[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1514 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 237
115th CONGRESS
  1st Session
                                S. 1514

                          [Report No. 115-168]

    To amend certain Acts to reauthorize those Acts and to increase 
           protections for wildlife, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2017

Mr. Barrasso (for himself, Mr. Cardin, Mr. Boozman, Ms. Klobuchar, Mrs. 
 Capito, Ms. Baldwin, Mr. Enzi, Mr. King, Mr. Johnson, Mr. Inhofe, and 
 Mr. Kennedy) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

                            October 5, 2017

              Reported by Mr. Barrasso, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
    To amend certain Acts to reauthorize those Acts and to increase 
           protections for wildlife, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Hunting Heritage and 
Environmental Legacy Preservation for Wildlife Act'' or the ``HELP for 
Wildlife Act''.</DELETED>

<DELETED>SEC. 2. TARGET PRACTICE AND MARKSMANSHIP.</DELETED>

<DELETED>    (a) Purpose.--The purpose of this section is to facilitate 
the construction and expansion of public target ranges, including 
ranges on Federal land managed by the Forest Service and the Bureau of 
Land Management.</DELETED>
<DELETED>    (b) Definition of Public Target Range.--In this section, 
the term ``public target range'' means a specific location that--
</DELETED>
        <DELETED>    (1) is identified by a governmental agency for 
        recreational shooting;</DELETED>
        <DELETED>    (2) is open to the public;</DELETED>
        <DELETED>    (3) may be supervised; and</DELETED>
        <DELETED>    (4) may accommodate archery or rifle, pistol, or 
        shotgun shooting.</DELETED>
<DELETED>    (c) Amendments to Pittman-Robertson Wildlife Restoration 
Act.--</DELETED>
        <DELETED>    (1) Definitions.--Section 2 of the Pittman-
        Robertson Wildlife Restoration Act (16 U.S.C. 669a) is 
        amended--</DELETED>
                <DELETED>    (A) by redesignating paragraphs (2) 
                through (8) as paragraphs (3) through (9), 
                respectively; and</DELETED>
                <DELETED>    (B) by inserting after paragraph (1) the 
                following:</DELETED>
        <DELETED>    ``(2) the term `public target range' means a 
        specific location that--</DELETED>
                <DELETED>    ``(A) is identified by a governmental 
                agency for recreational shooting;</DELETED>
                <DELETED>    ``(B) is open to the public;</DELETED>
                <DELETED>    ``(C) may be supervised; and</DELETED>
                <DELETED>    ``(D) may accommodate archery or rifle, 
                pistol, or shotgun shooting;''.</DELETED>
        <DELETED>    (2) Expenditures for management of wildlife areas 
        and resources.--Section 8(b) of the Pittman-Robertson Wildlife 
        Restoration Act (16 U.S.C. 669g(b)) is amended--</DELETED>
                <DELETED>    (A) by striking ``(b) Each State'' and 
                inserting the following:</DELETED>
<DELETED>    ``(b) Expenditures for Management of Wildlife Areas and 
Resources.--</DELETED>
        <DELETED>    ``(1) In general.--Except as provided in paragraph 
        (2), each State'';</DELETED>
                <DELETED>    (B) in paragraph (1) (as so designated), 
                in the first sentence, by striking ``construction, 
                operation,'' and inserting ``operation'';</DELETED>
                <DELETED>    (C) in the second sentence, by striking 
                ``The non-Federal share'' and inserting the 
                following:</DELETED>
        <DELETED>    ``(3) Non-federal share.--The non-Federal 
        share'';</DELETED>
                <DELETED>    (D) in the third sentence, by striking 
                ``The Secretary'' and inserting the 
                following:</DELETED>
        <DELETED>    ``(4) Regulations.--The Secretary''; and</DELETED>
                <DELETED>    (E) by inserting after paragraph (1) (as 
                designated by subparagraph (A)) the 
                following:</DELETED>
        <DELETED>    ``(2) Exception.--Notwithstanding the limitation 
        described in paragraph (1), a State may pay up to 90 percent of 
        the cost of acquiring land for, expanding, or constructing a 
        public target range.''.</DELETED>
        <DELETED>    (3) Firearm and bow hunter education and safety 
        program grants.--Section 10 of the Pittman-Robertson Wildlife 
        Restoration Act (16 U.S.C. 669h-1) is amended--</DELETED>
                <DELETED>    (A) in subsection (a), by adding at the 
                end the following:</DELETED>
        <DELETED>    ``(3) Allocation of additional amounts.--Of the 
        amount apportioned to a State for any fiscal year under section 
        4(b), the State may elect to allocate not more than 10 percent, 
        to be combined with the amount apportioned to the State under 
        paragraph (1) for that fiscal year, for acquiring land for, 
        expanding, or constructing a public target range.'';</DELETED>
                <DELETED>    (B) by striking subsection (b) and 
                inserting the following:</DELETED>
<DELETED>    ``(b) Cost Sharing.--</DELETED>
        <DELETED>    ``(1) In general.--Except as provided in paragraph 
        (2), the Federal share of the cost of any activity carried out 
        using a grant under this section shall not exceed 75 percent of 
        the total cost of the activity.</DELETED>
        <DELETED>    ``(2) Public target range construction or 
        expansion.--The Federal share of the cost of acquiring land 
        for, expanding, or constructing a public target range in a 
        State on Federal or non-Federal land pursuant to this section 
        or section 8(b) shall not exceed 90 percent of the cost of the 
        activity.''; and</DELETED>
                <DELETED>    (C) in subsection (c)(1)--</DELETED>
                        <DELETED>    (i) by striking ``Amounts made'' 
                        and inserting the following:</DELETED>
                <DELETED>    ``(A) In general.--Except as provided in 
                subparagraph (B), amounts made''; and</DELETED>
                        <DELETED>    (ii) by adding at the end the 
                        following:</DELETED>
                <DELETED>    ``(B) Exception.--Amounts provided for 
                acquiring land for, constructing, or expanding a public 
                target range shall remain available for expenditure and 
                obligation during the 5-fiscal-year period beginning on 
                October 1 of the first fiscal year for which the 
                amounts are made available.''.</DELETED>
<DELETED>    (d) Sense of Congress Regarding Cooperation.--It is the 
sense of Congress that, consistent with applicable laws (including 
regulations), the Chief of the Forest Service and the Director of the 
Bureau of Land Management should cooperate with State and local 
authorities and other entities to carry out waste removal and other 
activities on any Federal land used as a public target range to 
encourage continued use of that land for target practice or 
marksmanship training.</DELETED>

<DELETED>SEC. 3. BAITING OF MIGRATORY GAME BIRDS.</DELETED>

<DELETED>    Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) 
is amended by striking subsection (b) and inserting the 
following:</DELETED>
<DELETED>    ``(b) Prohibition of Baiting.--</DELETED>
        <DELETED>    ``(1) Definitions.--In this subsection:</DELETED>
                <DELETED>    ``(A) Baited area.--</DELETED>
                        <DELETED>    ``(i) In general.--The term 
                        `baited area' means--</DELETED>
                                <DELETED>    ``(I) any area on which 
                                salt, grain, or other feed has been 
                                placed, exposed, deposited, 
                                distributed, or scattered, if the salt, 
                                grain, or feed could lure or attract 
                                migratory game birds; and</DELETED>
                                <DELETED>    ``(II) in the case of 
                                waterfowl, cranes (family Gruidae), and 
                                coots (family Rallidae), a standing, 
                                unharvested crop that has been 
                                manipulated through activities such as 
                                mowing, discing, or rolling, unless the 
                                activities are normal agricultural 
                                practices.</DELETED>
                        <DELETED>    ``(ii) Exclusions.--An area shall 
                        not be considered to be a `baited area' if the 
                        area--</DELETED>
                                <DELETED>    ``(I) has been treated 
                                with a normal agricultural 
                                practice;</DELETED>
                                <DELETED>    ``(II) has standing crops 
                                that have not been manipulated; 
                                or</DELETED>
                                <DELETED>    ``(III) has standing crops 
                                that have been or are 
                                flooded.</DELETED>
                <DELETED>    ``(B) Baiting.--The term `baiting' means 
                the direct or indirect placing, exposing, depositing, 
                distributing, or scattering of salt, grain, or other 
                feed that could lure or attract migratory game birds 
                to, on, or over any areas on which a hunter is 
                attempting to take migratory game birds.</DELETED>
                <DELETED>    ``(C) Migratory game bird.--The term 
                `migratory game bird' means migratory bird species--
                </DELETED>
                        <DELETED>    ``(i) that are within the 
                        taxonomic families of Anatidae, Columbidae, 
                        Gruidae, Rallidae, and Scolopacidae; 
                        and</DELETED>
                        <DELETED>    ``(ii) for which open seasons are 
                        prescribed by the Secretary of the 
                        Interior.</DELETED>
                <DELETED>    ``(D) Normal agricultural practice.--
                </DELETED>
                        <DELETED>    ``(i) In general.--The term 
                        `normal agricultural practice' means any 
                        practice in 1 annual growing season that--
                        </DELETED>
                                <DELETED>    ``(I) is carried out in 
                                order to produce a marketable crop, 
                                including planting, harvest, post-
                                harvest, or soil conservation 
                                practices; and</DELETED>
                                <DELETED>    ``(II) is recommended for 
                                the successful harvest of a given crop 
                                by the applicable State office of the 
                                Cooperative Extension System of the 
                                Department of Agriculture, in 
                                consultation with, and if requested, 
                                the concurrence of, the head of the 
                                applicable State department of fish and 
                                wildlife.</DELETED>
                        <DELETED>    ``(ii) Inclusions.--</DELETED>
                                <DELETED>    ``(I) In general.--Subject 
                                to subclause (II), the term `normal 
                                agricultural practice' includes the 
                                destruction of a crop in accordance 
                                with practices required by the Federal 
                                Crop Insurance Corporation for 
                                agricultural producers to obtain crop 
                                insurance under the Federal Crop 
                                Insurance Act (7 U.S.C. 1501 et seq.) 
                                on land on which a crop during the 
                                current or immediately preceding crop 
                                year was not harvestable due to a 
                                natural disaster (including any 
                                hurricane, storm, tornado, flood, high 
                                water, wind-driven water, tidal wave, 
                                tsunami, earthquake, volcanic eruption, 
                                landslide, mudslide, drought, fire, 
                                snowstorm, or other catastrophe that is 
                                declared a major disaster by the 
                                President in accordance with section 
                                401 of the Robert T. Stafford Disaster 
                                Relief and Emergency Assistance Act (42 
                                U.S.C. 5170)).</DELETED>
                                <DELETED>    ``(II) Limitations.--The 
                                term `normal agricultural practice' 
                                only includes a crop described in 
                                subclause (I) that has been destroyed 
                                or manipulated through activities that 
                                include (but are not limited to) 
                                mowing, discing, or rolling if the 
                                Federal Crop Insurance Corporation 
                                certifies that flooding was not an 
                                acceptable method of destruction to 
                                obtain crop insurance under the Federal 
                                Crop Insurance Act (7 U.S.C. 1501 et 
                                seq.).</DELETED>
                <DELETED>    ``(E) Waterfowl.--The term `waterfowl' 
                means native species of the family Anatidae.</DELETED>
        <DELETED>    ``(2) Prohibition.--It shall be unlawful for any 
        person--</DELETED>
                <DELETED>    ``(A) to take any migratory game bird by 
                baiting or on or over any baited area, if the person 
                knows or reasonably should know that the area is a 
                baited area; or</DELETED>
                <DELETED>    ``(B) to place or direct the placement of 
                bait on or adjacent to an area for the purpose of 
                causing, inducing, or allowing any person to take or 
                attempt to take any migratory game bird by baiting or 
                on or over the baited area.</DELETED>
        <DELETED>    ``(3) Regulations.--The Secretary of the Interior 
        may promulgate regulations to implement this 
        subsection.</DELETED>
        <DELETED>    ``(4) Reports.--Annually, the Secretary of 
        Agriculture shall submit to the Secretary of the Interior a 
        report that describes any changes to normal agricultural 
        practices across the range of crops grown by agricultural 
        producers in each region of the United States in which the 
        recommendations are provided to agricultural 
        producers.''.</DELETED>

<DELETED>SEC. 4. NORTH AMERICAN WETLANDS CONSERVATION ACT.</DELETED>

<DELETED>    (a) Real Property.--Section 6(a)(3) of the North American 
Wetlands Conservation Act (16 U.S.C. 4405(a)(3)) is amended--</DELETED>
        <DELETED>    (1) by striking ``(3) in lieu of'' and inserting 
        the following:</DELETED>
        <DELETED>    ``(3) Provision of funds or conveyance of real 
        property interest.--</DELETED>
                <DELETED>    ``(A) In general.--In lieu of'';</DELETED>
        <DELETED>    (2) in the second sentence, by striking ``The 
        Secretary shall'' and inserting the following:</DELETED>
                <DELETED>    ``(B) Determination.--The Secretary 
                shall''; and</DELETED>
        <DELETED>    (3) by striking the third sentence and inserting 
        the following:</DELETED>
                <DELETED>    ``(C) Real property.--Any real property 
                interest conveyed under this paragraph shall be subject 
                to terms and conditions that ensure that--</DELETED>
                        <DELETED>    ``(i) the real property interest 
                        will be administered for the long-term 
                        conservation and management of the wetland 
                        ecosystem and the fish and wildlife dependent 
                        on that ecosystem;</DELETED>
                        <DELETED>    ``(ii) the grantor of a real 
                        property interest has been provided with 
                        information relating to all available 
                        conservation options, including conservation 
                        options that involve the conveyance of a real 
                        property interest for a limited period of time; 
                        and</DELETED>
                        <DELETED>    ``(iii) the provision of the 
                        information described in clause (ii) has been 
                        documented.''.</DELETED>
<DELETED>    (b) Authorization of Appropriations.--Section 7(c) of the 
North American Wetlands Conservation Act (16 U.S.C. 4406(c)) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (4), by striking 
        ``and'';</DELETED>
        <DELETED>    (2) in paragraph (5), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(6) $50,000,000 for each of fiscal years 2018 
        through 2022.''.</DELETED>

<DELETED>SEC. 5. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT 
              ACT.</DELETED>

<DELETED>    (a) Board of Directors of Foundation.--</DELETED>
        <DELETED>    (1) In general.--Section 3 of the National Fish 
        and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is 
        amended--</DELETED>
                <DELETED>    (A) in subsection (b)--</DELETED>
                        <DELETED>    (i) by striking paragraph (2) and 
                        inserting the following:</DELETED>
        <DELETED>    ``(2) In general.--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--</DELETED>
                <DELETED>    ``(A) be knowledgeable and experienced in 
                matters relating to the conservation of fish, wildlife, 
                or other natural resources; and</DELETED>
                <DELETED>    ``(B) represent a balance of expertise in 
                ocean, coastal, freshwater, and terrestrial resource 
                conservation.''; and</DELETED>
                        <DELETED>    (ii) by striking paragraph (3) and 
                        inserting the following:</DELETED>
        <DELETED>    ``(3) Terms.--Each Director (other than a Director 
        described in paragraph (1)) shall be appointed for a term of 6 
        years.''; and</DELETED>
                <DELETED>    (B) in subsection (g)(2)--</DELETED>
                        <DELETED>    (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:</DELETED>
                <DELETED>    ``(A) In general.--Officers''; 
                and</DELETED>
                        <DELETED>    (ii) by striking subparagraph (B) 
                        and inserting the following:</DELETED>
                <DELETED>    ``(B) Executive director.--The Foundation 
                shall have an Executive Director who shall be--
                </DELETED>
                        <DELETED>    ``(i) appointed by, and serve at 
                        the direction of, the Board as the chief 
                        executive officer of the Foundation; 
                        and</DELETED>
                        <DELETED>    ``(ii) knowledgeable and 
                        experienced in matters relating to fish and 
                        wildlife conservation.''.</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (b) Rights and Obligations of Foundation.--Section 4 of 
the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
3703) is amended--</DELETED>
        <DELETED>    (1) in subsection (c)--</DELETED>
                <DELETED>    (A) by striking ``(c) Powers.--To carry 
                out its purposes under'' and inserting the 
                following:</DELETED>
<DELETED>    ``(c) Powers.--</DELETED>
        <DELETED>    ``(1) In general.--To carry out the purposes 
        described in'';</DELETED>
                <DELETED>    (B) by redesignating paragraphs (1) 
                through (11) as subparagraphs (A) through (K), 
                respectively, and indenting appropriately;</DELETED>
                <DELETED>    (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'';</DELETED>
                <DELETED>    (D) in subparagraph (E) (as redesignated 
                by subparagraph (B)), by striking ``paragraph (3) or 
                (4)'' and inserting ``subparagraph (C) or 
                (D)'';</DELETED>
                <DELETED>    (E) in subparagraph (J) (as redesignated 
                by subparagraph (B)), by striking ``and'' at the 
                end;</DELETED>
                <DELETED>    (F) by striking subparagraph (K) (as 
                redesignated by subparagraph (B)) and inserting the 
                following:</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(L) to do acts necessary to carry out 
                the purposes of the Foundation.''; and</DELETED>
                <DELETED>    (G) by striking the undesignated matter at 
                the end and inserting the following:</DELETED>
        <DELETED>    ``(2) Treatment of real property.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.'';</DELETED>
        <DELETED>    (2) by striking subsections (f) and (g); 
        and</DELETED>
        <DELETED>    (3) by redesignating subsections (h) and (i) as 
        subsections (f) and (g), respectively.</DELETED>
<DELETED>    (c) Authorization of Appropriations.--Section 10 of the 
National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
3709) is amended--</DELETED>
        <DELETED>    (1) in subsection (a), by striking paragraph (1) 
        and inserting the following:</DELETED>
        <DELETED>    ``(1) In general.--There are authorized to be 
        appropriated to carry out this Act for each of fiscal years 
        2018 through 2022--</DELETED>
                <DELETED>    ``(A) $15,000,000 to the Secretary of the 
                Interior;</DELETED>
                <DELETED>    ``(B) $5,000,000 to the Secretary of 
                Agriculture; and</DELETED>
                <DELETED>    ``(C) $5,000,000 to the Secretary of 
                Commerce.'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) by striking paragraph (1) and 
                inserting the following:</DELETED>
        <DELETED>    ``(1) Amounts from federal agencies.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Management fees.--The Foundation may 
                assess and collect fees for the management of amounts 
                received under this paragraph.'';</DELETED>
                <DELETED>    (B) in paragraph (2)--</DELETED>
                        <DELETED>    (i) in the paragraph heading, by 
                        striking ``funds'' and inserting 
                        ``amounts'';</DELETED>
                        <DELETED>    (ii) by striking ``shall be used'' 
                        and inserting ``may be used''; and</DELETED>
                        <DELETED>    (iii) by striking ``and State and 
                        local government agencies'' and inserting ``, 
                        State and local government agencies, and other 
                        entities''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(3) Administration of amounts.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) to address an environmental 
                        emergency resulting from a natural or other 
                        disaster; or</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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''.</DELETED>

<DELETED>SEC. 6. REAUTHORIZATION OF NEOTROPICAL MIGRATORY BIRD 
              CONSERVATION ACT.</DELETED>

<DELETED>    Section 10 of the Neotropical Migratory Bird Conservation 
Act (16 U.S.C. 6109) is amended to read as follows:</DELETED>

<DELETED>``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    ``(a) In General.--There is authorized to be appropriated 
to carry out this Act $6,500,000 for each of fiscal years 2018 through 
2022.</DELETED>
<DELETED>    ``(b) Use of Funds.--Of the amounts made available under 
subsection (a) for each fiscal year, not less than 75 percent shall be 
expended for projects carried out at a location outside of the United 
States.''.</DELETED>

<DELETED>SEC. 7. REISSUANCE OF FINAL RULE REGARDING GRAY WOLVES IN 
              WESTERN GREAT LAKES.</DELETED>

<DELETED>    Before the end of the 60-day period beginning on the date 
of enactment of this Act, the Secretary of the Interior shall reissue 
the final rule published on December 28, 2011 (76 Fed. Reg. 81666), 
without regard to any other provision of statute or regulation that 
applies to issuance of such rule. Such reissuance shall not be subject 
to judicial review.</DELETED>

<DELETED>SEC. 8. REISSUANCE OF FINAL RULE REGARDING GRAY WOLVES IN 
              WYOMING.</DELETED>

<DELETED>    The final rule published on September 10, 2012 (77 Fed. 
Reg. 55530) that was reinstated on March 3, 2017, by the decision of 
the U.S. Court of Appeals for the District of Columbia (No. 14-5300) 
and further republished on May 1, 2017 (82 Fed. Reg. 20284-85) that 
reinstates the removal of Federal protections for the gray wolf in 
Wyoming under the Endangered Species Act of 1973, as amended, shall not 
be subject to judicial review.</DELETED>

<DELETED>SEC. 9. MODIFICATION OF DEFINITION OF SPORT FISHING EQUIPMENT 
              UNDER TOXIC SUBSTANCES CONTROL ACT.</DELETED>

<DELETED>    Section 3(2)(B) of the Toxic Substances Control Act (15 
U.S.C. 2602(2)(B)) is amended--</DELETED>
        <DELETED>    (1) in clause (v), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (2) in clause (vi) by striking the period at the 
        end and inserting ``, and''; and</DELETED>
        <DELETED>    (3) by inserting after clause (vi) the 
        following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 10. REAUTHORIZATION OF CHESAPEAKE BAY PROGRAM.</DELETED>

<DELETED>    Section 117 of the Federal Water Pollution Control Act (33 
U.S.C. 1267) is amended by striking subsection (j) and inserting the 
following:</DELETED>
<DELETED>    ``(j) Authorization of Appropriations.--There is 
authorized to be appropriated to carry out this section $90,000,000 for 
each of fiscal years 2018 through 2022.''.</DELETED>

<DELETED>SEC. 11. REAUTHORIZATION OF CHESAPEAKE BAY INITIATIVE ACT OF 
              1998.</DELETED>

<DELETED>    Section 502(c) of the Chesapeake Bay Initiative Act of 
1998 (Public Law 105-312; 112 Stat. 2963; 129 Stat. 2579) is amended by 
striking ``2017'' and inserting ``2023''.</DELETED>

<DELETED>SEC. 12. NATIONAL FISH HABITAT CONSERVATION THROUGH 
              PARTNERSHIPS.</DELETED>

<DELETED>    (a) Purpose.--The purpose of this section is to encourage 
partnerships among public agencies and other interested parties to 
promote fish conservation--</DELETED>
        <DELETED>    (1) 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--</DELETED>
                <DELETED>    (A) improving ecological 
                conditions;</DELETED>
                <DELETED>    (B) restoring natural processes; 
                or</DELETED>
                <DELETED>    (C) preventing the decline of intact and 
                healthy systems;</DELETED>
        <DELETED>    (2) to establish a consensus set of national 
        conservation strategies as a framework to guide future actions 
        and investment by Fish Habitat Partnerships;</DELETED>
        <DELETED>    (3) to broaden the community of support for fish 
        habitat conservation by--</DELETED>
                <DELETED>    (A) increasing fishing 
                opportunities;</DELETED>
                <DELETED>    (B) fostering the participation of local 
                communities, especially young people in local 
                communities, in conservation activities; and</DELETED>
                <DELETED>    (C) raising public awareness of the role 
                healthy fish habitat play in the quality of life and 
                economic well-being of local communities;</DELETED>
        <DELETED>    (4) to fill gaps in the National Fish Habitat 
        Assessment and the associated database of the National Fish 
        Habitat Assessment--</DELETED>
                <DELETED>    (A) to empower strategic conservation 
                actions supported by broadly available scientific 
                information; and</DELETED>
                <DELETED>    (B) to integrate socioeconomic data in the 
                analysis to improve the lives of humans in a manner 
                consistent with fish habitat conservation goals; 
                and</DELETED>
        <DELETED>    (5) to communicate to the public and conservation 
        partners--</DELETED>
                <DELETED>    (A) the conservation outcomes produced 
                collectively by Fish Habitat Partnerships; 
                and</DELETED>
                <DELETED>    (B) new opportunities and voluntary 
                approaches for conserving fish habitat.</DELETED>
<DELETED>    (b) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Commerce, Science, 
                and Transportation and the Committee on Environment and 
                Public Works of the Senate; and</DELETED>
                <DELETED>    (B) the Committee on Natural Resources of 
                the House of Representatives.</DELETED>
        <DELETED>    (2) Board.--The term ``Board'' means the National 
        Fish Habitat Board established by subsection 
        (c)(1)(A).</DELETED>
        <DELETED>    (3) Director.--The term ``Director'' means the 
        Director of the United States Fish and Wildlife 
        Service.</DELETED>
        <DELETED>    (4) Epa assistant administrator.--The term ``EPA 
        Assistant Administrator'' means the Assistant Administrator for 
        Water of the Environmental Protection Agency.</DELETED>
        <DELETED>    (5) Indian tribe.--The term ``Indian tribe'' has 
        the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        5304).</DELETED>
        <DELETED>    (6) NOAA assistant administrator.--The term ``NOAA 
        Assistant Administrator'' means the Assistant Administrator for 
        Fisheries of the National Oceanic and Atmospheric 
        Administration.</DELETED>
        <DELETED>    (7) Partnership.--The term ``Partnership'' means a 
        self-governed entity designated by Congress as a Fish Habitat 
        Partnership under subsection (d)(6) after a recommendation by 
        the Board under subsection (d)(1).</DELETED>
        <DELETED>    (8) Real property interest.--The term ``real 
        property interest'' means an ownership interest in--</DELETED>
                <DELETED>    (A) land; or</DELETED>
                <DELETED>    (B) water (including water 
                rights).</DELETED>
        <DELETED>    (9) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (10) State.--The term ``State'' means each of the 
        several States.</DELETED>
        <DELETED>    (11) State agency.--The term ``State agency'' 
        means--</DELETED>
                <DELETED>    (A) the fish and wildlife agency of a 
                State; and</DELETED>
                <DELETED>    (B) any department or division of a 
                department or agency of a State that manages in the 
                public trust the inland or marine fishery resources or 
                sustains the habitat for those fishery resources of the 
                State pursuant to State law or the constitution of the 
                State.</DELETED>
<DELETED>    (c) National Fish Habitat Board.--</DELETED>
        <DELETED>    (1) Establishment.--</DELETED>
                <DELETED>    (A) Fish habitat board.--There is 
                established a board, to be known as the ``National Fish 
                Habitat Board'', whose duties are--</DELETED>
                        <DELETED>    (i) to promote, oversee, and 
                        coordinate the implementation of this 
                        section;</DELETED>
                        <DELETED>    (ii) to establish national goals 
                        and priorities for fish habitat 
                        conservation;</DELETED>
                        <DELETED>    (iii) to recommend to Congress 
                        entities for designation as Partnerships; 
                        and</DELETED>
                        <DELETED>    (iv) to review and make 
                        recommendations regarding fish habitat 
                        conservation projects.</DELETED>
                <DELETED>    (B) Membership.--The Board shall be 
                composed of 25 members, of whom--</DELETED>
                        <DELETED>    (i) 1 shall be a representative of 
                        the Department of the Interior;</DELETED>
                        <DELETED>    (ii) 1 shall be a representative 
                        of the United States Geological 
                        Survey;</DELETED>
                        <DELETED>    (iii) 1 shall be a representative 
                        of the Department of Commerce;</DELETED>
                        <DELETED>    (iv) 1 shall be a representative 
                        of the Department of Agriculture;</DELETED>
                        <DELETED>    (v) 1 shall be a representative of 
                        the Association of Fish and Wildlife 
                        Agencies;</DELETED>
                        <DELETED>    (vi) 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;</DELETED>
                        <DELETED>    (vii) 1 shall be a representative 
                        of either--</DELETED>
                                <DELETED>    (I) Indian tribes in the 
                                State of Alaska; or</DELETED>
                                <DELETED>    (II) Indian tribes in 
                                States other than the State of 
                                Alaska;</DELETED>
                        <DELETED>    (viii) 1 shall be a representative 
                        of either--</DELETED>
                                <DELETED>    (I) the Regional Fishery 
                                Management Councils established under 
                                section 302 of the Magnuson-Stevens 
                                Fishery Conservation and Management Act 
                                (16 U.S.C. 1852); or</DELETED>
                                <DELETED>    (II) a representative of 
                                the Marine Fisheries Commissions, which 
                                is composed of--</DELETED>
                                        <DELETED>    (aa) the Atlantic 
                                        States Marine Fisheries 
                                        Commission;</DELETED>
                                        <DELETED>    (bb) the Gulf 
                                        States Marine Fisheries 
                                        Commission; and</DELETED>
                                        <DELETED>    (cc) the Pacific 
                                        States Marine Fisheries 
                                        Commission;</DELETED>
                        <DELETED>    (ix) 1 shall be a representative 
                        of the Sportfishing and Boating Partnership 
                        Council;</DELETED>
                        <DELETED>    (x) 7 shall be representatives 
                        selected from each of--</DELETED>
                                <DELETED>    (I) the recreational 
                                sportfishing industry;</DELETED>
                                <DELETED>    (II) the commercial 
                                fishing industry;</DELETED>
                                <DELETED>    (III) marine recreational 
                                anglers;</DELETED>
                                <DELETED>    (IV) freshwater 
                                recreational anglers;</DELETED>
                                <DELETED>    (V) habitat conservation 
                                organizations; and</DELETED>
                                <DELETED>    (VI) science-based fishery 
                                organizations;</DELETED>
                        <DELETED>    (xi) 1 shall be a representative 
                        of a national private landowner 
                        organization;</DELETED>
                        <DELETED>    (xii) 1 shall be a representative 
                        of an agricultural production 
                        organization;</DELETED>
                        <DELETED>    (xiii) 1 shall be a representative 
                        of local government interests involved in fish 
                        habitat restoration;</DELETED>
                        <DELETED>    (xiv) 2 shall be representatives 
                        from different sectors of corporate industries, 
                        which may include--</DELETED>
                                <DELETED>    (I) natural resource 
                                commodity interests, such as petroleum 
                                or mineral extraction;</DELETED>
                                <DELETED>    (II) natural resource user 
                                industries; and</DELETED>
                                <DELETED>    (III) industries with an 
                                interest in fish and fish habitat 
                                conservation; and</DELETED>
                        <DELETED>    (xv) 1 shall be a leadership 
                        private sector or landowner representative of 
                        an active partnership.</DELETED>
                <DELETED>    (C) Compensation.--A member of the Board 
                shall serve without compensation.</DELETED>
                <DELETED>    (D) 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.</DELETED>
        <DELETED>    (2) Appointment and terms.--</DELETED>
                <DELETED>    (A) In general.--Except as otherwise 
                provided in this subsection, a member of the Board 
                described in any of clauses (vi) through (xiv) of 
                paragraph (1)(B) shall serve for a term of 3 
                years.</DELETED>
                <DELETED>    (B) Initial board membership.--</DELETED>
                        <DELETED>    (i) In general.--The initial Board 
                        will consist of representatives as described in 
                        clauses (i) through (vi) of paragraph 
                        (1)(B).</DELETED>
                        <DELETED>    (ii) Remaining members.--Not later 
                        than 60 days after the date of enactment of 
                        this Act, the representatives of the initial 
                        Board pursuant to clause (i) shall appoint the 
                        remaining members of the Board described in 
                        clauses (viii) through (xiv) of paragraph 
                        (1)(B).</DELETED>
                        <DELETED>    (iii) 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 3 tribal 
                        representatives, from which the Board shall 
                        appoint 1 representative pursuant to clause 
                        (vii) of paragraph (1)(B).</DELETED>
                <DELETED>    (C) Transitional terms.--Of the members 
                described in paragraph (1)(B)(x) initially appointed to 
                the Board--</DELETED>
                        <DELETED>    (i) 2 shall be appointed for a 
                        term of 1 year;</DELETED>
                        <DELETED>    (ii) 2 shall be appointed for a 
                        term of 2 years; and</DELETED>
                        <DELETED>    (iii) 3 shall be appointed for a 
                        term of 3 years.</DELETED>
                <DELETED>    (D) Vacancies.--</DELETED>
                        <DELETED>    (i) In general.--A vacancy of a 
                        member of the Board described in any of clauses 
                        (viii) through (xiv) of paragraph (1)(B) shall 
                        be filled by an appointment made by the 
                        remaining members of the Board.</DELETED>
                        <DELETED>    (ii) Tribal representatives.--
                        Following a vacancy of a member of the Board 
                        described in clause (vii) of paragraph (1)(B), 
                        the Secretary shall recommend to the Board a 
                        list of not fewer than 3 tribal 
                        representatives, from which the remaining 
                        members of the Board shall appoint a 
                        representative to fill the vacancy.</DELETED>
                <DELETED>    (E) 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.</DELETED>
                <DELETED>    (F) Removal.--If a member of the Board 
                described in any of clauses (viii) through (xiv) of 
                paragraph (1)(B) misses 3 consecutive regularly 
                scheduled Board meetings, the members of the Board 
                may--</DELETED>
                        <DELETED>    (i) vote to remove that member; 
                        and</DELETED>
                        <DELETED>    (ii) appoint another individual in 
                        accordance with subparagraph (D).</DELETED>
        <DELETED>    (3) Chairperson.--</DELETED>
                <DELETED>    (A) In general.--The representative of the 
                Association of Fish and Wildlife Agencies appointed 
                pursuant to paragraph (1)(B)(v) shall serve as 
                Chairperson of the Board.</DELETED>
                <DELETED>    (B) Term.--The Chairperson of the Board 
                shall serve for a term of 3 years.</DELETED>
        <DELETED>    (4) Meetings.--</DELETED>
                <DELETED>    (A) In general.--The Board shall meet--
                </DELETED>
                        <DELETED>    (i) at the call of the 
                        Chairperson; but</DELETED>
                        <DELETED>    (ii) not less frequently than 
                        twice each calendar year.</DELETED>
                <DELETED>    (B) Public access.--All meetings of the 
                Board shall be open to the public.</DELETED>
        <DELETED>    (5) Procedures.--</DELETED>
                <DELETED>    (A) In general.--The Board shall establish 
                procedures to carry out the business of the Board, 
                including--</DELETED>
                        <DELETED>    (i) a requirement that a quorum of 
                        the members of the Board be present to transact 
                        business;</DELETED>
                        <DELETED>    (ii) a requirement that no 
                        recommendations may be adopted by the Board, 
                        except by the vote of \2/3\ of all 
                        members;</DELETED>
                        <DELETED>    (iii) procedures for establishing 
                        national goals and priorities for fish habitat 
                        conservation for the purposes of this 
                        section;</DELETED>
                        <DELETED>    (iv) procedures for designating 
                        Partnerships under subsection (d); 
                        and</DELETED>
                        <DELETED>    (v) procedures for reviewing, 
                        evaluating, and making recommendations 
                        regarding fish habitat conservation 
                        projects.</DELETED>
                <DELETED>    (B) Quorum.--A majority of the members of 
                the Board shall constitute a quorum.</DELETED>
<DELETED>    (d) Fish Habitat Partnerships.--</DELETED>
        <DELETED>    (1) Authority to recommend.--The Board may 
        recommend to Congress the designation of Fish Habitat 
        Partnerships in accordance with this subsection.</DELETED>
        <DELETED>    (2) Purposes.--The purposes of a Partnership shall 
        be--</DELETED>
                <DELETED>    (A) to work with other regional habitat 
                conservation programs to promote cooperation and 
                coordination to enhance fish and fish 
                habitats;</DELETED>
                <DELETED>    (B) to engage local and regional 
                communities to build support for fish habitat 
                conservation;</DELETED>
                <DELETED>    (C) to involve diverse groups of public 
                and private partners;</DELETED>
                <DELETED>    (D) to develop collaboratively a strategic 
                vision and achievable implementation plan that is 
                scientifically sound;</DELETED>
                <DELETED>    (E) to leverage funding from sources that 
                support local and regional partnerships;</DELETED>
                <DELETED>    (F) to use adaptive management principles, 
                including evaluation of project success and 
                functionality;</DELETED>
                <DELETED>    (G) to develop appropriate local or 
                regional habitat evaluation and assessment measures and 
                criteria that are compatible with national habitat 
                condition measures; and</DELETED>
                <DELETED>    (H) to implement local and regional 
                priority projects that improve conditions for fish and 
                fish habitat.</DELETED>
        <DELETED>    (3) Criteria for designation.--An entity seeking 
        to be designated by Congress as a Partnership shall--</DELETED>
                <DELETED>    (A) submit to the Board an application at 
                such time, in such manner, and containing such 
                information as the Board may reasonably require; 
                and</DELETED>
                <DELETED>    (B) demonstrate to the Board that the 
                entity has--</DELETED>
                        <DELETED>    (i) a focus on promoting the 
                        health of important fish and fish 
                        habitats;</DELETED>
                        <DELETED>    (ii) 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;</DELETED>
                        <DELETED>    (iii) a self-governance structure 
                        that supports the implementation of strategic 
                        priorities for fish habitat;</DELETED>
                        <DELETED>    (iv) the ability to develop local 
                        and regional relationships with a broad range 
                        of entities to further strategic priorities for 
                        fish and fish habitat;</DELETED>
                        <DELETED>    (v) 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;</DELETED>
                        <DELETED>    (vi) the ability to develop and 
                        implement fish habitat conservation projects 
                        that address strategic priorities of the 
                        Partnership and the Board; and</DELETED>
                        <DELETED>    (vii) 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.</DELETED>
        <DELETED>    (4) Requirements for recommendation to congress.--
        The Board may recommend to Congress for designation an 
        application for a Partnership submitted under paragraph (3)(A) 
        if the Board determines that the applicant--</DELETED>
                <DELETED>    (A) meets the criteria described in 
                paragraph (3)(B);</DELETED>
                <DELETED>    (B) 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;</DELETED>
                <DELETED>    (C) is organized to promote the health of 
                important fish species and important fish habitats, 
                including reservoirs, natural lakes, coastal and marine 
                environments, and estuaries;</DELETED>
                <DELETED>    (D) 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 
                decisionmaking;</DELETED>
                <DELETED>    (E) is able to address issues and 
                priorities on a nationally significant scale;</DELETED>
                <DELETED>    (F) includes a governance structure that--
                </DELETED>
                        <DELETED>    (i) reflects the range of all 
                        partners; and</DELETED>
                        <DELETED>    (ii) promotes joint strategic 
                        planning and decisionmaking by the 
                        applicant;</DELETED>
                <DELETED>    (G) demonstrates completion of, or 
                significant progress toward the development of, a 
                strategic plan to address the decline in fish 
                populations, rather than simply treating symptoms, in 
                accordance with the goals and national priorities 
                established by the Board; and</DELETED>
                <DELETED>    (H) promotes collaboration in developing a 
                strategic vision and implementation program that is 
                scientifically sound and achievable.</DELETED>
        <DELETED>    (5) Report to congress.--</DELETED>
                <DELETED>    (A) 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--</DELETED>
                        <DELETED>    (i) identifies any entity that--
                        </DELETED>
                                <DELETED>    (I) meets the requirements 
                                described in paragraph (4); 
                                and</DELETED>
                                <DELETED>    (II) the Board recommends 
                                for designation as a 
                                Partnership;</DELETED>
                        <DELETED>    (ii) describes any proposed 
                        modifications to a Partnership previously 
                        designated by Congress under paragraph 
                        (6);</DELETED>
                        <DELETED>    (iii) with respect to each entity 
                        recommended for designation as a Partnership, 
                        describes, to the maximum extent practicable--
                        </DELETED>
                                <DELETED>    (I) the purpose of the 
                                recommended Partnership; and</DELETED>
                                <DELETED>    (II) how the recommended 
                                Partnership fulfills the requirements 
                                described in paragraph (4).</DELETED>
                <DELETED>    (B) Public availability; notification.--
                The Board shall--</DELETED>
                        <DELETED>    (i) make the report publicly 
                        available, including on the Internet; 
                        and</DELETED>
                        <DELETED>    (ii) 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.</DELETED>
        <DELETED>    (6) Designation or modification of partnership.--
        Congress shall have the sole authority to designate or modify a 
        Partnership.</DELETED>
        <DELETED>    (7) Existing partnerships.--</DELETED>
                <DELETED>    (A) Designation review.--Not later than 5 
                years after the date of enactment of this Act, any fish 
                habitat 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 
                paragraph (6).</DELETED>
                <DELETED>    (B) Ineligibility for federal funds.--A 
                partnership referred to in subparagraph (A) that 
                Congress does not designate as described in that 
                subparagraph shall be ineligible to receive Federal 
                funds under this section.</DELETED>
<DELETED>    (e) Fish Habitat Conservation Projects.--</DELETED>
        <DELETED>    (1) Submission to board.--Not later than March 31 
        of each calendar 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 
        section.</DELETED>
        <DELETED>    (2) Recommendations by board.--Not later than July 
        1 of each calendar year, the Board shall submit to the 
        Secretary a priority list of fish habitat conservation projects 
        that includes the description, including estimated costs, of 
        each project that the Board recommends that the Secretary 
        approve and fund under this section for the following fiscal 
        year.</DELETED>
        <DELETED>    (3) Criteria for project selection.--The Board 
        shall select each fish habitat conservation project to be 
        recommended to the Secretary under paragraph (2) after taking 
        into consideration, at a minimum, the following 
        information:</DELETED>
                <DELETED>    (A) A recommendation of the Partnership 
                that is, or will be, participating actively in 
                implementing the fish habitat conservation 
                project.</DELETED>
                <DELETED>    (B) The capabilities and experience of 
                project proponents to implement successfully the 
                proposed project.</DELETED>
                <DELETED>    (C) The extent to which the fish habitat 
                conservation project --</DELETED>
                        <DELETED>    (i) 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 
                        section;</DELETED>
                        <DELETED>    (ii) addresses the national 
                        priorities established by the Board;</DELETED>
                        <DELETED>    (iii) is supported by the findings 
                        of the Habitat Assessment of the Partnership or 
                        the Board, and aligns or is compatible with 
                        other conservation plans;</DELETED>
                        <DELETED>    (iv) identifies appropriate 
                        monitoring and evaluation measures and criteria 
                        that are compatible with national 
                        measures;</DELETED>
                        <DELETED>    (v) provides a well-defined budget 
                        linked to deliverables and outcomes;</DELETED>
                        <DELETED>    (vi) leverages other funds to 
                        implement the project;</DELETED>
                        <DELETED>    (vii) addresses the causes and 
                        processes behind the decline of fish or fish 
                        habitats; and</DELETED>
                        <DELETED>    (viii) includes an outreach or 
                        education component that includes the local or 
                        regional community.</DELETED>
                <DELETED>    (D) The availability of sufficient non-
                Federal funds to match Federal contributions for the 
                fish habitat conservation project, as required by 
                paragraph (5);</DELETED>
                <DELETED>    (E) The extent to which the local or 
                regional fish habitat conservation project--</DELETED>
                        <DELETED>    (i) will increase fish populations 
                        in a manner that leads to recreational fishing 
                        opportunities for the public;</DELETED>
                        <DELETED>    (ii) will be carried out through a 
                        cooperative agreement among Federal, State, and 
                        local governments, Indian tribes, and private 
                        entities;</DELETED>
                        <DELETED>    (iii) increases public access to 
                        land or water for fish and wildlife-dependent 
                        recreational opportunities;</DELETED>
                        <DELETED>    (iv) advances the conservation of 
                        fish and wildlife species that have been 
                        identified by the States as species of greatest 
                        conservation need;</DELETED>
                        <DELETED>    (v) 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</DELETED>
                        <DELETED>    (vi) promotes strong and healthy 
                        fish habitats so that desired biological 
                        communities are able to persist and 
                        adapt.</DELETED>
                <DELETED>    (F) The substantiality of the character 
                and design of the fish habitat conservation 
                project.</DELETED>
        <DELETED>    (4) Limitations.--</DELETED>
                <DELETED>    (A) Requirements for evaluation.--No fish 
                habitat conservation project may be recommended by the 
                Board under paragraph (2) or provided financial 
                assistance under this section unless the fish habitat 
                conservation project includes an evaluation plan 
                designed using applicable Board guidance--</DELETED>
                        <DELETED>    (i) to appropriately assess the 
                        biological, ecological, or other results of the 
                        habitat protection, restoration, or enhancement 
                        activities carried out using the 
                        assistance;</DELETED>
                        <DELETED>    (ii) 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;</DELETED>
                        <DELETED>    (iii) 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</DELETED>
                        <DELETED>    (iv) to require the submission to 
                        the Board of a report describing the findings 
                        of the assessment.</DELETED>
                <DELETED>    (B) Acquisition authorities.--</DELETED>
                        <DELETED>    (i) 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 section if the acquisition ensures 1 of--
                        </DELETED>
                                <DELETED>    (I) public access for 
                                compatible fish and wildlife-dependent 
                                recreation; or</DELETED>
                                <DELETED>    (II) a scientifically 
                                based, direct enhancement to the health 
                                of fish and fish populations, as 
                                determined by the Board.</DELETED>
                        <DELETED>    (ii) State agency approval.--
                        </DELETED>
                                <DELETED>    (I) In general.--All real 
                                property interest acquisition projects 
                                funded under this section are required 
                                to be approved by the State agency in 
                                the State in which the project is 
                                occurring.</DELETED>
                                <DELETED>    (II) 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.</DELETED>
                        <DELETED>    (iii) Assessment of other 
                        authorities.--The Fish Habitat Partnership 
                        shall conduct 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.</DELETED>
                        <DELETED>    (iv) 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, unless--</DELETED>
                                <DELETED>    (I) the owner of the real 
                                property authorizes the State, local 
                                government, or other non-Federal entity 
                                to acquire the real property; 
                                and</DELETED>
                                <DELETED>    (II) the Secretary and the 
                                Board determine that the State, local 
                                government, or other non-Federal entity 
                                would benefit from undertaking the 
                                management of the real property being 
                                acquired because that is in accordance 
                                with the goals of a 
                                partnership.</DELETED>
        <DELETED>    (5) Non-federal contributions.--</DELETED>
                <DELETED>    (A) In general.--Except as provided in 
                subparagraph (B), no fish habitat conservation project 
                may be recommended by the Board under paragraph (2) or 
                provided financial assistance under this section unless 
                at least 50 percent of the cost of the fish habitat 
                conservation project will be funded with non-Federal 
                funds.</DELETED>
                <DELETED>    (B) Non-federal share.--The non-Federal 
                share of the cost of a fish habitat conservation 
                project--</DELETED>
                        <DELETED>    (i) may not be derived from 
                        another Federal grant program; but</DELETED>
                        <DELETED>    (ii) may include in-kind 
                        contributions and cash.</DELETED>
                <DELETED>    (C) Special rule for indian tribes.--
                Notwithstanding subparagraph (A) or any other provision 
                of law, any funds made available to an Indian tribe 
                pursuant to this section may be considered to be non-
                Federal funds for the purpose of subparagraph 
                (A).</DELETED>
        <DELETED>    (6) Approval.--</DELETED>
                <DELETED>    (A) In general.--Not later than 90 days 
                after the date of receipt of the recommended priority 
                list of fish habitat conservation projects under 
                paragraph (2), subject to the limitations of paragraph 
                (4), and based, to the maximum extent practicable, on 
                the criteria described in paragraph (3), 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.</DELETED>
                <DELETED>    (B) Funding.--If the Secretary approves a 
                fish habitat conservation project under subparagraph 
                (A), the Secretary shall use amounts made available to 
                carry out this section to provide funds to carry out 
                the fish habitat conservation project.</DELETED>
                <DELETED>    (C) Notification.--If the Secretary 
                rejects any fish habitat conservation project 
                recommended by the Board under paragraph (2), not later 
                than 180 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.</DELETED>
<DELETED>    (f) Technical and Scientific Assistance.--</DELETED>
        <DELETED>    (1) In general.--The Director, the NOAA Assistant 
        Administrator, the EPA 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 the Partnerships, participants in fish 
        habitat conservation projects, and the Board.</DELETED>
        <DELETED>    (2) Inclusions.--Scientific and technical 
        assistance provided pursuant to paragraph (1) may include--
        </DELETED>
                <DELETED>    (A) providing technical and scientific 
                assistance to States, Indian tribes, regions, local 
                communities, and nongovernmental organizations in the 
                development and implementation of 
                Partnerships;</DELETED>
                <DELETED>    (B) providing technical and scientific 
                assistance to Partnerships for habitat assessment, 
                strategic planning, and prioritization;</DELETED>
                <DELETED>    (C) supporting the development and 
                implementation of fish habitat conservation projects 
                that are identified as high priorities by Partnerships 
                and the Board;</DELETED>
                <DELETED>    (D) supporting and providing 
                recommendations regarding the development of science-
                based monitoring and assessment approaches for 
                implementation through Partnerships;</DELETED>
                <DELETED>    (E) supporting and providing 
                recommendations for a national fish habitat 
                assessment;</DELETED>
                <DELETED>    (F) ensuring the availability of experts 
                to assist in conducting scientifically based evaluation 
                and reporting of the results of fish habitat 
                conservation projects; and</DELETED>
                <DELETED>    (G) providing resources to secure state 
                agency scientific and technical assistance to support 
                Partnerships, participants in fish habitat conservation 
                projects, and the Board.</DELETED>
<DELETED>    (g) Coordination With States and Indian Tribes.--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 section, including notification, by 
not later than 30 days before the date on which the activity is 
implemented.</DELETED>
<DELETED>    (h) Interagency Operational Plan.--Not later than 1 year 
after the date of enactment of this Act, and every 5 years thereafter, 
the Director, in cooperation with the NOAA Assistant Administrator, the 
EPA 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--</DELETED>
        <DELETED>    (1) the functional, operational, technical, 
        scientific, and general staff, administrative, and material 
        needs for the implementation of this section; and</DELETED>
        <DELETED>    (2) any interagency agreements between or among 
        Federal departments and agencies to address those 
        needs.</DELETED>
<DELETED>    (i) Accountability and Reporting.--</DELETED>
        <DELETED>    (1) Reporting.--</DELETED>
                <DELETED>    (A) 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 section.</DELETED>
                <DELETED>    (B) Contents.--Each report submitted under 
                subparagraph (A) shall include--</DELETED>
                        <DELETED>    (i) 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 of 
                        Federal, State, or local governments, Indian 
                        tribes, or other entities in the United States 
                        during the 5-year period ending on the date of 
                        submission of the report;</DELETED>
                        <DELETED>    (ii) a description of the public 
                        access to fish habitats established or improved 
                        during that 5-year period;</DELETED>
                        <DELETED>    (iii) a description of the 
                        improved opportunities for public recreational 
                        fishing; and</DELETED>
                        <DELETED>    (iv) an assessment of the status 
                        of fish habitat conservation projects carried 
                        out with funds provided under this section 
                        during that period, disaggregated by year, 
                        including--</DELETED>
                                <DELETED>    (I) a description of the 
                                fish habitat conservation projects 
                                recommended by the Board under 
                                subsection (e)(2);</DELETED>
                                <DELETED>    (II) a description of each 
                                fish habitat conservation project 
                                approved by the Secretary under 
                                subsection (e)(6), in order of priority 
                                for funding;</DELETED>
                                <DELETED>    (III) a justification 
                                for--</DELETED>
                                        <DELETED>    (aa) the approval 
                                        of each fish habitat 
                                        conservation project; 
                                        and</DELETED>
                                        <DELETED>    (bb) the order of 
                                        priority for funding of each 
                                        fish habitat conservation 
                                        project;</DELETED>
                                <DELETED>    (IV) a justification for 
                                any rejection of a fish habitat 
                                conservation project recommended by the 
                                Board under subsection (e)(2) that was 
                                based on a factor other than the 
                                criteria described in subsection 
                                (e)(3); and</DELETED>
                                <DELETED>    (V) an accounting of 
                                expenditures by Federal, State, or 
                                local governments, Indian tribes, or 
                                other entities to carry out fish 
                                habitat conservation 
                                projects.</DELETED>
        <DELETED>    (2) Status and trends report.--Not later than 
        December 31, 2018, and every 5 years thereafter, the Board 
        shall submit to the appropriate congressional committees a 
        report that includes--</DELETED>
                <DELETED>    (A) a status of all Partnerships 
                designated under this section;</DELETED>
                <DELETED>    (B) a description of the status of fish 
                habitats in the United States as identified by 
                established Partnerships; and</DELETED>
                <DELETED>    (C) enhancements or reductions in public 
                access as a result of--</DELETED>
                        <DELETED>    (i) the activities of the 
                        Partnerships; or</DELETED>
                        <DELETED>    (ii) any other activities carried 
                        out pursuant to this section.</DELETED>
<DELETED>    (j) Effect of Section.--</DELETED>
        <DELETED>    (1) Water rights.--Nothing in this section--
        </DELETED>
                <DELETED>    (A) establishes any express or implied 
                reserved water right in the United States for any 
                purpose;</DELETED>
                <DELETED>    (B) affects any water right in existence 
                on the date of enactment of this Act;</DELETED>
                <DELETED>    (C) preempts or affects any State water 
                law or interstate compact governing water; or</DELETED>
                <DELETED>    (D) affects any Federal or State law in 
                existence on the date of enactment of the Act regarding 
                water quality or water quantity.</DELETED>
        <DELETED>    (2) Authority to acquire water rights or rights to 
        property.--Under this section, only a State, local government, 
        or other non-Federal entity may acquire, under State law, water 
        rights or rights to property.</DELETED>
        <DELETED>    (3) State authority.--Nothing in this section--
        </DELETED>
                <DELETED>    (A) 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</DELETED>
                <DELETED>    (B) authorizes the Secretary to control or 
                regulate within a State the fishing or hunting of fish 
                and wildlife.</DELETED>
        <DELETED>    (4) Effect on indian tribes.--Nothing in this 
        section abrogates, abridges, affects, modifies, supersedes, or 
        alters any right of an Indian tribe recognized by treaty or any 
        other means, including--</DELETED>
                <DELETED>    (A) an agreement between the Indian tribe 
                and the United States;</DELETED>
                <DELETED>    (B) Federal law (including 
                regulations);</DELETED>
                <DELETED>    (C) an Executive order; or</DELETED>
                <DELETED>    (D) a judicial decree.</DELETED>
        <DELETED>    (5) Adjudication of water rights.--Nothing in this 
        section 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 Department of 
        Justice Appropriation Act, 1953 (43 U.S.C. 666).</DELETED>
        <DELETED>    (6) Department of commerce authority.--Nothing in 
        this section 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.).</DELETED>
        <DELETED>    (7) Effect on other authorities.--</DELETED>
                <DELETED>    (A) Private property protection.--Nothing 
                in this section permits the use of funds made available 
                to carry out this section to acquire real property or a 
                real property interest without the written consent of 
                each owner of the real property or real property 
                interest.</DELETED>
                <DELETED>    (B) Mitigation.--Nothing in this section 
                permits the use of funds made available to carry out 
                this section for fish and wildlife mitigation purposes 
                under--</DELETED>
                        <DELETED>    (i) the Federal Water Pollution 
                        Control Act (33 U.S.C. 1251 et seq.);</DELETED>
                        <DELETED>    (ii) the Fish and Wildlife 
                        Coordination Act (16 U.S.C. 661 et 
                        seq.);</DELETED>
                        <DELETED>    (iii) the Water Resources 
                        Development Act of 1986 (Public Law 99-662; 100 
                        Stat. 4082); or</DELETED>
                        <DELETED>    (iv) any other Federal law or 
                        court settlement.</DELETED>
                <DELETED>    (C) Clean water act.--Nothing in this 
                section affects any provision of the Federal Water 
                Pollution Control Act (33 U.S.C. 1251 et seq.), 
                including any definition in that Act.</DELETED>
<DELETED>    (k) Nonapplicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to--
</DELETED>
        <DELETED>    (1) the Board; or</DELETED>
        <DELETED>    (2) any Partnership.</DELETED>
<DELETED>    (l) Funding.--</DELETED>
        <DELETED>    (1) Authorization of appropriations.--</DELETED>
                <DELETED>    (A) Fish habitat conservation projects.--
                There is authorized to be appropriated to the Secretary 
                $7,200,000 for each of fiscal years 2018 through 2022 
                to provide funds for fish habitat conservation projects 
                approved under subsection (e)(6), of which 5 percent 
                shall be made available for each fiscal year for 
                projects carried out by Indian tribes.</DELETED>
                <DELETED>    (B) Administrative and planning 
                expenses.--There is authorized to be appropriated to 
                the Secretary for each of fiscal years 2018 through 
                2022 an amount equal to 5 percent of the amount 
                appropriated for the applicable fiscal year pursuant to 
                subparagraph (A)--</DELETED>
                        <DELETED>    (i) for administrative and 
                        planning expenses; and</DELETED>
                        <DELETED>    (ii) to carry out subsection 
                        (i).</DELETED>
                <DELETED>    (C) Technical and scientific assistance.--
                There is authorized to be appropriated for each of 
                fiscal years 2018 through 2022 to carry out, and 
                provide technical and scientific assistance under, 
                subsection (f)--</DELETED>
                        <DELETED>    (i) $500,000 to the Secretary for 
                        use by the United States Fish and Wildlife 
                        Service;</DELETED>
                        <DELETED>    (ii) $500,000 to the NOAA 
                        Assistant Administrator for use by the National 
                        Oceanic and Atmospheric 
                        Administration;</DELETED>
                        <DELETED>    (iii) $500,000 to the EPA 
                        Assistant Administrator for use by the 
                        Environmental Protection Agency; and</DELETED>
                        <DELETED>    (iv) $500,000 to the Secretary for 
                        use by the United States Geological 
                        Survey.</DELETED>
        <DELETED>    (2) Agreements and grants.--The Secretary may--
        </DELETED>
                <DELETED>    (A) 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 for a fish habitat 
                conservation project or restoration or enhancement 
                project;</DELETED>
                <DELETED>    (B) apply for, accept, and use a grant 
                from any individual or entity to carry out the purposes 
                of this section; and</DELETED>
                <DELETED>    (C) make funds 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 section.</DELETED>
        <DELETED>    (3) Donations.--</DELETED>
                <DELETED>    (A) In general.--The Secretary may--
                </DELETED>
                        <DELETED>    (i) 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 section; and</DELETED>
                        <DELETED>    (ii) accept donations of funds, 
                        property, and services to carry out the 
                        purposes of this section.</DELETED>
                <DELETED>    (B) Treatment.--A donation accepted under 
                this section--</DELETED>
                        <DELETED>    (i) shall be considered to be a 
                        gift or bequest to, or otherwise for the use 
                        of, the United States; and</DELETED>
                        <DELETED>    (ii) may be--</DELETED>
                                <DELETED>    (I) used directly by the 
                                Secretary; or</DELETED>
                                <DELETED>    (II) provided to another 
                                Federal department or agency through an 
                                interagency agreement.</DELETED>
<DELETED>    (m) Prohibition Against Implementation of Regulatory 
Authority by Federal Agencies .--Any Partnership designated under this 
section--</DELETED>
        <DELETED>    (1) shall be for the sole purpose of promoting 
        fish conservation; and</DELETED>
        <DELETED>    (2) shall not be used to implement any regulatory 
        authority of any Federal agency.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hunting Heritage and Environmental 
Legacy Preservation for Wildlife Act'' or the ``HELP for Wildlife 
Act''.

SEC. 2. TARGET PRACTICE AND MARKSMANSHIP.

    (a) Purpose.--The purpose of this section is to facilitate the 
construction and expansion of public target ranges, including ranges on 
Federal land managed by the Forest Service and the Bureau of Land 
Management.
    (b) Definition of Public Target Range.--In this section, the term 
``public target range'' means a specific location that--
            (1) is identified by a governmental agency for recreational 
        shooting;
            (2) is open to the public;
            (3) may be supervised; and
            (4) may accommodate archery or rifle, pistol, or shotgun 
        shooting.
    (c) Amendments to Pittman-Robertson Wildlife Restoration Act.--
            (1) Definitions.--Section 2 of the Pittman-Robertson 
        Wildlife Restoration Act (16 U.S.C. 669a) is amended--
                    (A) by redesignating paragraphs (2) through (8) as 
                paragraphs (3) through (9), respectively; and
                    (B) by inserting after paragraph (1) the following:
            ``(2) the term `public target range' means a specific 
        location that--
                    ``(A) is identified by a governmental agency for 
                recreational shooting;
                    ``(B) is open to the public;
                    ``(C) may be supervised; and
                    ``(D) may accommodate archery or rifle, pistol, or 
                shotgun shooting;''.
            (2) Expenditures for management of wildlife areas and 
        resources.--Section 8(b) of the Pittman-Robertson Wildlife 
        Restoration Act (16 U.S.C. 669g(b)) is amended--
                    (A) by striking ``(b) Each State'' and inserting 
                the following:
    ``(b) Expenditures for Management of Wildlife Areas and 
Resources.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State'';
                    (B) in paragraph (1) (as so designated), in the 
                first sentence, by striking ``construction, 
                operation,'' and inserting ``operation'';
                    (C) in the second sentence, by striking ``The non-
                Federal share'' and inserting the following:
            ``(3) Non-federal share.--The non-Federal share'';
                    (D) in the third sentence, by striking ``The 
                Secretary'' and inserting the following:
            ``(4) Regulations.--The Secretary''; and
                    (E) by inserting after paragraph (1) (as designated 
                by subparagraph (A)) the following:
            ``(2) Exception.--Notwithstanding the limitation described 
        in paragraph (1), a State may pay up to 90 percent of the cost 
        of acquiring land for, expanding, or constructing a public 
        target range.''.
            (3) Firearm and bow hunter education and safety program 
        grants.--Section 10 of the Pittman-Robertson Wildlife 
        Restoration Act (16 U.S.C. 669h-1) is amended--
                    (A) in subsection (a), by adding at the end the 
                following:
            ``(3) Allocation of additional amounts.--Of the amount 
        apportioned to a State for any fiscal year under section 4(b), 
        the State may elect to allocate not more than 10 percent, to be 
        combined with the amount apportioned to the State under 
        paragraph (1) for that fiscal year, for acquiring land for, 
        expanding, or constructing a public target range.'';
                    (B) by striking subsection (b) and inserting the 
                following:
    ``(b) Cost Sharing.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost of any activity carried out using a 
        grant under this section shall not exceed 75 percent of the 
        total cost of the activity.
            ``(2) Public target range construction or expansion.--The 
        Federal share of the cost of acquiring land for, expanding, or 
        constructing a public target range in a State on Federal or 
        non-Federal land pursuant to this section or section 8(b) shall 
        not exceed 90 percent of the cost of the activity.''; and
                    (C) in subsection (c)(1)--
                            (i) by striking ``Amounts made'' and 
                        inserting the following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), amounts made''; and
                            (ii) by adding at the end the following:
                    ``(B) Exception.--Amounts provided for acquiring 
                land for, constructing, or expanding a public target 
                range shall remain available for expenditure and 
                obligation during the 5-fiscal-year period beginning on 
                October 1 of the first fiscal year for which the 
                amounts are made available.''.
    (d) Sense of Congress Regarding Cooperation.--It is the sense of 
Congress that, consistent with applicable laws (including regulations), 
the Chief of the Forest Service and the Director of the Bureau of Land 
Management should cooperate with State and local authorities and other 
entities to carry out waste removal and other activities on any Federal 
land used as a public target range to encourage continued use of that 
land for target practice or marksmanship training.

SEC. 3. BAITING OF MIGRATORY GAME BIRDS.

    Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is 
amended by striking subsection (b) and inserting the following:
    ``(b) Prohibition of Baiting.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Baited area.--
                            ``(i) In general.--The term `baited area' 
                        means--
                                    ``(I) any area on which salt, 
                                grain, or other feed has been placed, 
                                exposed, deposited, distributed, or 
                                scattered, if the salt, grain, or feed 
                                could lure or attract migratory game 
                                birds; and
                                    ``(II) in the case of waterfowl, 
                                cranes (family Gruidae), and coots 
                                (family Rallidae), a standing, 
                                unharvested crop that has been 
                                manipulated through activities such as 
                                mowing, discing, or rolling, unless the 
                                activities are normal agricultural 
                                practices.
                            ``(ii) Exclusions.--An area shall not be 
                        considered to be a `baited area' if the area--
                                    ``(I) has been treated with a 
                                normal agricultural practice;
                                    ``(II) has standing crops that have 
                                not been manipulated; or
                                    ``(III) has standing crops that 
                                have been or are flooded.
                    ``(B) Baiting.--The term `baiting' means the direct 
                or indirect placing, exposing, depositing, 
                distributing, or scattering of salt, grain, or other 
                feed that could lure or attract migratory game birds 
                to, on, or over any areas on which a hunter is 
                attempting to take migratory game birds.
                    ``(C) Migratory game bird.--The term `migratory 
                game bird' means migratory bird species--
                            ``(i) that are within the taxonomic 
                        families of Anatidae, Columbidae, Gruidae, 
                        Rallidae, and Scolopacidae; and
                            ``(ii) for which open seasons are 
                        prescribed by the Secretary of the Interior.
                    ``(D) Normal agricultural practice.--
                            ``(i) In general.--The term `normal 
                        agricultural practice' means any practice in 1 
                        annual growing season that--
                                    ``(I) is carried out in order to 
                                produce a marketable crop, including 
                                planting, harvest, post-harvest, or 
                                soil conservation practices; and
                                    ``(II) is recommended for the 
                                successful harvest of a given crop by 
                                the applicable State office of the 
                                Cooperative Extension System of the 
                                Department of Agriculture, in 
                                consultation with, and if requested, 
                                the concurrence of, the head of the 
                                applicable State department of fish and 
                                wildlife.
                            ``(ii) Inclusions.--
                                    ``(I) In general.--Subject to 
                                subclause (II), the term `normal 
                                agricultural practice' includes the 
                                destruction of a crop in accordance 
                                with practices required by the Federal 
                                Crop Insurance Corporation for 
                                agricultural producers to obtain crop 
                                insurance under the Federal Crop 
                                Insurance Act (7 U.S.C. 1501 et seq.) 
                                on land on which a crop during the 
                                current or immediately preceding crop 
                                year was not harvestable due to a 
                                natural disaster (including any 
                                hurricane, storm, tornado, flood, high 
                                water, wind-driven water, tidal wave, 
                                tsunami, earthquake, volcanic eruption, 
                                landslide, mudslide, drought, fire, 
                                snowstorm, or other catastrophe that is 
                                declared a major disaster by the 
                                President in accordance with section 
                                401 of the Robert T. Stafford Disaster 
                                Relief and Emergency Assistance Act (42 
                                U.S.C. 5170)).
                                    ``(II) Limitations.--The term 
                                `normal agricultural practice' only 
                                includes a crop described in subclause 
                                (I) that has been destroyed or 
                                manipulated through activities that 
                                include (but are not limited to) 
                                mowing, discing, or rolling if the 
                                Federal Crop Insurance Corporation 
                                certifies that flooding was not an 
                                acceptable method of destruction to 
                                obtain crop insurance under the Federal 
                                Crop Insurance Act (7 U.S.C. 1501 et 
                                seq.).
                    ``(E) Waterfowl.--The term `waterfowl' means native 
                species of the family Anatidae.
            ``(2) Prohibition.--It shall be unlawful for any person--
                    ``(A) to take any migratory game bird by baiting or 
                on or over any baited area, if the person knows or 
                reasonably should know that the area is a baited area; 
                or
                    ``(B) to place or direct the placement of bait on 
                or adjacent to an area for the purpose of causing, 
                inducing, or allowing any person to take or attempt to 
                take any migratory game bird by baiting or on or over 
                the baited area.
            ``(3) Regulations.--The Secretary of the Interior may 
        promulgate regulations to implement this subsection.
            ``(4) Reports.--Annually, the Secretary of Agriculture 
        shall submit to the Secretary of the Interior a report that 
        describes any changes to normal agricultural practices across 
        the range of crops grown by agricultural producers in each 
        region of the United States in which the recommendations are 
        provided to agricultural producers.''.

SEC. 4. NORTH AMERICAN WETLANDS CONSERVATION ACT.

    (a) Real Property.--Section 6(a)(3) of the North American Wetlands 
Conservation Act (16 U.S.C. 4405(a)(3)) is amended--
            (1) by striking ``(3) in lieu of'' and inserting the 
        following:
            ``(3) Provision of funds or conveyance of real property 
        interest.--
                    ``(A) In general.--In lieu of'';
            (2) in the second sentence, by striking ``The Secretary 
        shall'' and inserting the following:
                    ``(B) Determination.--The Secretary shall''; and
            (3) by striking the third sentence and inserting the 
        following:
                    ``(C) Real property.--Any real property interest 
                conveyed under this paragraph shall be subject to terms 
                and conditions that ensure that--
                            ``(i) the real property interest will be 
                        administered for the long-term conservation and 
                        management of the wetland ecosystem and the 
                        fish and wildlife dependent on that ecosystem;
                            ``(ii) the grantor of a real property 
                        interest has been provided with information 
                        relating to all available conservation options, 
                        including conservation options that involve the 
                        conveyance of a real property interest for a 
                        limited period of time; and
                            ``(iii) the provision of the information 
                        described in clause (ii) has been 
                        documented.''.
    (b) Authorization of Appropriations.--Section 7(c) of the North 
American Wetlands Conservation Act (16 U.S.C. 4406(c)) is amended--
            (1) in paragraph (4), by striking ``and'';
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) $50,000,000 for each of fiscal years 2018 through 
        2022.''.

SEC. 5. 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) In general.--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 2018 through 
        2022--
                    ``(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. 6. REAUTHORIZATION OF NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT.

    Section 10 of the Neotropical Migratory Bird Conservation Act (16 
U.S.C. 6109) is amended to read as follows:

``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry 
out this Act $6,500,000 for each of fiscal years 2018 through 2022.
    ``(b) Use of Funds.--Of the amounts made available under subsection 
(a) for each fiscal year, not less than 75 percent shall be expended 
for projects carried out at a location outside of the United States.''.

SEC. 7. REISSUANCE OF FINAL RULE REGARDING GRAY WOLVES IN WESTERN GREAT 
              LAKES.

    Before the end of the 60-day period beginning on the date of 
enactment of this Act, the Secretary of the Interior shall reissue the 
final rule published on December 28, 2011 (76 Fed. Reg. 81666), without 
regard to any other provision of statute or regulation that applies to 
issuance of such rule. Such reissuance shall not be subject to judicial 
review.

SEC. 8. REISSUANCE OF FINAL RULE REGARDING GRAY WOLVES IN WYOMING.

    The final rule published on September 10, 2012 (77 Fed. Reg. 55530) 
that was reinstated on March 3, 2017, by the decision of the U.S. Court 
of Appeals for the District of Columbia (No. 14-5300) and further 
republished on May 1, 2017 (82 Fed. Reg. 20284-85) that reinstates the 
removal of Federal protections for the gray wolf in Wyoming under the 
Endangered Species Act of 1973, as amended, shall not be subject to 
judicial review.

SEC. 9. MODIFICATION OF DEFINITION OF SPORT FISHING EQUIPMENT UNDER 
              TOXIC SUBSTANCES CONTROL ACT.

    Section 3(2)(B) of the Toxic Substances Control Act (15 U.S.C. 
2602(2)(B)) is amended--
            (1) in clause (v), by striking ``and'' at the end;
            (2) in clause (vi) by striking the period at the end and 
        inserting ``, and''; and
            (3) by inserting after clause (vi) the following:
            ``(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. 10. 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 is authorized to be 
appropriated to carry out this section $90,000,000 for each of fiscal 
years 2018 through 2022.''.

SEC. 11. REAUTHORIZATION OF CHESAPEAKE BAY INITIATIVE ACT OF 1998.

    Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (Public 
Law 105-312; 112 Stat. 2963; 129 Stat. 2579) is amended by striking 
``2017'' and inserting ``2023''.

SEC. 12. NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS.

    (a) Purpose.--The purpose of this section is to encourage 
partnerships among public agencies and other interested parties to 
promote fish conservation--
            (1) 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--
                    (A) improving ecological conditions;
                    (B) restoring natural processes; or
                    (C) preventing the decline of intact and healthy 
                systems;
            (2) to establish a consensus set of national conservation 
        strategies as a framework to guide future actions and 
        investment by Fish Habitat Partnerships;
            (3) to broaden the community of support for fish habitat 
        conservation by--
                    (A) increasing fishing opportunities;
                    (B) fostering the participation of local 
                communities, especially young people in local 
                communities, in conservation activities; and
                    (C) raising public awareness of the role healthy 
                fish habitat play in the quality of life and economic 
                well-being of local communities;
            (4) to fill gaps in the National Fish Habitat Assessment 
        and the associated database of the National Fish Habitat 
        Assessment--
                    (A) to empower strategic conservation actions 
                supported by broadly available scientific information; 
                and
                    (B) to integrate socioeconomic data in the analysis 
                to improve the lives of humans in a manner consistent 
                with fish habitat conservation goals; and
            (5) to communicate to the public and conservation 
        partners--
                    (A) the conservation outcomes produced collectively 
                by Fish Habitat Partnerships; and
                    (B) new opportunities and voluntary approaches for 
                conserving fish habitat.
    (b) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation and the Committee on Environment and 
                Public Works of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Board.--The term ``Board'' means the National Fish 
        Habitat Board established by subsection (c)(1)(A).
            (3) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (4) Epa assistant administrator.--The term ``EPA Assistant 
        Administrator'' means the Assistant Administrator for Water of 
        the Environmental Protection Agency.
            (5) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (6) NOAA assistant administrator.--The term ``NOAA 
        Assistant Administrator'' means the Assistant Administrator for 
        Fisheries of the National Oceanic and Atmospheric 
        Administration.
            (7) Partnership.--The term ``Partnership'' means a self-
        governed entity designated by Congress as a Fish Habitat 
        Partnership under subsection (d)(6) after a recommendation by 
        the Board under subsection (d)(1).
            (8) Real property interest.--The term ``real property 
        interest'' means an ownership interest in--
                    (A) land; or
                    (B) water (including water rights).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (10) State.--The term ``State'' means each of the several 
        States.
            (11) State agency.--The term ``State agency'' means--
                    (A) the fish and wildlife agency of a State; and
                    (B) any department or division of a department or 
                agency of a State that manages in the public trust the 
                inland or marine fishery resources or sustains the 
                habitat for those fishery resources of the State 
                pursuant to State law or the constitution of the State.
    (c) National Fish Habitat Board.--
            (1) Establishment.--
                    (A) Fish habitat board.--There is established a 
                board, to be known as the ``National Fish Habitat 
                Board'', whose duties are--
                            (i) to promote, oversee, and coordinate the 
                        implementation of this section;
                            (ii) to establish national goals and 
                        priorities for fish habitat conservation;
                            (iii) to recommend to Congress entities for 
                        designation as Partnerships; and
                            (iv) to review and make recommendations 
                        regarding fish habitat conservation projects.
                    (B) Membership.--The Board shall be composed of 25 
                members, of whom--
                            (i) 1 shall be a representative of the 
                        Department of the Interior;
                            (ii) 1 shall be a representative of the 
                        United States Geological Survey;
                            (iii) 1 shall be a representative of the 
                        Department of Commerce;
                            (iv) 1 shall be a representative of the 
                        Department of Agriculture;
                            (v) 1 shall be a representative of the 
                        Association of Fish and Wildlife Agencies;
                            (vi) 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;
                            (vii) 1 shall be a representative of 
                        either--
                                    (I) Indian tribes in the State of 
                                Alaska; or
                                    (II) Indian tribes in States other 
                                than the State of Alaska;
                            (viii) 1 shall be a representative of 
                        either--
                                    (I) the Regional Fishery Management 
                                Councils established under section 302 
                                of the Magnuson-Stevens Fishery 
                                Conservation and Management Act (16 
                                U.S.C. 1852); or
                                    (II) a representative of the Marine 
                                Fisheries Commissions, which is 
                                composed of--
                                            (aa) the Atlantic States 
                                        Marine Fisheries Commission;
                                            (bb) the Gulf States Marine 
                                        Fisheries Commission; and
                                            (cc) the Pacific States 
                                        Marine Fisheries Commission;
                            (ix) 1 shall be a representative of the 
                        Sportfishing and Boating Partnership Council;
                            (x) 7 shall be representatives selected 
                        from each of--
                                    (I) the recreational sportfishing 
                                industry;
                                    (II) the commercial fishing 
                                industry;
                                    (III) marine recreational anglers;
                                    (IV) freshwater recreational 
                                anglers;
                                    (V) habitat conservation 
                                organizations; and
                                    (VI) science-based fishery 
                                organizations;
                            (xi) 1 shall be a representative of a 
                        national private landowner organization;
                            (xii) 1 shall be a representative of an 
                        agricultural production organization;
                            (xiii) 1 shall be a representative of local 
                        government interests involved in fish habitat 
                        restoration;
                            (xiv) 2 shall be representatives from 
                        different sectors of corporate industries, 
                        which may include--
                                    (I) natural resource commodity 
                                interests, such as petroleum or mineral 
                                extraction;
                                    (II) natural resource user 
                                industries; and
                                    (III) industries with an interest 
                                in fish and fish habitat conservation; 
                                and
                            (xv) 1 shall be a leadership private sector 
                        or landowner representative of an active 
                        partnership.
                    (C) Compensation.--A member of the Board shall 
                serve without compensation.
                    (D) 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.
            (2) Appointment and terms.--
                    (A) In general.--Except as otherwise provided in 
                this subsection, a member of the Board described in any 
                of clauses (vi) through (xiv) of paragraph (1)(B) shall 
                serve for a term of 3 years.
                    (B) Initial board membership.--
                            (i) In general.--The initial Board will 
                        consist of representatives as described in 
                        clauses (i) through (vi) of paragraph (1)(B).
                            (ii) Remaining members.--Not later than 60 
                        days after the date of enactment of this Act, 
                        the representatives of the initial Board 
                        pursuant to clause (i) shall appoint the 
                        remaining members of the Board described in 
                        clauses (viii) through (xiv) of paragraph 
                        (1)(B).
                            (iii) 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 3 tribal 
                        representatives, from which the Board shall 
                        appoint 1 representative pursuant to clause 
                        (vii) of paragraph (1)(B).
                    (C) Transitional terms.--Of the members described 
                in paragraph (1)(B)(x) initially appointed to the 
                Board--
                            (i) 2 shall be appointed for a term of 1 
                        year;
                            (ii) 2 shall be appointed for a term of 2 
                        years; and
                            (iii) 3 shall be appointed for a term of 3 
                        years.
                    (D) Vacancies.--
                            (i) In general.--A vacancy of a member of 
                        the Board described in any of clauses (viii) 
                        through (xiv) of paragraph (1)(B) shall be 
                        filled by an appointment made by the remaining 
                        members of the Board.
                            (ii) Tribal representatives.--Following a 
                        vacancy of a member of the Board described in 
                        clause (vii) of paragraph (1)(B), the Secretary 
                        shall recommend to the Board a list of not 
                        fewer than 3 tribal representatives, from which 
                        the remaining members of the Board shall 
                        appoint a representative to fill the vacancy.
                    (E) 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.
                    (F) Removal.--If a member of the Board described in 
                any of clauses (viii) through (xiv) of paragraph (1)(B) 
                misses 3 consecutive regularly scheduled Board 
                meetings, the members of the Board may--
                            (i) vote to remove that member; and
                            (ii) appoint another individual in 
                        accordance with subparagraph (D).
            (3) Chairperson.--
                    (A) In general.--The representative of the 
                Association of Fish and Wildlife Agencies appointed 
                pursuant to paragraph (1)(B)(v) shall serve as 
                Chairperson of the Board.
                    (B) Term.--The Chairperson of the Board shall serve 
                for a term of 3 years.
            (4) Meetings.--
                    (A) In general.--The Board shall meet--
                            (i) at the call of the Chairperson; but
                            (ii) not less frequently than twice each 
                        calendar year.
                    (B) Public access.--All meetings of the Board shall 
                be open to the public.
            (5) Procedures.--
                    (A) In general.--The Board shall establish 
                procedures to carry out the business of the Board, 
                including--
                            (i) a requirement that a quorum of the 
                        members of the Board be present to transact 
                        business;
                            (ii) a requirement that no recommendations 
                        may be adopted by the Board, except by the vote 
                        of \2/3\ of all members;
                            (iii) procedures for establishing national 
                        goals and priorities for fish habitat 
                        conservation for the purposes of this section;
                            (iv) procedures for designating 
                        Partnerships under subsection (d); and
                            (v) procedures for reviewing, evaluating, 
                        and making recommendations regarding fish 
                        habitat conservation projects.
                    (B) Quorum.--A majority of the members of the Board 
                shall constitute a quorum.
    (d) Fish Habitat Partnerships.--
            (1) Authority to recommend.--The Board may recommend to 
        Congress the designation of Fish Habitat Partnerships in 
        accordance with this subsection.
            (2) Purposes.--The purposes of a Partnership shall be--
                    (A) to work with other regional habitat 
                conservation programs to promote cooperation and 
                coordination to enhance fish and fish habitats;
                    (B) to engage local and regional communities to 
                build support for fish habitat conservation;
                    (C) to involve diverse groups of public and private 
                partners;
                    (D) to develop collaboratively a strategic vision 
                and achievable implementation plan that is 
                scientifically sound;
                    (E) to leverage funding from sources that support 
                local and regional partnerships;
                    (F) to use adaptive management principles, 
                including evaluation of project success and 
                functionality;
                    (G) to develop appropriate local or regional 
                habitat evaluation and assessment measures and criteria 
                that are compatible with national habitat condition 
                measures; and
                    (H) to implement local and regional priority 
                projects that improve conditions for fish and fish 
                habitat.
            (3) Criteria for designation.--An entity seeking to be 
        designated by Congress as a Partnership shall--
                    (A) submit to the Board an application at such 
                time, in such manner, and containing such information 
                as the Board may reasonably require; and
                    (B) demonstrate to the Board that the entity has--
                            (i) a focus on promoting the health of 
                        important fish and fish habitats;
                            (ii) 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;
                            (iii) a self-governance structure that 
                        supports the implementation of strategic 
                        priorities for fish habitat;
                            (iv) the ability to develop local and 
                        regional relationships with a broad range of 
                        entities to further strategic priorities for 
                        fish and fish habitat;
                            (v) 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;
                            (vi) the ability to develop and implement 
                        fish habitat conservation projects that address 
                        strategic priorities of the Partnership and the 
                        Board; and
                            (vii) 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.
            (4) Requirements for recommendation to congress.--The Board 
        may recommend to Congress for designation an application for a 
        Partnership submitted under paragraph (3)(A) if the Board 
        determines that the applicant--
                    (A) meets the criteria described in paragraph 
                (3)(B);
                    (B) 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;
                    (C) is organized to promote the health of important 
                fish species and important fish habitats, including 
                reservoirs, natural lakes, coastal and marine 
                environments, and estuaries;
                    (D) 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 
                decisionmaking;
                    (E) is able to address issues and priorities on a 
                nationally significant scale;
                    (F) includes a governance structure that--
                            (i) reflects the range of all partners; and
                            (ii) promotes joint strategic planning and 
                        decisionmaking by the applicant;
                    (G) demonstrates completion of, or significant 
                progress toward the development of, a strategic plan to 
                address the decline in fish populations, rather than 
                simply treating symptoms, in accordance with the goals 
                and national priorities established by the Board; and
                    (H) promotes collaboration in developing a 
                strategic vision and implementation program that is 
                scientifically sound and achievable.
            (5) Report to congress.--
                    (A) 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--
                            (i) identifies any entity that--
                                    (I) meets the requirements 
                                described in paragraph (4); and
                                    (II) the Board recommends for 
                                designation as a Partnership;
                            (ii) describes any proposed modifications 
                        to a Partnership previously designated by 
                        Congress under paragraph (6);
                            (iii) with respect to each entity 
                        recommended for designation as a Partnership, 
                        describes, to the maximum extent practicable--
                                    (I) the purpose of the recommended 
                                Partnership; and
                                    (II) how the recommended 
                                Partnership fulfills the requirements 
                                described in paragraph (4).
                    (B) Public availability; notification.--The Board 
                shall--
                            (i) make the report publicly available, 
                        including on the Internet; and
                            (ii) 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.
            (6) Designation or modification of partnership.--Congress 
        shall have the sole authority to designate or modify a 
        Partnership.
            (7) Existing partnerships.--
                    (A) Designation review.--Not later than 5 years 
                after the date of enactment of this Act, any fish 
                habitat 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 
                paragraph (6).
                    (B) Ineligibility for federal funds.--A partnership 
                referred to in subparagraph (A) that Congress does not 
                designate as described in that subparagraph shall be 
                ineligible to receive Federal funds under this section.
    (e) Fish Habitat Conservation Projects.--
            (1) Submission to board.--Not later than March 31 of each 
        calendar 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 section.
            (2) Recommendations by board.--Not later than July 1 of 
        each calendar year, the Board shall submit to the Secretary a 
        priority list of fish habitat conservation projects that 
        includes the description, including estimated costs, of each 
        project that the Board recommends that the Secretary approve 
        and fund under this section for the following fiscal year.
            (3) Criteria for project selection.--The Board shall select 
        each fish habitat conservation project to be recommended to the 
        Secretary under paragraph (2) after taking into consideration, 
        at a minimum, the following information:
                    (A) A recommendation of the Partnership that is, or 
                will be, participating actively in implementing the 
                fish habitat conservation project.
                    (B) The capabilities and experience of project 
                proponents to implement successfully the proposed 
                project.
                    (C) The extent to which the fish habitat 
                conservation project --
                            (i) 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 section;
                            (ii) addresses the national priorities 
                        established by the Board;
                            (iii) is supported by the findings of the 
                        Habitat Assessment of the Partnership or the 
                        Board, and aligns or is compatible with other 
                        conservation plans;
                            (iv) identifies appropriate monitoring and 
                        evaluation measures and criteria that are 
                        compatible with national measures;
                            (v) provides a well-defined budget linked 
                        to deliverables and outcomes;
                            (vi) leverages other funds to implement the 
                        project;
                            (vii) addresses the causes and processes 
                        behind the decline of fish or fish habitats; 
                        and
                            (viii) includes an outreach or education 
                        component that includes the local or regional 
                        community.
                    (D) The availability of sufficient non-Federal 
                funds to match Federal contributions for the fish 
                habitat conservation project, as required by paragraph 
                (5);
                    (E) The extent to which the local or regional fish 
                habitat conservation project--
                            (i) will increase fish populations in a 
                        manner that leads to recreational fishing 
                        opportunities for the public;
                            (ii) will be carried out through a 
                        cooperative agreement among Federal, State, and 
                        local governments, Indian tribes, and private 
                        entities;
                            (iii) increases public access to land or 
                        water for fish and wildlife-dependent 
                        recreational opportunities;
                            (iv) advances the conservation of fish and 
                        wildlife species that have been identified by 
                        the States as species of greatest conservation 
                        need;
                            (v) 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
                            (vi) promotes strong and healthy fish 
                        habitats so that desired biological communities 
                        are able to persist and adapt.
                    (F) The substantiality of the character and design 
                of the fish habitat conservation project.
            (4) Limitations.--
                    (A) Requirements for evaluation.--No fish habitat 
                conservation project may be recommended by the Board 
                under paragraph (2) or provided financial assistance 
                under this section unless the fish habitat conservation 
                project includes an evaluation plan designed using 
                applicable Board guidance--
                            (i) to appropriately assess the biological, 
                        ecological, or other results of the habitat 
                        protection, restoration, or enhancement 
                        activities carried out using the assistance;
                            (ii) 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;
                            (iii) 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
                            (iv) to require the submission to the Board 
                        of a report describing the findings of the 
                        assessment.
                    (B) Acquisition authorities.--
                            (i) 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 
                        section if the acquisition ensures 1 of--
                                    (I) public access for compatible 
                                fish and wildlife-dependent recreation; 
                                or
                                    (II) a scientifically based, direct 
                                enhancement to the health of fish and 
                                fish populations, as determined by the 
                                Board.
                            (ii) State agency approval.--
                                    (I) In general.--All real property 
                                interest acquisition projects funded 
                                under this section are required to be 
                                approved by the State agency in the 
                                State in which the project is 
                                occurring.
                                    (II) 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.
                            (iii) Assessment of other authorities.--The 
                        Fish Habitat Partnership shall conduct 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.
                            (iv) 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, 
                        unless--
                                    (I) the owner of the real property 
                                authorizes the State, local government, 
                                or other non-Federal entity to acquire 
                                the real property; and
                                    (II) the Secretary and the Board 
                                determine that the State, local 
                                government, or other non-Federal entity 
                                would benefit from undertaking the 
                                management of the real property being 
                                acquired because that is in accordance 
                                with the goals of a partnership.
            (5) Non-federal contributions.--
                    (A) In general.--Except as provided in subparagraph 
                (B), no fish habitat conservation project may be 
                recommended by the Board under paragraph (2) or 
                provided financial assistance under this section unless 
                at least 50 percent of the cost of the fish habitat 
                conservation project will be funded with non-Federal 
                funds.
                    (B) Non-federal share.--The non-Federal share of 
                the cost of a fish habitat conservation project--
                            (i) may not be derived from another Federal 
                        grant program; but
                            (ii) may include in-kind contributions and 
                        cash.
                    (C) Special rule for indian tribes.--
                Notwithstanding subparagraph (A) or any other provision 
                of law, any funds made available to an Indian tribe 
                pursuant to this section may be considered to be non-
                Federal funds for the purpose of subparagraph (A).
            (6) Approval.--
                    (A) In general.--Not later than 90 days after the 
                date of receipt of the recommended priority list of 
                fish habitat conservation projects under paragraph (2), 
                subject to the limitations of paragraph (4), and based, 
                to the maximum extent practicable, on the criteria 
                described in paragraph (3), 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.
                    (B) Funding.--If the Secretary approves a fish 
                habitat conservation project under subparagraph (A), 
                the Secretary shall use amounts made available to carry 
                out this section to provide funds to carry out the fish 
                habitat conservation project.
                    (C) Notification.--If the Secretary rejects any 
                fish habitat conservation project recommended by the 
                Board under paragraph (2), not later than 180 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.
    (f) Technical and Scientific Assistance.--
            (1) In general.--The Director, the NOAA Assistant 
        Administrator, the EPA 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 the Partnerships, participants in fish 
        habitat conservation projects, and the Board.
            (2) Inclusions.--Scientific and technical assistance 
        provided pursuant to paragraph (1) may include--
                    (A) providing technical and scientific assistance 
                to States, Indian tribes, regions, local communities, 
                and nongovernmental organizations in the development 
                and implementation of Partnerships;
                    (B) providing technical and scientific assistance 
                to Partnerships for habitat assessment, strategic 
                planning, and prioritization;
                    (C) supporting the development and implementation 
                of fish habitat conservation projects that are 
                identified as high priorities by Partnerships and the 
                Board;
                    (D) supporting and providing recommendations 
                regarding the development of science-based monitoring 
                and assessment approaches for implementation through 
                Partnerships;
                    (E) supporting and providing recommendations for a 
                national fish habitat assessment;
                    (F) ensuring the availability of experts to assist 
                in conducting scientifically based evaluation and 
                reporting of the results of fish habitat conservation 
                projects; and
                    (G) providing resources to secure state agency 
                scientific and technical assistance to support 
                Partnerships, participants in fish habitat conservation 
                projects, and the Board.
    (g) Coordination With States and Indian Tribes.--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 section, including notification, by not later than 30 
days before the date on which the activity is implemented.
    (h) Interagency Operational Plan.--Not later than 1 year after the 
date of enactment of this Act, and every 5 years thereafter, the 
Director, in cooperation with the NOAA Assistant Administrator, the EPA 
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--
            (1) the functional, operational, technical, scientific, and 
        general staff, administrative, and material needs for the 
        implementation of this section; and
            (2) any interagency agreements between or among Federal 
        departments and agencies to address those needs.
    (i) Accountability and Reporting.--
            (1) Reporting.--
                    (A) 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 section.
                    (B) Contents.--Each report submitted under 
                subparagraph (A) shall include--
                            (i) 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 of Federal, State, 
                        or local governments, Indian tribes, or other 
                        entities in the United States during the 5-year 
                        period ending on the date of submission of the 
                        report;
                            (ii) a description of the public access to 
                        fish habitats established or improved during 
                        that 5-year period;
                            (iii) a description of the improved 
                        opportunities for public recreational fishing; 
                        and
                            (iv) an assessment of the status of fish 
                        habitat conservation projects carried out with 
                        funds provided under this section during that 
                        period, disaggregated by year, including--
                                    (I) a description of the fish 
                                habitat conservation projects 
                                recommended by the Board under 
                                subsection (e)(2);
                                    (II) a description of each fish 
                                habitat conservation project approved 
                                by the Secretary under subsection 
                                (e)(6), in order of priority for 
                                funding;
                                    (III) a justification for--
                                            (aa) the approval of each 
                                        fish habitat conservation 
                                        project; and
                                            (bb) the order of priority 
                                        for funding of each fish 
                                        habitat conservation project;
                                    (IV) a justification for any 
                                rejection of a fish habitat 
                                conservation project recommended by the 
                                Board under subsection (e)(2) that was 
                                based on a factor other than the 
                                criteria described in subsection 
                                (e)(3); and
                                    (V) an accounting of expenditures 
                                by Federal, State, or local 
                                governments, Indian tribes, or other 
                                entities to carry out fish habitat 
                                conservation projects.
            (2) Status and trends report.--Not later than December 31, 
        2018, and every 5 years thereafter, the Board shall submit to 
        the appropriate congressional committees a report that 
        includes--
                    (A) a status of all Partnerships designated under 
                this section;
                    (B) a description of the status of fish habitats in 
                the United States as identified by established 
                Partnerships; and
                    (C) enhancements or reductions in public access as 
                a result of--
                            (i) the activities of the Partnerships; or
                            (ii) any other activities carried out 
                        pursuant to this section.
    (j) Effect of Section.--
            (1) Water rights.--Nothing in this section--
                    (A) establishes any express or implied reserved 
                water right in the United States for any purpose;
                    (B) affects any water right in existence on the 
                date of enactment of this Act;
                    (C) preempts or affects any State water law or 
                interstate compact governing water; or
                    (D) affects any Federal or State law in existence 
                on the date of enactment of the Act regarding water 
                quality or water quantity.
            (2) Authority to acquire water rights or rights to 
        property.--Under this section, only a State, local government, 
        or other non-Federal entity may acquire, under State law, water 
        rights or rights to property.
            (3) State authority.--Nothing in this section--
                    (A) 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
                    (B) authorizes the Secretary to control or regulate 
                within a State the fishing or hunting of fish and 
                wildlife.
            (4) Effect on indian tribes.--Nothing in this section 
        abrogates, abridges, affects, modifies, supersedes, or alters 
        any right of an Indian tribe recognized by treaty or any other 
        means, including--
                    (A) an agreement between the Indian tribe and the 
                United States;
                    (B) Federal law (including regulations);
                    (C) an Executive order; or
                    (D) a judicial decree.
            (5) Adjudication of water rights.--Nothing in this section 
        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 Department of 
        Justice Appropriation Act, 1953 (43 U.S.C. 666).
            (6) Department of commerce authority.--Nothing in this 
        section 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.).
            (7) Effect on other authorities.--
                    (A) Private property protection.--Nothing in this 
                section permits the use of funds made available to 
                carry out this section to acquire real property or a 
                real property interest without the written consent of 
                each owner of the real property or real property 
                interest.
                    (B) Mitigation.--Nothing in this section permits 
                the use of funds made available to carry out this 
                section for fish and wildlife mitigation purposes 
                under--
                            (i) the Federal Water Pollution Control Act 
                        (33 U.S.C. 1251 et seq.);
                            (ii) the Fish and Wildlife Coordination Act 
                        (16 U.S.C. 661 et seq.);
                            (iii) the Water Resources Development Act 
                        of 1986 (Public Law 99-662; 100 Stat. 4082); or
                            (iv) any other Federal law or court 
                        settlement.
                    (C) Clean water act.--Nothing in this section 
                affects any provision of the Federal Water Pollution 
                Control Act (33 U.S.C. 1251 et seq.), including any 
                definition in that Act.
    (k) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to--
            (1) the Board; or
            (2) any Partnership.
    (l) Funding.--
            (1) Authorization of appropriations.--
                    (A) Fish habitat conservation projects.--There is 
                authorized to be appropriated to the Secretary 
                $7,200,000 for each of fiscal years 2018 through 2022 
                to provide funds for fish habitat conservation projects 
                approved under subsection (e)(6), of which 5 percent 
                shall be made available for each fiscal year for 
                projects carried out by Indian tribes.
                    (B) Administrative and planning expenses.--There is 
                authorized to be appropriated to the Secretary for each 
                of fiscal years 2018 through 2022 an amount equal to 5 
                percent of the amount appropriated for the applicable 
                fiscal year pursuant to subparagraph (A)--
                            (i) for administrative and planning 
                        expenses; and
                            (ii) to carry out subsection (i).
                    (C) Technical and scientific assistance.--There is 
                authorized to be appropriated for each of fiscal years 
                2018 through 2022 to carry out, and provide technical 
                and scientific assistance under, subsection (f)--
                            (i) $500,000 to the Secretary for use by 
                        the United States Fish and Wildlife Service;
                            (ii) $500,000 to the NOAA Assistant 
                        Administrator for use by the National Oceanic 
                        and Atmospheric Administration;
                            (iii) $500,000 to the EPA Assistant 
                        Administrator for use by the Environmental 
                        Protection Agency; and
                            (iv) $500,000 to the Secretary for use by 
                        the United States Geological Survey.
            (2) Agreements and grants.--The Secretary may--
                    (A) 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 for a fish habitat 
                conservation project or restoration or enhancement 
                project;
                    (B) apply for, accept, and use a grant from any 
                individual or entity to carry out the purposes of this 
                section; and
                    (C) make funds 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 
                section.
            (3) Donations.--
                    (A) In general.--The Secretary may--
                            (i) 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 section; and
                            (ii) accept donations of funds, property, 
                        and services to carry out the purposes of this 
                        section.
                    (B) Treatment.--A donation accepted under this 
                section--
                            (i) shall be considered to be a gift or 
                        bequest to, or otherwise for the use of, the 
                        United States; and
                            (ii) may be--
                                    (I) used directly by the Secretary; 
                                or
                                    (II) provided to another Federal 
                                department or agency through an 
                                interagency agreement.
    (m) Prohibition Against Implementation of Regulatory Authority by 
Federal Agencies .--Any Partnership designated under this section--
            (1) shall be for the sole purpose of promoting fish 
        conservation; and
            (2) shall not be used to implement any regulatory authority 
        of any Federal agency.

SEC. 13. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES TAKEN IN SPORT 
              HUNTS IN CANADA.

    Section 104(c)(5)(D) of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1374(c)(5)(D)) is amended to read as follows:
            ``(D)(i) The Secretary of the Interior shall, expeditiously 
        after the expiration of the applicable 30-day period under 
        subsection (d)(2), issue a permit for the importation of any 
        polar bear part (other than an internal organ) from a polar 
        bear taken in a sport hunt in Canada to any person--
                    ``(I) who submits, with the permit application, 
                proof that the polar bear was legally harvested by the 
                person before February 18, 1997; or
                    ``(II) who has submitted, in support of a permit 
                application submitted before May 15, 2008, proof that 
                the polar bear was legally harvested by the person 
                before May 15, 2008, from a polar bear population from 
                which a sport-hunted trophy could be imported before 
                that date in accordance with section 18.30(i) of title 
                50, Code of Federal Regulations.
            ``(ii) The Secretary shall issue permits under clause 
        (i)(I) without regard to subparagraphs (A) and (C)(ii) of this 
        paragraph, subsection (d)(3), and sections 101 and 102. 
        Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the 
        importation of any polar bear part authorized by a permit 
        issued under clause (i)(I). This clause shall not apply to 
        polar bear parts that were imported before June 12, 1997.
            ``(iii) The Secretary shall issue permits under clause 
        (i)(II) without regard to subparagraph (C)(ii) of this 
        paragraph or subsection (d)(3). Sections 101(a)(3)(B) and 
        102(b)(3) shall not apply to the importation of any polar bear 
        part authorized by a permit issued under clause (i)(II). This 
        clause shall not apply to polar bear parts that were imported 
        before the date of enactment of the Hunting Heritage and 
        Environmental Legacy Preservation for Wildlife Act.''.

SEC. 14. GREAT LAKES MONITORING, ASSESSMENT, SCIENCE, AND RESEARCH.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        the United States Geological Survey.
            (2) 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.
    (b) Findings.--Congress finds the following:
            (1) The Great Lakes support a diverse ecosystem, on which 
        the vibrant and economically valuable Great Lakes fisheries 
        depend.
            (2) 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.
            (3) Fisheries research is necessary to support multi-
        jurisdictional fishery management decisions and actions 
        regarding recreational and sport fishing, commercial fisheries, 
        tribal harvest, allocation decisions, and fish stocking 
        activities.
            (4) President Richard Nixon submitted, and the Congress 
        approved, Reorganization Plan No. 4 (84 Stat. 2090), conferring 
        science activities and management of marine fisheries to the 
        National Oceanic and Atmospheric Administration.
            (5) 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.
    (c) Monitoring, Assessment, Science, and Research.--
            (1) In general.--The Director may conduct monitoring, 
        assessment, science, and research, in support of the binational 
        fisheries within the Great Lakes Basin.
            (2) Specific authorities.--The Director shall, under 
        paragraph (1)--
                    (A) execute a comprehensive, multi-lake, freshwater 
                fisheries science program;
                    (B) coordinate with and work cooperatively with 
                regional, State, tribal, and local governments; and
                    (C) consult with other interested entities groups, 
                including academia and relevant Canadian agencies.
            (3) Included research.--To properly serve the needs of 
        fisheries managers, monitoring, assessment, science, and 
        research under this section may include--
                    (A) deepwater ecosystem sciences;
                    (B) biological and food-web components;
                    (C) fish movement and behavior investigations;
                    (D) fish population structures;
                    (E) fish habitat investigations;
                    (F) invasive species science;
                    (G) use of existing, new, and experimental 
                biological assessment tools, equipment, vessels, other 
                scientific instrumentation and laboratory capabilities 
                necessary to support fishery management decisions; and
                    (H) studies to assess impacts on Great Lakes 
                Fishery resources.
            (4) 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.).
    (d) Authorization of Appropriations.--For each of fiscal years 2018 
through 2022, there is authorized to be appropriated $15,000,000 to 
carry out this section.

SEC. 15. USE OF VALUE OF LAND FOR COST SHARING.

    The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et 
seq.) is amended--
            (1) by redesignating section 13 as section 14; and
            (2) by inserting after section 12 the following:

``SEC. 13. VALUE OF LAND.

    ``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.''.
                                                       Calendar No. 237

115th CONGRESS

  1st Session

                                S. 1514

                          [Report No. 115-168]

_______________________________________________________________________

                                 A BILL

    To amend certain Acts to reauthorize those Acts and to increase 
           protections for wildlife, and for other purposes.

_______________________________________________________________________

                            October 5, 2017

                       Reported with an amendment