[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3791 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3791

  To reauthorize the America's Conservation Enhancement Act, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 8 (legislative day, February 7), 2024

  Mr. Carper (for himself, Mrs. Capito, Mr. Cardin, Mr. Boozman, Mr. 
 Padilla, Mr. Wicker, Mr. Whitehouse, Mr. Mullin, and Mr. Van Hollen) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To reauthorize the America's Conservation Enhancement Act, 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 Reauthorization Act of 2024''.
    (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. Losses of livestock due to depredation by federally protected 
                            species.
Sec. 102. Black vulture livestock protection program.
Sec. 103. Chronic Wasting Disease Task Force.
Sec. 104. Protection of water, oceans, coasts, and wildlife from 
                            invasive species.
Sec. 105. North American Wetlands Conservation Act.
Sec. 106. National Fish and Wildlife Foundation Establishment Act.
Sec. 107. Modification of definition of sport fishing equipment under 
                            TSCA.
Sec. 108. Chesapeake Bay Program.
Sec. 109. Chesapeake Bay Initiative Act of 1998.
Sec. 110. Chesapeake Watershed Investments for Landscape Defense.
   TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS

Sec. 201. National Fish Habitat Board.
Sec. 202. Fish Habitat Partnerships.
Sec. 203. Fish habitat conservation projects.
Sec. 204. Technical and scientific assistance.
Sec. 205. Accountability and reporting.
Sec. 206. Funding.
Sec. 207. Technical correction.

         TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION

SEC. 101. LOSSES OF LIVESTOCK DUE TO DEPREDATION BY FEDERALLY PROTECTED 
              SPECIES.

    Section 102(d) of the America's Conservation Enhancement Act (7 
U.S.C. 8355(d)) is amended, in the matter preceding paragraph (1), by 
striking ``2025'' and inserting ``2030''.

SEC. 102. BLACK VULTURE LIVESTOCK PROTECTION PROGRAM.

    Section 103 of the America's Conservation Enhancement Act (7 U.S.C. 
8356) is amended--
            (1) in the section heading, by inserting ``; black vulture 
        livestock protection program'' after ``common ravens'';
            (2) by redesignating subsections (a) through (c) as 
        paragraphs (1) through (3), respectively, and indenting 
        appropriately;
            (3) in each of paragraphs (2) and (3) (as so redesignated), 
        by striking ``subsection (a)'' and inserting ``paragraph (1)'';
            (4) by inserting before paragraph (1) (as so redesignated) 
        the following:
    ``(a) Depredation Permits for Black Vultures and Common Ravens.--
''; and
            (5) by adding at the end the following:
    ``(b) Black Vulture Livestock Protection Program.--
            ``(1) In general.--The Secretary, in coordination with 
        States, shall carry out, through fiscal year 2030, a black 
        vulture livestock protection program (referred to in this 
        subsection as the `program') that allows 1 public entity per 
        State to hold a statewide depredation permit to protect 
        commercial agriculture livestock from black vulture predation.
            ``(2) Requirements.--Each public entity that holds a 
        depredation permit under the program--
                    ``(A) shall--
                            ``(i) demonstrate sufficient experience and 
                        capacity to provide government regulated 
                        services to the public, as determined by the 
                        Secretary;
                            ``(ii) submit a complete depredation permit 
                        application, as determined by the Secretary, 
                        for review and approval according to procedures 
                        of the United States Fish and Wildlife Service;
                            ``(iii) be responsible for complying with, 
                        and ensuring subpermittee compliance with, as 
                        applicable, all permit conditions; and
                            ``(iv) be responsible for collecting, 
                        managing, and reporting required information 
                        under the permit; and
                    ``(B) may subpermit to livestock producers to take 
                black vultures for the purposes of livestock 
                protection.
            ``(3) Study.--The Secretary, in consultation with the 
        Secretary of Agriculture, acting through the Administrator of 
        the Animal and Plant Health Inspection Service, shall carry out 
        a study on whether prescribed take levels of black vultures may 
        be increased for subpermittees within a biologically 
        sustainable take level for the population.
            ``(4) Report.--Not later than 1 year after the date of 
        enactment of the America's Conservation Enhancement 
        Reauthorization Act of 2024, the Secretary, in consultation 
        with the Secretary of Agriculture, acting through the 
        Administrator of the Animal and Plant Health Inspection 
        Service, shall submit to the Chair and Ranking Member of the 
        Committee on Environment and Public Works of the Senate and the 
        Chair and Ranking Member of the Committee on Natural Resources 
        of the House of Representatives a report on the status of the 
        program, including the results of the study required under 
        paragraph (3).''.

SEC. 103. CHRONIC WASTING DISEASE TASK FORCE.

    Section 104(d)(1) of the America's Conservation Enhancement Act (16 
U.S.C. 667h(d)(1)) is amended by striking ``2025'' and inserting 
``2030''.

SEC. 104. PROTECTION OF WATER, OCEANS, COASTS, AND WILDLIFE FROM 
              INVASIVE SPECIES.

    Section 10(p) of the Fish and Wildlife Coordination Act (16 U.S.C. 
666c-1(p)) is amended, in the matter preceding paragraph (1), by 
striking ``2025'' and inserting ``2030''.

SEC. 105. NORTH AMERICAN WETLANDS CONSERVATION ACT.

    Section 7(c) of the North American Wetlands Conservation Act (16 
U.S.C. 4406(c)) is amended--
            (1) by striking ``not to exceed $60,000,000'' and inserting 
        the following: ``not to exceed--
            ``(1) $60,000,000'';
            (2) in paragraph (1) (as so designated), by striking the 
        period at the end and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(2) $65,000,000 for each of fiscal years 2026 through 
        2030.''.

SEC. 106. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT.

    Section 10 of the National Fish and Wildlife Foundation 
Establishment Act (16 U.S.C. 3709) is amended--
            (1) in subsection (a)(1), in the matter preceding 
        subparagraph (A), by striking ``2025'' and inserting ``2030''; 
        and
            (2) in subsection (b)(1)--
                    (A) in subparagraph (A), by striking ``and 
                cooperative agreements,'' and inserting ``, cooperative 
                agreements, participating agreements, and similar 
                instruments used for providing partnership funds,'';
                    (B) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (C) and (D), respectively;
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) Funding agreements.--Federal departments, 
                agencies, and instrumentalities may enter into a 
                Federal funding agreement with the Foundation for a 
                period of not less than 5 years and not more than 10 
                years.''; and
                    (D) in subparagraph (C) (as so redesignated), by 
                inserting ``, and should when possible,'' after 
                ``may''.

SEC. 107. MODIFICATION OF DEFINITION OF SPORT FISHING EQUIPMENT UNDER 
              TSCA.

    Section 108(a) of the America's Conservation Enhancement Act (15 
U.S.C. 2601 note; Public Law 116-188) is amended by striking ``During 
the 5-year period beginning on the date of enactment of this Act'' and 
inserting ``During the period beginning on the date of enactment of the 
America's Conservation Enhancement Reauthorization Act of 2024 and 
ending on September 30, 2030''.

SEC. 108. CHESAPEAKE BAY PROGRAM.

    Section 117(j) of the Federal Water Pollution Control Act (33 
U.S.C. 1267(j)) is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) for each of fiscal years 2026 through 2030, 
        $100,000,000.''.

SEC. 109. CHESAPEAKE BAY INITIATIVE ACT OF 1998.

    Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (Public 
Law 105-312; 112 Stat. 2963; 134 Stat. 920) is amended by striking 
``2025'' and inserting ``2030''.

SEC. 110. CHESAPEAKE WATERSHED INVESTMENTS FOR LANDSCAPE DEFENSE.

    Section 111(e)(1) of the America's Conservation Enhancement Act (33 
U.S.C. 1267 note; Public Law 116-188) is amended by striking ``2025'' 
and inserting ``2030''.

   TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS

SEC. 201. NATIONAL FISH HABITAT BOARD.

    Section 203(a)(2) of the America's Conservation Enhancement Act (16 
U.S.C. 8203(a)(2)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``26 members'' and inserting ``28 members'';
            (2) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) 2 shall be representatives of the Department 
                of the Interior, including the United States Fish and 
                Wildlife Service and the Bureau of Land Management;''; 
                and
            (3) by striking subparagraph (H) and inserting the 
        following:
                    ``(H) 2 shall be representatives of--
                            ``(i) the Regional Fishery Management 
                        Councils established by section 302(a)(1) of 
                        the Magnuson-Stevens Fishery Conservation and 
                        Management Act (16 U.S.C. 1852(a)(1)); or
                            ``(ii) the Marine Fisheries Commissions;''.

SEC. 202. FISH HABITAT PARTNERSHIPS.

    Section 204(e) of the America's Conservation Enhancement Act (16 
U.S.C. 8204(e)) is amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by inserting ``, subject to paragraph (3),'' after ``Act 
        and''; and
            (2) by adding at the end the following:
            ``(3) Limitation.--The Board shall only submit a report 
        required under paragraph (1) in the fiscal years in which the 
        Board is proposing modifications to, or new designations of, 1 
        or more Partnerships.''.

SEC. 203. FISH HABITAT CONSERVATION PROJECTS.

    Section 205 of the America's Conservation Enhancement Act (16 
U.S.C. 8205) is amended--
            (1) in subsection (b), by striking ``for the following 
        fiscal year''; and
            (2) in subsection (e)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--The non-Federal share of the total cost 
        of all fish habitat conservation projects carried out by a 
        Partnership each year shall be at least 50 percent.''; and
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by striking ``Such non-Federal share 
                of the cost of a fish habitat conservation project'' 
                and inserting ``The non-Federal share described in 
                paragraph (1)''.

SEC. 204. TECHNICAL AND SCIENTIFIC ASSISTANCE.

    Section 206(a) of the America's Conservation Enhancement Act (16 
U.S.C. 8206(a)) is amended by inserting ``, the Bureau of Land 
Management,'' after ``the Forest Service''.

SEC. 205. ACCOUNTABILITY AND REPORTING.

    Section 209 of the America's Conservation Enhancement Act (16 
U.S.C. 8209) is amended--
            (1) by striking subsection (b);
            (2) in subsection (a)--
                    (A) by striking the subsection designation and 
                heading and all that follows through ``Not later than'' 
                in paragraph (1) and inserting the following:
    ``(a) In General.--Not later than''; and
                    (B) by redesignating paragraph (2) as subsection 
                (b) and indenting appropriately; and
            (3) in subsection (b) (as so redesignated)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``paragraph (1)'' and inserting ``subsection 
                (a)'';
                    (B) by redesignating subparagraphs (A), (B), (C), 
                and (D) as paragraphs (1), (2), (3), and (5), 
                respectively, and indenting appropriately;
                    (C) in paragraph (3) (as so redesignated), by 
                striking ``and'' at the end;
                    (D) by inserting after paragraph (3) (as so 
                redesignated) the following:
            ``(4) a description of the status of fish habitats in the 
        United States as identified by Partnerships; and''; and
                    (E) in paragraph (5) (as so redesignated)--
                            (i) by redesignating clauses (i) through 
                        (v) as subparagraphs (A) through (E), 
                        respectively, and indenting appropriately; and
                            (ii) in subparagraph (C) (as so 
                        redesignated), by redesignating subclauses (I) 
                        and (II) as clauses (i) and (ii), respectively, 
                        and indenting appropriately.

SEC. 206. FUNDING.

    Section 212 of the America's Conservation Enhancement Act (16 
U.S.C. 8212) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``and 
                $10,000,000 for each of fiscal years 2026 through 
                2030'' after ``through 2025'';
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by striking ``2025'' and inserting 
                ``2030''; and
                    (C) in paragraph (3)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``2025'' and inserting 
                        ``2030'';
                            (ii) by redesignating subparagraphs (B) 
                        through (E) as subparagraphs (C) through (F), 
                        respectively; and
                            (iii) by inserting after subparagraph (A) 
                        the following:
                    ``(B) $400,000 to the Secretary for use by the 
                Bureau of Land Management;''; and
            (2) by adding at the end the following:
    ``(d) National Fish Habitat Assessment.--There is authorized to be 
appropriated for completion of the National Fish Habitat Assessment 
described in section 201(4), including the associated database of the 
National Fish Habitat Assessment described in that section, $1,000,000, 
to remain available until expended.''.

SEC. 207. TECHNICAL CORRECTION.

    Section 211 of the America's Conservation Enhancement Act (16 
U.S.C. 8211) is amended, in the matter preceding paragraph (1), by 
striking ``The Federal Advisory Committee Act (5 U.S.C. App.)'' and 
inserting ``Chapter 10 of title 5, United States Code (commonly known 
as the `Federal Advisory Committee Act'),''.
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