US Codex
Pub. L.
Notes

Title I — Wildlife Enhancement, Disease, and Predation

116th Congress · Approved Oct 30, 2020 · 134 Stat. 905 · Lineage

TITLE I Wildlife Enhancement, Disease, and Predation

SEC. 101. Theodore Roosevelt Genius Prize for Reducing Human-Predator Conflict.

(a)
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—
(1)
by striking “ paragraph (7)(A)” each place such term appears and inserting “ paragraph (8)(A)”;
(2)
by striking “ paragraph (7)(B)” each place such term appears and inserting “ paragraph (8)(B)”;
(3)
in paragraph (6)(C)(iv), by striking “ subparagraph (C)” and inserting “ clause (iii)”;
(4)
by redesignating paragraph (7) as paragraph (8);
(5)
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.

“(F) Consultation with 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.

“(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.”

; and

(6)
in paragraph (8) (as redesignated)—
(A)
in subparagraph (A), by striking “ or (6)(C)(i)” and inserting “ (6)(C)(i), or (7)(C)(i)”; and
(B)
in subparagraph (B)—
(i)
by striking “ or (6)(D)(i)” and inserting “ (6)(D)(i), or (7)(D)(i)”; and
(ii)
in clause (i)(VII), by striking “ and (6)(E)” and inserting “ (6)(E), and (7)(E)”.
(b)
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.

(a)
Definitions.— In this section:
(1)
Depredation.—
(A)
In general.— The term “depredation” means actual death, injury, or destruction of livestock that is caused by a federally protected species.
(B)
Exclusions.— The term “depredation” does not include damage to real or personal property other than livestock, including—
(i)
damage to—
(I)
other animals;
(II)
vegetation;
(III)
motor vehicles; or
(IV)
structures;
(ii)
diseases;
(iii)
lost profits; or
(iv)
consequential damages.
(2)
Federally protected species.— The term “federally protected species” means a species that is or previously was protected under—
(A)
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.);
(B)
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
(C)
the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.).
(3)
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).
(4)
Livestock.—
(A)
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.
(B)
Inclusion.— The term “livestock” includes guard animals actively engaged in the protection of livestock described in subparagraph (A).
(5)
Program.— The term “program” means the grant program established under subsection (b)(1).
(6)
Secretaries.— The term “Secretaries” means—
(A)
the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and
(B)
the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service.
(b)
Grant Program for Losses of Livestock Due to Depredation by Federally Protected Species.—
(1)
In general.— The Secretaries shall establish a program to provide grants to States and Indian Tribes to supplement amounts provided by States, Indian Tribes, or State agencies under 1 or more programs established by the States and Indian Tribes (including programs established after the date of enactment of this Act)—
(A)
to assist livestock producers in carrying out—
(i)
proactive and nonlethal activities to reduce the risk of livestock loss due to depredation by federally protected species occurring on—
(I)
Federal, State, or private land within the applicable State; or
(II)
land owned by, or held in trust for the benefit of, the applicable Indian Tribe; and
(ii)
research relating to the activities described in clause (i); and
(B)
to compensate livestock producers for livestock losses due to depredation by federally protected species occurring on—
(i)
Federal, State, or private land within the applicable State; or
(ii)
land owned by, or held in trust for the benefit of, the applicable Indian Tribe.
(2)
Allocation of funding.—
(A)
Reports to the secretaries.— Not later than September 30 of each year, a State or Indian 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—
(i)
Federal, State, or private land within the applicable State; or
(ii)
land owned by, or held in trust for the benefit of, the applicable Indian Tribe.
(B)
Allocation.— The Secretaries shall allocate available funding to carry out this Act among States and Indian 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).
(3)
Eligibility.— To be eligible to receive a grant under paragraph (1), a State or Indian Tribe shall—
(A)
designate an appropriate agency of the State or Indian Tribe to administer the 1 or more programs supplemented by the grant funds;
(B)
establish 1 or more accounts to receive grant funds;
(C)
maintain files of all claims received and paid under grant-funded programs, including supporting documentation; and
(D)
submit to the Secretaries—
(i)
annual reports that include—
(I)
a summary of claims and expenditures under the program during the year; and
(II)
a description of any action taken on the claims; and
(ii)
such other reports as the Secretaries may require to assist the Secretaries in determining the effectiveness of assisted activities under this section.
(c)
Sense of Congress.— It is the sense of Congress that—
(1)
no State or Indian Tribe is required to participate in the program; and
(2)
the program supplements, and does not replace or supplant, any State compensation programs for depredation.
(d)
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—
(1)
$5,000,000 shall be used to provide grants for the purposes described in subsection (b)(1)(A); and
(2)
$10,000,000 shall be used to provide grants for the purpose described in subsection (b)(1)(B).

SEC. 103. Depredation Permits for Black Vultures and Common Ravens.

(a)
In General.— The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service (referred to in this section as the “Secretary”), may issue depredation permits to livestock producers authorizing takings of black vultures or common ravens otherwise prohibited by Federal law to prevent those vultures or common ravens from taking livestock during the calving season or lambing season.
(b)
Limited to Affected States or Regions.— The Secretary may issue permits under subsection (a) only to livestock producers in States and regions in which livestock producers are affected or have been affected in the previous year by black vultures or common ravens, as determined by Secretary.
(c)
Reporting.— The Secretary shall require, as a condition of a permit under subsection (a), that the permit holder shall report to the appropriate enforcement agencies the takings of black vultures or common ravens pursuant to the permit.

SEC. 104. Chronic Wasting Disease Task Force.

(a)
Definitions.— In this section:
(1)
Cervid.— The term “cervid” means any species within the family Cervidae.
(2)
Chronic wasting disease.— The term “chronic wasting disease” means the animal disease afflicting deer, elk, and moose populations that—
(A)
is a transmissible disease of the nervous system resulting in distinctive lesions in the brain; and
(B)
belongs to the group of diseases known as transmissible spongiform encephalopathies, which group includes scrapie, bovine spongiform encephalopathy, and Creutzfeldt-Jakob disease.
(3)
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.
(b)
Establishment.—
(1)
In general.— 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”) after the completion of the study required by subsection (c).
(2)
Duties.— The Task Force shall—
(A)
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;
(B)
develop recommendations, including recommendations based on findings of the study conducted under subsection (c), and a set of best practices regarding—
(i)
the interstate coordination of practices to prevent the new introduction of chronic wasting disease;
(ii)
the prioritization and coordination of the future study of chronic wasting disease, based on evolving research needs;
(iii)
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
(iv)
any other area where containment or management efforts relating to chronic wasting disease may differ across jurisdictions; and
(C)
develop, from the recommendations developed under subparagraph (B), an action plan that gives States, the Federal Government, Indian Tribes, and the farmed cervid industry specific recommendations to ensure consistent and coordinated management and focused, prioritized research to stop the spread of and mitigate the impacts of chronic wasting disease.
(3)
Membership.—
(A)
In general.— The Task Force shall be composed of—
(i)
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”);
(ii)
1 representative of the United States Geological Survey;
(iii)
2 representatives of the Department of Agriculture with experience in chronic wasting disease, to be appointed by the Secretary of Agriculture—
(I)
1 of whom shall have expertise in cervid health research; and
(II)
1 of whom shall have expertise in wildlife management;
(iv)
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—
(I)
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
(II)
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;
(v)
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;
(vi)
not more than 2 representatives from an Indian Tribe or Tribal organization chosen in a process determined, in consultation with Indian Tribes, by the Secretary; and
(vii)
not more than 5 nongovernmental members with relevant expertise appointed, after the date on which the members are first appointed under clauses (i) through (vi), by a majority vote of the State representatives appointed under clause (iv).
(B)
Effect.— Nothing in this paragraph requires a State to participate in the Task Force.
(4)
Co-chairs.— The Co-Chairs of the Task Force shall be—
(A)
the Federal representative described in paragraph (3)(A)(i);
(B)
1 of the Federal representatives described in paragraph (3)(A)(iii); and
(C)
1 State representative appointed under paragraph (3)(A)(iv), to be selected by a majority vote of those State representatives.
(5)
Date of initial appointment.—
(A)
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).
(B)
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.
(6)
Vacancies.— Any vacancy in the members appointed to the Task Force—
(A)
shall not affect the power or duty of the Task Force; and
(B)
shall be filled not later than 30 days after the date of the vacancy.
(7)
Meetings.— The Task Force shall convene—
(A)
not less frequently than twice each year; and
(B)
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.
(8)
Interstate action plan.—
(A)
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 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).
(B)
Cooperative agreements.—
(i)
In general.— To the maximum extent practicable, the Secretaries, any other applicable Federal agency, and each applicable State may enter into a cooperative agreement to fund necessary actions under the interstate action plan submitted under subparagraph (A).
(ii)
Target date.— The Secretaries shall make the best effort of the 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).
(C)
Matching funds.—
(i)
In general.— Subject to clause (ii), for each fiscal year, the 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.
(ii)
Limitation.— The amount provided by the United States Fish and Wildlife Service under clause (i) for a fiscal year shall be not greater than $5,000,000.
(9)
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 Secretaries, and the heads of the State agencies with jurisdiction over wildlife disease and farmed cervid regulation of each State with a representatives on the Task Force, a report describing—
(A)
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);
(B)
updated resource requirements that are needed to reduce and eliminate chronic wasting disease in the United States;
(C)
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;
(D)
new research findings and emerging research needs relating to chronic wasting disease; and
(E)
any other relevant information.
(c)
Chronic Wasting Disease Transmission in Cervidae Resource Study.—
(1)
Definition of academy.— In this subsection, the term “Academy” means the National Academy of Sciences.
(2)
Study.—
(A)
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.
(B)
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, subject to the availability of appropriations.
(3)
Contents of the study.— The study under paragraph (2) shall—
(A)
with respect to wild, captive, and farmed populations of cervids in the United States, identify—
(i)
(I)
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;
(II)
the infection rates for each pathway and mechanism identified under subclause (I); and
(III)
the relative frequency of transmission of each pathway and mechanism identified under subclause (I);
(ii)
(I)
anthropogenic and environmental factors contributing to new chronic wasting disease emergence events;
(II)
the development of geographical areas with increased chronic wasting disease prevalence; and
(III)
the overall geographical patterns of chronic wasting disease distribution;
(iii)
significant gaps in current scientific knowledge regarding the transmission pathways and mechanisms identified under clause (i)(I) and potential prevention, detection, and control methods identified under clause (v);
(iv)
for prioritization the scientific research projects that will address the knowledge gaps identified under clause (iii), based on the likelihood that a project will contribute significantly to the prevention or control of chronic wasting disease; and
(v)
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;
(B)
assess the effectiveness of the potential prevention, detection, or control measures, practices, or technologies identified under subparagraph (A)(v); and
(C)
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—
(i)
the National Chronic Wasting Disease Herd Certification Program of the Animal and Plant Health Inspection Service;
(ii)
the National Wildlife Research Center of the Animal and Plant Health Inspection Service;
(iii)
the United States Geological Survey;
(iv)
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
(v)
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.
(4)
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.
(5)
Data sharing.— The Secretaries shall share with the Academy, as necessary to conduct the study under paragraph (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—
(A)
the Animal and Plant Health Inspection Service; and
(B)
the United States Geological Survey.
(6)
Report.— 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—
(A)
the findings of the study; and
(B)
any conclusions and recommendations that the Secretaries determine to be appropriate.
(d)
Authorization of Appropriations.— There are authorized to be appropriated to carry out this section—
(1)
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);
(2)
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
(3)
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—
(1)
in subsection (c)(2)—
(A)
in subparagraph (A)—
(i)
by redesignating clauses (i) and (ii) as clauses (ii) and (iii), respectively; and
(ii)
by inserting before clause (ii) (as so redesignated) the following:

“(i) relevant Federal agencies;”

(B)
by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
(C)
by inserting after subparagraph (A) the following:

“(B) in consultation with stakeholders, including nongovernmental organizations and industry;”

; and

(2)
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

“(2) $2,500,000 to the Secretary of the Interior.”

SEC. 106. North American Wetlands Conservation Act.

Section 7(c) of the North American Wetlands Conservation Act (16 U.S.C. 4406(c)) is amended by striking “ not to exceed—” in the matter preceding paragraph (1) and all that follows through paragraph (5) and inserting “ not to exceed $60,000,000 for each of fiscal years 2021 through 2025.”.

SEC. 107. National Fish and Wildlife Foundation Establishment Act.

(a)
Board of Directors of Foundation.—
(1)
In general.— Section 3 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended—
(A)
in subsection (b)—
(i)
by striking paragraph (2) and inserting the following:

“(2) Appointment of directors.—After consulting with the Secretary of Commerce and considering the recommendations submitted by the Board, the Secretary of the Interior shall appoint 28 Directors who, to the maximum extent practicable, shall—

“(A) be knowledgeable and experienced in matters relating to the conservation of fish, wildlife, or other natural resources; and

“(B) represent a balance of expertise in ocean, coastal, freshwater, and terrestrial resource conservation.”

; and

(ii)
by striking paragraph (3) and inserting the following:

“(3) Terms.—Each Director (other than a Director described in paragraph (1)) shall be appointed for a term of 6 years.”

; and

(B)
in subsection (g)(2)—
(i)
in subparagraph (A), by striking “ (A) Officers and employees may not be appointed until the Foundation has sufficient funds to pay them for their service. Officers” and inserting the following:

“(A) In general.—Officers”

; and

(ii)
by striking subparagraph (B) and inserting the following:

“(B) Executive director.—The Foundation shall have an Executive Director who shall be—

“(i) appointed by, and serve at the direction of, the Board as the chief executive officer of the Foundation; and

“(ii) knowledgeable and experienced in matters relating to fish and wildlife conservation.”

(2)
Conforming amendment.— Section 4(a)(1)(B) of the North American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) is amended by striking “ Secretary of the Board” and inserting “ Executive Director of the Board”.
(b)
Rights and Obligations of Foundation.— Section 4 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703) is amended—
(1)
in subsection (c)—
(A)
by striking “ (c) Powers.—To carry out its purposes under” and inserting the following:

“(c) Powers.—

“(1) In general.—To carry out the purposes described in”

(B)
by redesignating paragraphs (1) through (11) as subparagraphs (A) through (K), respectively, and indenting appropriately;
(C)
in subparagraph (D) (as redesignated by subparagraph (B)), by striking “ that are insured by an agency or instrumentality of the United States” and inserting “ at 1 or more financial institutions that are members of the Federal Deposit Insurance Corporation or the Securities Investment Protection Corporation”;
(D)
in subparagraph (E) (as redesignated by subparagraph (B)), by striking “ paragraph (3) or (4)” and inserting “ subparagraph (C) or (D)”;
(E)
in subparagraph (J) (as redesignated by subparagraph (B)), by striking “ and” at the end;
(F)
by striking subparagraph (K) (as redesignated by subparagraph (B)) and inserting the following:

“(K) to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources; and

“(L) to do acts necessary to carry out the purposes of the Foundation.”

; and

(G)
by striking the undesignated matter at the end and inserting the following:

“(2) Treatment of real property.—

“(A) In general.—For purposes of this Act, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources.

“(B) Encumbered real property.—A gift, devise, or bequest may be accepted by the Foundation even though the gift, devise, or bequest is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Foundation.

“(3) Savings clause.—The acceptance and administration of amounts by the Foundation under paragraph (1)(K) does not alter, supersede, or limit any regulatory or statutory requirement associated with those amounts.”

(2)
by striking subsections (f) and (g); and
(3)
by redesignating subsections (h) and (i) as subsections (f) and (g), respectively.
(c)
Authorization of Appropriations.— Section 10 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended—
(1)
in subsection (a), by striking paragraph (1) and inserting the following:

“(1) In general.—There are authorized to be appropriated to carry out this Act for each of fiscal years 2021 through 2025—

“(A) $15,000,000 to the Secretary of the Interior;

“(B) $5,000,000 to the Secretary of Agriculture; and

“(C) $5,000,000 to the Secretary of Commerce.”

(2)
in subsection (b)—
(A)
by striking paragraph (1) and inserting the following:

“(1) Amounts from federal agencies.—

“(A) In general.—In addition to the amounts authorized to be appropriated under subsection (a), Federal departments, agencies, or instrumentalities are authorized to provide funds to the Foundation through Federal financial assistance grants and cooperative agreements, subject to the condition that the amounts are used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources in accordance with this Act.

“(B) Advances.—Federal departments, agencies, or instrumentalities may advance amounts described in subparagraph (A) to the Foundation in a lump sum without regard to when the expenses for which the amounts are used are incurred.

“(C) Management fees.—The Foundation may assess and collect fees for the management of amounts received under this paragraph.”

(B)
in paragraph (2)—
(i)
in the paragraph heading, by striking “ funds” and inserting “ amounts”;
(ii)
by striking “ shall be used” and inserting “ may be used”; and
(iii)
by striking “ and State and local government agencies” and inserting “ , State and local government agencies, and other entities”; and
(C)
by adding at the end the following:

“(3) Administration of amounts.—

“(A) In general.—In entering into contracts, agreements, or other partnerships pursuant to this Act, a Federal department, agency, or instrumentality shall have discretion to waive any competitive process applicable to the department, agency, or instrumentality for entering into contracts, agreements, or partnerships with the Foundation if the purpose of the waiver is—

“(i) to address an environmental emergency resulting from a natural or other disaster; or

“(ii) as determined by the head of the applicable Federal department, agency, or instrumentality, to reduce administrative expenses and expedite the conservation and management of fish, wildlife, plants, and other natural resources.

“(B) Reports.—The Foundation shall include in the annual report submitted under section 7(b) a description of any use of the authority under subparagraph (A) by a Federal department, agency, or instrumentality in that fiscal year.”

; and

(3)
by adding at the end the following:

“(d) Use of Gifts, Devises, or Bequests of Money or Other Property.—Any gifts, devises, or bequests of amounts or other property, or any other amounts or other property, transferred to, deposited with, or otherwise in the possession of the Foundation pursuant to this Act, may be made available by the Foundation to Federal departments, agencies, or instrumentalities and may be accepted and expended (or the disposition of the amounts or property directed), without further appropriation, by those Federal departments, agencies, or instrumentalities, subject to the condition that the amounts or property be used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources.”

(d)
Limitation on Authority.— Section 11 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3710) is amended by inserting “ exclusive” before “ authority”.

SEC. 108. Modification of Definition of Sport Fishing Equipment under Toxic Substances Control Act.

(a)
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.).
(b)
Definition of Sport Fishing Equipment.— In this section, the term “sport fishing equipment” means 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).

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:

“(j) Authorization of Appropriations.—There are authorized to be appropriated to carry out this section—

“(1) for fiscal year 2021, $90,000,000;

“(2) for fiscal year 2022, $90,500,000;

“(3) for fiscal year 2023, $91,000,000;

“(4) for fiscal year 2024, $91,500,000; and

“(5) for fiscal year 2025, $92,000,000.”

SEC. 110. Reauthorization of Chesapeake Bay Initiative Act of 1998.

Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (Public Law 105–312) is amended by striking “ 2019” and inserting “ 2025”.

SEC. 111. Chesapeake Watershed Investments for Landscape Defense.

(a)
Definitions.— In this section:
(1)
Chesapeake bay agreements.— The term “Chesapeake Bay agreements” means the formal, voluntary agreements—
(A)
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
(B)
signed by the Chesapeake Executive Council.
(2)
Chesapeake bay program.— The term “Chesapeake Bay program” means the program directed by the Chesapeake Executive Council in accordance with the Chesapeake Bay agreements.
(3)
Chesapeake bay watershed.— The term “Chesapeake Bay watershed” means the region that covers—
(A)
the Chesapeake Bay;
(B)
the portions of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia that drain into the Chesapeake Bay; and
(C)
the District of Columbia.
(4)
Chesapeake executive council.— The term “Chesapeake Executive Council” means the council comprised of—
(A)
the Governors of each of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia;
(B)
the Mayor of the District of Columbia;
(C)
the Chair of the Chesapeake Bay Commission; and
(D)
the Administrator of the Environmental Protection Agency.
(5)
Chesapeake wild program.— The term “Chesapeake WILD program” means the nonregulatory program established by the Secretary under subsection (b)(1).
(6)
Grant program.— The term “grant program” means the Chesapeake Watershed Investments for Landscape Defense grant program established by the Secretary under subsection (c)(1).
(7)
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—
(A)
to preserve and improve ecosystems and ecological processes on which the fish and wildlife depend; and
(B)
for use and enjoyment by the public.
(8)
Secretary.— The term “Secretary” means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.
(b)
Program Establishment.—
(1)
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”.
(2)
Purposes.— The purposes of the Chesapeake WILD program are—
(A)
coordinating restoration and protection activities among Federal, State, local, and regional entities and conservation partners throughout the Chesapeake Bay watershed;
(B)
engaging other agencies and organizations to build a broader range of partner support, capacity, and potential funding for projects in the Chesapeake Bay watershed;
(C)
carrying out coordinated restoration and protection activities, and providing for technical assistance, throughout the Chesapeake Bay watershed—
(i)
to sustain and enhance restoration and protection activities;
(ii)
to improve and maintain water quality to support fish and wildlife, habitats of fish and wildlife, and drinking water for people;
(iii)
to sustain and enhance water management for volume and flood damage mitigation improvements to benefit fish and wildlife habitat;
(iv)
to improve opportunities for public access and recreation in the Chesapeake Bay watershed consistent with the ecological needs of fish and wildlife habitat;
(v)
to facilitate strategic planning to maximize the resilience of natural ecosystems and habitats under changing watershed conditions;
(vi)
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;
(vii)
to sustain and enhance vulnerable communities and fish and wildlife habitat;
(viii)
to conserve and restore fish, wildlife, and plant corridors; and
(ix)
to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities.
(3)
Duties.— In carrying out the Chesapeake WILD program, the Secretary shall—
(A)
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;
(B)
adopt a Chesapeake Bay watershed-wide strategy that—
(i)
supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with subparagraph (A); and
(ii)
targets cost-effective projects with measurable results; and
(C)
establish the grant program in accordance with subsection (c).
(4)
Coordination.— In establishing the Chesapeake WILD program, the Secretary shall consult, as appropriate, with—
(A)
the heads of Federal agencies, including—
(i)
the Administrator of the Environmental Protection Agency;
(ii)
the Administrator of the National Oceanic and Atmospheric Administration;
(iii)
the Chief of the Natural Resources Conservation Service;
(iv)
the Chief of Engineers;
(v)
the Director of the United States Geological Survey;
(vi)
the Secretary of Transportation;
(vii)
the Chief of the Forest Service; and
(viii)
the head of any other applicable agency;
(B)
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;
(C)
fish and wildlife joint venture partnerships; and
(D)
other public agencies and organizations with authority for the planning and implementation of conservation strategies in the Chesapeake Bay watershed.
(c)
Grants and Technical Assistance.—
(1)
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).
(2)
Eligible entities.— The following entities are eligible to receive a grant and technical assistance under the grant program:
(A)
A State.
(B)
The District of Columbia.
(C)
A unit of local government.
(D)
A nonprofit organization.
(E)
An institution of higher education as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(F)
Any other entity that the Secretary determines to be appropriate in accordance with the criteria established under paragraph (3).
(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—
(A)
accomplish 1 or more of the purposes described in subsection (b)(2); and
(B)
advance the implementation of priority actions or needs identified in the Chesapeake Bay watershed-wide strategy adopted under subsection (b)(3)(B).
(4)
Cost sharing.—
(A)
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.
(B)
Non-department of the interior share.—
(i)
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.
(ii)
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.
(5)
Administration.— The Secretary may enter into an agreement to manage the grant program with an organization that offers grant management services.
(d)
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.
(e)
Authorization of Appropriations.—
(1)
In general.— There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2021 through 2025.
(2)
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.