[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3051 Enrolled Bill (ENR)]
S.3051
One Hundred Sixteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty
An Act
To improve 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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``America's
Conservation Enhancement Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION
Sec. 101. Theodore Roosevelt Genius Prize for reducing human-predator
conflict.
Sec. 102. Losses of livestock due to depredation by federally protected
species.
Sec. 103. Depredation permits for black vultures and common ravens.
Sec. 104. Chronic Wasting Disease Task Force.
Sec. 105. Invasive species.
Sec. 106. North American Wetlands Conservation Act.
Sec. 107. National Fish and Wildlife Foundation Establishment Act.
Sec. 108. Modification of definition of sport fishing equipment under
Toxic Substances Control Act.
Sec. 109. Reauthorization of Chesapeake Bay Program.
Sec. 110. Reauthorization of Chesapeake Bay Initiative Act of 1998.
Sec. 111. Chesapeake watershed investments for landscape defense.
TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS
Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. National Fish Habitat Board.
Sec. 204. Fish Habitat Partnerships.
Sec. 205. Fish Habitat Conservation Projects.
Sec. 206. Technical and scientific assistance.
Sec. 207. Coordination with States and Indian Tribes.
Sec. 208. Interagency Operational Plan.
Sec. 209. Accountability and reporting.
Sec. 210. Effect of this title.
Sec. 211. Nonapplicability of Federal Advisory Committee Act.
Sec. 212. Funding.
Sec. 213. Prohibition against implementation of regulatory authority by
Federal agencies through Partnerships.
TITLE III--MISCELLANEOUS
Sec. 301. Study to review conservation factors.
Sec. 302. Study and report on expenditures.
Sec. 303. Use of value of land for cost sharing.
TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION
SEC. 101. THEODORE ROOSEVELT GENIUS PRIZE FOR REDUCING HUMAN-
PREDATOR CONFLICT.
(a) In General.--Section 7001(d) of the John D. Dingell, Jr.
Conservation, Management, and Recreation Act (16 U.S.C. 742b note;
Public Law 116-9) is amended--
(1) by striking ``paragraph (7)(A)'' each place such term
appears and inserting ``paragraph (8)(A)'';
(2) by striking ``paragraph (7)(B)'' each place such term
appears and inserting ``paragraph (8)(B)'';
(3) in paragraph (6)(C)(iv), by striking ``subparagraph (C)''
and inserting ``clause (iii)'';
(4) by redesignating paragraph (7) as paragraph (8);
(5) by inserting after paragraph (6) the following:
``(7) Theodore roosevelt genius prize for reducing human-
predator conflict.--
``(A) Definitions.--In this paragraph:
``(i) Board.--The term `Board' means the Reducing
Human-Predator Conflict Technology Advisory Board
established by subparagraph (C)(i).
``(ii) Prize competition.--The term `prize competition'
means the Theodore Roosevelt Genius Prize for reducing
human-predator conflict established under subparagraph (B).
``(B) Authority.--Not later than 180 days after the date of
enactment of the America's Conservation Enhancement Act, the
Secretary shall establish under section 24 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) a
prize competition, to be known as the `Theodore Roosevelt
Genius Prize for reducing human-predator conflict'--
``(i) to encourage technological innovation with the
potential to advance the mission of the United States Fish
and Wildlife Service with respect to reducing the frequency
of human-predator conflict using nonlethal means; and
``(ii) to award 1 or more prizes annually for a
technological advancement that promotes reducing human-
predator conflict using nonlethal means, which may include
the application and monitoring of tagging technologies.
``(C) Advisory board.--
``(i) Establishment.--There is established an advisory
board, to be known as the `Reducing Human-Predator Conflict
Technology Advisory Board'.
``(ii) Composition.--The Board shall be composed of not
fewer than 9 members appointed by the Secretary, who shall
provide expertise in--
``(I) predator-human interactions;
``(II) the habitats of large predators;
``(III) biology;
``(IV) technology development;
``(V) engineering;
``(VI) economics;
``(VII) business development and management; and
``(VIII) any other discipline, as the Secretary
determines to be necessary to achieve the purposes of
this paragraph.
``(iii) Duties.--Subject to clause (iv), with respect
to the prize competition, the Board shall--
``(I) select a topic;
``(II) issue a problem statement;
``(III) advise the Secretary regarding any
opportunity for technological innovation to reduce
human-predator conflict using nonlethal means; and
``(IV) advise winners of the prize competition
regarding opportunities to pilot and implement winning
technologies in relevant fields, including in
partnership with conservation organizations, Federal or
State agencies, federally recognized Indian Tribes,
private entities, and research institutions with
expertise or interest relating to reducing human-
predator conflict using nonlethal means.
``(iv) Consultation.--In selecting a topic and issuing
a problem statement for the prize competition under
subclauses (I) and (II) of clause (iii), respectively, the
Board shall consult widely with Federal and non-Federal
stakeholders, including--
``(I) 1 or more Federal agencies with jurisdiction
over the management of native wildlife species at risk
due to conflict with human activities;
``(II) 1 or more State agencies with jurisdiction
over the management of native wildlife species at risk
due to conflict with human activities;
``(III) 1 or more State, regional, or local
wildlife organizations, the mission of which relates to
the management of native wildlife species at risk due
to conflict with human activities; and
``(IV) 1 or more wildlife conservation groups,
technology companies, research institutions,
institutions of higher education, industry
associations, or individual stakeholders with an
interest in the management of native wildlife species
at risk due to conflict with human activities.
``(v) Requirements.--The Board shall comply with all
requirements under paragraph (8)(A).
``(D) Agreement with national fish and wildlife
foundation.--
``(i) In general.--The Secretary shall offer to enter
into an agreement under which the National Fish and
Wildlife Foundation shall administer the prize competition.
``(ii) Requirements.--An agreement entered into under
clause (i) shall comply with all requirements under
paragraph (8)(B).
``(E) Judges.--
``(i) Appointment.--The Secretary shall appoint not
fewer than 3 judges who shall, except as provided in clause
(ii), select the 1 or more annual winners of the prize
competition.
``(ii) Determination by secretary.--The judges
appointed under clause (i) shall not select any annual
winner of the prize competition if the Secretary makes a
determination that, in any fiscal year, none of the
technological advancements entered into the prize
competition merits an award.
``(F) Consultation with national oceanic and atmospheric
administration.--The Secretary shall consult with the Secretary
of Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration, in the case of a cash
prize awarded under the prize competition for a technology that
addresses conflict between humans and marine predators under
the jurisdiction of the Secretary of Commerce, acting through
the Administrator of the National Oceanic and Atmospheric
Administration.
``(G) Report to congress.--Not later than 60 days after the
date on which a cash prize is awarded under this paragraph, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Natural
Resources of the House of Representatives a report on the prize
competition that includes--
``(i) a statement by the Board that describes the
activities carried out by the Board relating to the duties
described in subparagraph (C)(iii);
``(ii) if the Secretary has entered into an agreement
under subparagraph (D)(i), a statement by the National Fish
and Wildlife Foundation that describes the activities
carried out by the National Fish and Wildlife Foundation
relating to the duties described in paragraph (8)(B); and
``(iii) a statement by 1 or more of the judges
appointed under subparagraph (E) that explains the basis on
which the winner of the cash prize was selected.
``(H) Termination of authority.--The Board and all
authority provided under this paragraph shall terminate on
December 31, 2023.''; and
(6) in paragraph (8) (as redesignated)--
(A) in subparagraph (A), by striking ``or (6)(C)(i)'' and
inserting ``(6)(C)(i), or (7)(C)(i)''; and
(B) in subparagraph (B)--
(i) by striking ``or (6)(D)(i)'' and inserting
``(6)(D)(i), or (7)(D)(i)''; and
(ii) in clause (i)(VII), by striking ``and (6)(E)'' and
inserting ``(6)(E), and (7)(E)''.
(b) Sense of Congress.--It is the sense of Congress that data
collected from the tagging of predators can inform innovative
management of those predators and innovative education activities to
minimize human-predator conflict.
SEC. 102. LOSSES OF LIVESTOCK DUE TO DEPREDATION BY FEDERALLY
PROTECTED SPECIES.
(a) Definitions.--In this section:
(1) Depredation.--
(A) In general.--The term ``depredation'' means actual
death, injury, or destruction of livestock that is caused by a
federally protected species.
(B) Exclusions.--The term ``depredation'' does not include
damage to real or personal property other than livestock,
including--
(i) damage to--
(I) other animals;
(II) vegetation;
(III) motor vehicles; or
(IV) structures;
(ii) diseases;
(iii) lost profits; or
(iv) consequential damages.
(2) Federally protected species.--The term ``federally
protected species'' means a species that is or previously was
protected under--
(A) the Act of June 8, 1940 (commonly known as the ``Bald
and Golden Eagle Protection Act'') (54 Stat. 250, chapter 278;
16 U.S.C. 668 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); or
(C) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.).
(3) Indian tribe.--The term ``Indian Tribe'' has the meaning
given to the term ``Indian tribe'' in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Livestock.--
(A) In general.--The term ``livestock'' means horses, mules
and asses, rabbits, llamas, cattle, bison, swine, sheep, goats,
poultry, bees, honey and beehives, or any other animal
generally used for food or in the production of food or fiber.
(B) Inclusion.--The term ``livestock'' includes guard
animals actively engaged in the protection of livestock
described in subparagraph (A).
(5) Program.--The term ``program'' means the grant program
established under subsection (b)(1).
(6) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service; and
(B) the Secretary of Agriculture, acting through the
Administrator of the Animal and Plant Health Inspection
Service.
(b) Grant Program for Losses of Livestock Due to Depredation by
Federally Protected Species.--
(1) In general.--The Secretaries shall establish a program to
provide grants to States and Indian Tribes to supplement amounts
provided by States, Indian Tribes, or State agencies under 1 or
more programs established by the States and Indian Tribes
(including programs established after the date of enactment of this
Act)--
(A) to assist livestock producers in carrying out--
(i) proactive and nonlethal activities to reduce the
risk of livestock loss due to depredation by federally
protected species occurring on--
(I) Federal, State, or private land within the
applicable State; or
(II) land owned by, or held in trust for the
benefit of, the applicable Indian Tribe; and
(ii) research relating to the activities described in
clause (i); and
(B) to compensate livestock producers for livestock losses
due to depredation by federally protected species occurring
on--
(i) Federal, State, or private land within the
applicable State; or
(ii) land owned by, or held in trust for the benefit
of, the applicable Indian Tribe.
(2) Allocation of funding.--
(A) Reports to the secretaries.--Not later than September
30 of each year, a State or Indian Tribe desiring to receive a
grant under the program shall submit to the Secretaries a
report describing, for the 1-year period ending on that
September 30, the losses of livestock due to depredation by
federally protected species occurring on--
(i) Federal, State, or private land within the
applicable State; or
(ii) land owned by, or held in trust for the benefit
of, the applicable Indian Tribe.
(B) Allocation.--The Secretaries shall allocate available
funding to carry out this Act among States and Indian Tribes
for a 1-year period ending on September 30 based on the losses
described in the reports submitted for the previous 1-year
period ending on September 30 under subparagraph (A).
(3) Eligibility.--To be eligible to receive a grant under
paragraph (1), a State or Indian Tribe shall--
(A) designate an appropriate agency of the State or Indian
Tribe to administer the 1 or more programs supplemented by the
grant funds;
(B) establish 1 or more accounts to receive grant funds;
(C) maintain files of all claims received and paid under
grant-funded programs, including supporting documentation; and
(D) submit to the Secretaries--
(i) annual reports that include--
(I) a summary of claims and expenditures under the
program during the year; and
(II) a description of any action taken on the
claims; and
(ii) such other reports as the Secretaries may require
to assist the Secretaries in determining the effectiveness
of assisted activities under this section.
(c) Sense of Congress.--It is the sense of Congress that--
(1) no State or Indian Tribe is required to participate in the
program; and
(2) the program supplements, and does not replace or supplant,
any State compensation programs for depredation.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 2021 through 2025, of which--
(1) $5,000,000 shall be used to provide grants for the purposes
described in subsection (b)(1)(A); and
(2) $10,000,000 shall be used to provide grants for the purpose
described in subsection (b)(1)(B).
SEC. 103. DEPREDATION PERMITS FOR BLACK VULTURES AND COMMON RAVENS.
(a) In General.--The Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service (referred to in
this section as the ``Secretary''), may issue depredation permits to
livestock producers authorizing takings of black vultures or common
ravens otherwise prohibited by Federal law to prevent those vultures or
common ravens from taking livestock during the calving season or
lambing season.
(b) Limited to Affected States or Regions.--The Secretary may issue
permits under subsection (a) only to livestock producers in States and
regions in which livestock producers are affected or have been affected
in the previous year by black vultures or common ravens, as determined
by Secretary.
(c) Reporting.--The Secretary shall require, as a condition of a
permit under subsection (a), that the permit holder shall report to the
appropriate enforcement agencies the takings of black vultures or
common ravens pursuant to the permit.
SEC. 104. CHRONIC WASTING DISEASE TASK FORCE.
(a) Definitions.--In this section:
(1) Cervid.--The term ``cervid'' means any species within the
family Cervidae.
(2) Chronic wasting disease.--The term ``chronic wasting
disease'' means the animal disease afflicting deer, elk, and moose
populations that--
(A) is a transmissible disease of the nervous system
resulting in distinctive lesions in the brain; and
(B) belongs to the group of diseases known as transmissible
spongiform encephalopathies, which group includes scrapie,
bovine spongiform encephalopathy, and Creutzfeldt-Jakob
disease.
(3) Secretaries.--The term ``Secretaries'' means the Secretary
of Agriculture, acting through the Administrator of the Animal and
Plant Health Inspection Service, and the Secretary of the Interior,
acting through the Director of the United States Geological Survey
and the Director of the United States Fish and Wildlife Service,
acting jointly.
(b) Establishment.--
(1) In general.--The Secretaries shall establish within the
United States Fish and Wildlife Service a task force, to be known
as the ``Chronic Wasting Disease Task Force'' (referred to in this
subsection as the ``Task Force'') after the completion of the study
required by subsection (c).
(2) Duties.--The Task Force shall--
(A) collaborate with foreign governments to share research,
coordinate efforts, and discuss best management practices to
reduce, minimize, prevent, or eliminate chronic wasting disease
in the United States;
(B) develop recommendations, including recommendations
based on findings of the study conducted under subsection (c),
and a set of best practices regarding--
(i) the interstate coordination of practices to prevent
the new introduction of chronic wasting disease;
(ii) the prioritization and coordination of the future
study of chronic wasting disease, based on evolving
research needs;
(iii) ways to leverage the collective resources of
Federal, State, and local agencies, Indian Tribes, and
foreign governments, and resources from private,
nongovernmental entities, to address chronic wasting
disease in the United States and along the borders of the
United States; and
(iv) any other area where containment or management
efforts relating to chronic wasting disease may differ
across jurisdictions; and
(C) develop, from the recommendations developed under
subparagraph (B), an action plan that gives States, the Federal
Government, Indian Tribes, and the farmed cervid industry
specific recommendations to ensure consistent and coordinated
management and focused, prioritized research to stop the spread
of and mitigate the impacts of chronic wasting disease.
(3) Membership.--
(A) In general.--The Task Force shall be composed of--
(i) 1 representative of the United States Fish and
Wildlife Service with experience in chronic wasting
disease, to be appointed by the Secretary of the Interior
(referred to in this subsection as the ``Secretary'');
(ii) 1 representative of the United States Geological
Survey;
(iii) 2 representatives of the Department of
Agriculture with experience in chronic wasting disease, to
be appointed by the Secretary of Agriculture--
(I) 1 of whom shall have expertise in cervid health
research; and
(II) 1 of whom shall have expertise in wildlife
management;
(iv) in the case of each State in which chronic wasting
disease among elk, mule deer, white-tailed deer, or moose
has been reported to the appropriate State agency, not more
than 2 representatives, to be nominated by the Governor of
the State--
(I) not more than 1 of whom shall be a
representative of the State agency with jurisdiction
over wildlife management or wildlife disease in the
State; and
(II) in the case of a State with a farmed cervid
program or economy, not more than 1 of whom shall be a
representative of the State agency with jurisdiction
over farmed cervid regulation in the State;
(v) in the case of each State in which chronic wasting
disease among elk, mule deer, white-tailed deer, or moose
has not been documented, but that has carried out measures
to prevent the introduction of chronic wasting disease
among those species, not more than 2 representatives, to be
nominated by the Governor of the State;
(vi) not more than 2 representatives from an Indian
Tribe or Tribal organization chosen in a process
determined, in consultation with Indian Tribes, by the
Secretary; and
(vii) not more than 5 nongovernmental members with
relevant expertise appointed, after the date on which the
members are first appointed under clauses (i) through (vi),
by a majority vote of the State representatives appointed
under clause (iv).
(B) Effect.--Nothing in this paragraph requires a State to
participate in the Task Force.
(4) Co-chairs.--The Co-Chairs of the Task Force shall be--
(A) the Federal representative described in paragraph
(3)(A)(i);
(B) 1 of the Federal representatives described in paragraph
(3)(A)(iii); and
(C) 1 State representative appointed under paragraph
(3)(A)(iv), to be selected by a majority vote of those State
representatives.
(5) Date of initial appointment.--
(A) In general.--The members of the Task Force shall be
appointed not later than 180 days after the date on which the
study is completed under subsection (c).
(B) Notification.--On appointment of the members of the
Task Force, the Co-Chairs of the Task Force shall notify the
Chairs and Ranking Members of the Committees on Environment and
Public Works and Agriculture, Nutrition, and Forestry of the
Senate and Natural Resources and Agriculture of the House of
Representatives.
(6) Vacancies.--Any vacancy in the members appointed to the
Task Force--
(A) shall not affect the power or duty of the Task Force;
and
(B) shall be filled not later than 30 days after the date
of the vacancy.
(7) Meetings.--The Task Force shall convene--
(A) not less frequently than twice each year; and
(B) at such time and place, and by such means, as the Co-
Chairs of the Task Force determine to be appropriate, which may
include the use of remote conference technology.
(8) Interstate action plan.--
(A) In general.--Not later than 1 year after the date on
which the members of the Task Force are appointed, the Task
Force shall submit to the Secretaries, and the heads of the
State agencies with jurisdiction over wildlife disease and
farmed cervid regulation of each State with a representative on
the Task Force, the interstate action plan developed by the
Task Force under paragraph (2)(C).
(B) Cooperative agreements.--
(i) In general.--To the maximum extent practicable, the
Secretaries, any other applicable Federal agency, and each
applicable State may enter into a cooperative agreement to
fund necessary actions under the interstate action plan
submitted under subparagraph (A).
(ii) Target date.--The Secretaries shall make the best
effort of the Secretaries to enter into any cooperative
agreement under clause (i) not later than 180 days after
the date of submission of the interstate action plan under
subparagraph (A).
(C) Matching funds.--
(i) In general.--Subject to clause (ii), for each
fiscal year, the Secretaries may provide funds to carry out
an interstate action plan through a cooperative agreement
under subparagraph (B) in the amount of funds provided by
the applicable States.
(ii) Limitation.--The amount provided by the United
States Fish and Wildlife Service under clause (i) for a
fiscal year shall be not greater than $5,000,000.
(9) Reports.--Not later than September 30 of the first full
fiscal year after the date on which the first members of the Task
Force are appointed, and each September 30 thereafter, the Task
Force shall submit to the Secretaries, and the heads of the State
agencies with jurisdiction over wildlife disease and farmed cervid
regulation of each State with a representatives on the Task Force,
a report describing--
(A) progress on the implementation of actions identified in
the interstate action plan submitted under paragraph (8)(A),
including the efficacy of funding under the cooperative
agreement entered into under paragraph (8)(B);
(B) updated resource requirements that are needed to reduce
and eliminate chronic wasting disease in the United States;
(C) any relevant updates to the recommended best management
practices included in the interstate action plan submitted
under paragraph (8)(B) to reduce or eliminate chronic wasting
disease;
(D) new research findings and emerging research needs
relating to chronic wasting disease; and
(E) any other relevant information.
(c) Chronic Wasting Disease Transmission in Cervidae Resource
Study.--
(1) Definition of academy.--In this subsection, the term
``Academy'' means the National Academy of Sciences.
(2) Study.--
(A) In general.--The Secretaries shall enter into an
arrangement with the Academy under which the Academy shall
conduct, and submit to the Secretaries a report describing the
findings of, a special resource study to identify the
predominant pathways and mechanisms of the transmission of
chronic wasting disease in wild, captive, and farmed
populations of cervids in the United States.
(B) Requirements.--The arrangement under subparagraph (A)
shall provide that the actual expenses incurred by the Academy
in conducting the study under subparagraph (A) shall be paid by
the Secretaries, subject to the availability of appropriations.
(3) Contents of the study.--The study under paragraph (2)
shall--
(A) with respect to wild, captive, and farmed populations
of cervids in the United States, identify--
(i)(I) to the extent possible, the pathways and
mechanisms for the transmission of chronic wasting disease
within live cervid populations and cervid products, which
may include pathways and mechanisms for transmission from
Canada;
(II) the infection rates for each pathway and mechanism
identified under subclause (I); and
(III) the relative frequency of transmission of each
pathway and mechanism identified under subclause (I);
(ii)(I) anthropogenic and environmental factors
contributing to new chronic wasting disease emergence
events;
(II) the development of geographical areas with
increased chronic wasting disease prevalence; and
(III) the overall geographical patterns of chronic
wasting disease distribution;
(iii) significant gaps in current scientific knowledge
regarding the transmission pathways and mechanisms
identified under clause (i)(I) and potential prevention,
detection, and control methods identified under clause (v);
(iv) for prioritization the scientific research
projects that will address the knowledge gaps identified
under clause (iii), based on the likelihood that a project
will contribute significantly to the prevention or control
of chronic wasting disease; and
(v) potential prevention, detection, or control
measures, practices, or technologies to be used to mitigate
the transmission and spread of chronic wasting disease in
wild, captive, and farmed populations of cervids in the
United States;
(B) assess the effectiveness of the potential prevention,
detection, or control measures, practices, or technologies
identified under subparagraph (A)(v); and
(C) review and compare science-based best practices,
standards, and guidance regarding the prevention, detection,
and management of chronic wasting disease in wild, captive, and
farmed populations of cervids in the United States that have
been developed by--
(i) the National Chronic Wasting Disease Herd
Certification Program of the Animal and Plant Health
Inspection Service;
(ii) the National Wildlife Research Center of the
Animal and Plant Health Inspection Service;
(iii) the United States Geological Survey;
(iv) State wildlife and agricultural agencies, in the
case of practices, standards, and guidance that provide
practical, science-based recommendations to State and
Federal agencies for minimizing or eliminating the risk of
transmission of chronic wasting disease in the United
States; and
(v) industry or academia, in the case of any published
guidance on practices that provide practical, science-based
recommendations to cervid producers for minimizing or
eliminating the risk of transmission of chronic wasting
disease within or between herds.
(4) Deadline.--The study under paragraph (2) shall be completed
not later than 180 days after the date on which funds are first
made available for the study.
(5) Data sharing.--The Secretaries shall share with the
Academy, as necessary to conduct the study under paragraph (2),
subject to the avoidance of a violation of a privacy or
confidentiality requirement and the protection of confidential or
privileged commercial, financial, or proprietary information, data
and access to databases and research information on chronic wasting
disease under the jurisdiction of--
(A) the Animal and Plant Health Inspection Service; and
(B) the United States Geological Survey.
(6) Report.--Not later than 60 days after the date of
completion of the study, the Secretaries shall submit to the
Committee on Agriculture, Nutrition, and Forestry, the Committee on
Energy and Natural Resources, and the Committee on Environment and
Public Works of the Senate and the Committee on Agriculture and the
Committee on Natural Resources of the House of Representatives a
report that describes--
(A) the findings of the study; and
(B) any conclusions and recommendations that the
Secretaries determine to be appropriate.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) for the period of fiscal years 2021 through 2025,
$5,000,000 to the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service, to carry
out administrative activities under subsection (b);
(2) for fiscal year 2021, $1,200,000 to the Secretary of the
Interior, acting through the Director of the United States
Geological Survey, to carry out activities to fund research under
subsection (c); and
(3) for fiscal year 2021, $1,200,000 to the Secretary of
Agriculture, acting through the Administrator of the Animal and
Plant Health Inspection Service, to carry out activities to fund
research under subsection (c).
SEC. 105. INVASIVE SPECIES.
Section 10 of the Fish and Wildlife Coordination Act (16 U.S.C.
666c-1) is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (A)--
(i) by redesignating clauses (i) and (ii) as clauses
(ii) and (iii), respectively; and
(ii) by inserting before clause (ii) (as so
redesignated) the following:
``(i) relevant Federal agencies;'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(C) by inserting after subparagraph (A) the following:
``(B) in consultation with stakeholders, including
nongovernmental organizations and industry;''; and
(2) by adding at the end the following:
``(p) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section for each of fiscal years 2021
through 2025--
``(1) $2,500,000 to the Secretary of the Army, acting through
the Chief of Engineers; and
``(2) $2,500,000 to the Secretary of the Interior.''.
SEC. 106. NORTH AMERICAN WETLANDS CONSERVATION ACT.
Section 7(c) of the North American Wetlands Conservation Act (16
U.S.C. 4406(c)) is amended by striking ``not to exceed--'' in the
matter preceding paragraph (1) and all that follows through paragraph
(5) and inserting ``not to exceed $60,000,000 for each of fiscal years
2021 through 2025.''.
SEC. 107. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT.
(a) Board of Directors of Foundation.--
(1) In general.--Section 3 of the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3702) is amended--
(A) in subsection (b)--
(i) by striking paragraph (2) and inserting the
following:
``(2) Appointment of directors.--After consulting with the
Secretary of Commerce and considering the recommendations submitted
by the Board, the Secretary of the Interior shall appoint 28
Directors who, to the maximum extent practicable, shall--
``(A) be knowledgeable and experienced in matters relating
to the conservation of fish, wildlife, or other natural
resources; and
``(B) represent a balance of expertise in ocean, coastal,
freshwater, and terrestrial resource conservation.''; and
(ii) by striking paragraph (3) and inserting the
following:
``(3) Terms.--Each Director (other than a Director described in
paragraph (1)) shall be appointed for a term of 6 years.''; and
(B) in subsection (g)(2)--
(i) in subparagraph (A), by striking ``(A) Officers and
employees may not be appointed until the Foundation has
sufficient funds to pay them for their service. Officers''
and inserting the following:
``(A) In general.--Officers''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) Executive director.--The Foundation shall have an
Executive Director who shall be--
``(i) appointed by, and serve at the direction of, the
Board as the chief executive officer of the Foundation; and
``(ii) knowledgeable and experienced in matters
relating to fish and wildlife conservation.''.
(2) Conforming amendment.--Section 4(a)(1)(B) of the North
American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) is
amended by striking ``Secretary of the Board'' and inserting
``Executive Director of the Board''.
(b) Rights and Obligations of Foundation.--Section 4 of the
National Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3703) is amended--
(1) in subsection (c)--
(A) by striking ``(c) Powers.--To carry out its purposes
under'' and inserting the following:
``(c) Powers.--
``(1) In general.--To carry out the purposes described in'';
(B) by redesignating paragraphs (1) through (11) as
subparagraphs (A) through (K), respectively, and indenting
appropriately;
(C) in subparagraph (D) (as redesignated by subparagraph
(B)), by striking ``that are insured by an agency or
instrumentality of the United States'' and inserting ``at 1 or
more financial institutions that are members of the Federal
Deposit Insurance Corporation or the Securities Investment
Protection Corporation'';
(D) in subparagraph (E) (as redesignated by subparagraph
(B)), by striking ``paragraph (3) or (4)'' and inserting
``subparagraph (C) or (D)'';
(E) in subparagraph (J) (as redesignated by subparagraph
(B)), by striking ``and'' at the end;
(F) by striking subparagraph (K) (as redesignated by
subparagraph (B)) and inserting the following:
``(K) to receive and administer restitution and community
service payments, amounts for mitigation of impacts to natural
resources, and other amounts arising from legal, regulatory, or
administrative proceedings, subject to the condition that the
amounts are received or administered for purposes that further
the conservation and management of fish, wildlife, plants, and
other natural resources; and
``(L) to do acts necessary to carry out the purposes of the
Foundation.''; and
(G) by striking the undesignated matter at the end and
inserting the following:
``(2) Treatment of real property.--
``(A) In general.--For purposes of this Act, an interest in
real property shall be treated as including easements or other
rights for preservation, conservation, protection, or
enhancement by and for the public of natural, scenic, historic,
scientific, educational, inspirational, or recreational
resources.
``(B) Encumbered real property.--A gift, devise, or bequest
may be accepted by the Foundation even though the gift, devise,
or bequest is encumbered, restricted, or subject to beneficial
interests of private persons if any current or future interest
in the gift, devise, or bequest is for the benefit of the
Foundation.
``(3) Savings clause.--The acceptance and administration of
amounts by the Foundation under paragraph (1)(K) does not alter,
supersede, or limit any regulatory or statutory requirement
associated with those amounts.'';
(2) by striking subsections (f) and (g); and
(3) by redesignating subsections (h) and (i) as subsections (f)
and (g), respectively.
(c) Authorization of Appropriations.--Section 10 of the National
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is
amended--
(1) in subsection (a), by striking paragraph (1) and inserting
the following:
``(1) In general.--There are authorized to be appropriated to
carry out this Act for each of fiscal years 2021 through 2025--
``(A) $15,000,000 to the Secretary of the Interior;
``(B) $5,000,000 to the Secretary of Agriculture; and
``(C) $5,000,000 to the Secretary of Commerce.'';
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the following:
``(1) Amounts from federal agencies.--
``(A) In general.--In addition to the amounts authorized to
be appropriated under subsection (a), Federal departments,
agencies, or instrumentalities are authorized to provide funds
to the Foundation through Federal financial assistance grants
and cooperative agreements, subject to the condition that the
amounts are used for purposes that further the conservation and
management of fish, wildlife, plants, and other natural
resources in accordance with this Act.
``(B) Advances.--Federal departments, agencies, or
instrumentalities may advance amounts described in subparagraph
(A) to the Foundation in a lump sum without regard to when the
expenses for which the amounts are used are incurred.
``(C) Management fees.--The Foundation may assess and
collect fees for the management of amounts received under this
paragraph.'';
(B) in paragraph (2)--
(i) in the paragraph heading, by striking ``funds'' and
inserting ``amounts'';
(ii) by striking ``shall be used'' and inserting ``may
be used''; and
(iii) by striking ``and State and local government
agencies'' and inserting ``, State and local government
agencies, and other entities''; and
(C) by adding at the end the following:
``(3) Administration of amounts.--
``(A) In general.--In entering into contracts, agreements,
or other partnerships pursuant to this Act, a Federal
department, agency, or instrumentality shall have discretion to
waive any competitive process applicable to the department,
agency, or instrumentality for entering into contracts,
agreements, or partnerships with the Foundation if the purpose
of the waiver is--
``(i) to address an environmental emergency resulting
from a natural or other disaster; or
``(ii) as determined by the head of the applicable
Federal department, agency, or instrumentality, to reduce
administrative expenses and expedite the conservation and
management of fish, wildlife, plants, and other natural
resources.
``(B) Reports.--The Foundation shall include in the annual
report submitted under section 7(b) a description of any use of
the authority under subparagraph (A) by a Federal department,
agency, or instrumentality in that fiscal year.''; and
(3) by adding at the end the following:
``(d) Use of Gifts, Devises, or Bequests of Money or Other
Property.--Any gifts, devises, or bequests of amounts or other
property, or any other amounts or other property, transferred to,
deposited with, or otherwise in the possession of the Foundation
pursuant to this Act, may be made available by the Foundation to
Federal departments, agencies, or instrumentalities and may be accepted
and expended (or the disposition of the amounts or property directed),
without further appropriation, by those Federal departments, agencies,
or instrumentalities, subject to the condition that the amounts or
property be used for purposes that further the conservation and
management of fish, wildlife, plants, and other natural resources.''.
(d) Limitation on Authority.--Section 11 of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3710) is amended by
inserting ``exclusive'' before ``authority''.
SEC. 108. MODIFICATION OF DEFINITION OF SPORT FISHING EQUIPMENT
UNDER TOXIC SUBSTANCES CONTROL ACT.
(a) Prohibition.--During the 5-year period beginning on the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall not take any action to regulate the lead
content of sport fishing equipment or sport fishing equipment
components under the Toxic Substances Control Act (15 U.S.C. 2601 et
seq.).
(b) Definition of Sport Fishing Equipment.--In this section, the
term ``sport fishing equipment'' means any sport fishing equipment (as
such term is defined in section 4162(a) of the Internal Revenue Code of
1986) the sale of which is subject to the tax imposed by section
4161(a) of such Code (determined without regard to any exemptions from
such tax provided by section 4162 or 4221 or any other provision of
such Code).
SEC. 109. REAUTHORIZATION OF CHESAPEAKE BAY PROGRAM.
Section 117 of the Federal Water Pollution Control Act (33 U.S.C.
1267) is amended by striking subsection (j) and inserting the
following:
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) for fiscal year 2021, $90,000,000;
``(2) for fiscal year 2022, $90,500,000;
``(3) for fiscal year 2023, $91,000,000;
``(4) for fiscal year 2024, $91,500,000; and
``(5) for fiscal year 2025, $92,000,000.''.
SEC. 110. REAUTHORIZATION OF CHESAPEAKE BAY INITIATIVE ACT OF 1998.
Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (Public
Law 105-312) is amended by striking ``2019'' and inserting ``2025''.
SEC. 111. CHESAPEAKE WATERSHED INVESTMENTS FOR LANDSCAPE DEFENSE.
(a) Definitions.--In this section:
(1) Chesapeake bay agreements.--The term ``Chesapeake Bay
agreements'' means the formal, voluntary agreements--
(A) executed to achieve the goal of restoring and
protecting the Chesapeake Bay watershed ecosystem and the
living resources of the Chesapeake Bay watershed ecosystem; and
(B) signed by the Chesapeake Executive Council.
(2) Chesapeake bay program.--The term ``Chesapeake Bay
program'' means the program directed by the Chesapeake Executive
Council in accordance with the Chesapeake Bay agreements.
(3) Chesapeake bay watershed.--The term ``Chesapeake Bay
watershed'' means the region that covers--
(A) the Chesapeake Bay;
(B) the portions of the States of Delaware, Maryland, New
York, Pennsylvania, Virginia, and West Virginia that drain into
the Chesapeake Bay; and
(C) the District of Columbia.
(4) Chesapeake executive council.--The term ``Chesapeake
Executive Council'' means the council comprised of--
(A) the Governors of each of the States of Delaware,
Maryland, New York, Pennsylvania, Virginia, and West Virginia;
(B) the Mayor of the District of Columbia;
(C) the Chair of the Chesapeake Bay Commission; and
(D) the Administrator of the Environmental Protection
Agency.
(5) Chesapeake wild program.--The term ``Chesapeake WILD
program'' means the nonregulatory program established by the
Secretary under subsection (b)(1).
(6) Grant program.--The term ``grant program'' means the
Chesapeake Watershed Investments for Landscape Defense grant
program established by the Secretary under subsection (c)(1).
(7) Restoration and protection activity.--The term
``restoration and protection activity'' means an activity carried
out for the conservation, stewardship, and enhancement of habitat
for fish and wildlife--
(A) to preserve and improve ecosystems and ecological
processes on which the fish and wildlife depend; and
(B) for use and enjoyment by the public.
(8) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the United States Fish
and Wildlife Service.
(b) Program Establishment.--
(1) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a
nonregulatory program, to be known as the ``Chesapeake Watershed
Investments for Landscape Defense program''.
(2) Purposes.--The purposes of the Chesapeake WILD program
are--
(A) coordinating restoration and protection activities
among Federal, State, local, and regional entities and
conservation partners throughout the Chesapeake Bay watershed;
(B) engaging other agencies and organizations to build a
broader range of partner support, capacity, and potential
funding for projects in the Chesapeake Bay watershed;
(C) carrying out coordinated restoration and protection
activities, and providing for technical assistance, throughout
the Chesapeake Bay watershed--
(i) to sustain and enhance restoration and protection
activities;
(ii) to improve and maintain water quality to support
fish and wildlife, habitats of fish and wildlife, and
drinking water for people;
(iii) to sustain and enhance water management for
volume and flood damage mitigation improvements to benefit
fish and wildlife habitat;
(iv) to improve opportunities for public access and
recreation in the Chesapeake Bay watershed consistent with
the ecological needs of fish and wildlife habitat;
(v) to facilitate strategic planning to maximize the
resilience of natural ecosystems and habitats under
changing watershed conditions;
(vi) to engage the public through outreach, education,
and citizen involvement to increase capacity and support
for coordinated restoration and protection activities in
the Chesapeake Bay watershed;
(vii) to sustain and enhance vulnerable communities and
fish and wildlife habitat;
(viii) to conserve and restore fish, wildlife, and
plant corridors; and
(ix) to increase scientific capacity to support the
planning, monitoring, and research activities necessary to
carry out coordinated restoration and protection
activities.
(3) Duties.--In carrying out the Chesapeake WILD program, the
Secretary shall--
(A) draw on existing plans for the Chesapeake Bay
watershed, or portions of the Chesapeake Bay watershed,
including the Chesapeake Bay agreements, and work in
consultation with applicable management entities, including
Chesapeake Bay program partners, such as the Federal
Government, State and local governments, the Chesapeake Bay
Commission, and other regional organizations, as appropriate,
to identify, prioritize, and implement restoration and
protection activities within the Chesapeake Bay watershed;
(B) adopt a Chesapeake Bay watershed-wide strategy that--
(i) supports the implementation of a shared set of
science-based restoration and protection activities
developed in accordance with subparagraph (A); and
(ii) targets cost-effective projects with measurable
results; and
(C) establish the grant program in accordance with
subsection (c).
(4) Coordination.--In establishing the Chesapeake WILD program,
the Secretary shall consult, as appropriate, with--
(A) the heads of Federal agencies, including--
(i) the Administrator of the Environmental Protection
Agency;
(ii) the Administrator of the National Oceanic and
Atmospheric Administration;
(iii) the Chief of the Natural Resources Conservation
Service;
(iv) the Chief of Engineers;
(v) the Director of the United States Geological
Survey;
(vi) the Secretary of Transportation;
(vii) the Chief of the Forest Service; and
(viii) the head of any other applicable agency;
(B) the Governors of each of the States of Delaware,
Maryland, New York, Pennsylvania, Virginia, and West Virginia
and the Mayor of the District of Columbia;
(C) fish and wildlife joint venture partnerships; and
(D) other public agencies and organizations with authority
for the planning and implementation of conservation strategies
in the Chesapeake Bay watershed.
(c) Grants and Technical Assistance.--
(1) Chesapeake wild grant program.--To the extent that funds
are made available to carry out this subsection, the Secretary
shall establish and carry out, as part of the Chesapeake WILD
program, a voluntary grant and technical assistance program, to be
known as the ``Chesapeake Watershed Investments for Landscape
Defense grant program'', to provide competitive matching grants of
varying amounts and technical assistance to eligible entities
described in paragraph (2) to carry out activities described in
subsection (b)(2).
(2) Eligible entities.--The following entities are eligible to
receive a grant and technical assistance under the grant program:
(A) A State.
(B) The District of Columbia.
(C) A unit of local government.
(D) A nonprofit organization.
(E) An institution of higher education as such term is
defined in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
(F) Any other entity that the Secretary determines to be
appropriate in accordance with the criteria established under
paragraph (3).
(3) Criteria.--The Secretary, in consultation with officials
and entities described in subsection (b)(4), shall establish
criteria for the grant program to help ensure that activities
funded under this subsection--
(A) accomplish 1 or more of the purposes described in
subsection (b)(2); and
(B) advance the implementation of priority actions or needs
identified in the Chesapeake Bay watershed-wide strategy
adopted under subsection (b)(3)(B).
(4) Cost sharing.--
(A) Department of the interior share.--The Department of
the Interior share of the cost of a project funded under the
grant program shall not exceed 50 percent of the total cost of
the project, as determined by the Secretary.
(B) Non-department of the interior share.--
(i) In general.--The non-Department of the Interior
share of the cost of a project funded under the grant
program may be provided in cash or in the form of an in-
kind contribution of services or materials.
(ii) Other federal funding.--Non-Department of the
Interior Federal funds may be used for not more than 25
percent of the total cost of a project funded under the
grant program.
(5) Administration.--The Secretary may enter into an agreement
to manage the grant program with an organization that offers grant
management services.
(d) Reporting.--Not later than 180 days after the date of enactment
of this Act, and annually thereafter, the Secretary shall submit to
Congress a report describing the implementation of this section,
including a description of each project that has received funding under
this section.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $15,000,000 for each of fiscal years 2021
through 2025.
(2) Supplement, not supplant.--Funds made available under
paragraph (1) shall supplement, and not supplant, funding for other
activities conducted by the Secretary in the Chesapeake Bay
watershed.
TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS
SEC. 201. PURPOSE.
The purpose of this title is to encourage partnerships among public
agencies and other interested persons 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.
SEC. 202. DEFINITIONS.
In this title:
(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 section 203.
(3) Director.--The term ``Director'' means the Director of the
United States Fish and Wildlife Service.
(4) Environmental protection agency assistant administrator.--
The term ``Environmental Protection Agency Assistant
Administrator'' means the Assistant Administrator for Water of the
Environmental Protection Agency.
(5) Indian tribe.--The term ``Indian Tribe'' has the meaning
given to the term ``Indian tribe'' in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(6) National oceanic and atmospheric administration assistant
administrator.--The term ``National Oceanic and Atmospheric
Administration Assistant Administrator'' means the Assistant
Administrator for Fisheries of the National Oceanic and Atmospheric
Administration.
(7) Partnership.--The term ``Partnership'' means an entity
designated by Congress as a Fish Habitat Partnership under section
204.
(8) Real property interest.--The term ``real property
interest'' means an ownership interest in--
(A) land; or
(B) water (including water rights).
(9) Marine fisheries commissions.--The term ``Marine Fisheries
Commissions'' means--
(A) the Atlantic States Marine Fisheries Commission;
(B) the Gulf States Marine Fisheries Commission; and
(C) the Pacific States Marine Commission.
(10) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(11) State.--The term ``State'' means each of the several
States, Puerto Rico, American Samoa, Guam, the Northern Mariana
Islands, the United States Virgin Islands, and the District of
Columbia.
(12) 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 of the State or sustains the habitat for
those fishery resources pursuant to State law or the
constitution of the State.
SEC. 203. NATIONAL FISH HABITAT BOARD.
(a) Establishment.--
(1) Fish habitat board.--There is established a board, to be
known as the ``National Fish Habitat Board'', whose duties are--
(A) to promote, oversee, and coordinate the implementation
of this title;
(B) to establish national goals and priorities for fish
habitat conservation;
(C) to recommend to Congress entities for designation as
Partnerships; and
(D) to review and make recommendations regarding fish
habitat conservation projects.
(2) Membership.--The Board shall be composed of 26 members, of
whom--
(A) 1 shall be a representative of the Department of the
Interior;
(B) 1 shall be a representative of the United States
Geological Survey;
(C) 1 shall be a representative of the Department of
Commerce;
(D) 1 shall be a representative of the Department of
Agriculture;
(E) 1 shall be a representative of the Association of Fish
and Wildlife Agencies;
(F) 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;
(G) 2 shall be representatives of either--
(i) Indian Tribes in the State of Alaska; or
(ii) Indian Tribes in States other than the State of
Alaska;
(H) 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;
(I) 1 shall be a representative of the Sport Fishing and
Boating Partnership Council;
(J) 7 shall be representatives selected from at least one
from each of the following:
(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;
(K) 1 shall be a representative of a national private
landowner organization;
(L) 1 shall be a representative of an agricultural
production organization;
(M) 1 shall be a representative of local government
interests involved in fish habitat restoration;
(N) 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
(O) 1 shall be an individual in a leadership position in
the private sector or landowner representative of an active
partnership.
(3) Compensation.--A member of the Board shall serve without
compensation.
(4) 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.
(b) Appointment and Terms.--
(1) In general.--Except as otherwise provided in this section,
a member of the Board described in any of subparagraphs (F) through
(O) of subsection (a)(2) shall serve for a term of 3 years.
(2) Initial board membership.--
(A) In general.--The initial Board shall consist of
representatives as described in subparagraphs (A) through (F)
of subsection (a)(2).
(B) Remaining members.--Not later than 60 days after the
date of enactment of this Act, the representatives of the
initial Board under subparagraph (A) shall appoint the
remaining members of the Board described in subparagraphs (H)
through (O) of subsection (a)(2).
(C) Tribal representatives.--Not later than 60 days after
the enactment of this Act, the Secretary shall provide to the
Board a recommendation of not fewer than three Tribal
representatives, from which the Board shall appoint one
representative pursuant to subparagraph (G) of subsection
(a)(2).
(3) Staggered terms.--Of the members described in subsection
(a)(2)(J) initially appointed to the Board--
(A) two shall be appointed for a term of 1 year;
(B) two shall be appointed for a term of 2 years; and
(C) three shall be appointed for a term of 3 years.
(4) Vacancies.--
(A) In general.--A vacancy of a member of the Board
described in subparagraph (H), (I), (J), (K), (L), (M), (N), or
(O) of subsection (a)(2) shall be filled by an appointment made
by the remaining members of the Board.
(B) Tribal representatives.--Following a vacancy of a
member of the Board described in subparagraph (G) of subsection
(a)(2), the Secretary shall recommend to the Board a list of
not fewer than three Tribal representatives, from which the
remaining members of the Board shall appoint a representative
to fill the vacancy.
(5) 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.
(6) Removal.--If a member of the Board described in any of
subparagraphs (H) through (O) of subparagraph (a)(2) misses three
consecutive regularly scheduled Board meetings, the members of the
Board may--
(A) vote to remove that member; and
(B) appoint another individual in accordance with paragraph
(4).
(c) Chairperson.--
(1) In general.--The representative of the Association of Fish
and Wildlife Agencies appointed under subsection (a)(2)(E) shall
serve as Chairperson of the Board.
(2) Term.--The Chairperson of the Board shall serve for a term
of 3 years.
(d) Meetings.--
(1) In general.--The Board shall meet--
(A) at the call of the Chairperson; but
(B) not less frequently than twice each calendar year.
(2) Public access.--All meetings of the Board shall be open to
the public.
(e) Procedures.--
(1) In general.--The Board shall establish procedures to carry
out the business of the Board, including--
(A) a requirement that a quorum of the members of the Board
be present to transact business;
(B) a requirement that no recommendations may be adopted by
the Board, except by the vote of two-thirds of all members;
(C) procedures for establishing national goals and
priorities for fish habitat conservation for the purposes of
this title;
(D) procedures for designating Partnerships under section
204; and
(E) procedures for reviewing, evaluating, and making
recommendations regarding fish habitat conservation projects.
(2) Quorum.--A majority of the members of the Board shall
constitute a quorum.
SEC. 204. FISH HABITAT PARTNERSHIPS.
(a) Authority To Recommend.--The Board may recommend to Congress
the designation of Fish Habitat Partnerships in accordance with this
section.
(b) Purposes.--The purposes of a Partnership shall be--
(1) to work with other regional habitat conservation programs
to promote cooperation and coordination to enhance fish populations
and fish habitats;
(2) to engage local and regional communities to build support
for fish habitat conservation;
(3) to involve diverse groups of public and private partners;
(4) to develop collaboratively a strategic vision and
achievable implementation plan that is scientifically sound;
(5) to leverage funding from sources that support local and
regional partnerships;
(6) to use adaptive management principles, including evaluation
of project success and functionality;
(7) to develop appropriate local or regional habitat evaluation
and assessment measures and criteria that are compatible with
national habitat condition measures; and
(8) to implement local and regional priority projects that
improve conditions for fish and fish habitat.
(c) Criteria for Designation.--An entity seeking to be designated
by Congress as a Partnership shall--
(1) submit to the Board an application at such time, in such
manner, and containing such information as the Board may reasonably
require; and
(2) demonstrate to the Board that the entity has--
(A) a focus on promoting the health of important fish and
fish habitats;
(B) 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;
(C) a self-governance structure that supports the
implementation of strategic priorities for fish habitat;
(D) the ability to develop local and regional relationships
with a broad range of entities to further strategic priorities
for fish and fish habitat;
(E) 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;
(F) the ability to develop and implement fish habitat
conservation projects that address strategic priorities of the
Partnership and the Board; and
(G) 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.
(d) Requirements for Recommendation to Congress.--The Board may
recommend to Congress for designation an application for a Partnership
submitted under subsection (c) if the Board determines that the
applicant--
(1) meets the criteria described in subsection (c)(2);
(2) 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;
(3) is organized to promote the health of important fish
species and important fish habitats, including reservoirs, natural
lakes, coastal and marine environments, coral reefs, and estuaries;
(4) identifies strategic fish and fish habitat priorities for
the Partnership area in the form of geographical focus areas or key
stressors or impairments to facilitate strategic planning and
decision making;
(5) is able to address issues and priorities on a nationally
significant scale;
(6) includes a governance structure that--
(A) reflects the range of all partners; and
(B) promotes joint strategic planning and decision making
by the applicant;
(7) demonstrates completion of, or significant progress toward
the development of, a strategic plan to address declines in fish
populations, rather than simply treating symptoms, in accordance
with the goals and national priorities established by the Board;
and
(8) promotes collaboration in developing a strategic vision and
implementation program that is scientifically sound and achievable.
(e) Report to Congress.--
(1) 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--
(A) identifies each entity that--
(i) meets the requirements described in subsection (d);
and
(ii) the Board recommends to Congress for designation
as a Partnership;
(B) describes any proposed modifications to a Partnership
previously designated by Congress under subsection (f);
(C) 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 subsection (d).
(2) Public availability; notification.--The Board shall--
(A) make the report publicly available, including on the
internet; and
(B) 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.
(f) Designation or Modification of Partnership.--Congress shall
have the exclusive authority to designate or modify a Partnership.
(g) Existing Partnerships.--
(1) Designation review.--Not later than 5 years after the date
of enactment of this Act, any partnership receiving Federal funds
as of the date of enactment of this Act shall be subject to a
designation review by Congress in which Congress shall have the
opportunity to designate the partnership under subsection (f).
(2) Ineligibility for federal funds.--A partnership referred to
in paragraph (1) that Congress does not designate as described in
that paragraph shall be ineligible to receive Federal funds under
this title.
SEC. 205. FISH HABITAT CONSERVATION PROJECTS.
(a) Submission to Board.--Not later than March 31 of each year,
each Partnership shall submit to the Board a list of priority fish
habitat conservation projects recommended by the Partnership for annual
funding under this title.
(b) Recommendations by Board.--Not later than July 1 of each year,
the Board shall submit to the Secretary a priority list of fish habitat
conservation projects that includes a description, including estimated
costs, of each project that the Board recommends that the Secretary
approve and fund under this title for the following fiscal year.
(c) Criteria for Project Selection.--The Board shall select each
fish habitat conservation project recommended to the Secretary under
subsection (b) after taking into consideration, at a minimum, the
following information:
(1) A recommendation of the Partnership that is, or will be,
participating actively in implementing the fish habitat
conservation project.
(2) The capabilities and experience of project proponents to
implement successfully the proposed project.
(3) The extent to which the fish habitat conservation project--
(A) fulfills a local or regional priority that is directly
linked to the strategic plan of the Partnership and is
consistent with the purpose of this title;
(B) addresses the national priorities established by the
Board;
(C) is supported by the findings of the habitat assessment
of the Partnership or the Board, and aligns or is compatible
with other conservation plans;
(D) identifies appropriate monitoring and evaluation
measures and criteria that are compatible with national
measures;
(E) provides a well-defined budget linked to deliverables
and outcomes;
(F) leverages other funds to implement the project;
(G) addresses the causes and processes behind the decline
of fish or fish habitats; and
(H) includes an outreach or education component that
includes the local or regional community.
(4) The availability of sufficient non-Federal funds to match
Federal contributions for the fish habitat conservation project, as
required by subsection (e).
(5) The extent to which the fish habitat conservation project--
(A) will increase fish populations in a manner that leads
to recreational fishing opportunities for the public;
(B) will be carried out through a cooperative agreement
among Federal, State, and local governments, Indian Tribes, and
private entities;
(C) increases public access to land or water for fish and
wildlife-dependent recreational opportunities;
(D) advances the conservation of fish and wildlife species
that have been identified by a State agency as species of
greatest conservation need;
(E) 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
(F) promotes strong and healthy fish habitats so that
desired biological communities are able to persist and adapt.
(6) The substantiality of the character and design of the fish
habitat conservation project.
(d) Limitations.--
(1) Requirements for evaluation.--No fish habitat conservation
project may be recommended by the Board under subsection (b) or
provided financial assistance under this title unless the fish
habitat conservation project includes an evaluation plan designed
using applicable Board guidance--
(A) to appropriately assess the biological, ecological, or
other results of the habitat protection, restoration, or
enhancement activities carried out using the assistance;
(B) 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;
(C) 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
(D) to require the submission to the Board of a report
describing the findings of the assessment.
(2) Acquisition authorities.--
(A) In general.--A State, local government, or other non-
Federal entity is eligible to receive funds for the acquisition
of real property from willing sellers under this title if the
acquisition ensures--
(i) public access for 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.
(B) State agency approval.--
(i) In general.--All real property interest acquisition
projects funded under this title must be approved by the
State agency in the State in which the project is
occurring.
(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.
(C) Assessment of other authorities.--The Board may not
recommend, and the Secretary may not provide any funding under
this title for, any real property interest acquisition unless
the Partnership that recommended the project has conducted a
project assessment, submitted with the funding request and
approved by the Board, to demonstrate all other Federal, State,
and local authorities for the acquisition of real property have
been exhausted.
(D) Restrictions.--A real property interest may not be
acquired pursuant to a fish habitat conservation project by a
State, local government, or other non-Federal entity conducted
with funds provided under this title, unless--
(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.
(e) Non-Federal Contributions.--
(1) In general.--Except as provided in paragraphs (2) and (4),
no fish habitat conservation project may be recommended by the
Board under subsection (b) or provided financial assistance under
this title unless at least 50 percent of the cost of the fish
habitat conservation project will be funded with non-Federal funds.
(2) Non-federal share.--Such non-Federal share of the cost of a
fish habitat conservation project--
(A) may not be derived from another Federal grant program;
and
(B) may include in-kind contributions and cash.
(3) Special rule for indian tribes.--Notwithstanding paragraph
(1) or any other provision of law, any funds made available to an
Indian Tribe pursuant to this title may be considered to be non-
Federal funds for the purpose of paragraph (1).
(4) Waiver authority.--The Secretary, in consultation with the
Secretary of Commerce with respect to marine or estuarine projects,
may waive the application of paragraph (2)(A) with respect to a
State or an Indian Tribe, or otherwise reduce the portion of the
non-Federal share of the cost of an activity required to be paid by
a State or an Indian Tribe under paragraph (1), if the Secretary
determines that the State or Indian Tribe does not have sufficient
funds not derived from another Federal grant program to pay such
non-Federal share, or portion of the non-Federal share, without the
use of loans.
(f) Approval.--
(1) In general.--Not later than 90 days after the date of
receipt of the recommended priority list of fish habitat
conservation projects under subsection (b), and subject to
subsection (d) and based, to the maximum extent practicable, on the
criteria described in subsection (c), the Secretary, after
consulting with the Secretary of Commerce on marine or estuarine
projects, shall approve or reject any fish habitat conservation
project recommended by the Board.
(2) Funding.--If the Secretary approves a fish habitat
conservation project under paragraph (1), the Secretary shall use
amounts made available to carry out this title to provide funds to
carry out the fish habitat conservation project.
(3) Notification.--If the Secretary rejects under paragraph (1)
any fish habitat conservation project recommended by the Board, not
later than 90 days after the date of receipt of the recommendation,
the Secretary shall provide to the Board, the appropriate
Partnership, and the appropriate congressional committees a written
statement of the reasons that the Secretary rejected the fish
habitat conservation project.
SEC. 206. TECHNICAL AND SCIENTIFIC ASSISTANCE.
(a) In General.--The Director, the National Oceanic and Atmospheric
Administration Assistant Administrator, the Environmental Protection
Agency Assistant Administrator, and the Director of the United States
Geological Survey, in coordination with the Forest Service and other
appropriate Federal departments and agencies, may provide scientific
and technical assistance to Partnerships, participants in fish habitat
conservation projects, and the Board.
(b) Inclusions.--Scientific and technical assistance provided under
subsection (a) may include--
(1) providing technical and scientific assistance to States,
Indian Tribes, regions, local communities, and nongovernmental
organizations in the development and implementation of
Partnerships;
(2) providing technical and scientific assistance to
Partnerships for habitat assessment, strategic planning, and
prioritization;
(3) supporting the development and implementation of fish
habitat conservation projects that are identified as high
priorities by Partnerships and the Board;
(4) supporting and providing recommendations regarding the
development of science-based monitoring and assessment approaches
for implementation through Partnerships;
(5) supporting and providing recommendations for a national
fish habitat assessment;
(6) ensuring the availability of experts to assist in
conducting scientifically based evaluation and reporting of the
results of fish habitat conservation projects; and
(7) providing resources to secure State agency scientific and
technical assistance to support Partnerships, participants in fish
habitat conservation projects, and the Board.
SEC. 207. 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 title, including notification, by
not later than 30 days before the date on which the activity is
implemented.
SEC. 208. 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
National Oceanic and Atmospheric Administration Assistant
Administrator, the Environmental Protection Agency Assistant
Administrator, the Director of the United States Geological Survey, and
the heads of other appropriate Federal departments and agencies
(including, at a minimum, those agencies represented on the Board)
shall develop an interagency operational plan that describes--
(1) the functional, operational, technical, scientific, and
general staff, administrative, and material needs for the
implementation of this title; and
(2) any interagency agreements between or among Federal
departments and agencies to address those needs.
SEC. 209. ACCOUNTABILITY AND REPORTING.
(a) Reporting.--
(1) In general.--Not later than 5 years after the date of
enactment of this Act, and every 5 years thereafter, the Board
shall submit to the appropriate congressional committees a report
describing the progress of this title.
(2) Contents.--Each report submitted under paragraph (1) shall
include--
(A) an estimate of the number of acres, stream miles, or
acre-feet, or other suitable measures of fish habitat, that was
maintained or improved by Partnerships under this title during
the 5-year period ending on the date of submission of the
report;
(B) a description of the public access to fish habitats
established or improved under this title during that 5-year
period;
(C) a description of the improved opportunities for public
recreational fishing achieved under this title; and
(D) an assessment of the status of fish habitat
conservation projects carried out with funds provided under
this title during that period, disaggregated by year,
including--
(i) a description of the fish habitat conservation
projects recommended by the Board under section 205(b);
(ii) a description of each fish habitat conservation
project approved by the Secretary under section 205(f), in
order of priority for funding;
(iii) a justification for--
(I) the approval of each fish habitat conservation
project; and
(II) 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
section 205(b) that was based on a factor other than the
criteria described in section 205(c); and
(v) an accounting of expenditures by Federal, State, or
local governments, Indian Tribes, or other entities to
carry out fish habitat conservation projects under this
title.
(b) Status and Trends Report.--Not later than December 31, 2021,
and every 5 years thereafter, the Board shall submit to the appropriate
congressional committees a report that includes--
(1) a status of all Partnerships designated under this title;
(2) a description of the status of fish habitats in the United
States as identified by designated Partnerships; and
(3) enhancements or reductions in public access as a result
of--
(A) the activities of the Partnerships; or
(B) any other activities carried out pursuant to this
title.
SEC. 210. EFFECT OF THIS TITLE.
(a) Water Rights.--Nothing in this title--
(1) establishes any express or implied reserved water right in
the United States for any purpose;
(2) affects any water right in existence on the date of
enactment of this Act;
(3) preempts or affects any State water law or interstate
compact governing water; or
(4) affects any Federal or State law in existence on the date
of enactment of the Act regarding water quality or water quantity.
(b) Authority To Acquire Water Rights or Rights to Property.--Only
a State, local government, or other non-Federal entity may acquire,
under State law, water rights or rights to property with funds made
available through section 212.
(c) State Authority.--Nothing in this title--
(1) 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
(2) authorizes the Secretary to control or regulate within a
State the fishing or hunting of fish and wildlife.
(d) Effect on Indian Tribes.--Nothing in this title abrogates,
abridges, affects, modifies, supersedes, or alters any right of an
Indian Tribe recognized by treaty or any other means, including--
(1) an agreement between the Indian Tribe and the United
States;
(2) Federal law (including regulations);
(3) an Executive order; or
(4) a judicial decree.
(e) Adjudication of Water Rights.--Nothing in this title diminishes
or affects the ability of the Secretary to join an adjudication of
rights to the use of water pursuant to subsection (a), (b), or (c) of
section 208 of the Departments of State, Justice, Commerce, and The
Judiciary Appropriation Act, 1953 (43 U.S.C. 666).
(f) Department of Commerce Authority.--Nothing in this title
affects the authority, jurisdiction, or responsibility of the
Department of Commerce to manage, control, or regulate fish or fish
habitats under the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.).
(g) Effect on Other Authorities.--
(1) Private property protection.--Nothing in this title permits
the use of funds made available to carry out this title to acquire
real property or a real property interest without the written
consent of each owner of the real property or real property
interest, respectively.
(2) Mitigation.--Nothing in this title authorizes the use of
funds made available to carry out this title for fish and wildlife
mitigation purposes under--
(A) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(B) the Fish and Wildlife Coordination Act (16 U.S.C. 661
et seq.);
(C) the Water Resources Development Act of 1986 (Public Law
99-662; 100 Stat. 4082); or
(D) any other Federal law or court settlement.
(3) Clean water act.--Nothing in this title affects any
provision of the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), including any definition in that Act.
SEC. 211. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to--
(1) the Board; or
(2) any Partnership.
SEC. 212. FUNDING.
(a) Authorization of Appropriations.--
(1) Fish habitat conservation projects.--There is authorized to
be appropriated to the Secretary $7,200,000 for each of fiscal
years 2021 through 2025 to provide funds for fish habitat
conservation projects approved under section 205(f), of which 5
percent is authorized only for projects carried out by Indian
Tribes.
(2) Administrative and planning expenses.--There is authorized
to be appropriated to the Secretary for each of fiscal years 2021
through 2025 an amount equal to 5 percent of the amount
appropriated for the applicable fiscal year pursuant to paragraph
(1)--
(A) for administrative and planning expenses under this
title; and
(B) to carry out section 209.
(3) Technical and scientific assistance.--There is authorized
to be appropriated for each of fiscal years 2021 through 2025 to
carry out, and provide technical and scientific assistance under,
section 206--
(A) $400,000 to the Secretary for use by the United States
Fish and Wildlife Service;
(B) $400,000 to the National Oceanic and Atmospheric
Administration Assistant Administrator for use by the National
Oceanic and Atmospheric Administration;
(C) $400,000 to the Environmental Protection Agency
Assistant Administrator for use by the Environmental Protection
Agency;
(D) $400,000 to the Secretary for use by the United States
Geological Survey; and
(E) $400,000 to the Secretary of Agriculture, acting
through the Chief of the Forest Service, for use by the Forest
Service.
(b) Agreements and Grants.--The Secretary may--
(1) on the recommendation of the Board, and notwithstanding
sections 6304 and 6305 of title 31, United States Code, and the
Federal Financial Assistance Management Improvement Act of 1999 (31
U.S.C. 6101 note; Public Law 106-107), enter into a grant
agreement, cooperative agreement, or contract with a Partnership or
other entity to provide funds authorized by this title for a fish
habitat conservation project or restoration or enhancement project;
(2) apply for, accept, and, subject to the availability of
appropriations, use a grant from any individual or entity to carry
out the purposes of this title; and
(3) subject to the availability of appropriations, make funds
authorized by this Act available to any Federal department or
agency for use by that department or agency to provide grants for
any fish habitat protection project, restoration project, or
enhancement project that the Secretary determines to be consistent
with this title.
(c) Donations.--
(1) In general.--The Secretary may--
(A) enter into an agreement with any organization described
in section 501(c)(3) of the Internal Revenue Code of 1986 that
is exempt from taxation under section 501(a) of that Code to
solicit private donations to carry out the purposes of this
title; and
(B) accept donations of funds, property, and services to
carry out the purposes of this title.
(2) Treatment.--A donation accepted under this title--
(A) shall be considered to be a gift or bequest to, or
otherwise for the use of, the United States; and
(B) may be--
(i) used directly by the Secretary; or
(ii) provided to another Federal department or agency
through an interagency agreement.
SEC. 213. PROHIBITION AGAINST IMPLEMENTATION OF REGULATORY
AUTHORITY BY FEDERAL AGENCIES THROUGH PARTNERSHIPS.
Any Partnership designated under this title--
(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.
TITLE III--MISCELLANEOUS
SEC. 301. STUDY TO REVIEW CONSERVATION FACTORS.
(a) Definition of Secretaries.--In this section, the term
``Secretaries'' means--
(1) the Secretary of Agriculture;
(2) the Secretary of Commerce, acting through the Assistant
Administrator of the National Marine Fisheries Service; and
(3) the Secretary of the Interior, acting through the Director
of the United States Fish and Wildlife Service.
(b) Study.--To assess factors affecting successful conservation
activities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), the Secretaries shall carry out a study--
(1)(A) to review any factors that threaten or endanger a
species, such as wildlife disease, for which a listing under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) would not
contribute to the conservation of the species; and
(B) to identify additional conservation measures that can be
taken to protect and conserve a species described in subparagraph
(A);
(2) to review any barriers to--
(A) the delivery of Federal, State, local, or private funds
for such conservation activities, including statutory or
regulatory impediments, staffing needs, and other relevant
considerations; or
(B) the implementation of conservation agreements, plans,
or other cooperative agreements, including agreements focused
on voluntary activities, multispecies efforts, and other
relevant considerations;
(3) to review factors that impact the ability of the Federal
Government to successfully implement the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.);
(4) to develop recommendations regarding methods to address
barriers identified under paragraph (2), if any;
(5) to review determinations under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.) in which a species is determined
to be recovered by the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife Service, or the
Secretary of Commerce, acting through the Assistant Administrator
of the National Marine Fisheries Service, but remains listed under
that Act, including--
(A) an explanation of the factors preventing a delisting or
downlisting of the species; and
(B) recommendations regarding methods to address the
factors described in subparagraph (A); and
(6) to review any determinations under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) in which a species has been
identified as needing listing or uplisting under that Act but
remains unlisted or listed as a threatened species, respectively,
including--
(A) an explanation of the factors preventing a listing or
uplisting of the species; and
(B) recommendations regarding methods to address the
factors described in subparagraph (A).
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretaries shall submit to the Committees on
Appropriations and Environment and Public Works of the Senate and the
Committees on Appropriations and Natural Resources of the House of
Representatives and make publicly available a report describing the
results of the study under subsection (b).
SEC. 302. STUDY AND REPORT ON EXPENDITURES.
(a) Reports on Expenditures.--
(1) Federal departments and agencies.--
(A) In general.--At the determination of the Comptroller
General of the United States (referred to in this section as
the ``Comptroller General''), to facilitate the preparation of
the reports from the Comptroller General under paragraph (2),
the head of each Federal department and agency shall submit to
the Comptroller General data and other relevant information
that describes the amounts expended or disbursed (including
through loans, loan guarantees, grants, or any other financing
mechanism) by the department or agency as a direct result of
any provision of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) (including any regulation promulgated pursuant to
that Act) during--
(i) with respect to the first report under paragraph
(2), the 3 fiscal years preceding the date of submission of
the report; and
(ii) with respect to the second report under paragraph
(2), the 2 fiscal years preceding the date of submission of
the report.
(B) Requirements.--Data and other relevant information
submitted under subparagraph (A) shall describe, with respect
to the applicable amounts--
(i) the programmatic office of the department or agency
on behalf of which each amount was expended or disbursed;
(ii) the provision of the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) (or regulation promulgated
pursuant to that Act) pursuant to which each amount was
expended or disbursed; and
(iii) the project or activity carried out using each
amount, in detail sufficient to reflect the breadth, scope,
and purpose of the project or activity.
(2) Comptroller general.--Not later than 2 years and 4 years
after the date of enactment of this Act, the Comptroller General
shall submit to the Committees on Appropriations, Commerce,
Science, and Transportation, and Environment and Public Works of
the Senate and the Committee on Appropriations and Natural
Resources of the House of Representatives a report that describes--
(A) the aggregate amount expended or disbursed by all
Federal departments and agencies as a direct result of any
provision of the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.) (including any regulation promulgated pursuant to that
Act) during--
(i) with respect to the first report, the 3 fiscal
years preceding the date of submission of the report; and
(ii) with respect to the second report, the 2 fiscal
years preceding the date of submission of the report;
(B) the provision of the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) (or regulation promulgated pursuant to
that Act) pursuant to which each such amount was expended or
disbursed; and
(C) with respect to each relevant department or agency--
(i) the total amount expended or disbursed by the
department or agency as described in subparagraph (A); and
(ii) the information described in clauses (i) through
(iii) of paragraph (1)(B).
(b) Report on Conservation Activities.--
(1) Federal departments and agencies.--At the determination of
the Comptroller General, to facilitate the preparation of the
report under paragraph (2), the head of each Federal department and
agency shall submit to the Comptroller General data and other
relevant information that describes the conservation activities by
the Federal department or agency as a direct result of any
provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) (including any regulation promulgated pursuant to that Act)
during--
(A) with respect to the first report under paragraph (2),
the 3 fiscal years preceding the date of submission of the
report; and
(B) with respect to the second report under paragraph (2),
the 2 fiscal years preceding the date of submission of the
report.
(2) Comptroller general.--Not later than 2 years and 4 years
after the date of enactment of this Act, the Comptroller General
shall submit to the Committees on Commerce, Science, and
Transportation and Environment and Public Works of the Senate and
the Committee on Natural Resources of the House of Representatives
a report that--
(A) describes the conservation activities by all Federal
departments and agencies for species listed as a threatened
species or endangered species under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.), as reported under paragraph
(1), during--
(i) with respect to the first report, the 3 fiscal
years preceding the date of submission of the report; and
(ii) with respect to the second report, the 2 fiscal
years preceding the date of submission of the report;
(B) is organized into categories with respect to whether a
recovery plan for a species has been established;
(C) includes conservation outcomes associated with the
conservation activities; and
(D) as applicable, describes the conservation activities
that required interaction between Federal agencies and between
Federal agencies and State and Tribal agencies and units of
local government pursuant to the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
SEC. 303. 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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.