[Congressional Record Volume 151, Number 87 (Monday, June 27, 2005)]
[Senate]
[Pages S7447-S7448]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   PARTNERS FOR FISH AND WILDLIFE ACT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 134, S. 260.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 260) to authorize the Secretary of the Interior 
     to provide technical and financial assistance to private 
     landowners to restore, enhance, and manage private land to 
     improve fish and wildlife habitats through the Partners for 
     Fish and Wildlife Program.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Environment and Public 
Works, with amendments.
  [Strike the parts shown in black brackets and insert the part shown 
in italic.]

                                 S. 260

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Partners for Fish and 
     Wildlife Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) approximately 60 percent of fish and wildlife in the 
     United States are on private land;
       (2) it is imperative to facilitate private landowner-
     centered and results-oriented efforts that promote efficient 
     and innovative ways to protect and enhance natural resources;
       (3) there is no readily available source of technical 
     biological information that the public can access to assist 
     with the application of state-of-the-art techniques to 
     restore, enhance, and manage fish and wildlife habitats;
       (4) a voluntary cost-effective program that leverages 
     public and private funds to assist private landowners in the 
     conduct of state-of-the-art fish and wildlife habitat 
     restoration, enhancement, and management projects is needed;
       (5) durable partnerships working collaboratively with 
     willing private landowners to implement on-the-ground 
     projects has lead to the reduction of endangered species 
     listings;
       (6) Executive Order No. 13352 (69 Fed. Reg. 52989) directs 
     the Departments of the Interior, Agriculture, Commerce, and 
     Defense and the Environmental Protection Agency to pursue new 
     cooperative conservation programs involving the collaboration 
     of Federal, State, local, and tribal governments, private 
     for-profit and non-profit institutions, non-governmental 
     entities, and individuals;
       (7) since 1987, the Partners for Fish and Wildlife Program 
     has exemplified cooperative conservation as an innovative, 
     voluntary partnership program that helps private landowners 
     restore wetland and other important fish and wildlife 
     habitat; and
       (8) through 33,103 agreements with private landowners, the 
     Partners for Fish and Wildlife Program has accomplished the 
     restoration of 677,000 acres of wetland, 1,253,700 acres of 
     prairie and native grasslands, and 5,560 miles of riparian 
     and in-stream habitat since 1987, demonstrating much of that 
     success since only 2001.
       (b) Purpose.--The purpose of this Act is to provide for the 
     restoration, enhancement, and management of fish and wildlife 
     habitats on private land through the Partners for Fish and 
     Wildlife Program, a program that works with private 
     landowners to conduct cost-effective habitat projects for the 
     benefit of fish and wildlife resources in the United States.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Federal trust species.--The term ``Federal trust 
     species'' means migratory birds, threatened species, 
     endangered species, interjurisdictional fish, marine mammals, 
     and other species of concern.
       (2) Habitat enhancement.--
       (A) In general.--The term ``habitat enhancement'' means the 
     manipulation of the physical, chemical, or biological 
     characteristics of a [native] habitat to change a specific 
     function or seral stage of the [native] habitat.
       (B) Inclusions.--The term ``habitat enhancement'' 
     includes--
       (i) an activity conducted to increase or decrease a 
     specific function for the purpose of benefitting species, 
     including--

       (I) increasing the hydroperiod and water depth of a stream 
     or wetland beyond what would naturally occur;
       (II) improving waterfowl habitat conditions;
       (III) establishing water level management capabilities for 
     native plant communities;
       (IV) creating mud flat conditions important for shorebirds; 
     and
       (V) cross fencing or establishing a rotational grazing 
     system on native range to improve grassland nesting bird 
     habitat conditions; and

       (ii) an activity conducted to shift a native plant 
     community successional stage, including--

       (I) burning an established native grass community to reduce 
     or eliminate invading brush or exotic species;
       (II) brush shearing to set back early successional plant 
     communities; and
       (III) forest management that promotes a particular seral 
     stage.

       (C) Exclusions.--The term ``habitat enhancement'' does not 
     include regularly scheduled and routine maintenance and 
     management activities, such as annual mowing or spraying of 
     unwanted vegetation.
       (3) Habitat establishment.--The term ``habitat 
     establishment'' means the manipulation of physical, chemical, 
     or biological characteristics of a project site to create and 
     maintain habitat that did not previously exist on the project 
     site, including construction of--
       (A) shallow water impoundments on non-hydric soils; and
       (B) side channel spawning and rearing habitat.
       (4) Habitat improvement.--The term ``habitat improvement'' 
     means restoring [or artificially providing], enhancing, or 
     establishing physiographic, hydrological, or disturbance 
     conditions necessary to establish or maintain native plant 
     and animal communities, including periodic manipulations to 
     maintain intended habitat conditions on completed project 
     sites.
       (5) Habitat restoration.--
       (A) In general.--The term ``habitat restoration'' means the 
     manipulation of the physical, chemical, or biological 
     characteristics of a site with the goal of returning the 
     majority of natural functions to the lost or degraded native 
     habitat.
       (B) Inclusions.--The term ``habitat restoration'' 
     includes--
       (i) an activity conducted to return a project site, to the 
     maximum extent practicable, to the ecological condition that 
     existed prior to the loss or degradation, including--

       (I) removing tile drains or plugging drainage ditches in 
     former or degraded wetland;
       (II) returning meanders and sustainable profiles to 
     straightened streams;
       (III) burning grass communities heavily invaded by exotic 
     species to reestablish native grass and plant communities; 
     and
       (IV) planting plant communities that are native to the 
     project site;

       (ii) if restoration of a project site to its original 
     ecological condition is not practicable, an activity that 
     repairs 1 or more of the original habitat functions and that 
     involve the use of native vegetation, including--

       (I) the installation of a water control structure in a 
     swale on land isolated from overbank flooding by a major 
     levee to simulate natural hydrological processes; and
       (II) the placement of streambank or instream habitat 
     diversity structures in streams that cannot be restored to 
     original conditions or profile; and

       (iii) removal of a disturbing or degrading element to 
     enable the native habitat to reestablish or become fully 
     functional.
       (6) Private land.--
       (A) In general.--The term ``private land'' means any land 
     that is not owned by the

[[Page S7448]]

     Federal Government[, a State, or a political subdivision of a 
     State] or a State.
       (B) Inclusions.--The term ``private land'' includes tribal 
     land and Hawaiian homeland.
       (7) Project.--The term ``project'' means a project carried 
     out under the Partners for Fish and Wildlife Program 
     established by section 4.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     [SEC. 4. PARTNERS FOR FISH AND WILDLIFE PROGRAM.

       [The Secretary shall carry out the Partners for Fish and 
     Wildlife Program within the United States Fish and Wildlife 
     Service to provide technical and financial assistance to 
     private landowners for the conduct of voluntary projects to 
     benefit Federal trust species by promoting habitat 
     improvement, habitat restoration, habitat enhancement, and 
     habitat establishment.]

     SEC. 4. PARTNERS FOR FISH AND WILDLIFE PROGRAM.

       [The Secretary shall carry out the Partners for Fish and 
     Wildlife Program within the United States Fish and Wildlife 
     Service to provide--
       (1) technical and financial assistance to private 
     landowners for the conduct of voluntary projects to benefit 
     Federal trust species by promoting habitat improvement, 
     habitat restoration, habitat enhancement, and habitat 
     establishment; and
       (2) technical assistance to other public and private 
     entities regarding fish and wildlife habitat restoration on 
     private land.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     Act not more than $75,000,000 for each of fiscal years 2006 
     through 2011.
  Mr. McCONNELL. I ask unanimous consent the committee-reported 
amendments be agreed to, the bill as amended be read the third time and 
passed, the motion to reconsider be laid upon the table, and any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendments were agreed to.
  The bill (S. 260), as amended, was read the third time and passed, as 
follows:

                                 S. 260

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Partners for Fish and 
     Wildlife Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) approximately 60 percent of fish and wildlife in the 
     United States are on private land;
       (2) it is imperative to facilitate private landowner-
     centered and results-oriented efforts that promote efficient 
     and innovative ways to protect and enhance natural resources;
       (3) there is no readily available source of technical 
     biological information that the public can access to assist 
     with the application of state-of-the-art techniques to 
     restore, enhance, and manage fish and wildlife habitats;
       (4) a voluntary cost-effective program that leverages 
     public and private funds to assist private landowners in the 
     conduct of state-of-the-art fish and wildlife habitat 
     restoration, enhancement, and management projects is needed;
       (5) durable partnerships working collaboratively with 
     willing private landowners to implement on-the-ground 
     projects has lead to the reduction of endangered species 
     listings;
       (6) Executive Order No. 13352 (69 Fed. Reg. 52989) directs 
     the Departments of the Interior, Agriculture, Commerce, and 
     Defense and the Environmental Protection Agency to pursue new 
     cooperative conservation programs involving the collaboration 
     of Federal, State, local, and tribal governments, private 
     for-profit and non-profit institutions, non-governmental 
     entities, and individuals;
       (7) since 1987, the Partners for Fish and Wildlife Program 
     has exemplified cooperative conservation as an innovative, 
     voluntary partnership program that helps private landowners 
     restore wetland and other important fish and wildlife 
     habitat; and
       (8) through 33,103 agreements with private landowners, the 
     Partners for Fish and Wildlife Program has accomplished the 
     restoration of 677,000 acres of wetland, 1,253,700 acres of 
     prairie and native grasslands, and 5,560 miles of riparian 
     and in-stream habitat since 1987, demonstrating much of that 
     success since only 2001.
       (b) Purpose.--The purpose of this Act is to provide for the 
     restoration, enhancement, and management of fish and wildlife 
     habitats on private land through the Partners for Fish and 
     Wildlife Program, a program that works with private 
     landowners to conduct cost-effective habitat projects for the 
     benefit of fish and wildlife resources in the United States.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Federal trust species.--The term ``Federal trust 
     species'' means migratory birds, threatened species, 
     endangered species, interjurisdictional fish, marine mammals, 
     and other species of concern.
       (2) Habitat enhancement.--
       (A) In general.--The term ``habitat enhancement'' means the 
     manipulation of the physical, chemical, or biological 
     characteristics of a habitat to change a specific function or 
     seral stage of the habitat.
       (B) Inclusions.--The term ``habitat enhancement'' 
     includes--
       (i) an activity conducted to increase or decrease a 
     specific function for the purpose of benefitting species, 
     including--

       (I) increasing the hydroperiod and water depth of a stream 
     or wetland beyond what would naturally occur;
       (II) improving waterfowl habitat conditions;
       (III) establishing water level management capabilities for 
     native plant communities;
       (IV) creating mud flat conditions important for shorebirds; 
     and
       (V) cross fencing or establishing a rotational grazing 
     system on native range to improve grassland nesting bird 
     habitat conditions; and

       (ii) an activity conducted to shift a native plant 
     community successional stage, including--

       (I) burning an established native grass community to reduce 
     or eliminate invading brush or exotic species;
       (II) brush shearing to set back early successional plant 
     communities; and
       (III) forest management that promotes a particular seral 
     stage.

       (C) Exclusions.--The term ``habitat enhancement'' does not 
     include regularly scheduled and routine maintenance and 
     management activities, such as annual mowing or spraying of 
     unwanted vegetation.
       (3) Habitat establishment.--The term ``habitat 
     establishment'' means the manipulation of physical, chemical, 
     or biological characteristics of a project site to create and 
     maintain habitat that did not previously exist on the project 
     site, including construction of--
       (A) shallow water impoundments on non-hydric soils; and
       (B) side channel spawning and rearing habitat.
       (4) Habitat improvement.--The term ``habitat improvement'' 
     means restoring, enhancing, or establishing physiographic, 
     hydrological, or disturbance conditions necessary to 
     establish or maintain native plant and animal communities, 
     including periodic manipulations to maintain intended habitat 
     conditions on completed project sites.
       (5) Habitat restoration.--
       (A) In general.--The term ``habitat restoration'' means the 
     manipulation of the physical, chemical, or biological 
     characteristics of a site with the goal of returning the 
     majority of natural functions to the lost or degraded native 
     habitat.
       (B) Inclusions.--The term ``habitat restoration'' 
     includes--
       (i) an activity conducted to return a project site, to the 
     maximum extent practicable, to the ecological condition that 
     existed prior to the loss or degradation, including--

       (I) removing tile drains or plugging drainage ditches in 
     former or degraded wetland;
       (II) returning meanders and sustainable profiles to 
     straightened streams;
       (III) burning grass communities heavily invaded by exotic 
     species to reestablish native grass and plant communities; 
     and
       (IV) planting plant communities that are native to the 
     project site;

       (ii) if restoration of a project site to its original 
     ecological condition is not practicable, an activity that 
     repairs 1 or more of the original habitat functions and that 
     involve the use of native vegetation, including--

       (I) the installation of a water control structure in a 
     swale on land isolated from overbank flooding by a major 
     levee to simulate natural hydrological processes; and
       (II) the placement of streambank or instream habitat 
     diversity structures in streams that cannot be restored to 
     original conditions or profile; and

       (iii) removal of a disturbing or degrading element to 
     enable the native habitat to reestablish or become fully 
     functional.
       (6) Private land.--
       (A) In general.--The term ``private land'' means any land 
     that is not owned by the Federal Government or a State.
       (B) Inclusions.--The term ``private land'' includes tribal 
     land and Hawaiian homeland.
       (7) Project.--The term ``project'' means a project carried 
     out under the Partners for Fish and Wildlife Program 
     established by section 4.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 4. PARTNERS FOR FISH AND WILDLIFE PROGRAM.

       The Secretary shall carry out the Partners for Fish and 
     Wildlife Program within the United States Fish and Wildlife 
     Service to provide--
       (1) technical and financial assistance to private 
     landowners for the conduct of voluntary projects to benefit 
     Federal trust species by promoting habitat improvement, 
     habitat restoration, habitat enhancement, and habitat 
     establishment; and
       (2) technical assistance to other public and private 
     entities regarding fish and wildlife habitat restoration on 
     private land.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     Act not more than $75,000,000 for each of fiscal years 2006 
     through 2011.




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