S. 47 — what changed
John D. Dingell, Jr. Conservation, Management, and Recreation Act
From Engrossed in Senate to Enrolled Bill. 10 sections amended between Engrossed in Senate and Enrolled Bill.
1. Short title; table of contents
1116. Technical corrections to certain laws relating to Federal land in the State of Nevada
“(B) Federal land—The term “Federal land” means the land generally depicted as “Federal land” on the map.
“(C) Map—The term “map” means the map entitled “Storey County Land Conveyance” and dated June 6, 2018.”
“(B) Valid mining claims—With respect”
“(9) Availability of map—The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.”
“(e) Mt. Moriah Wilderness adjustment—The boundary of the Mt. Moriah Wilderness established under section 2(13) of the Nevada Wilderness Protection Act of 1989 (16 U.S.C. 1132 note) is adjusted to include—
“(1) the land identified as the “Mount Moriah Wilderness Area” and “Mount Moriah Additions” on the map entitled “Eastern White Pine County” and dated November 29, 2006; and
“(2) the land identified as “NFS Lands” on the map entitled “Proposed Wilderness Boundary Adjustment Mt. Moriah Wilderness Area” and dated January 19, 2017.
“(f) High Schells Wilderness adjustment—The boundary of the High Schells Wilderness established under subsection (a)(11) is adjusted—
“(1) to include the land identified as “Include as Wilderness” on the map entitled “McCoy Creek Adjustment” and dated November 3, 2014; and
“(2) to exclude the land identified as “NFS Lands” on the map entitled “Proposed Wilderness Boundary Adjustment High Schells Wilderness Area” and dated January 19, 2017.”
“12. Arc Dome Boundary adjustment
“The boundary of the Arc Dome Wilderness established under section 2(2) is adjusted to exclude the land identified as “Exclude from Wilderness” on the map entitled “Arc Dome Adjustment” and dated November 3, 2014.”
1122. Rio Puerco Watershed management program
1454. Tribal uses and interests
Section 705 of the California Desert Protection Act is 1994 (16 U.S.C. 410aaa–75) is amended—
“(a) Access—The Secretary shall ensure access to areas designated under this Act by members of Indian Tribes for traditional cultural and religious purposes, consistent with applicable law, including Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) (42 U.S.C. 1996).
“(b) Temporary closure
“(1) In general—In accordance with applicable law, including Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) (42 U.S.C. 1996), and subject to paragraph (2), the Secretary, on request of an Indian Tribe or Indian religious community, shall temporarily close to general public use any portion of an area designated as a national monument, special management area, wild and scenic river, area of critical environmental concern, or National Park System unit under this Act (referred to in this subsection as a “designated area”) to protect the privacy of traditional cultural and religious activities in the designated area by members of the Indian Tribe or Indian religious community.
“(2) Limitation—In closing a portion of a designated area under paragraph (1), the Secretary shall limit the closure to the smallest practicable area for the minimum period necessary for the traditional cultural and religious activities.”
“(d) Tribal cultural resources management plan
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“(1) In general—Not later than 2 years after the date of enactment of the Natural Resources Management John D. Dingell, Jr. Conservation, Management, and Recreation Act, the Secretary shall develop and implement a Tribal cultural resources management plan to identify, protect, and conserve cultural resources of Indian Tribes associated with the Xam Kwatchan Trail network extending from Avikwaame (Spirit Mountain, Nevada) to Avikwlal (Pilot Knob, California).
“(2) Consultation—The Secretary shall consult on the development and implementation of the Tribal cultural resources management plan under paragraph (1) with—
“(A) each of—
“(i) the Chemehuevi Indian Tribe;
“(ii) the Hualapai Tribal Nation;
“(iii) the Fort Mojave Indian Tribe;
“(iv) the Colorado River Indian Tribes;
“(v) the Quechan Indian Tribe; and
“(vi) the Cocopah Indian Tribe;
“(B) the Advisory Council on Historic Preservation; and
“(C) the State Historic Preservation Offices of Nevada, Arizona, and California.
“(3) Resource protection—The Tribal cultural resources management plan developed under paragraph (1) shall—
“(A) be based on a completed Tribal cultural resources survey; and
“(B) include procedures for identifying, protecting, and preserving petroglyphs, ancient trails, intaglios, sleeping circles, artifacts, and other resources of cultural, archaeological, or historical significance in accordance with all applicable laws and policies, including—
“(i) chapter 2003 of title 54, United States Code;
“(ii) Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) (42 U.S.C. 1996);
“(iii) the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.);
“(iv) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and
“(v) Public Law 103–141 (commonly known as the “Religious Freedom Restoration Act of 1993”) (42 U.S.C. 2000bb et seq.).
“(e) Withdrawal—Subject to valid existing rights, all Federal land within the area administratively withdrawn and known as the “Indian Pass Withdrawal Area” is permanently withdrawn from—
“(1) all forms of entry, appropriation, or disposal under the public land laws;
“(2) location, entry, and patent under the mining laws; and
“(3) right-of-way leasing and disposition under all laws relating to minerals or solar, wind, or geothermal energy.”
4201. Federal action transparency
“(e)
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“(1) Not later than March 31 of the first fiscal year beginning after the date of enactment of the Natural Resources Management John D. Dingell, Jr. Conservation, Management, and Recreation Act, and every fiscal year thereafter, the Chairman of the Administrative Conference of the United States, after consultation with the Chief Counsel for Advocacy of the Small Business Administration, shall submit to Congress and make publicly available online a report on the amount of fees and other expenses awarded during the preceding fiscal year under this section.
“(2) Each report under paragraph (1) shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards.
“(3)
“(A) Each report under paragraph (1) shall account for all payments of fees and other expenses awarded under this section that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to a nondisclosure provision.
“(B) The disclosure of fees and other expenses required under subparagraph (A) shall not affect any other information that is subject to a nondisclosure provision in a settlement agreement.
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“(f) As soon as practicable, and in any event not later than the date on which the first report under subsection (e)(1) is required to be submitted, the Chairman of the Administrative Conference of the United States shall create and maintain online a searchable database containing, with respect to each award of fees and other expenses under this section made on or after the date of enactment of the Natural Resources Management John D. Dingell, Jr. Conservation, Management, and Recreation Act, the following information:
“(1) The case name and number of the adversary adjudication, if available, hyperlinked to the case, if available.
“(2) The name of the agency involved in the adversary adjudication.
“(3) A description of the claims in the adversary adjudication.
“(4) The name of each party to whom the award was made as such party is identified in the order or other court document making the award.
“(5) The amount of the award.
“(6) The basis for the finding that the position of the agency concerned was not substantially justified.
“(g) The online searchable database described in subsection (f) may not reveal any information the disclosure of which is prohibited by law or a court order.
“(h) The head of each agency shall provide to the Chairman of the Administrative Conference of the United States in a timely manner all information requested by the Chairman to comply with the requirements of subsections (e), (f), and (g).”
“(5)
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“(A) Not later than March 31 of the first fiscal year beginning after the date of enactment of the Natural Resources Management John D. Dingell, Jr. Conservation, Management, and Recreation Act, and every fiscal year thereafter, the Chairman of the Administrative Conference of the United States shall submit to Congress and make publicly available online a report on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection.
“(B) Each report under subparagraph (A) shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards.
“(C)
“(i) Each report under subparagraph (A) shall account for all payments of fees and other expenses awarded under this subsection that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to a nondisclosure provision.
“(ii) The disclosure of fees and other expenses required under clause (i) shall not affect any other information that is subject to a nondisclosure provision in a settlement agreement.
“(D) The Chairman of the Administrative Conference of the United States shall include and clearly identify in each annual report under subparagraph (A), for each case in which an award of fees and other expenses is included in the report—
“(i) any amounts paid under section 1304 of title 31 for a judgment in the case;
“(ii) the amount of the award of fees and other expenses; and
“(iii) the statute under which the plaintiff filed suit.
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“(6) As soon as practicable, and in any event not later than the date on which the first report under paragraph (5)(A) is required to be submitted, the Chairman of the Administrative Conference of the United States shall create and maintain online a searchable database containing, with respect to each award of fees and other expenses under this subsection made on or after the date of enactment of the Natural Resources Management John D. Dingell, Jr. Conservation, Management, and Recreation Act, the following information:
“(A) The case name and number, hyperlinked to the case, if available.
“(B) The name of the agency involved in the case.
“(C) The name of each party to whom the award was made as such party is identified in the order or other court document making the award.
“(D) A description of the claims in the case.
“(E) The amount of the award.
“(F) The basis for the finding that the position of the agency concerned was not substantially justified.
“(7) The online searchable database described in paragraph (6) may not reveal any information the disclosure of which is prohibited by law or a court order.
“(8) The head of each agency (including the Attorney General of the United States) shall provide to the Chairman of the Administrative Conference of the United States in a timely manner all information requested by the Chairman to comply with the requirements of paragraphs (5), (6), and (7).”
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“(d) Beginning not later than the date that is 60 days after the date of enactment of the Natural Resources Management John D. Dingell, Jr. Conservation, Management, and Recreation Act, and unless the disclosure of such information is otherwise prohibited by law or a court order, the Secretary of the Treasury shall make available to the public on a website, as soon as practicable, but not later than 30 days after the date on which a payment under this section is tendered, the following information with regard to that payment:
“(1) The name of the specific agency or entity whose actions gave rise to the claim or judgment.
“(2) The name of the plaintiff or claimant.
“(3) The name of counsel for the plaintiff or claimant.
“(4) The amount paid representing principal liability, and any amounts paid representing any ancillary liability, including attorney fees, costs, and interest.
“(5) A brief description of the facts that gave rise to the claim.
“(6) The name of the agency that submitted the claim.”
5002. Reauthorization of National Geologic Mapping Act of 1992
7001. Wildlife habitat and conservation
“1. Short title; authorization
“(a) Short title—This Act may be cited as the “Fish and Wildlife Coordination Act”.
“(b) Authorization—For the purpose”
“10. Protection of water, oceans, coasts, and wildlife from invasive species
“(a) Definitions—In this section:
“(1) Control—The term control, with respect to an invasive species, means the eradication, suppression, or reduction of the population of the invasive species within the area in which the invasive species is present.
“(2) Ecosystem—The term ecosystem means the complex of a community of organisms and the environment of the organisms.
“(3) Eligible State—The term eligible State means any of—
“(A) a State;
“(B) the District of Columbia;
“(C) the Commonwealth of Puerto Rico;
“(D) Guam;
“(E) American Samoa;
“(F) the Commonwealth of the Northern Mariana Islands; and
“(G) the United States Virgin Islands.
“(4) Invasive species
“(A) In general—The term invasive species means an alien species, the introduction of which causes, or is likely to cause, economic or environmental harm or harm to human health.
“(B) Associated definition—For purposes of subparagraph (A), the term alien species, with respect to a particular ecosystem, means any species (including the seeds, eggs, spores, or other biological material of the species that are capable of propagating the species) that is not native to the affected ecosystem.
“(5) Manage; management—The terms manage and management, with respect to an invasive species, mean the active implementation of any activity—
“(A) to reduce or stop the spread of the invasive species; and
“(B) to inhibit further infestations of the invasive species, the spread of the invasive species, or harm caused by the invasive species, including investigations regarding methods for early detection and rapid response, prevention, control, or management of the invasive species.
“(6) Prevent—The term prevent, with respect to an invasive species, means—
“(A) to hinder the introduction of the invasive species onto land or water; or
“(B) to impede the spread of the invasive species within land or water by inspecting, intercepting, or confiscating invasive species threats prior to the establishment of the invasive species onto land or water of an eligible State.
“(7) Secretary concerned—The term Secretary concerned means—
“(A) the Secretary of the Army, with respect to Federal land administered by the Corps of Engineers;
“(B) the Secretary of the Interior, with respect to Federal land administered by the Secretary of the Interior through—
“(i) the United States Fish and Wildlife Service;
“(ii) the Bureau of Indian Affairs;
“(iii) the Bureau of Land Management;
“(iv) the Bureau of Reclamation; or
“(v) the National Park Service;
“(C) the Secretary of Agriculture, with respect to Federal land administered by the Secretary of Agriculture through the Forest Service; and
“(D) the head or a representative of any other Federal agency the duties of whom require planning relating to, and the treatment of, invasive species for the purpose of protecting water and wildlife on land and coasts and in oceans and water.
“(8) Species—The term species means a group of organisms, all of which—
“(A) have a high degree of genetic similarity;
“(B) are morphologically distinct;
“(C) generally—
“(i) interbreed at maturity only among themselves; and
“(ii) produce fertile offspring; and
“(D) show persistent differences from members of allied groups of organisms.
“(b) Control and management—Each Secretary concerned shall plan and carry out activities on land directly managed by the Secretary concerned to protect water and wildlife by controlling and managing invasive species—
“(1) to inhibit or reduce the populations of invasive species; and
“(2) to effectuate restoration or reclamation efforts.
“(c) Strategic plan
“(1) In general—Each Secretary concerned shall develop a strategic plan for the implementation of the invasive species program to achieve, to the maximum extent practicable, a substantive annual net reduction of invasive species populations or infested acreage on land or water managed by the Secretary concerned.
“(2) Coordination—Each strategic plan under paragraph (1) shall be developed—
“(A) in coordination with affected—
“(i) eligible States; and
“(ii) political subdivisions of eligible States;
“(B) in consultation with federally recognized Indian tribes; and
“(C) in accordance with the priorities established by 1 or more Governors of the eligible States in which an ecosystem affected by an invasive species is located.
“(3) Factors for consideration—In developing a strategic plan under this subsection, the Secretary concerned shall take into consideration the economic and ecological costs of action or inaction, as applicable.
“(d) Cost-effective methods—In selecting a method to be used to control or manage an invasive species as part of a specific control or management project conducted as part of a strategic plan developed under subsection (c), the Secretary concerned shall prioritize the use of methods that—
“(1) effectively control and manage invasive species, as determined by the Secretary concerned, based on sound scientific data;
“(2) minimize environmental impacts; and
“(3) control and manage invasive species in the most cost-effective manner.
“(e) Comparative economic assessment—To achieve compliance with subsection (d), the Secretary concerned shall require a comparative economic assessment of invasive species control and management methods to be conducted.
“(f) Expedited action
“(1) In general—The Secretaries concerned shall use all tools and flexibilities available (as of the date of enactment of this section) to expedite the projects and activities described in paragraph (2).
“(2) Description of projects and activities—A project or activity referred to in paragraph (1) is a project or activity—
“(A) to protect water or wildlife from an invasive species that, as determined by the Secretary concerned is, or will be, carried out on land or water that is—
“(i) directly managed by the Secretary concerned; and
“(ii) located in an area that is—
“(I) at high risk for the introduction, establishment, or spread of invasive species; and
“(II) determined by the Secretary concerned to require immediate action to address the risk identified in subclause (I); and
“(B) carried out in accordance with applicable agency procedures, including any applicable—
“(i) land or resource management plan; or
“(ii) land use plan.
“(g) Allocation of funding—Of the amount appropriated or otherwise made available to each Secretary concerned for a fiscal year for programs that address or include protection of land or water from an invasive species, the Secretary concerned shall use not less than 75 percent for on-the-ground control and management of invasive species, which may include—
“(1) the purchase of necessary products, equipment, or services to conduct that control and management;
“(2) the use of integrated pest management options, including options that use pesticides authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.);
“(3) the use of biological control agents that are proven to be effective to reduce invasive species populations;
“(4) the use of revegetation or cultural restoration methods designed to improve the diversity and richness of ecosystems;
“(5) the use of monitoring and detection activities for invasive species, including equipment, detection dogs, and mechanical devices;
“(6) the use of appropriate methods to remove invasive species from a vehicle or vessel capable of conveyance; or
“(7) the use of other effective mechanical or manual control methods.
“(h) Investigations, outreach, and public awareness—Of the amount appropriated or otherwise made available to each Secretary concerned for a fiscal year for programs that address or include protection of land or water from an invasive species, the Secretary concerned may use not more than 15 percent for investigations, development activities, and outreach and public awareness efforts to address invasive species control and management needs.
“(i) Administrative costs—Of the amount appropriated or otherwise made available to each Secretary concerned for a fiscal year for programs that address or include protection of land or water from an invasive species, not more than 10 percent may be used for administrative costs incurred to carry out those programs, including costs relating to oversight and management of the programs, recordkeeping, and implementation of the strategic plan developed under subsection (c).
“(j) Reporting requirements—Not later than 60 days after the end of the second fiscal year beginning after the date of enactment of this section, each Secretary concerned shall submit to Congress a report—
“(1) describing the use by the Secretary concerned during the 2 preceding fiscal years of funds for programs that address or include invasive species management; and
“(2) specifying the percentage of funds expended for each of the purposes specified in subsections (g), (h), and (i).
“(k) Relation to other authority
“(1) Other invasive species control, prevention, and management authorities—Nothing in this section precludes the Secretary concerned from pursuing or supporting, pursuant to any other provision of law, any activity regarding the control, prevention, or management of an invasive species, including investigations to improve the control, prevention, or management of the invasive species.
“(2) Public water supply systems—Nothing in this section authorizes the Secretary concerned to suspend any water delivery or diversion, or otherwise to prevent the operation of a public water supply system, as a measure to control, manage, or prevent the introduction or spread of an invasive species.
“(l) Use of partnerships—Subject to the subsections (m) and (n), the Secretary concerned may enter into any contract or cooperative agreement with another Federal agency, an eligible State, a federally recognized Indian tribe, a political subdivision of an eligible State, or a private individual or entity to assist with the control and management of an invasive species.
“(m) Memorandum of understanding
“(1) In general—As a condition of a contract or cooperative agreement under subsection (l), the Secretary concerned and the applicable Federal agency, eligible State, political subdivision of an eligible State, or private individual or entity shall enter into a memorandum of understanding that describes—
“(A) the nature of the partnership between the parties to the memorandum of understanding; and
“(B) the control and management activities to be conducted under the contract or cooperative agreement.
“(2) Contents—A memorandum of understanding under this subsection shall contain, at a minimum, the following:
“(A) A prioritized listing of each invasive species to be controlled or managed.
“(B) An assessment of the total acres of land or area of water infested by the invasive species.
“(C) An estimate of the expected total acres of land or area of water infested by the invasive species after control and management of the invasive species is attempted.
“(D) A description of each specific, integrated pest management option to be used, including a comparative economic assessment to determine the least-costly method.
“(E) Any map, boundary, or Global Positioning System coordinates needed to clearly identify the area in which each control or management activity is proposed to be conducted.
“(F) A written assurance that each partner will comply with section 15 of the Federal Noxious Weed Act of 1974 (7 U.S.C. 2814).
“(3) Coordination—If a partner to a contract or cooperative agreement under subsection (l) is an eligible State, political subdivision of an eligible State, or private individual or entity, the memorandum of understanding under this subsection shall include a description of—
“(A) the means by which each applicable control or management effort will be coordinated; and
“(B) the expected outcomes of managing and controlling the invasive species.
“(4) Public outreach and awareness efforts—If a contract or cooperative agreement under subsection (l) involves any outreach or public awareness effort, the memorandum of understanding under this subsection shall include a list of goals and objectives for each outreach or public awareness effort that have been determined to be efficient to inform national, regional, State, Tribal, or local audiences regarding invasive species control and management.
“(n) Investigations—The purpose of any invasive species-related investigation carried out under a contract or cooperative agreement under subsection (l) shall be—
“(1) to develop solutions and specific recommendations for control and management of invasive species; and
“(2) specifically to provide faster implementation of control and management methods.
“(o) Coordination with affected local governments—Each project and activity carried out pursuant to this section shall be coordinated with affected local governments in a manner that is consistent with section 202(c)(9) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)(9)).”
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“(1) Convention—Not later than 1 year after the date of enactment of the Natural Resources Management John D. Dingell, Jr. Conservation, Management, and Recreation Act, and every 5 years thereafter, the Secretary may convene a panel of experts on great apes to identify the greatest needs and priorities for the conservation of great apes.”
“(2) Composition—The Secretary shall ensure that the panel referred to in paragraph (1) includes, to the maximum extent practicable, 1 or more representatives—
“(A) from each country that comprises the natural range of great apes; and
“(B) with expertise in great ape conservation.
“(3) Conservation plans—In identifying the conservation needs and priorities under paragraph (1), the panel referred to in that paragraph shall consider any relevant great ape conservation plan or strategy, including scientific research and findings relating to—
“(A) the conservation needs and priorities of great apes;
“(B) any regional or species-specific action plan or strategy;
“(C) any applicable strategy developed or initiated by the Secretary; and
“(D) any other applicable conservation plan or strategy.
“(4) Funds—Subject to the availability of appropriations, the Secretary may use amounts available to the Secretary to pay for the costs of convening and facilitating any meeting of the panel referred to in paragraph (1).”
“(j) Multiyear grants
“(1) Authorization—The Secretary may award to a person who is otherwise eligible for a grant under this section a multiyear grant to carry out a project that the person demonstrates is an effective, long-term conservation strategy for great apes and the habitat of great apes.
“(2) Effect of subsection—Nothing in this subsection precludes the Secretary from awarding a grant on an annual basis.”
“(b) Purpose—The purpose of this Act is to assist in the conservation of marine turtles, freshwater turtles, and tortoises and the habitats of marine turtles, freshwater turtles, and tortoises in foreign countries and territories of the United States by supporting and providing financial resources for projects—
“(1) to conserve marine turtle, freshwater turtle, and tortoise habitats under the jurisdiction of United States Fish and Wildlife Service programs;
“(2) to conserve marine turtles, freshwater turtles, and tortoises in those habitats; and
“(3) to address other threats to the survival of marine turtles, freshwater turtles, and tortoises, including habitat loss, poaching of turtles or their eggs, and wildlife trafficking.”
“(3) Freshwater turtle
“(A) In general—The term freshwater turtle means any member of the family Carettochelyidae, Chelidae, Chelydridae, Dermatemydidae, Emydidae, Geoemydidae, Kinosternidae, Pelomedusidae, Platysternidae, Podocnemididae, or Trionychidae.
“(B) Inclusions—The term freshwater turtle includes—
“(i) any part, product, egg, or offspring of a turtle described in subparagraph (A); and
“(ii) a carcass of such a turtle.”
“(5) Habitat—The term habitat means any marine turtle, freshwater turtle, or tortoise habitat (including a nesting habitat) that is under the jurisdiction of United States Fish and Wildlife Service programs.”
“(9) Territory of the United States—The term territory of the United States means—
“(A) American Samoa;
“(B) the Commonwealth of the Northern Mariana Islands;
“(C) the Commonwealth of Puerto Rico;
“(D) Guam;
“(E) the United States Virgin Islands; and
“(F) any other territory or possession of the United States.
“(10) Tortoise
“(A) In general—The term tortoise means any member of the family Testudinidae.
“(B) Inclusions—The term tortoise includes—
“(i) any part, product, egg, or offspring of a tortoise described in subparagraph (A); and
“(ii) a carcass of such a tortoise.”
“(A) any wildlife management authority of a foreign country or territory of the United States that has within its boundaries marine turtle, freshwater turtle, or tortoise habitat, if the activities of the authority directly or indirectly affect marine turtle, freshwater turtle, or tortoise conservation; or”
“(d) Criteria for approval—The Secretary may approve a project proposal under this section if the Secretary determines that the project will help to restore, recover, and sustain a viable population of marine turtles, freshwater turtles, or tortoises in the wild by assisting efforts in a foreign country or territory of the United States to implement a marine turtle, freshwater turtle, or tortoise conservation program.”
“7. Authorization of appropriations
“(a) In general—There is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2019 through 2023.
“(b) Allocation—Of the amounts made available for each fiscal year pursuant to subsection (a)—
“(1) not less than $1,510,000 shall be used by the Secretary for marine turtle conservation purposes in accordance with this Act; and
“(2) of the amounts in excess of the amount described in paragraph (1), not less than 40 percent shall be used by the Secretary for freshwater turtle and tortoise conservation purposes in accordance with this Act.”
7003. John H. Chafee Coastal Barrier Resources System
“(1) In general”
“(2) Digital maps
“(A) Availability—The Secretary shall make available to the public on the Internet web site of the United States Fish and Wildlife Service digital versions of the maps included in the set of maps referred to in subsection (a).
“(B) Effect—Any determination as to whether a location is inside or outside the System shall be made without regard to the digital maps available under this paragraph, except that this subparagraph does not apply with respect to any printed version of such a digital map if the printed version is included in the maps referred to in subsection (a).
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“(C) Report—No later than 180 days after the date of the enactment of Natural Resources Management John D. Dingell, Jr. Conservation, Management, and Recreation Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a report regarding the progress and challenges in the transition from paper to digital maps and a timetable for completion of the digitization of all maps related to the System.”
8202. Modification of purposes and definitions
“(1) to protect, mitigate, and enhance fish and wildlife and the recovery and maintenance of self-sustaining harvestable populations of fish and other aquatic life, both anadromous and resident species, throughout their historic distribution range in the Yakima Basin through—
“(A) improved water management and the constructions of fish passage at storage and diversion dams, as authorized under the Hoover Power Plant Act of 1984 (43 U.S.C. 619 et seq.);
“(B) improved instream flows and water supplies;
“(C) improved water quality, watershed, and ecosystem function;
“(D) protection, creation, and enhancement of wetlands; and
“(E) other appropriate means of habitat improvement;”
“(3) to authorize the Secretary to make water available for purchase or lease for meeting municipal, industrial, and domestic water supply purposes;”
changed
“(5) to realize sufficient water savings from implementing the Yakima River Basin Integrated Water Resource Management Plan, so that not less than 85,000 acre feet of water savings are achieved by implementing the initial development phase of the Integrated Plan pursuant to section 8201(b)(1) of the Natural Resources Management John D. Dingell, Jr. Conservation, Management, and Recreation Act, in addition to the 165,000 acre-feet of water savings targeted through the Basin Conservation Program, as authorized on October 31, 1994;”
“(7) to encourage an increase in the use of, and reduce the barriers to, water transfers, leasing, markets, and other voluntary transactions among public and private entities to enhance water management in the Yakima River basin;”
“(9) to improve the resilience of the ecosystems, economies, and communities in the Yakima River basin facing drought, hydrologic changes, and other related changes and variability in natural and human systems, for the benefit of the people, fish, and wildlife of the region.”
“(6) Designated Federal official—The term designated Federal official means the Commissioner of Reclamation (or a designee), acting pursuant to the charter of the Conservation Advisory Group.
changed
“(7) Integrated Plan—The term Integrated Plan has the meaning given the term in section 8201(a) of the Natural Resources Management John D. Dingell, Jr. Conservation, Management, and Recreation Act, to be carried out in cooperation with, and in addition to, activities of the State of Washington and the Yakama Nation.”
“(9) Municipal, industrial, and domestic water supply and use—The term municipal, industrial, and domestic water supply and use means the supply and use of water for—
“(A) domestic consumption (whether urban or rural);
“(B) maintenance and protection of public health and safety;
“(C) manufacture, fabrication, processing, assembly, or other production of a good or commodity;
“(D) production of energy;
“(E) fish hatcheries; or
“(F) water conservation activities relating to a use described in subparagraphs (A) through (E).”
“(16) Yakima Enhancement Project; Yakima River Basin Water Enhancement Project—The terms Yakima Enhancement Project and Yakima River Basin Water Enhancement Project mean the Yakima River basin water enhancement project authorized by Congress pursuant to this Act and other Acts (including Public Law 96–162 (93 Stat. 1241), section 109 of Public Law 98–381 (16 U.S.C. 839b note; 98 Stat. 1340), Public Law 105–62 (111 Stat. 1320), and Public Law 106–372 (114 Stat. 1425)) to promote water conservation, water supply, habitat, and stream enhancement improvements in the Yakima River basin.”
9003. John S. McCain III 21st Century Conservation Service Corps Act
“(8) Institution of higher education
“(A) In general—The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
“(B) Exclusion—The term institution of higher education does not include—
“(i) an institution described in section 101(b) of the Higher Education Act of 1965 (20 U.S.C. 1001(b)); or
“(ii) an institution outside the United States, as described in section 102(a)(1)(C) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)(1)(C)).”
“(E) To protect, restore, or enhance marine, estuarine, riverine, and coastal habitat ecosystem components—
“(i) to promote the recovery of threatened species, endangered species, and managed fisheries;
“(ii) to restore fisheries, protected resources, and habitats impacted by oil and chemical spills and natural disasters; or
“(iii) to enhance the resilience of coastal ecosystems, communities, and economies through habitat conservation.”
“(C) with respect to the National Marine Sanctuary System, coral reefs, and other coastal, estuarine, and marine habitats, and other land and facilities administered by the National Oceanic and Atmospheric Administration, the Secretary of Commerce.”
“(15) Veteran—The term veteran has the meaning given the term in section 101 of title 38, United States Code.”
“(a) Establishment of Public Lands Corps
“(1) In general—There is established in the Department of the Interior, the Department of Agriculture, and the Department of Commerce a corps, to be known as the “Public Lands Corps”.
“(2) No effect on other agencies—Nothing in this subsection precludes the establishment of a public lands corps by the head of a Federal department or agency other than a department described in paragraph (1), in accordance with this Act.”
“(g) Effect—Nothing in this section authorizes the use of the Public Lands Corps for projects on or impacting real property owned by, operated by, or within the custody, control, or administrative jurisdiction of the Administrator of General Services without the express permission of the Administrator of General Services.”
“(e) Transportation—The Secretary may provide to Corps participants who reside in their own homes transportation to and from appropriate conservation project sites.”
“(b) Educational credit—The Secretary may provide a Corps participant with an educational credit that may be applied toward a program of postsecondary education at an institution of higher education that agrees to award the credit for participation in the Corps.”
“(1) In general—Each participant”
“(2) Indian Youth Service Corps—With respect to the Indian Youth Service Corps established under section 210, the Secretary shall establish the term of service of participants in consultation with the affected Indian tribe.”
“(1) In general—The Secretary”
“(2) Time-limited appointment—For purposes of section 9602 of title 5, United States Code, a former member of the Corps hired by the Secretary under paragraph (1)(B) for a time-limited appointment shall be considered to be appointed initially under open, competitive examination.”
“(e) Applicability to qualified youth or conservation corps—The hiring and compensation standards described in this section shall apply to any individual participating in an appropriate conservation project through a qualified youth or conservation corps, including an individual placed through a contract or cooperative agreement, as approved by the Secretary.”
“209. Reporting and data collection
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“(a) Report—Not later than 2 years after the date of enactment of the Natural Resources Management John D. Dingell, Jr. Conservation, Management, and Recreation Act, and annually thereafter, the Chief Executive Officer of the Corporation for National and Community Service, in coordination with the Secretaries, shall submit to Congress a report that includes data on the Corps, including—
“(1) the number of participants enrolled in the Corps and the length of the term of service for each participant;
“(2) the projects carried out by Corps participants, categorized by type of project and Federal agency;
“(3) the total amount and sources of funding provided for the service of participants;
“(4) the type of service performed by participants and the impact and accomplishments of the service; and
“(5) any other similar data determined to be appropriate by the Chief Executive Officer of the Corporation for National and Community Service or the Secretaries.
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“(b) Data—Not later than 1 year after the date of enactment of the Natural Resources Management John D. Dingell, Jr. Conservation, Management, and Recreation Act, and annually thereafter, the Secretaries shall submit to the Chief Executive Officer of the Corporation for National and Community Service the data described in subsection (a).
“(c) Data collection—The Chief Executive Officer of the Corporation for National and Community Service may coordinate with qualified youth or conservation corps to improve the collection of the required data described in subsection (a).
“(d) Coordination
“(1) In general—The Secretaries shall, to the maximum extent practicable, coordinate with each other to carry out activities authorized under this Act, including—
“(A) the data collection and reporting requirements of this section; and
“(B) implementing and issuing guidance on eligibility for noncompetitive hiring status under section 207(d).
“(2) Designation of coordinators—The Secretary shall designate a coordinator to coordinate and serve as the primary point of contact for any activity of the Corps carried out by the Secretary.”
“210. Indian Youth Service Corps
“(a) In general—There is established within the Public Lands Corps a program to be known as the “Indian Youth Service Corps” that—
“(1) enrolls participants between the ages of 16 and 30, inclusive, and veterans age 35 or younger, a majority of whom are Indians;
“(2) is established pursuant to an agreement between an Indian tribe and a qualified youth or conservation corps for the benefit of the members of the Indian tribe; and
“(3) carries out appropriate conservation projects on eligible service land.
“(b) Authorization of cooperative agreements—The Secretary may enter into cooperative agreements with Indian tribes and qualified youth or conservation corps for the establishment and administration of the Indian Youth Service Corps.
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“(c) Guidelines—Not later than 18 months after the date of enactment of the Natural Resources Management John D. Dingell, Jr. Conservation, Management, and Recreation Act, the Secretary of the Interior, in consultation with Indian tribes, shall issue guidelines for the management of the Indian Youth Service Corps, in accordance with this Act and any other applicable Federal laws.”