[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7408 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 7408

    To amend the Pittman-Robertson Wildlife Restoration Act to make 
   supplemental funds available for management of fish and wildlife 
 species of greatest conservation need as determined by State fish and 
               wildlife agencies, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 20, 2024

 Mr. Westerman (for himself, Mr. Bentz, Ms. Hageman, Mr. Stauber, Mr. 
 Curtis, Mr. Carl, Mr. Lamborn, Ms. Boebert, Mrs. Kiggans of Virginia, 
 Mr. LaMalfa, Mr. Newhouse, Mrs. Radewagen, Mr. Moylan, Mrs. Gonzalez-
   Colon, Ms. Maloy, Mr. Carter of Georgia, Mr. Zinke, Mr. Smith of 
  Nebraska, and Mr. Wittman) introduced the following bill; which was 
referred to the Committee on Natural Resources, and in addition to the 
Committee on Agriculture, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To amend the Pittman-Robertson Wildlife Restoration Act to make 
   supplemental funds available for management of fish and wildlife 
 species of greatest conservation need as determined by State fish and 
               wildlife agencies, 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 Wildlife 
Habitat Conservation Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Statement of purpose.
Sec. 3. GAO study.
             TITLE I--WILDLIFE CONSERVATION AND RESTORATION

Sec. 101. Wildlife Conservation and Restoration Subaccount.
Sec. 102. Technical amendments.
Sec. 103. Savings clause.
         TITLE II--TRIBAL WILDLIFE CONSERVATION AND RESTORATION

Sec. 201. Indian Tribes.
      TITLE III--CONSERVATION AND MANAGEMENT FOR WILDLIFE REFUGES

Sec. 301. Definitions.
Sec. 302. Good neighbor authority for the United States Fish and 
                            Wildlife Service.
Sec. 303. Stewardship end result contracting projects.
     TITLE IV--INCENTIVIZING WILDLIFE CONSERVATION ON PRIVATE LANDS

Sec. 401. Candidate Conservation Agreements with Assurances.
Sec. 402. Designation of critical habitat.
Sec. 403. Private land.
                   TITLE V--FOREST INFORMATION REFORM

Sec. 501. No additional consultation required.
  TITLE VI--PROVIDING FOR GREATER INCENTIVES TO RECOVER LISTED SPECIES

Sec. 601. Protective regulations under Endangered Species Act of 1973.
                   TITLE VII--RESCISSIONS AND REPEALS

Sec. 701. Rescission of funds.
Sec. 702. Repeal of certain programs.

SEC. 2. STATEMENT OF PURPOSE.

    The purpose of this Act is to extend financial and technical 
assistance to States, territories, the District of Columbia, and Indian 
Tribes, including under the Pittman-Robertson Wildlife Restoration Act 
(16 U.S.C. 669 et seq.), for the purpose of restoring habitat on State, 
Tribal, Federal, and private lands--
            (1) to recover species currently listed as threatened or 
        endangered under the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.) or under State law; and
            (2) to prevent the need to list species under the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or 
        under State law.

SEC. 3. GAO STUDY.

    Not later than 5 years after the date of enactment of this Act, the 
Comptroller General of the United States shall conduct a study to 
examine the progress of States, territories, the District of Columbia, 
and Indian Tribes toward achieving the purpose described in section 2.

             TITLE I--WILDLIFE CONSERVATION AND RESTORATION

SEC. 101. WILDLIFE CONSERVATION AND RESTORATION SUBACCOUNT.

    (a) In General.--Section 3 of the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669b) is amended--
            (1) in subsection (a)--
                    (A) by striking ``(1) An amount equal to'' and 
                inserting ``An amount equal to''; and
                    (B) by striking paragraph (2); and
            (2) subsection (c)--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (10) and (11); and
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) Definitions.--In this subsection:
                    ``(A) Restoration.--The term `restoration' means 
                the implementation of conservation actions and 
                practices that reestablish or enhance environmental 
                conditions and ecosystem functions that benefit the 
                diversity, resilience, health, and productivity of 
                plants and animals.
                    ``(B) Rewilding.--The term `rewilding' means a 
                restoration approach that prohibits human management 
                activities and relies only on natural processes to 
                maintain or improve habitat.
                    ``(C) Territory and territories.--The terms 
                `territory' and `territories' mean the Commonwealth of 
                Puerto Rico, Guam, American Samoa, the Commonwealth of 
                the Northern Mariana Islands, and the United States 
                Virgin Islands.
            ``(2) Establishment of subaccount.--
                    ``(A) In general.--There is established in the fund 
                a subaccount to be known as the `Wildlife Habitat 
                Conservation and Restoration Subaccount'.
                    ``(B) Availability.--Amounts in the Subaccount 
                shall be available until expended, subject to future 
                appropriations, for apportionment in accordance with 
                this Act.
                    ``(C) Deposits into subaccount.--Subject to the 
                availability of appropriations made in advance for such 
                purposes, the Secretary shall allocate not more than 
                $300,000,000 to the Subaccount for each of fiscal years 
                2025 through 2029.
                    ``(D) Treatment of revenue.--Funds received by a 
                State fish and wildlife department as a result of a 
                wildlife conservation and restoration program or 
                project of such department that is carried out on 
                Federal or State land and funded by the Subaccount 
                shall be retained and used by such department to carry 
                out additional authorized wildlife conservation and 
                restoration programs or projects pursuant to this Act.
                    ``(E) Sunset.--No funds may be appropriated to the 
                Subaccount after fiscal year 2029.
            ``(3) Supplement not supplant.--Amounts transferred to the 
        Subaccount shall supplement, but not replace, existing funds 
        available to the States from--
                    ``(A) the funds distributed pursuant to the 
                Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 
                777 et seq.); and
                    ``(B) the fund.
            ``(4) Innovation grants.--
                    ``(A) In general.--The Secretary shall distribute 
                10 percent of amounts in the Subaccount in each fiscal 
                year through a competitive grant program to State fish 
                and wildlife departments, the District of Columbia fish 
                and wildlife department, fish and wildlife departments 
                of territories, or to regional associations of fish and 
                wildlife departments (or any group composed of more 
                than 1 such entity).
                    ``(B) Purpose.--Recipients of a grant issued under 
                subparagraph (A) shall use such grant funds for the 
                purpose of catalyzing innovation of techniques, tools, 
                strategies, or collaborative partnerships that 
                accelerate, expand, or replicate effective and 
                measurable recovery efforts for habitat of species of 
                greatest conservation need and species listed under the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.).
                    ``(C) Review committee.--The Secretary shall 
                appoint a review committee comprised of--
                            ``(i) 1 State Director from each regional 
                        association of State fish and wildlife 
                        departments;
                            ``(ii) the head of a department responsible 
                        for fish and wildlife management in a 
                        territory;
                            ``(iii) 1 delegate from the United States 
                        Fish and Wildlife Service, for the purpose of 
                        providing technical assistance;
                            ``(iv) 2 individuals who represent 2 
                        different nonprofit organizations, each of 
                        which participated in carrying out wildlife 
                        conservation and restoration activities using 
                        funds apportioned from the Subaccount during 
                        the 5-year period ending on the date of 
                        appointment of such individual; and
                            ``(v) 2 individuals who represent 2 
                        different nonprofit hunting and fishing 
                        organizations who are each a member of--
                                    ``(I) the Hunting and Wildlife 
                                Conservation Council of the Department 
                                of the Interior and Department of 
                                Agriculture and classified as 
                                representing a `wildlife & habitat 
                                conservation/management organization'; 
                                or
                                    ``(II) the Sport Fishing and 
                                Boating Partnership Council of the 
                                Department of the Interior and 
                                classified as representing a 
                                `recreational fishery resource 
                                conservation organization'.
                    ``(D) Support from united states fish and wildlife 
                service.--Using not more than 3 percent of the amounts 
                distributed under subparagraph (A) to carry out a 
                competitive grant program, the United States Fish and 
                Wildlife Service shall provide any personnel or 
                administrative support services necessary for such 
                committee to carry out its responsibilities under this 
                Act.
                    ``(E) Evaluation.--Such committee shall evaluate 
                each proposal submitted under this paragraph and 
                recommend projects for funding, giving preference to 
                solutions that accelerate the recovery of habitat for 
                species identified as priorities through regional 
                scientific assessments of species of greatest 
                conservation need.
            ``(5) Use of funds.--
                    ``(A) In general.--Funds apportioned from the 
                Subaccount under paragraph (2)(B)--
                            ``(i) shall be used for purposes and 
                        practices consistent with section 2 of the 
                        America's Wildlife Habitat Conservation Act;
                            ``(ii) shall be used to develop, carry out, 
                        revise, or enhance the Wildlife Conservation 
                        Strategy of a State, territory, or the District 
                        of Columbia, as required under section 4(e), by 
                        carrying out, revising, or enhancing existing 
                        wildlife conservation and restoration programs 
                        or strategies and developing and implementing 
                        new wildlife conservation and restoration 
                        programs or strategies, as determined by the 
                        appropriate State fish and wildlife department;
                            ``(iii) shall be used to assist in the 
                        restoration of habitat for species found in the 
                        State, territory, or the District of Columbia 
                        that are listed as endangered species, 
                        threatened species, candidate species or 
                        species proposed for listing, or species 
                        petitioned for listing under the Endangered 
                        Species Act of 1973 (16 U.S.C. 1531 et seq.) or 
                        under State law;
                            ``(iv) may be used for management of 
                        animals, including harvesting;
                            ``(v) may be used for the conservation and 
                        restoration of habitat for species of greatest 
                        conservation need whose range is shared with 
                        another State, territory, Indian Tribe, or 
                        foreign government;
                            ``(vi) may be used to manage, control, and 
                        prevent invasive species, disease, and other 
                        risks to the habitat of species of greatest 
                        conservation need;
                            ``(vii) may be used for forest and 
                        vegetation management activities if a primary 
                        purpose of such activity is to modify, improve, 
                        enhance, or create wildlife habitat or reduce 
                        the risk of damage or destruction to wildlife 
                        habitat due to wildfires, insects, or disease, 
                        including--
                                    ``(I) planting, seeding, and 
                                harvesting;
                                    ``(II) mechanical thinning;
                                    ``(III) prescribed burning;
                                    ``(IV) chemical applications 
                                designed to restore natural range 
                                variation including creating and 
                                maintaining early seral communities; 
                                and
                                    ``(V) prescribed haying and grazing 
                                practices;
                            ``(viii) may be used to carry out 
                        voluntary, collaborative conservation work with 
                        willing landowners consistent with section 2 of 
                        the America's Wildlife Habitat Conservation Act 
                        to keep private lands working; and
                            ``(ix) may be used to provide incentives to 
                        private landowners to carry out habitat 
                        conservation work for threatened and endangered 
                        species or species of greatest conservation 
                        need on the land owned by such private 
                        landowners and to provide financial assistance 
                        or technical assistance to such private 
                        landowners to carry out such work.
                    ``(B) Prohibited uses.--Funds apportioned from the 
                Subaccount may not be used for--
                            ``(i) rewilding;
                            ``(ii) the reintroduction or management of 
                        a species in a manner not supported by the 
                        applicable State fish and wildlife management 
                        authorities; or
                            ``(iii) climate-focused decisions that lack 
                        a connection to the State comprehensive plan 
                        developed under section 4(e)(1).
            ``(6) Minimum required spending for endangered species 
        recovery.--Not less than 15 percent of the total amount 
        apportioned to a State, territory, or the District of Columbia 
        from the Subaccount during the period of fiscal years 2025 
        through 2029 shall be used for purposes described in paragraph 
        (5)(A)(iii).
            ``(7) Public access to private lands not required.--
        Apportionment of funds from the Subaccount may not be 
        conditioned upon the provision of public access to private 
        lands, waters, or holdings.
            ``(8) Requirements for matching funds.--
                    ``(A) In general.--For the purposes of the non-
                Federal fund matching requirement for a wildlife 
                conservation and restoration program or project funded 
                by the Subaccount, a State, territory, or the District 
                of Columbia may use as matching non-Federal funds--
                            ``(i) in-kind contributions of services and 
                        materials;
                            ``(ii) voluntarily donated privately owned 
                        easements;
                            ``(iii) in circumstances described in 
                        subparagraph (B), revenue generated through the 
                        sale of State hunting and fishing licenses; and
                            ``(iv) other sources consistent with part 
                        80 of title 50, Code of Federal Regulations, as 
                        in effect on the date of the enactment of the 
                        America's Wildlife Habitat Conservation Act.
                    ``(B) Circumstances described.--Revenue described 
                in subparagraph (A)(iii) may only be used to fulfill 
                the requirements of such non-Federal fund matching 
                requirement if--
                            ``(i) no Federal funds apportioned to the 
                        State fish and wildlife department of such 
                        State from the Wildlife Restoration Program or 
                        the Sport Fish Restoration Program have been 
                        reverted because of a failure to fulfill such 
                        non-Federal fund matching requirement by such 
                        State during the previous 2 years; and
                            ``(ii) the project or program being funded 
                        benefits the habitat of a species that is a--
                                    ``(I) hunted or fished species; and
                                    ``(II) species of greatest 
                                conservation need.
            ``(9) State land acquisition.--Land acquired by a State, 
        territory, or the District of Columbia using funds apportioned 
        from the Subaccount--
                    ``(A) may only be purchased from a willing seller;
                    ``(B) may only be so acquired for the purposes 
                described in paragraph (5)(A)(iii);
                    ``(C) may only be so acquired when no other source 
                of funding is available to purchase such land; and
                    ``(D) shall be open to the public for wildlife-
                related outdoor recreation, including hunting, 
                trapping, fishing, or recreational shooting to the 
                extent allowed by State law.''.
    (b) Allocation and Apportionment of Available Amounts.--Section 4 
of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is 
amended--
            (1) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) by inserting ``, after deducting the 
                        amount distributed pursuant to section 
                        3(c)(4),'' after ``Secretary of the Interior 
                        shall'';
                            (ii) in subparagraph (A)--
                                    (I) by striking ``to the District 
                                of Columbia and to the Commonwealth of 
                                Puerto Rico, each'' and inserting ``To 
                                the District of Columbia''; and
                                    (II) by striking ``one-half'' and 
                                inserting ``one-fourth'';
                            (iii) in subparagraph (B)--
                                    (I) by striking ``to Guam'' and 
                                inserting ``To Guam''; and
                                    (II) by striking ``not more than 
                                one-fourth of 1 percent'' and inserting 
                                ``not less than one-third of 1 
                                percent''; and
                            (iv) by adding at the end the following:
                    ``(C) To the Commonwealth of Puerto Rico, a sum 
                equal to not less than 1 percent thereof.'';
                    (B) in paragraph (2)(A)--
                            (i) by amending clause (i) to read as 
                        follows:
                    ``(i) half of which is based on the ratio to which 
                the land and water area of such State bears to the 
                total land and water area of all such States;'';
                            (ii) in clause (ii)--
                                    (I) by striking ``two-thirds'' and 
                                inserting ``one-quarter''; and
                                    (II) by striking the period and 
                                inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(iii) one quarter of which is based upon the 
                ratio to which the number of species listed as 
                endangered or threatened under the Endangered Species 
                Act of 1973 in such State bears to the total number of 
                such species listed in all such States.'';
                    (C) by amending paragraph (2)(B) to read as 
                follows:
            ``(B) The amounts apportioned under this paragraph shall be 
        adjusted equitably so that no such State, unless otherwise 
        designated, shall be apportioned a sum which is less than 1 
        percent or more than 5 percent of the amount available for 
        apportionment under--
                    ``(i) subparagraph (A)(i);
                    ``(ii) subparagraph (A)(ii); and
                    ``(iii) the overall amount available for 
                subparagraph (A).''; and
                    (D) in paragraph (3), by striking ``3 percent'' and 
                inserting ``one-third of 1 percent'';
            (2) in subsection (e) in paragraph (3), by striking ``75'' 
        and inserting ``90''; and
            (3) by adding at the end following:
    ``(f) Accountability.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of the America's Wildlife Habitat Conservation 
        Act and every 2 years thereafter until the last day of fiscal 
        year 2029, the head of each State fish and wildlife department 
        shall submit to the Director of the United States Fish and 
        Wildlife Service a report describing, with respect to such 
        department during the preceding 2 years, the following:
                    ``(A) A summary of each activity carried out using 
                funds apportioned from the Subaccount, including--
                            ``(i) an accounting of the administrative 
                        costs associated with each such activity;
                            ``(ii) an accounting of land acquired, if 
                        any, from willing sellers by each State fish 
                        and wildlife department using funds from the 
                        Subaccount, including--
                                    ``(I) the number of acres acquired;
                                    ``(II) the endangered species, 
                                threatened species, candidate species 
                                or species proposed for listing, or 
                                species petitioned for listing under 
                                the Endangered Species Act of 1973 (16 
                                U.S.C. 1531 et seq.) or State law 
                                associated with the land acquired;
                                    ``(III) the justification for such 
                                land acquisition; and
                                    ``(IV) a detailed explanation 
                                regarding why other sources of funding 
                                were not used for the land acquisition; 
                                and
                            ``(iii) the number of acres of habitat 
                        restored, enhanced, created, or conserved by 
                        each such activity.
                    ``(B) A summary of the results and effectiveness of 
                each activity carried out using funds apportioned from 
                the Subaccount, including, if determinable--
                            ``(i) any change in the population trends 
                        of species of greatest conservation need; and
                            ``(ii) any reduction in threats to species 
                        of greatest conservation need.
            ``(2) Summary report.--The Secretary shall, not later than 
        180 days after each deadline for the submission of reports 
        under paragraph (1), submit a report summarizing each report 
        received by the Secretary under paragraph (1) to--
                    ``(A) the Committee on Environment and Public Works 
                of the Senate; and
                    ``(B) the Committee on Natural Resources of the 
                House of Representatives.
            ``(3) State defined.--In this subsection, the term `State' 
        includes the District of Columbia, the Commonwealth of Puerto 
        Rico, Guam, American Samoa, the Commonwealth of the Northern 
        Mariana Islands, and the United States Virgin Islands.''.

SEC. 102. TECHNICAL AMENDMENTS.

    (a) Definitions.--Section 2 of the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669a) is amended--
            (1) in paragraph (7), by striking ``including fish,''; and
            (2) in paragraph (9)--
                    (A) by striking ``section 304(d)'' and inserting 
                ``section 4(e)''; and
                    (B) by inserting ``Indian Tribes,'' before 
                ``wildlife conservation organizations''.
    (b) Conforming Amendments.--The Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669 et seq.) is amended--
            (1) in section 2--
                    (A) by redesignating paragraphs (6) through (11) as 
                paragraphs (7) through (12), respectively;
                    (B) by inserting after paragraph (5) the following:
            ``(6) the term `species of greatest conservation need' 
        means, with respect to funds apportioned to a State, 
        terrestrial, aquatic, or marine fauna or flora that the State 
        fish and wildlife department of such State determines are--
                    ``(A) of low or declining population; or
                    ``(B) facing threats and in need of conservation 
                attention;'';
                    (C) by redesignating paragraphs (8) through (12), 
                as so redesignated by subparagraph (A) of this 
                paragraph, as paragraphs (9) through (13), 
                respectively; and
                    (D) by inserting after paragraph (7) the following:
            ``(8) the term `Subaccount' means the Wildlife Habitat 
        Conservation and Restoration Subaccount established by section 
        3(c)(2)(A);'';
            (2) in section 3--
                    (A) in subsection (c)--
                            (i) in paragraph (10), as so redesignated 
                        by section 101(a)(3) of this Act, by striking 
                        ``or an Indian tribe''; and
                            (ii) in paragraph (11), as so redesignated 
                        by section 101(a)(3) of this Act--
                                    (I) by striking ``Wildlife 
                                Conservation and Restoration Account'' 
                                and inserting ``Subaccount''; and
                                    (II) by striking ``those species 
                                with the greatest conservation need as 
                                defined by the State wildlife 
                                conservation and restoration program'' 
                                and inserting ``species of greatest 
                                conservation need''; and
                    (B) in subsection (d), by striking ``Wildlife 
                Conservation and Restoration Account'' and inserting 
                ``Subaccount'';
            (3) in section 4 (16 U.S.C. 669c)--
                    (A) in subsection (d)--
                            (i) in the heading, by striking ``Wildlife 
                        Conservation and Restoration Account'' and 
                        inserting ``Subaccount''; and
                            (ii) by striking ``Wildlife Conservation 
                        and Restoration Account'' each place it appears 
                        and inserting ``Subaccount''; and
                    (B) in subsection (e)(1), by striking ``Wildlife 
                Conservation and Restoration Account'' and inserting 
                ``Subaccount''; and
            (4) in section 8 (16 U.S.C. 669g), in subsection (a), by 
        striking ``Wildlife Conservation and Restoration Account'' and 
        inserting ``Subaccount''.

SEC. 103. SAVINGS CLAUSE.

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

``SEC. 14. SAVINGS CLAUSE.

    ``(a) In General.--Nothing in this Act may be construed to enlarge 
or diminish the authority, jurisdiction, or responsibility of a State, 
territory, or the District of Columbia to manage, control, or regulate 
fish and wildlife on lands and waters within the State, territory, or 
the District of Columbia including on Federal lands and waters.
    ``(b) No Funds Authorized for Dam Removal or Modification.--None of 
the funds made available under this Act may be used to remove a 
federally owned dam or modify a federally owned dam in a manner that 
reduces storage or diversion capacity.
    ``(c) Prohibition on Land Transfers.--The Federal Government may 
not accept a transfer, donation, or exchange of land or an interest in 
land from a State government, a fish and wildlife department of the 
District of Columbia or a territory, or a regional association of fish 
and wildlife departments if such land or interest in land was purchased 
using funds apportioned under this Act.
    ``(d) Territory Defined.--In this section, the term `territory' has 
the meaning given the term in section 3(c)(1).

``SEC. 15. STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA.

    ``If any conflict arises between any provision of this Act and any 
provision of the Alaska National Interest Lands Conservation Act or the 
Alaska Native Claims Settlement Act, then the provision in the Alaska 
National Interest Lands Conservation Act or the Alaska Native Claims 
Settlement Act shall prevail.''.

         TITLE II--TRIBAL WILDLIFE CONSERVATION AND RESTORATION

SEC. 201. INDIAN TRIBES.

    (a) Definitions.--In this section:
            (1) Account.--The term ``Account'' means the Tribal 
        Wildlife Conservation and Restoration Account established by 
        subsection (b)(1).
            (2) Conservation.--The term ``conservation'' has the 
        meaning given the term in section 2 of the Pittman-Robertson 
        Wildlife Restoration Act (16 U.S.C. 669a).
            (3) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given such term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (4) Restoration.--The term ``restoration'' means the 
        implementation of conservation actions and practices that 
        reestablish or enhance environmental conditions and ecosystem 
        functions that benefit the diversity, resilience, health, and 
        productivity of plants and animals.
            (5) Rewilding.--The term ``rewilding'' means a restoration 
        approach that prohibits human management activities and relies 
        only on natural processes to maintain or improve habitat.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Tribal species of greatest conservation need.--The term 
        ``Tribal species of greatest conservation need'' means, with 
        respect to an Indian Tribe, any terrestrial, aquatic, or marine 
        fauna or flora that such Indian Tribe determines is--
                    (A) of low or declining population,
                    (B) facing threats and in need of conservation 
                attention; or
                    (C) of cultural importance to such Indian Tribe.
            (8) Wildlife.--The term ``wildlife'' means any species of--
                    (A) wild, free-ranging fauna, including fish; and
                    (B) fauna in a captive breeding program the object 
                of which is to reintroduce individuals of a depleted 
                indigenous species into previously occupied range of 
                such species.
    (b) Tribal Wildlife Conservation and Restoration Account.--
            (1) In general.--There is established in the Treasury an 
        account to be known as the ``Tribal Wildlife Conservation and 
        Restoration Account''.
            (2) Availability.--Amounts in the Account shall be 
        available until expended, subject to future appropriations, for 
        each fiscal year for apportionment in accordance with this 
        section.
            (3) Deposits into account.--There is authorized to be 
        appropriated to the Account $20,000,000 for each of fiscal 
        years 2025 through 2029.
            (4) Sunset.--No funds may be appropriated to the Account 
        after fiscal year 2029.
    (c) Distribution of Amounts to Indian Tribes.--Each fiscal year, 
the Secretary shall distribute amounts in the Account through a 
noncompetitive grant program according to guidelines, criteria, and 
reporting requirements determined by the Secretary, acting through the 
Director of the Bureau of Indian Affairs, in consultation with Indian 
Tribes.
    (d) Wildlife Management Responsibilities.--
            (1) In general.--The distribution guidelines and criteria 
        described in subsection (c) shall be based, in part, upon the 
        wildlife management responsibilities of an Indian Tribe.
            (2) Indian tribes in alaska.--
                    (A) In general.--Any amounts allocated to an Indian 
                Tribe in Alaska under this section may only be used in 
                a manner consistent with the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1601 et seq.), the Alaska 
                National Interest Lands Conservation Act (16 U.S.C. 
                3101 et seq.), and Public Law 85-508 (commonly known as 
                the ``Alaska Statehood Act'') (48 U.S.C. note prec. 
                21).
                    (B) Cooperative agreements.--An Indian Tribe in 
                Alaska may enter into a cooperative agreement with the 
                State of Alaska regarding a conservation project of 
                mutual concern.
    (e) Use of Amounts.--
            (1) In general.--Except as provided in paragraph (2), 
        amounts distributed to an Indian Tribe under subsection (c)--
                    (A) shall be used for purposes consistent with 
                section 2;
                    (B) shall be used to carry out, develop, or enhance 
                wildlife and habitat conservation and restoration 
                programs;
                    (C) shall be used to assist in the restoration of 
                habitat for species found in the lands and waters of 
                such Tribe that are listed as endangered species, 
                threatened species, candidate species or species 
                proposed for listing, or species petitioned for listing 
                under the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.), or under State or Tribal law;
                    (D) may be used for management of animals, 
                including harvesting;
                    (E) may be used for the conservation and 
                restoration of habitat for Tribal species of greatest 
                conservation need whose range is shared with another 
                State, territory, Indian Tribe, or foreign government;
                    (F) may be used to manage, control, and prevent 
                invasive species, disease, and other risks to the 
                habitat of Tribal species of greatest conservation 
                need; and
                    (G) may be used for forest and vegetation 
                management activities if the primary purpose of such 
                activity is to modify, improve, enhance, or create 
                wildlife habitat or reduce the risk of damage or 
                destruction to wildlife habitat due to wildfires, 
                insects, or disease, including--
                            (i) planting, seeding, and harvesting;
                            (ii) mechanical thinning;
                            (iii) prescribed burning;
                            (iv) chemical applications designed to 
                        restore natural range of variation including 
                        creating and maintaining early seral 
                        communities; and
                            (v) prescribed haying and grazing 
                        practices.
            (2) Prohibited uses.--Amounts distributed to an Indian 
        Tribe under subsection (c) may not be used for--
                    (A) rewilding; or
                    (B) the reintroduction or management of a species 
                in a manner not supported by the applicable Tribal fish 
                and wildlife management authorities.
    (f) Matching Requirement.--With respect to any grant issued under 
subsection (c) that exceeds $100,000, the Federal share of total costs 
of the project funded through such grant may not exceed 90 percent.
    (g) Public Access Not Required.--Amounts distributed to an Indian 
Tribe under subsection (c) shall not be conditioned upon the provision 
of public or non-Tribal access to Tribal or private lands, waters, or 
holdings.
    (h) Administrative Costs.--Of the amounts deposited under 
subsection (b)(3) for each fiscal year, not more than 3 percent shall 
be used by the Secretary for administrative costs.
    (i) Accountability.--
            (1) Tribal reports.--Not later than the last day of fiscal 
        year 2029, each Indian Tribe that receives funds under this 
        section shall submit to the Director of the Bureau of Indian 
        Affairs a report describing, with respect to such Indian Tribe 
        during the preceding 5 years, the following:
                    (A) A summary of each activity carried out using 
                funding received under subsection (c), including--
                            (i) an accounting of the administrative 
                        costs associated with each such activity; and
                            (ii) the number of acres of habitat 
                        restored, enhanced, or conserved by each such 
                        activity.
                    (B) A summary of the results and effectiveness of 
                each activity carried out using funding received under 
                subsection (c), including, if determinable--
                            (i) any change in the population trends of 
                        species of greatest conservation need; and
                            (ii) any reduction in threats to species of 
                        greatest conservation need.
            (2) Summary report.--The Director of the Bureau of Indian 
        Affairs shall, not later than 180 days after each deadline for 
        the submission of reports under paragraph (1), submit a report 
        summarizing each report received by the Director under 
        paragraph (1) to--
                    (A) the Committee on Environment and Public Works 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
    (j) Savings Clause.--Nothing in this section may be construed as 
modifying or abrogating a treaty with any Indian Tribe, or as enlarging 
or diminishing the authority, jurisdiction, or responsibility of an 
Indian Tribe to manage, control, or regulate wildlife.
    (k) Statutory Construction With Respect to Alaska.--If any conflict 
arises between any provision of this section and any provision of the 
Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et 
seq.) or the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
seq.), then the provision in the Alaska National Interest Lands 
Conservation Act or the Alaska Native Claims Settlement Act shall 
prevail.

      TITLE III--CONSERVATION AND MANAGEMENT FOR WILDLIFE REFUGES

SEC. 301. DEFINITIONS.

    In this title:
            (1) Authorized recreation services.--The term ``authorized 
        recreation services'' means similar and complementary 
        recreation enhancement or improvement services carried out--
                    (A) on Federal land, non-Federal land, and land 
                owned by or held in trust for an Indian Tribe; and
                    (B) by the Secretary, a Governor, or a county, as 
                applicable, pursuant to a good neighbor agreement.
            (2) Authorized restoration services.--The term ``authorized 
        restoration services'' means similar and complementary forest, 
        rangeland, and watershed restoration services--
                    (A) carried out--
                            (i) on land administered by the United 
                        States Fish and Wildlife Service, non-Federal 
                        land, and land owned by an Indian Tribe; and
                            (ii) by the Secretary, a Governor, an 
                        Indian Tribe, or a county; and
                    (B) in the case of forest, rangeland, and watershed 
                restoration services carried out on land administered 
                by the United States Fish and Wildlife Service, such 
                services shall be consistent with the purposes for 
                which such lands were established.
            (3) County.--The term ``county'' means--
                    (A) the appropriate executive official of an 
                affected county or parish; or
                    (B) in any case in which multiple counties or 
                parishes are affected, the appropriate executive 
                official of a compact of the affected counties or 
                parishes.
            (4) Forest, rangeland, and watershed restoration 
        services.--
                    (A) The term ``forest, rangeland, and watershed 
                restoration services'' means an activity--
                            (i) to reduce hazardous fuels;
                            (ii) to restore or improve fish, wildlife, 
                        and their habitats;
                            (iii) to remove vegetation or other 
                        activities to promote healthy forest structure 
                        and composition;
                            (iv) to treat insect- or disease-infected 
                        trees;
                            (v) to control noxious or exotic weeds;
                            (vi) to reestablish native plant species; 
                        or
                            (vii) to maintain a road or trail to 
                        restore or maintain water quality.
                    (B) The term ``forest, rangeland, and watershed 
                restoration services'' does not include--
                            (i) construction, reconstruction, repair, 
                        or restoration of paved roads or parking areas, 
                        other than--
                                    (I) activities described in 
                                subparagraph (A)(vii); or
                                    (II) the reconstruction, repair, or 
                                restoration of a National Wildlife 
                                Refuge System road or other road on 
                                United States Fish and Wildlife Service 
                                land that is necessary to carry out 
                                authorized restoration services 
                                pursuant to a good neighbor agreement; 
                                or
                            (ii) construction, alteration, repair, or 
                        replacement of public buildings or works.
            (5) Good neighbor agreement.--The term ``good neighbor 
        agreement'' means an agreement or contract authorized by 
        section 302(a).
            (6) Governor.--The term ``Governor'' means the Governor or 
        any other appropriate executive official of an affected State 
        or a territory or possession of the United States.
            (7) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given such term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (8) Recreation enhancement or improvement services.--The 
        term ``recreation enhancement or improvement services'' means--
                    (A) establishing, repairing, restoring, improving, 
                relocating, constructing, or reconstructing new or 
                existing--
                            (i) trails or trailheads;
                            (ii) shooting ranges;
                            (iii) paved or permanent roads or parking 
                        areas that serve existing recreation facilities 
                        or areas;
                            (iv) fishing piers, wildlife viewing 
                        platforms, docks, or other constructed features 
                        at a recreation site;
                            (v) boat landings;
                            (vi) hunting or fishing sites; or
                            (vii) levees and drainage structures to 
                        improve wetland habitat; and
                    (B) activities that create, improve, or restore 
                access to existing recreation facilities or areas.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 302. GOOD NEIGHBOR AUTHORITY FOR THE UNITED STATES FISH AND 
              WILDLIFE SERVICE.

    (a) In General.--The Secretary may enter into a cooperative 
agreement or contract with a Governor, an Indian Tribe, or a county to 
carry out authorized restoration services or authorized recreation 
services.
    (b) Approval of Forest, Rangeland, and Watershed Restoration 
Services.--The Secretary shall provide or approve any forest, 
rangeland, and watershed services to be carried out on land 
administered by the United States Fish and Wildlife Service under this 
section.
    (c) Restoration Activities Requiring Timber Sales.--
            (1) Approval of silviculture prescriptions and marking 
        guides.--The Secretary shall provide or approve all 
        silviculture prescriptions and marking guides to be applied on 
        Federal land in all timber sale projects conducted under this 
        section.
            (2) Treatment of revenue.--Funds received from the sale of 
        timber by a Governor, an Indian Tribe, or a county under a good 
        neighbor agreement shall be retained and used by the Governor, 
        Indian Tribe, or county, as applicable--
                    (A) to carry out authorized restoration services or 
                authorized recreation services on Federal land under 
                the good neighbor agreement; and
                    (B) if there are funds remaining after carrying out 
                authorized restoration services or authorized 
                recreation services under subparagraph (A), to carry 
                out authorized restoration services or authorized 
                recreation services on Federal land within the State 
                under other good neighbor agreements.
    (d) Retention of National Environmental Protection Act of 1969 
Responsibilities.--Any decision required to be made under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect 
to any authorized restoration services or authorized recreation 
services to be conducted under this section on land administered by the 
United States Fish and Wildlife Service may not be delegated to a 
Governor, an Indian Tribe, or county.
    (e) Public Availability.--The Secretary shall make each good 
neighbor agreement available to the public.
    (f) Exclusions.--The authority provided by this section does not 
apply to--
            (1) a component of the National Wilderness Preservation 
        System;
            (2) land on which the removal of vegetation is prohibited 
        or restricted by an Act of Congress or a Presidential 
        proclamation (including the applicable implementation plan) and 
        for which there is no authority to otherwise manage or permit 
        such actions consistent with the purposes for which the lands 
        were established; or
            (3) a wilderness study area.

SEC. 303. STEWARDSHIP END RESULT CONTRACTING PROJECTS.

    (a) In General.--The Secretary may enter into an agreement or 
contract with a private person or other public or private entity to 
perform forest, rangeland, and watershed restoration services that are 
consistent with the purposes for which the United States Fish and 
Wildlife Service lands that are the subject of the agreement were 
established and local and rural community needs.
    (b) Agreements or Contracts.--
            (1) Procurement procedure.--A source for performance or an 
        agreement or contract entered into under subsection (a) shall 
        be selected on a best-value basis, including consideration of 
        source under other public and private agreements or contracts.
            (2) Contract for sale of forest products.--A contract 
        entered into under this section may, at the discretion of the 
        Secretary, be considered a contract for the sale of forest 
        products under such terms as the Secretary may prescribe 
        without regard to any other provision of law.
            (3) Term.--The Secretary may enter into an agreement or 
        contract under subsection (a) for an initial period of not more 
        than 20 years.
            (4) Offsets.--
                    (A) In general.--The Secretary may apply the value 
                of forest products removed as an offset against the 
                cost of forest, rangeland, and watershed restoration 
                services received pursuant to an agreement or contract 
                under this section.
                    (B) Value of offset.--The value of timber or other 
                forest products used as an offset--
                            (i) shall be determined using appropriate 
                        methods of appraisal commensurate with the 
                        quantity of products to be removed; and
                            (ii) may--
                                    (I) be determined using a unit of 
                                measure appropriate to the contracts; 
                                and
                                    (II) may include valuing products 
                                on a per-acre basis.
                    (C) Contracting officer.--Notwithstanding any other 
                provision of law, the Secretary may determine the 
                appropriate contracting officer to enter into and 
                administer an agreement or contract under this section.
    (c) Receipts.--
            (1) In general.--The Secretary may collect monies from an 
        agreement or contract under this section if the collection is a 
        secondary objective of negotiating the contract that will best 
        achieve the purpose of this section.
            (2) Disposition and availability of moneys.--Monies from an 
        agreement or contract under this section shall remain available 
        until expended for forest, rangeland, and watershed restoration 
        services at the project site from which the monies are 
        collected, or at another project site.
    (d) Relation to Other Laws.--Notwithstanding any other provision of 
law, the value of services received by the Secretary under a 
stewardship contract project conducted under this section, and any 
payments made or resources provided by the contractor or Secretary, 
shall not be considered monies received from United States Fish and 
Wildlife Service lands.
    (e) Costs of Removal.--Notwithstanding the fact that a contractor 
did not harvest the timber, the Secretary may collect deposits from a 
contractor covering the costs of removal of timber or other forest 
products.
    (f) Performance and Payment Guarantees.--
            (1) In general.--The Secretary may require performance and 
        payment bonds under sections 28.103-2 and 28.103-3 of the 
        Federal Acquisition Regulation, in an amount that the 
        contracting officer considers sufficient to protect the 
        investment in receipts by the Federal Government generated by 
        the contractor from the estimated value of the forest products 
        to be removed under a contract under this section.
            (2) Excess offset value.--If the offset value of the forest 
        products exceeds the value of the resource improvement 
        treatments, the Secretary may--
                    (A) use the excess to satisfy any outstanding 
                liabilities from cancelled agreements or contracts; or
                    (B) if there are no outstanding liabilities 
                described in subparagraph (A), apply the excess to 
                other authorized stewardship projects.
    (g) Cancellation Ceilings.--Notwithstanding section 3903(b)(1) of 
title 41, United States Code, the Secretary may obligate funds in 
stages that are economically or programmatically viable to cover any 
potential cancellation or termination costs for an agreement or 
contract under this section.
    (h) Monitoring and Evaluation.--
            (1) In general.--The Secretary shall establish a monitoring 
        and evaluation process that accesses the stewardship 
        contracting projects conducted under this section.
            (2) Participants.--Other than the Secretary, participants 
        in the process described in this paragraph may include--
                    (A) any cooperating governmental agencies, 
                including Tribal governments; and
                    (B) other interested groups or individuals.

     TITLE IV--INCENTIVIZING WILDLIFE CONSERVATION ON PRIVATE LANDS

SECTION 401. CANDIDATE CONSERVATION AGREEMENTS WITH ASSURANCES.

    (a) Listing Determinations.--Section 4(b)(1) of the Endangered 
Species Act of 1973 (16 U.S.C. 1533(b)(1)) is amended by adding at the 
end the following:
            ``(C) Candidate conservation agreements with assurances.--
        In making a determination under subsection (a)(1) with respect 
        to a species, the Secretary shall take into account the net 
        conservation benefit (as that term is defined in section 10(k)) 
        of any Candidate Conservation Agreement with Assurances or any 
        programmatic Candidate Conservation Agreement with Assurances 
        (as those terms are defined in that subsection) relating to 
        such species.''.
    (b) Candidate Conservation Agreements With Assurances.--Section 10 
of the Endangered Species Act of 1973 (16 U.S.C. 1539) is amended by 
adding at the end the following:
    ``(k) Candidate Conservation Agreements With Assurances.--
            ``(1) Proposed agreement.--A covered party may submit a 
        proposed Agreement to the Secretary.
            ``(2) Approval.--Not later than 120 days after the date of 
        the receipt of a proposed Agreement under paragraph (1), the 
        Secretary shall approve the proposed Agreement if the Secretary 
        determines that the proposed Agreement--
                    ``(A) sets forth specific management activities 
                that the covered party will undertake to conserve the 
                covered species;
                    ``(B) provides a positive estimate of the net 
                conservation benefit of such management activities to 
                the covered species;
                    ``(C) requires the Director of the United States 
                Fish and Wildlife Service to determine, to the maximum 
                extent practicable, the existing population levels of 
                the covered species or the existing quality of habitat;
                    ``(D) includes a monitoring plan to be carried out 
                by the parties to the Agreement; and
                    ``(E) provides assurances to the covered party that 
                no additional conservation measures will be required 
                and additional land, water, or resource use 
                restrictions will not be imposed on the covered party 
                if the covered species becomes listed after the 
                effective date of such Agreement.
            ``(3) Denial.--Not later than 120 days after the date of 
        the receipt of a proposed Agreement under paragraph (1), the 
        Secretary shall--
                    ``(A) deny the proposed Agreement if the Secretary 
                determines that the proposed Agreement does not meet 
                the requirements described in paragraph (2); and
                    ``(B) provide the submitting covered party a 
                written explanation for such determination and the 
                adjustments required for the Secretary to approve such 
                proposed Agreement.
            ``(4) Programmatic candidate conservation agreement with 
        assurances.--
                    ``(A) In general.--The Secretary, acting through 
                the Director of the United States Fish and Wildlife 
                Service, may enter into a Candidate Conservation 
                Agreement with Assurances with a covered party that 
                authorizes such covered party--
                            ``(i) to administer such Candidate 
                        Conservation Agreement with Assurances;
                            ``(ii) to hold any permit issued under this 
                        section with regard to such Candidate 
                        Conservation Agreement with Assurances;
                            ``(iii) to enroll other covered parties 
                        within the area covered by such Candidate 
                        Conservation Agreement with Assurances in such 
                        Candidate Conservation Agreement with 
                        Assurances; and
                            ``(iv) to convey any permit authorization 
                        held by such covered party under clause (ii) to 
                        each covered party enrolled under clause (iii).
                    ``(B) Publication.--Upon receipt of a proposed 
                programmatic Candidate Conservation Agreement with 
                Assurances under paragraph (1) and before approving or 
                denying such a proposed programmatic Candidate 
                Conservation Agreement with Assurances under paragraph 
                (2) or (3), respectively, the Secretary shall--
                            ``(i) not later than 30 days after the date 
                        of such receipt, publish the proposed 
                        programmatic Candidate Conservation Agreement 
                        with Assurances in the Federal Register for 
                        public comment for a period of not less than 60 
                        days;
                            ``(ii) review any comments received under 
                        clause (i); and
                            ``(iii) after the close of the public 
                        comment period for the proposed programmatic 
                        Candidate Conservation Agreement with 
                        Assurances, publish in the Federal Register--
                                    ``(I) any comments received under 
                                clause (i); and
                                    ``(II) the approval or denial of 
                                the proposed programmatic Candidate 
                                Conservation Agreement with Assurances 
                                under paragraph (2) or (3), 
                                respectively.
            ``(5) Incidental take authorization.--If a covered species 
        is listed under section 4, the Secretary shall issue a permit 
        to the relevant covered party under this section allowing 
        incidental take of and modification to the habitat of such 
        covered species consistent with the Agreement.
            ``(6) Technical assistance.--The Secretary shall, upon 
        request, provide a covered party with technical assistance in 
        developing a proposed Agreement.
            ``(7) Request by federal agency to join agreement.--A 
        Federal agency may, subject to the consent of the relevant 
        covered party, join the Agreement of a covered party that 
        conducts activities on land administered by the Federal agency 
        pursuant to a permit or lease issued to the covered party.
            ``(8) Exemption from consultation requirement.--An 
        Agreement approved under this subsection shall be deemed to 
        have been granted an exemption under section 7(h) for the 
        purposes of that section.
            ``(9) Exemption from disclosure.--Information submitted by 
        a private party to the Secretary under this subsection shall be 
        exempt from disclosure under section 552(b)(3)(B) of title 5, 
        United States Code.
            ``(10) Definitions.--In this subsection:
                    ``(A) Agreement.--The term `Agreement' means--
                            ``(i) a Candidate Conservation Agreement 
                        with Assurances; or
                            ``(ii) a programmatic Candidate 
                        Conservation Agreement with Assurances.
                    ``(B) Candidate conservation agreement with 
                assurances.--The term `Candidate Conservation Agreement 
                with Assurances' means a voluntary agreement between 
                the Secretary, acting through the Director of the 
                United States Fish and Wildlife Service, and a covered 
                party in which--
                            ``(i) the covered party commits to 
                        implementing mutually agreed upon conservation 
                        measures for a candidate species; and
                            ``(ii) the Secretary provides assurances 
                        that, if such candidate species is listed 
                        pursuant to section 4--
                                    ``(I) the covered party shall incur 
                                no additional obligations beyond 
                                actions agreed to in the agreement with 
                                respect to conservation activities 
                                required under this Act; and
                                    ``(II) no additional land, water, 
                                or resource use restrictions shall be 
                                imposed on the covered party beyond 
                                those included in the agreement.
                    ``(C) Candidate species.--The term `candidate 
                species' means a species--
                            ``(i) designated by the Secretary as a 
                        candidate species under this Act; or
                            ``(ii) proposed to be listed pursuant to 
                        section 4.
                    ``(D) Covered party.--The term `covered party' 
                means a--
                            ``(i) party that conducts activities on 
                        land administered by a Federal agency pursuant 
                        to a permit or lease issued to the party;
                            ``(ii) private property owner;
                            ``(iii) county;
                            ``(iv) State or State agency;
                            ``(v) Federal agency; or
                            ``(vi) Tribal government.
                    ``(E) Covered species.--The term `covered species' 
                means, with respect to an Agreement, the species that 
                is the subject of such Agreement.
                    ``(F) Net conservation benefit.--The term `net 
                conservation benefit' means the net effect of an 
                Agreement, determined by comparing the situation of the 
                candidate species without the Agreement in effect and a 
                situation in which the Agreement is in effect, on a 
                candidate species, including--
                            ``(i) the net effect on threats to such 
                        species;
                            ``(ii) the net effect on the number of 
                        individuals of such species; and
                            ``(iii) the net effect on the habitat of 
                        such species.
                    ``(G) Programmatic candidate conservation agreement 
                with assurances.--The term `programmatic Candidate 
                Conservation Agreement with Assurances' means a 
                Candidate Conservation Agreement with Assurances 
                described in paragraph (4)(A).''.

SEC. 402. DESIGNATION OF CRITICAL HABITAT.

    Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(a)(3)) is amended by adding at the end the following:
            ``(C) Privately owned or controlled land.--The Secretary 
        may not designate as critical habitat under subparagraph (A) 
        any privately owned or controlled land or other geographical 
        area that is subject to a land management plan that--
                    ``(i) the Secretary determines is similar in nature 
                to an integrated natural resources management plan 
                described in section 101 of the Sikes Act (16 U.S.C. 
                670a);
                    ``(ii)(I) is prepared in cooperation with the 
                Secretary and the head of each applicable State fish 
                and wildlife agency of each State in which such land or 
                other geographical area is located; or
                    ``(II) is submitted to the Secretary in a manner 
                that is similar to the manner in which an applicant 
                submits a conservation plan to the Secretary under 
                section 10(a)(2)(A);
                    ``(iii) includes an activity or a limitation on an 
                activity that the Secretary determines will likely 
                conserve the species concerned;
                    ``(iv) the Secretary determines will result in--
                            ``(I) an increase in the population of the 
                        species concerned above the population of such 
                        species on the date that such species is listed 
                        as threatened or endangered; or
                            ``(II) maintaining the same population of 
                        such species on the land or other geographical 
                        area as the population that would likely occur 
                        if such land or other geographical area is 
                        designated as critical habitat; and
                    ``(v) to the maximum extent practicable, will 
                minimize and mitigate the impacts of any activity that 
                will likely result in an incidental taking of the 
                species concerned.''.

SEC. 403. PRIVATE LAND.

    (a) In General.--Except as provided in subsection (b), information 
regarding the occurrence of, including the specific location of, a 
species of fish or wildlife or plant on privately owned or controlled 
land may not be made available to the public under section 552 of title 
5, United States Code.
    (b) Exception.--
            (1) In general.--The Secretary may make publicly available 
        information described in subsection (a) upon receipt of a 
        written request submitted by--
                    (A)(i) a Federal agency;
                    (ii) a State governmental agency; or
                    (iii) a bona fide educational or research 
                institution; and
                    (B) the private party concerned.
            (2) Requirements.--A written request submitted under 
        paragraph (1) shall--
                    (A) describe the specific site or area for which 
                information described in subsection (a) is sought;
                    (B) explain the purpose for which such information 
                is sought; and
                    (C) include assurances sufficient to satisfy the 
                Secretary that the confidentiality of such information 
                will be protected.

                   TITLE V--FOREST INFORMATION REFORM

SEC. 501. NO ADDITIONAL CONSULTATION REQUIRED.

    (a) Forest Service Plans.--Section 6(d)(2) of the Forest and 
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
1604(d)(2)) is amended to read as follows:
            ``(2) No additional consultation required under certain 
        circumstances.--Notwithstanding any other provision of law, the 
        Secretary shall not be required to reinitiate consultation 
        under section 7(a)(2) of the Endangered Species Act of 1973 (16 
        U.S.C. 1536(a)(2)) or section 402.16 of title 50, Code of 
        Federal Regulations (or a successor regulation), on a land 
        management plan approved, amended, or revised under this 
        section when a species is listed, critical habitat is 
        designated, or new information concerning a listed species or 
        critical habitat becomes available.''.
    (b) Bureau of Land Management Plans.--Section 202 of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1712) is amended by 
adding at the end the following:
    ``(g) No Additional Consultation Required Under Certain 
Circumstances.--Notwithstanding any other provision of law, the 
Secretary shall not be required to reinitiate consultation under 
section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 
1536(a)(2)) or section 402.16 of title 50, Code of Federal Regulations 
(or a successor regulation), on a land use plan approved, amended, or 
revised under this section when a species is listed, critical habitat 
is designated, or new information concerning a listed species or 
critical habitat becomes available.''.

  TITLE VI--PROVIDING FOR GREATER INCENTIVES TO RECOVER LISTED SPECIES

SEC. 601. PROTECTIVE REGULATIONS UNDER ENDANGERED SPECIES ACT OF 1973.

    (a) Amendment to Definition.--Section 3(3) of the Endangered 
Species Act of 1973 (16 U.S.C. 1532(3)) is amended by striking ``and 
transplantation, and, in the extraordinary case where population 
pressures within a given ecosystem cannot be otherwise relieved, may 
include'' and inserting ``transplantation, and, at the discretion of 
the Secretary,''.
    (b) Protective Regulations.--Section 4 of the Endangered Species 
Act of 1973 (16 U.S.C. 1533) is amended--
            (1) in subsection (d), to read as follows:
    ``(d) Protective Regulations.--
                    ``(1) In general.--Whenever any species is listed 
                as a threatened species pursuant to subsection (c), the 
                Secretary shall issue such regulations as are necessary 
                and advisable to provide for the conservation of that 
                species.
                    ``(2) Recovery goals.--If the Secretary issues a 
                regulation under paragraph (1) that prohibits an act 
                described in section 9(a), the Secretary shall, with 
                respect to the species that is the subject of such 
                regulation--
                            ``(A) establish objective, incremental 
                        recovery goals;
                            ``(B) provide for the stringency of such 
                        regulation to decrease as such recovery goals 
                        are met; and
                            ``(C) provide for State management within 
                        such State, if such State is willing to take on 
                        such management, beginning on the date on which 
                        the Secretary determines all such recovery 
                        goals are met and, if such recovery goals 
                        remain met, continuing until such species is 
                        removed from the list of threatened species 
                        published pursuant to subsection (c).
                    ``(3) Cooperative agreement.--A regulation issued 
                under paragraph (1) that prohibits an act described in 
                section 9(a)(1) with respect to a resident species 
                shall apply with respect to a State that has entered 
                into a cooperative agreement with the Secretary 
                pursuant to section 6(c) only to the extent that such 
                regulation is adopted by such State.
                    ``(4) State recovery strategy.--
                            ``(A) In general.--A State may develop a 
                        recovery strategy for a threatened species or a 
                        candidate species and submit to the Secretary a 
                        petition for the Secretary to use such recovery 
                        strategy as the basis for any regulation issued 
                        under paragraph (1) with respect to such 
                        species within such State.
                            ``(B) Approval or denial of petition.--Not 
                        later than 120 days after the date on which the 
                        Secretary receives a petition submitted under 
                        subparagraph (A), the Secretary shall--
                                    ``(i) approve such petition if the 
                                recovery strategy is reasonably certain 
                                to be implemented by the petitioning 
                                State and to be effective in conserving 
                                the species that is the subject of such 
                                recovery strategy; or
                                    ``(ii) deny such petition if the 
                                requirements described in clause (i) 
                                are not met.
                            ``(C) Publication.--Not later than 30 days 
                        after the date on which the Secretary approves 
                        or denies a petition under subparagraph (B), 
                        the Secretary shall publish such approval or 
                        denial in the Federal Register.
                            ``(D) Denial of petition.--
                                    ``(i) Written explanation.--If the 
                                Secretary denies a petition under 
                                subparagraph (B), the Secretary shall 
                                include in such denial a written 
                                explanation for such denial, including 
                                a description of the changes to such 
                                petition that are necessary for the 
                                Secretary to approve such petition.
                                    ``(ii) Resubmission of denied 
                                petition.--A State may resubmit a 
                                petition that is denied under 
                                subparagraph (B).
                            ``(E) Use in protective regulations.--If 
                        the Secretary approves a petition under 
                        subparagraph (B), the Secretary shall--
                                    ``(i) issue a regulation under 
                                paragraph (1) that adopts the recovery 
                                strategy as such regulation with 
                                respect to the species that is the 
                                subject of such recovery strategy 
                                within the petitioning State; and
                                    ``(ii) establish objective criteria 
                                to evaluate the effectiveness of such 
                                recovery strategy in conserving such 
                                species within such State.
                            ``(F) Revision.--If a recovery strategy 
                        that is adopted as a regulation issued under 
                        paragraph (1) is determined by the Secretary to 
                        be ineffective in conserving the species that 
                        is the subject of such recovery strategy in 
                        accordance with the objective criteria 
                        established under subparagraph (E)(ii) for such 
                        recovery strategy, the Secretary shall revise 
                        such regulation and reissue such regulation in 
                        accordance with paragraph (1).''; and
            (2) in subsection (f)(1)(B)--
                    (A) in clause (ii), by striking ``and'' at the end;
                    (B) in clause (iii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(iv) with respect to an endangered species, 
                objective, incremental recovery goals in accordance 
                with subsection (d)(2)(A) for use under that subsection 
                if such endangered species is changed in status from an 
                endangered species to a threatened species under 
                subsection (c)(2)(B)(ii).''.

                   TITLE VII--RESCISSIONS AND REPEALS

SEC. 701. RESCISSION OF FUNDS.

    (a) In General.--Any unobligated covered funds are hereby 
rescinded.
    (b) Covered Funds Defined.--In this section, the term ``covered 
funds'' means--
            (1) any funds appropriated or otherwise made available by 
        sections 40002, 50232, 60401, and 60402 of Public Law 117-169 
        (commonly known as the ``Inflation Reduction Act'');
            (2) $700,000,000 of the $2,600,000,000 appropriated to the 
        National Oceanic and Atmospheric Administration in section 
        40001 of Public Law 117-169 (commonly known as the ``Inflation 
        Reduction Act'');
            (3) $700,000,000 of the $3,200,000,000 appropriated to the 
        ``Bureau of Reclamation--Water and Related Resources'' account 
        in the Infrastructure Investment and Jobs Act (Public Law 117-
        58) for transfer into the Aging Infrastructure Account 
        established by section 9603(d)(1) of the Omnibus Public Land 
        Management Act of 2009 (43 U.S.C. 510b(d)(1)); and
            (4) $50,000,000 of the $250,000,000 appropriated to the 
        ``Bureau of Reclamation--Water and Related Resources'' account 
        in the Infrastructure Investment and Jobs Act (Public Law 117-
        58) for design, study, and construction of aquatic ecosystem 
        restoration and protection projects in accordance with section 
        1109 of division FF of the Consolidated Appropriations Act, 
        2021 (Public Law 116-260).

SEC. 702. REPEAL OF CERTAIN PROGRAMS.

    The following sections of division AA of the Consolidated 
Appropriations Act, 2021 (Public Law 116-260) are repealed:
            (1) Section 507 (16 U.S.C. 4701 note).
            (2) Section 508 (16 U.S.C. 742b note).
            (3) Section 510 (16 U.S.C. 742b note).
                                 <all>