[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.