsection (b), and subject to subsection (d) and based, to the maximum extent practicable, on the criteria described in subsection (c), the Secretary, after consulting with the Secretary of Commerce on marine or estuarine projects, shall approve or reject any fish habitat conservation project recommended by the Board.
removed
Funding— If the Secretary approves a fish habitat conservation project under paragraph (1), the Secretary shall use amounts made available to carry out this title to provide funds to carry out the fish habitat conservation project.
removed
Notification— If the Secretary rejects under paragraph (1) any fish habitat conservation project recommended by the Board, not later than 90 days after the date of receipt of the recommendation, the Secretary shall provide to the Board, the appropriate Partnership, and the appropriate congressional committees a written statement of the reasons that the Secretary rejected the fish habitat conservation project.
Sec. 306 Technical and scientific assistance
removed
removed
In general— The Director, the National Oceanic and Atmospheric Administration Assistant Administrator, the Environmental Protection Agency Assistant Administrator, and the Director of the United States Geological Survey, in coordination with the Forest Service and other appropriate Federal departments and agencies, may provide scientific and technical assistance to Partnerships, participants in fish habitat conservation projects, and the Board.
removed
Inclusions— Scientific and technical assistance provided under subsection (a) may include—
removed
providing technical and scientific assistance to States, Indian Tribes, regions, local communities, and nongovernmental organizations in the development and implementation of Partnerships;
removed
providing technical and scientific assistance to Partnerships for habitat assessment, strategic planning, and prioritization;
removed
supporting the development and implementation of fish habitat conservation projects that are identified as high priorities by Partnerships and the Board;
removed
supporting and providing recommendations regarding the development of science-based monitoring and assessment approaches for implementation through Partnerships;
removed
supporting and providing recommendations for a national fish habitat assessment;
removed
ensuring the availability of experts to assist in conducting scientifically based evaluation and reporting of the results of fish habitat conservation projects; and
removed
providing resources to secure State agency scientific and technical assistance to support Partnerships, participants in fish habitat conservation projects, and the Board.
Sec. 307 Coordination with States and Indian Tribes
removed
removed
The Secretary shall provide a notice to, and cooperate with, the appropriate State agency or Tribal agency, as applicable, of each State and Indian Tribe within the boundaries of which an activity is planned to be carried out pursuant to this title, including notification, by not later than 30 days before the date on which the activity is implemented.
Sec. 308 Interagency Operational Plan
removed
removed
Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Director, in cooperation with the National Oceanic and Atmospheric Administration Assistant Administrator, the Environmental Protection Agency Assistant Administrator, the Director of the United States Geological Survey, and the heads of other appropriate Federal departments and agencies (including, at a minimum, those agencies represented on the Board) shall develop an interagency operational plan that describes—
removed
the functional, operational, technical, scientific, and general staff, administrative, and material needs for the implementation of this title; and
removed
any interagency agreements between or among Federal departments and agencies to address those needs.
Sec. 309 Accountability and reporting
removed
removed
Reporting—
removed
In general— Not later than 5 years after the date of enactment of this Act, and every 5 years thereafter, the Board shall submit to the appropriate congressional committees a report describing the progress of this title.
removed
Contents— Each report submitted under paragraph (1) shall include—
removed
an estimate of the number of acres, stream miles, or acre-feet, or other suitable measures of fish habitat, that was maintained or improved by Partnerships under this title during the 5-year period ending on the date of submission of the report;
removed
a description of the public access to fish habitats established or improved under this title during that 5-year period;
removed
a description of the improved opportunities for public recreational fishing achieved under this title; and
removed
an assessment of the status of fish habitat conservation projects carried out with funds provided under this title during that period, disaggregated by year, including—
removed
a description of the fish habitat conservation projects recommended by the Board under section 305(b);
removed
a description of each fish habitat conservation project approved by the Secretary under section 305(f), in order of priority for funding;
removed
a justification for—
removed
the approval of each fish habitat conservation project; and
removed
the order of priority for funding of each fish habitat conservation project;
removed
a justification for any rejection of a fish habitat conservation project recommended by the Board under section 305(b) that was based on a factor other than the criteria described in section 305(c); and
removed
an accounting of expenditures by Federal, State, or local governments, Indian Tribes, or other entities to carry out fish habitat conservation projects under this title.
removed
Status and trends report— Not later than December 31, 2020, and every 5 years thereafter, the Board shall submit to the appropriate congressional committees a report that includes—
removed
a status of all Partnerships designated under this title;
removed
a description of the status of fish habitats in the United States as identified by designated Partnerships; and
removed
enhancements or reductions in public access as a result of—
removed
the activities of the Partnerships; or
removed
any other activities carried out pursuant to this title.
Sec. 310 Effect of this title
removed
removed
Water rights— Nothing in this title—
removed
establishes any express or implied reserved water right in the United States for any purpose;
removed
affects any water right in existence on the date of enactment of this Act;
removed
preempts or affects any State water law or interstate compact governing water; or
removed
affects any Federal or State law in existence on the date of enactment of the Act regarding water quality or water quantity.
removed
Authority To acquire water rights or rights to property— Only a State, local government, or other non-Federal entity may acquire, under State law, water rights or rights to property with funds made available through section 312.
removed
State authority— Nothing in this title—
removed
affects the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under the laws and regulations of the State; or
removed
authorizes the Secretary to control or regulate within a State the fishing or hunting of fish and wildlife.
removed
Effect on Indian Tribes— Nothing in this title abrogates, abridges, affects, modifies, supersedes, or alters any right of an Indian Tribe recognized by treaty or any other means, including—
removed
an agreement between the Indian Tribe and the United States;
removed
Federal law (including regulations);
removed
an Executive order; or
removed
a judicial decree.
removed
Adjudication of water rights— Nothing in this title diminishes or affects the ability of the Secretary to join an adjudication of rights to the use of water pursuant to subsection (a), (b), or (c) of section 308 of the Departments of State, Justice, Commerce, and The Judiciary Appropriation Act, 1953 (43 U.S.C. 666).
removed
Department of Commerce authority— Nothing in this title affects the authority, jurisdiction, or responsibility of the Department of Commerce to manage, control, or regulate fish or fish habitats under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
removed
Effect on other authorities—
removed
Private property protection— Nothing in this title permits the use of funds made available to carry out this title to acquire real property or a real property interest without the written consent of each owner of the real property or real property interest, respectively.
removed
Mitigation— Nothing in this title authorizes the use of funds made available to carry out this title for fish and wildlife mitigation purposes under—
removed
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
removed
the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.);
removed
the Water Resources Development Act of 1986 (Public Law 99–662; 100 Stat. 4082); or
removed
any other Federal law or court settlement.
removed
Clean Water Act— Nothing in this title affects any provision of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), including any definition in that Act.
Sec. 311 Nonapplicability of Federal Advisory Committee Act
removed
removed
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to—
removed
the Board; or
removed
any Partnership.
Sec. 312 Funding
removed
removed
Authorization of appropriations—
removed
Fish Habitat Conservation Projects— There is authorized to be appropriated to the Secretary $7,200,000 for each of fiscal years 2019 through 2023 to provide funds for fish habitat conservation projects approved under section 305(f), of which 5 percent is authorized only for projects carried out by Indian Tribes.
removed
Administrative and planning expenses— There is authorized to be appropriated to the Secretary for each of fiscal years 2019 through 2023 an amount equal to 5 percent of the amount appropriated for the applicable fiscal year pursuant to paragraph (1)—
removed
for administrative and planning expenses under this title; and
removed
to carry out section 309.
removed
Technical and scientific assistance— There is authorized to be appropriated for each of fiscal years 2020 through 2024 to carry out, and provide technical and scientific assistance under, section 306—
removed
$400,000 to the Secretary for use by the United States Fish and Wildlife Service;
removed
$400,000 to the National Oceanic and Atmospheric Administration Assistant Administrator for use by the National Oceanic and Atmospheric Administration;
removed
$400,000 to the Environmental Protection Agency Assistant Administrator for use by the Environmental Protection Agency;
removed
$400,000 to the Secretary for use by the United States Geological Survey; and
removed
$400,000 to the Chief of the Forest Service for use by the United States Department of Agriculture Forest Service.
removed
Agreements and grants— The Secretary may—
removed
on the recommendation of the Board, and notwithstanding sections 6304 and 6305 of title 31, United States Code, and the Federal Financial Assistance Management Improvement Act of 1999 (31 U.S.C. 6101 note; Public Law 106–107), enter into a grant agreement, cooperative agreement, or contract with a Partnership or other entity to provide funds authorized by this title for a fish habitat conservation project or restoration or enhancement project;
removed
apply for, accept, and, subject to the availability of appropriations, use a grant from any individual or entity to carry out the purposes of this title; and
removed
subject to the availability of appropriations, make funds authorized by this Act available to any Federal department or agency for use by that department or agency to provide grants for any fish habitat protection project, restoration project, or enhancement project that the Secretary determines to be consistent with this title.
removed
Donations—
removed
In general— The Secretary may—
removed
enter into an agreement with any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of that Code to solicit private donations to carry out the purposes of this title; and
removed
accept donations of funds, property, and services to carry out the purposes of this title.
removed
Treatment— A donation accepted under this title—
removed
shall be considered to be a gift or bequest to, or otherwise for the use of, the United States; and
removed
may be—
removed
used directly by the Secretary; or
removed
provided to another Federal department or agency through an interagency agreement.
Sec. 313 Prohibition against implementation of regulatory authority by Federal agencies through Partnerships
removed
removed
Any Partnership designated under this title—
removed
shall be for the sole purpose of promoting fish conservation; and
removed
shall not be used to implement any regulatory authority of any Federal agency.
Sec. 401 Sense of the Senate regarding conservation agreements and activities
removed
removed
It is the sense of the Senate that—
removed
voluntary conservation agreements benefit species and the habitats on which the species rely;
removed
States, Indian Tribes, units of local government, landowners, and other stakeholders should be encouraged to participate in voluntary conservation agreements; and
removed
the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, and the Secretary of Commerce, acting through the Assistant Administrator of the National Marine Fisheries Service, should consider the enrollment in, and performance of, conservation agreements and investment in, and implementation of, general conservation activities by States, Indian Tribes, units of local government, landowners, and other stakeholders in making determinations under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Sec. 402 Study to review conservation factors
removed
removed
Definition of Secretaries— In this section, the term Secretaries means—
removed
the Secretary of Agriculture;
removed
the Secretary of Commerce, acting through the Assistant Administrator of the National Marine Fisheries Service; and
removed
the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.
removed
Study— To assess factors affecting successful conservation activities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Secretaries shall carry out a study—
removed
to review any factors that threaten or endanger a species for which a listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) would not lead to a sustainable population of the species;
removed
to review any barriers to—
removed
the delivery of Federal, State, local, or private funds for such conservation activities, including statutory or regulatory impediments, staffing needs, and other relevant considerations; or
removed
the implementation of conservation agreements, plans, or other cooperative agreements, including agreements focused on voluntary activities, multispecies efforts, and other relevant considerations;
removed
to review factors that impact the ability of the Federal Government to successfully implement the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
removed
to develop recommendations regarding methods to address barriers identified under paragraph (2), if any; and
removed
to review determinations under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) in which a species is determined to be recovered by the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, or the Secretary of Commerce, acting through the Assistant Administrator of the National Marine Fisheries Service, but remains listed under that Act, including—
removed
an explanation of the factors preventing a delisting or downlisting of the species; and
removed
recommendations regarding methods to address the factors described in subparagraph (A).
removed
Report— Not later than 1 year after the date of enactment of this Act, the Secretaries shall submit to the Committees on Appropriations and Environment and Public Works of the Senate and the Committees on Appropriations and Natural Resources of the House of Representatives and make publicly available a report describing the results of the study under subsection (b).
Sec. 403 Study and report on expenditures
removed
removed
Reports on expenditures—
removed
Federal departments and agencies—
removed
In general— At the determination of the Comptroller General of the United States (referred to in this section as the Comptroller General), to facilitate the preparation of the reports from the Comptroller General under paragraph (2), the head of each Federal department and agency shall submit to the Comptroller General data and other relevant information that describes the amounts expended or disbursed (including through loans, loan guarantees, grants, or any other financing mechanism) by the department or agency as a direct result of any provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (including any regulation promulgated pursuant to that Act) during—
removed
with respect to the first report under paragraph (2), the 3 fiscal years preceding the date of submission of the report; and
removed
with respect to the second report under paragraph (2), the 2 fiscal years preceding the date of submission of the report.
removed
Requirements— Data and other relevant information submitted under subparagraph (A) shall describe, with respect to the applicable amounts—
removed
the programmatic office of the department or agency on behalf of which each amount was expended or disbursed;
removed
the provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (or regulation promulgated pursuant to that Act) pursuant to which each amount was expended or disbursed; and
removed
the project or activity carried out using each amount, in detail sufficient to reflect the breadth, scope, and purpose of the project or activity.
removed
Comptroller General— Not later than 2 years and 4 years after the date of enactment of this Act, the Comptroller General shall submit to the Committees on Appropriations, Commerce, Science, and Transportation, and Environment and Public Works of the Senate and the Committee on Appropriations and Natural Resources of the House of Representatives a report that describes—
removed
the aggregate amount expended or disbursed by all Federal departments and agencies as a direct result of any provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (including any regulation promulgated pursuant to that Act) during—
removed
with respect to the first report, the 3 fiscal years preceding the date of submission of the report; and
removed
with respect to the second report, the 2 fiscal years preceding the date of submission of the report;
removed
the provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (or regulation promulgated pursuant to that Act) pursuant to which each such amount was expended or disbursed; and
removed
with respect to each relevant department or agency—
removed
the total amount expended or disbursed by the department or agency as described in subparagraph (A); and
removed
the information described in clauses (i) through (iii) of paragraph (1)(B).
removed
Report on conservation activities—
removed
Federal departments and agencies— At the determination of the Comptroller General, to facilitate the preparation of the report under paragraph (2), the head of each Federal department and agency shall submit to the Comptroller General data and other relevant information that describes the conservation activities by the Federal department or agency as a direct result of any provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (including any regulation promulgated pursuant to that Act) during—
removed
with respect to the first report under paragraph (2), the 3 fiscal years preceding the date of submission of the report; and
removed
with respect to the second report under paragraph (2), the 2 fiscal years preceding the date of submission of the report.
removed
Comptroller General— Not later than 2 years and 4 years after the date of enactment of this Act, the Comptroller General shall submit to the Committees on Commerce, Science, and Transportation and Environment and Public Works of the Senate and the Committee on Natural Resources of the House of Representatives a report that—
removed
describes the conservation activities by all Federal departments and agencies for species listed as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as reported under paragraph (1), during—
removed
with respect to the first report, the 3 fiscal years preceding the date of submission of the report; and
removed
with respect to the second report, the 2 fiscal years preceding the date of submission of the report;
removed
is organized into categories with respect to whether a recovery plan for a species has been established;
removed
includes conservation outcomes associated with the conservation activities; and
removed
as applicable, describes the conservation activities that required interaction between Federal agencies and between Federal agencies and State and Tribal agencies and units of local government pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Sec. 404 Use of value of land for cost sharing
removed
removed
The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) is amended—
removed
by redesignating section 13 as section 14; and
removed
by inserting after section 12 the following:
removed
“13. Value of land
removed
“Notwithstanding any other provision of law, any institution eligible to receive Federal funds under the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601 et seq.) shall be allowed to use the value of any land owned by the institution as an in-kind match to satisfy any cost sharing requirement under this Act.”