[Congressional Record Volume 158, Number 144 (Tuesday, November 13, 2012)]
[Senate]
[Pages S6748-S6760]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

                                 ______
                                 
  SA 2871. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill S. 3525, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS.

       (a) Agency Proceedings.--Section 504 of title 5, United 
     States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)----
       (i) by inserting after the first sentence the following: 
     ``Fees and other expenses may be awarded under this 
     subsection only to a prevailing party who has a direct and 
     personal interest in the adversary adjudication because of 
     medical costs, property damage, denial of benefits, unpaid 
     disbursement, fees and other expenses incurred in defense of 
     the adjudication, interest in a policy concerning such 
     medical costs, property damage, denial of benefits, unpaid 
     disbursement, or fees and other expenses, or otherwise.''; 
     and
       (ii) by adding at the end the following: ``The agency 
     conducting the adversary adjudication shall make any party 
     against whom the adjudication is brought, at the time the 
     adjudication is commenced, aware of the provisions of this 
     section.''; and
       (B) in paragraph (3), in the first sentence--
       (i) by striking ``may reduce'' and inserting ``shall 
     reduce''; and
       (ii) by striking ``unduly and unreasonably'' and inserting 
     ``unduly or unreasonably'';
       (2) in subsection (b)(1)--
       (A) in subparagraph (A)(ii), by striking ``$125 per hour'' 
     and all that follows through the end and inserting ``$200 per 
     hour.);''; and
       (B) in subparagraph (B)(ii), by striking ``; except that'' 
     and all that follows through ``section 601;'' and inserting 
     ``except that--
       ``(I) the net worth of a party (other than an individual or 
     a unit of local government) shall include the net worth of 
     any parent entity or subsidiary of that party; and
       ``(II) for purposes of subclause (I)--
       ``(aa) a `parent entity' of a party is an entity that owns 
     or controls the equity or other evidences of ownership in 
     that party; and
       ``(bb) a `subsidiary' of a party is an entity the equity or 
     other evidences of ownership in which are owned or controlled 
     by that party;''.
       (3) in subsection (c)(1), by striking ``, United States 
     Code''; and
       (4) by striking subsections (e) and (f) and inserting the 
     following:
       ``(e)(1) The Chairman of the Administrative Conference of 
     the United States, after consultation with the Chief Counsel 
     for Advocacy of the Small Business Administration, shall 
     report annually to the Congress on the amount of fees and 
     other expenses awarded during the preceding fiscal year 
     pursuant to this section. The report shall describe the 
     number, nature, and amount of the awards, the claims involved 
     in the controversy, and any other relevant information that 
     may aid the Congress in evaluating the scope and impact of 
     such awards. Each agency shall provide the Chairman in a 
     timely manner all information necessary for the Chairman to 
     comply with the requirements of this subsection. The report 
     shall be made available to the public online.
       ``(2)(A) The report required by paragraph (1) shall account 
     for all payments of fees and other expenses awarded under 
     this section that are made pursuant to a settlement 
     agreement, regardless of whether the settlement agreement is 
     sealed or otherwise subject to nondisclosure provisions, 
     except that any version of the report made available to the 
     public may not reveal any information the disclosure of which 
     is contrary to the national security of the United States.
       ``(B) The disclosure of fees and other expenses required 
     under subparagraph (A) does not affect any other information 
     that is subject to nondisclosure provisions in the settlement 
     agreement.
       ``(f) The Chairman of the Administrative Conference shall 
     create and maintain online a searchable database containing 
     the following information with respect to each award of fees 
     and other expenses under this section:
       ``(1) The name of each party to whom the award was made.
       ``(2) The name of each counsel of record representing each 
     party to whom the award was made.
       ``(3) The agency to which the application for the award was 
     made.
       ``(4) The name of each counsel of record representing the 
     agency to which the application for the award was made.
       ``(5) The name of each administrative law judge, and the 
     name of any other agency employee serving in an adjudicative 
     role, in the adversary adjudication that is the subject of 
     the application for the award.
       ``(6) The amount of the award.
       ``(7) The names and hourly rates of each expert witness for 
     whose services the award was made under the application.
       ``(8) The basis for the finding that the position of the 
     agency concerned was not substantially justified.
       ``(g) The online searchable database described in 
     subsection (f) may not reveal any information the disclosure 
     of which is prohibited by law or court order, or the 
     disclosure of which is contrary to the national security of 
     the United States.
       ``(h) The Director of the Office of Management and Budget 
     shall adjust the maximum hourly fee set forth in subsection 
     (b)(1)(A)(ii) for the fiscal year beginning October 1, 2013, 
     and for each fiscal year thereafter, to reflect changes in 
     the Consumer Price Index, as determined by the Secretary of 
     Labor.''.
       (b) Court Cases.--Section 2412(d) of title 28, United 
     States Code, is amended--
       (1) by amending subsection (d)(1)(A) to read as follows:
       ``(d)(1)(A) Except as otherwise specifically provided by 
     statute, a court, in any civil action (other than cases 
     sounding in tort), including proceedings for judicial review 
     of agency action, brought by or against the United States in 
     any court having jurisdiction of that action, shall award to 
     a prevailing party (other than the United States) fees and 
     other expenses, in addition to any costs awarded pursuant to 
     subsection (a), incurred by that party in the civil action, 
     unless the court finds that the position of the United States 
     was substantially justified or that special circumstances 
     make an award unjust. Fees and other expenses may be awarded 
     under this paragraph only to a prevailing party who has a 
     direct and personal interest in the civil action because of 
     medical costs, property damage, denial of benefits, unpaid 
     disbursement, fees and other expenses incurred in defense of 
     the civil action, interest in a policy concerning such 
     medical costs, property damage, denial of benefits, unpaid 
     disbursement, or fees and other expenses, or otherwise.'';
       (2) in paragraph (1)(C)--
       (A) by striking ``court, in its discretion, may'' and 
     inserting ``court shall''; and
       (B) by striking ``unduly and unreasonably'' and inserting 
     ``unduly or unreasonably'';
       (3) in paragraph (2)--
       (A) in subparagraph (A)(ii), by striking ``$125'' and all 
     that follows through the end and inserting ``$200 per 
     hour.);'';
       (B) in subparagraph (B)(ii), by striking ``; except that'' 
     and all that follows through ``section 601 of title 5;'' and 
     inserting ``except that--
       ``(I) the net worth of a party (other than an individual or 
     a unit of local government) shall include the net worth of 
     any parent entity or subsidiary of that party; and
       ``(II) for purposes of subclause (I)--
       ``(aa) a `parent entity' of a party is an entity that owns 
     or controls the equity or other evidences of ownership in 
     that party; and
       ``(bb) a `subsidiary' of a party is an entity the equity or 
     other evidences of ownership in which are owned or controlled 
     by that party;''.
       (4) by adding at the end the following:
       ``(5) The Director of the Office of Management and Budget 
     shall adjust the maximum hourly fee set forth in paragraph 
     (2)(A)(ii) for the fiscal year beginning October 1, 2013, and 
     for each fiscal year thereafter, to reflect changes in the 
     Consumer Price Index, as determined by the Secretary of 
     Labor.
       ``(6)(A) The Chairman of the Administrative Conference of 
     the United States shall report annually to the Congress on 
     the amount of fees and other expenses awarded during the 
     preceding fiscal year pursuant to this subsection. The report 
     shall describe the number, nature, and amount of the awards, 
     the claims involved in each controversy, and any other 
     relevant information which may aid the Congress in evaluating 
     the scope and impact of such awards. Each agency shall 
     provide the Chairman with such information as is necessary 
     for the Chairman to comply with the requirements of this 
     paragraph. The report shall be made available to the public 
     online.
       ``(B) (i) The report required by subparagraph (A) shall 
     account for all payments of fees and other expenses awarded 
     under this subsection that are made pursuant to a settlement 
     agreement, regardless of whether the settlement agreement is 
     sealed or otherwise subject to nondisclosure provisions, 
     except that any version of the report made available to the 
     public may not reveal any information the disclosure of which 
     is contrary to the national security of the United States.
       ``(ii) The disclosure of fees and other expenses required 
     under clause (i) does not affect any other information that 
     is subject to nondisclosure provisions in the settlement 
     agreement.
       ``(C) The Chairman of the Administrative Conference shall 
     include and clearly identify in the annual report under 
     subparagraph (A), for each case in which an award of fees and 
     other expenses is included in the report--
       ``(i) any amounts paid from section 1304 of title 31 for a 
     judgment in the case;
       ``(ii) the amount of the award of fees and other expenses; 
     and
       ``(iii) the statute under which the plaintiff filed suit.
       ``(7) The Chairman of the Administrative Conference shall 
     create and maintain online a searchable database containing 
     the following information with respect to each award of fees 
     and other expenses under this subsection:
       ``(A) The name of each party to whom the award was made.
       ``(B) The name of each counsel of record representing each 
     party to whom the award was made.

[[Page S6749]]

       ``(C) The agency involved in the case.
       ``(D) The name of each counsel of record representing the 
     agency involved in the case.
       ``(E) The name of each judge in the case, and the court in 
     which the case was heard.
       ``(F) The amount of the award.
       ``(G) The names and hourly rates of each expert witness for 
     whose services the award was made.
       ``(H) The basis for the finding that the position of the 
     agency concerned was not substantially justified.
       ``(8) The online searchable database described in paragraph 
     (7) may not reveal any information the disclosure of which is 
     prohibited by law or court order, or the disclosure of which 
     is contrary to the national security of the United States.
       ``(9) The Attorney General of the United States shall 
     provide to the Chairman of the Administrative Conference of 
     the United States in a timely manner all information 
     necessary for the Chairman to carry out the Chairman's 
     responsibilities under this subsection.''.
       (c) Clerical Amendment.--Section 2412(e) of title 28, 
     United States Code, is amended by striking ``of section 2412 
     of title 28, United States Code,'' and inserting ``of this 
     section''.
                                 ______
                                 
  SA 2872. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill S. 3525, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. ___. NATCHEZ TRACE PARKWAY LAND CONVEYANCE.

       (a) Short Title.--This section may be cited as the 
     ``Natchez Trace Parkway Land Conveyance Act of 2012''.
       (b) Definitions.--In this section:
       (1) Map.--The term ``map'' means the map entitled ``Natchez 
     Trace Parkway, Proposed Boundary Change'', numbered 604/
     105392, and dated November 2010.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the State of 
     Mississippi.
       (c) Land Conveyance.--
       (1) Conveyance authority.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     shall convey to the State, by quitclaim deed and without 
     consideration, all right, title, and interest of the United 
     States in and to the parcels of land described in paragraph 
     (2).
       (B) Compatible use.--The deed of conveyance to the parcel 
     of land that is located southeast of U.S. Route 61/84 
     (commonly known as the ``bean field property'') shall reserve 
     an easement to the United States restricting the use of the 
     parcel to only those uses that are compatible with the 
     Natchez Trace Parkway.
       (2) Description of land.--The parcels of land referred to 
     in paragraph (1) are the 2 parcels totaling approximately 67 
     acres generally depicted as ``Proposed Conveyance'' on the 
     map.
       (3) Availability of map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (d) Boundary Adjustments.--
       (1) Exclusion of conveyed land.--On completion of the 
     conveyance to the State of the land described in subsection 
     (c)(2), the boundary of the Natchez Trace Parkway shall be 
     adjusted to exclude the conveyed land.
       (2) Inclusion of additional land.--
       (A) In general.--Effective on the date of enactment of this 
     Act, the boundary of the Natchez Trace Parkway is adjusted to 
     include the approximately 10 acres of land that is generally 
     depicted as ``Proposed Addition'' on the map.
       (B) Administration.--The land added under subparagraph (A) 
     shall be administered by the Secretary as part of the Natchez 
     Trace Parkway.
                                 ______
                                 
  SA 2873. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill S. 3525, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. ___. TRANSFER OF YELLOW CREEK PORT PROPERTIES.

       In accordance with section 4(k) of the Tennessee Valley 
     Authority Act of 1933 (16 U.S.C. 831c(k)), Congress approves 
     the conveyance by the Tennessee Valley Authority, on behalf 
     of the United States, to the State of Mississippi of the 
     Yellow Creek Port properties owned by the United States and 
     in the custody of the Tennessee Valley Authority at Iuka, 
     Mississippi, as of the date of enactment of this Act.
                                 ______
                                 
  SA 2872. Mr. KERRY (for himself, Ms. Cantwell, Mrs. Boxer, Mr. Brown 
of Massachusetts, Mr. Blumenthal, Mr. Menendez, Mr. Durbin, and Mr. 
Lautenberg) submitted an amendment intended to be proposed by him to 
the bill S. 3525, to protect and enhance opportunities for recreational 
hunting, fishing, and shooting, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike section 102.
                                 ______
                                 
  SA 2875. Mr. REID (for Mr. Tester) proposed an amendment to the bill 
S. 3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Sportsmen's Act of 2012''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

          TITLE I--HUNTING, FISHING, AND RECREATIONAL SHOOTING

             Subtitle A--Hunting and Recreational Shooting

Sec. 101. Making public land public.
Sec. 102. Permits for importation of polar bear trophies taken in sport 
              hunts in Canada.
Sec. 103. Transporting bows through National Parks.

     Subtitle B--Target Practice and Marksmanship Training Support

Sec. 111. Target practice and marksmanship training.
Sec. 112. Findings; purpose.
Sec. 113. Definition of public target range.
Sec. 114. Amendments to Pittman-Robertson Wildlife Restoration Act.
Sec. 115. Sense of Congress regarding cooperation.

                          Subtitle C--Fishing

Sec. 121. Modification of definition of toxic substance to exclude 
              sport fishing equipment.

                    TITLE II--NATIONAL FISH HABITAT

                   Subtitle A--National Fish Habitat

Sec. 201. Definitions.
Sec. 202. National Fish Habitat Board.
Sec. 203. Fish habitat partnerships.
Sec. 204. Fish habitat conservation projects.
Sec. 205. National Fish Habitat Conservation Partnership Office.
Sec. 206. Technical and scientific assistance.
Sec. 207. Conservation of aquatic habitat for fish and other aquatic 
              organisms on Federal land.
Sec. 208. Coordination with States and Indian tribes.
Sec. 209. Accountability and reporting.
Sec. 210. Regulations.
Sec. 211. Effect of subtitle.
Sec. 212. Nonapplicability of Federal Advisory Committee Act.
Sec. 213. Funding.

                        Subtitle B--Duck Stamps

Sec. 221. Findings.
Sec. 222. Cost of stamps.
Sec. 223. Waivers.
Sec. 224. Permanent electronic duck stamps.

    Subtitle C--Joint Ventures to Protect Migratory Bird Populations

Sec. 231. Purposes.
Sec. 232. Definitions.
Sec. 233. Joint Ventures Program.
Sec. 234. Administration.
Sec. 235. Grants and other assistance.
Sec. 236. Reporting.
Sec. 237. Relationship to other authorities.
Sec. 238. Federal Advisory Committee Act.

                      Subtitle D--Reauthorizations

Sec. 241. North American Wetlands Conservation Act.
Sec. 242. Partners for Fish and Wildlife Act.
Sec. 243. National Fish and Wildlife Foundation reauthorization.
Sec. 244. Multinational Species Conservation Funds Semipostal Stamp.
Sec. 245. Multinational species conservation funds reauthorizations.
Sec. 246. Neotropical Migratory Bird Conservation Act.
Sec. 247. Federal Land Transaction Facilitation Act.
Sec. 248. Nutria eradication and control.
          TITLE I--HUNTING, FISHING, AND RECREATIONAL SHOOTING
             Subtitle A--Hunting and Recreational Shooting

     SEC. 101. MAKING PUBLIC LAND PUBLIC.

       (a) In General.--Section 3 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-6) is amended--
       (1) by striking ``Sec. 3. Appropriations.--Moneys'' and 
     inserting the following:

     ``SEC. 3. FUNDING.

       ``(a) In General.--Amounts''; and
       (2) by adding at the end the following:
       ``(b) Priority List.--
       ``(1) In general.--Subject to the availability of 
     appropriations and notwithstanding any other provision of 
     this Act, the Secretary of the Interior and the Secretary of 
     Agriculture shall ensure that, of the amounts made available 
     for the fund for each fiscal year, not less than 1.5 percent 
     of the amounts shall be made available for projects 
     identified on the priority list developed under paragraph 
     (2).
       ``(2) Priority list.--The Secretary of the Interior and the 
     Secretary of Agriculture, in consultation with the head of 
     each affected Federal agency, shall annually develop a 
     priority list for the sites under the jurisdiction of the 
     applicable Secretary.

[[Page S6750]]

       ``(3) Criteria.--Projects identified on the priority list 
     developed under paragraph (2) shall secure recreational 
     public access to Federal public land in existence as of the 
     date of enactment of this subsection that has significantly 
     restricted access for hunting, fishing, and other 
     recreational purposes through rights-of-way or acquisition of 
     land (or any interest in land) from willing sellers.''.
       (b) Conforming Amendments.--
       (1) Land and water conservation fund act.--The Land and 
     Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et 
     seq.) is amended--
       (A) in the proviso at the end of section 2(c)(2) (16 U.S.C. 
     460l-5(c)(2)), by striking ``notwithstanding the provisions 
     of section 3 of this Act'';
       (B) in the first sentence of section 9 (16 U.S.C. 460l-
     10a), by striking ``by section 3 of this Act''; and
       (C) in the third sentence of section 10 (16 U.S.C. 460l-
     10b), by striking ``by section 3 of this Act''.
       (2) Federal land transaction facilitation act.--Section 
     206(f)(2) of the Federal Land Transaction Facilitation Act 
     (43 U.S.C. 2305(f)(2)) is amended by striking ``section 3 of 
     the Land and Water Conservation Fund Act (16 U.S.C. 460l-6)'' 
     and inserting ``the Land and Water Conservation Fund Act of 
     1965 (16 U.S.C. 460l-4 et seq.)''.

     SEC. 102. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES 
                   TAKEN IN SPORT HUNTS IN CANADA.

       Section 104(c)(5) of the Marine Mammal Protection Act of 
     1972 (16 U.S.C. 1374(c)(5)) is amended by striking 
     subparagraph (D) and inserting the following:
       ``(D)(i) The Secretary of the Interior shall, expeditiously 
     after the expiration of the applicable 30-day period under 
     subsection (d)(2), issue a permit for the importation of any 
     polar bear part (other than an internal organ) from a polar 
     bear taken in a sport hunt in Canada to any person--
       ``(I) who submits, with the permit application, proof that 
     the polar bear was legally harvested by the person before 
     February 18, 1997; or
       ``(II) who has submitted, in support of a permit 
     application submitted before May 15, 2008, proof that the 
     polar bear was legally harvested by the person before May 15, 
     2008, from a polar bear population from which a sport-hunted 
     trophy could be imported before that date in accordance with 
     section 18.30(i) of title 50, Code of Federal Regulations.
       ``(ii) The Secretary shall issue permits under clause 
     (i)(I) without regard to subparagraphs (A) and (C)(ii) of 
     this paragraph, subsection (d)(3), and sections 101 and 102. 
     Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the 
     importation of any polar bear part authorized by a permit 
     issued under clause (i)(I). This clause shall not apply to 
     polar bear parts that were imported before June 12, 1997.
       ``(iii) The Secretary shall issue permits under clause 
     (i)(II) without regard to subparagraph (C)(ii) of this 
     paragraph or subsection (d)(3). Sections 101(a)(3)(B) and 
     102(b)(3) shall not apply to the importation of any polar 
     bear part authorized by a permit issued under clause (i)(II). 
     This clause shall not apply to polar bear parts that were 
     imported before the date of enactment of the Sportsmen's Act 
     of 2012.''.

     SEC. 103. TRANSPORTING BOWS THROUGH NATIONAL PARKS.

       (a) Findings.--Congress finds that--
       (1) bowhunters are known worldwide as among the most 
     skilled, ethical, and conservation-minded of all hunters;
       (2) bowhunting organizations at the Federal, State, and 
     local level contribute significant financial and human 
     resources to wildlife conservation and youth education 
     programs throughout the United States; and
       (3) bowhunting contributes $38,000,000,000 each year to the 
     economy of the United States.
       (b) Possession of Bows in Units of National Park System or 
     National Wildlife Refuge System.--
       (1) In general.--Subject to paragraph (2), the Secretary of 
     the Interior shall permit individuals carrying bows and 
     crossbows to traverse national park land if the traverse is--
       (A) for the sole purpose of hunting on adjacent public or 
     private land; and
       (B) the most direct means of access to the adjacent land.
       (2) Use.--Nothing in this section authorizes the use of the 
     bows or crossbows that are being carried while on national 
     park land.
     Subtitle B--Target Practice and Marksmanship Training Support

     SEC. 111. TARGET PRACTICE AND MARKSMANSHIP TRAINING.

       This subtitle may be cited as the ``Target Practice and 
     Marksmanship Training Support Act''.

     SEC. 112. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1) in recent years preceding the date of enactment of this 
     Act, portions of Federal land have been closed to target 
     practice and marksmanship training for many reasons;
       (2) the availability of public target ranges on non-Federal 
     land has been declining for a variety of reasons, including 
     continued population growth and development near former 
     ranges;
       (3) providing opportunities for target practice and 
     marksmanship training at public target ranges on Federal and 
     non-Federal land can help--
       (A) to promote enjoyment of shooting, recreational, and 
     hunting activities; and
       (B) to ensure safe and convenient locations for those 
     activities;
       (4) Federal law in effect on the date of enactment of this 
     Act, including the Pittman-Robertson Wildlife Restoration Act 
     (16 U.S.C. 669 et seq.), provides Federal support for 
     construction and expansion of public target ranges by making 
     available to States amounts that may be used for 
     construction, operation, and maintenance of public target 
     ranges; and
       (5) it is in the public interest to provide increased 
     Federal support to facilitate the construction or expansion 
     of public target ranges.
       (b) Purpose.--The purpose of this subtitle is to facilitate 
     the construction and expansion of public target ranges, 
     including ranges on Federal land managed by the Forest 
     Service and the Bureau of Land Management.

     SEC. 113. DEFINITION OF PUBLIC TARGET RANGE.

       In this subtitle, the term ``public target range'' means a 
     specific location that--
       (1) is identified by a governmental agency for recreational 
     shooting;
       (2) is open to the public;
       (3) may be supervised; and
       (4) may accommodate archery or rifle, pistol, or shotgun 
     shooting.

     SEC. 114. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE 
                   RESTORATION ACT.

       (a) Definitions.--Section 2 of the Pittman-Robertson 
     Wildlife Restoration Act (16 U.S.C. 669a) is amended--
       (1) by redesignating paragraphs (2) through (8) as 
     paragraphs (3) through (9), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) the term `public target range' means a specific 
     location that--
       ``(A) is identified by a governmental agency for 
     recreational shooting;
       ``(B) is open to the public;
       ``(C) may be supervised; and
       ``(D) may accommodate archery or rifle, pistol, or shotgun 
     shooting;''.
       (b) Expenditures for Management of Wildlife Areas and 
     Resources.--Section 8(b) of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669g(b)) is amended--
       (1) by striking ``(b) Each State'' and inserting the 
     following:
       ``(b) Expenditures for Management of Wildlife Areas and 
     Resources.--
       ``(1) In general.--Except as provided in paragraph (2), 
     each State'';
       (2) in paragraph (1) (as so designated), by striking 
     ``construction, operation,'' and inserting ``operation'';
       (3) in the second sentence, by striking ``The non-Federal 
     share'' and inserting the following:
       ``(3) Non-federal share.--The non-Federal share'';
       (4) in the third sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(4) Regulations.--The Secretary''; and
       (5) by inserting after paragraph (1) (as designated by 
     paragraph (1) of this subsection) the following:
       ``(2) Exception.--Notwithstanding the limitation described 
     in paragraph (1), a State may use the funds apportioned to 
     the State under section 4(d) to pay up to 90 percent of the 
     cost of acquiring land for, expanding, or constructing a 
     public target range.''.
       (c) Firearm and Bow Hunter Education and Safety Program 
     Grants.--Section 10 of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669h-1) is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(3) Allocation of additional amounts.--Of the amount 
     apportioned to a State for any fiscal year under section 
     4(b), the State may elect to allocate not more than 10 
     percent, to be combined with the amount apportioned to the 
     State under paragraph (1) for that fiscal year, for acquiring 
     land for, expanding, or constructing a public target 
     range.'';
       (2) by striking subsection (b) and inserting the following:
       ``(b) Cost Sharing.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Federal share of the cost of any activity carried out using a 
     grant under this section shall not exceed 75 percent of the 
     total cost of the activity.
       ``(2) Public target range construction or expansion.--The 
     Federal share of the cost of acquiring land for, expanding, 
     or constructing a public target range in a State on Federal 
     or non-Federal land pursuant to this section or section 8(b) 
     shall not exceed 90 percent of the cost of the activity.''; 
     and
       (3) in subsection (c)(1)--
       (A) by striking ``Amounts made'' and inserting the 
     following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     amounts made''; and
       (B) by adding at the end the following:
       ``(B) Exception.--Amounts provided for acquiring land for, 
     constructing, or expanding a public target range shall remain 
     available for expenditure and obligation during the 5-fiscal-
     year period beginning on October 1 of the first fiscal year 
     for which the amounts are made available.''.
       (d) Technical and Conforming Amendments to the Pittman-
     Robertson Wildlife Restoration Act.--
       (1) Technical amendments.--Section 4 of the Pittman-
     Robertson Wildlife Restoration Act (16 U.S.C. 669c) is 
     amended--
       (A) by redesignating subsection (d) as subsection (e); and

[[Page S6751]]

       (B) by striking ``(c) Apportionment'' and inserting ``(d) 
     Apportionment''.
       (2) Conforming amendments.--
       (A) Definitions.--Section 2(6) of the Pittman-Robertson 
     Wildlife Restoration Act (16 U.S.C. 669a(6)) is amended by 
     striking ``section 4(d)'' and inserting ``section 4(e)''.
       (B) Authorization of appropriations.--Section 3(c)(2) of 
     the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 
     669b(c)(2)) is amended by striking ``sections 4(d) and (e)'' 
     and inserting ``section 4(e)''.

     SEC. 115. SENSE OF CONGRESS REGARDING COOPERATION.

       It is the sense of Congress that, consistent with 
     applicable laws (including regulations), the Chief of the 
     Forest Service and the Director of the Bureau of Land 
     Management should cooperate with State and local authorities 
     and other entities to implement best practices for waste 
     management and removal and carry out other related activities 
     on any Federal land used as a public target range to 
     encourage continued use of that land for target practice or 
     marksmanship training.
                          Subtitle C--Fishing

     SEC. 121. MODIFICATION OF DEFINITION OF TOXIC SUBSTANCE TO 
                   EXCLUDE SPORT FISHING EQUIPMENT.

       (a) In General.--Section 3(2)(B) of the Toxic Substances 
     Control Act (15 U.S.C. 2602(2)(B)) is amended--
       (1) in clause (v), by striking ``, and'' and inserting ``, 
     or any component of any such article when included in the 
     article including, without limitation, shot, bullets and 
     other projectiles, propellants, and primers,'';
       (2) in clause (vi) by striking the period at the end and 
     inserting ``, and''; and
       (3) by inserting after clause (vi) the following:
       ``(vii) any sport fishing equipment (as such term is 
     defined in section 4162(a) of the Internal Revenue Code of 
     1986, without regard to paragraphs (6) through (9) thereof) 
     the sale of which is subject to the tax imposed by section 
     4161(a) of such Code (determined without regard to any 
     exemptions from such tax as provided by section 4162 or 4221 
     or any other provision of such Code), and sport fishing 
     equipment components.''.
       (b) Relationship to Other Law.--Nothing in this section or 
     any amendment made by this section affects or limits the 
     application of or obligation to comply with any other 
     Federal, State or local law.
                    TITLE II--NATIONAL FISH HABITAT
                   Subtitle A--National Fish Habitat

     SEC. 201. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     and the Committee on Environment and Public Works of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Aquatic habitat.--
       (A) In general.--The term ``aquatic habitat'' means any 
     area on which an aquatic organism depends, directly or 
     indirectly, to carry out the life processes of the organism, 
     including an area used by the organism for spawning, 
     incubation, nursery, rearing, growth to maturity, food 
     supply, or migration.
       (B) Inclusions.--The term ``aquatic habitat'' includes an 
     area adjacent to an aquatic environment, if the adjacent 
     area--
       (i) contributes an element, such as the input of detrital 
     material or the promotion of a planktonic or insect 
     population providing food, that makes fish life possible;
       (ii) protects the quality and quantity of water sources;
       (iii) provides public access for the use of fishery 
     resources; or
       (iv) serves as a buffer protecting the aquatic environment.
       (3) Assistant administrator.--The term ``Assistant 
     Administrator'' means the Assistant Administrator for 
     Fisheries of the National Oceanic and Atmospheric 
     Administration.
       (4) Board.--The term ``Board'' means the National Fish 
     Habitat Board established by section 202(a)(1).
       (5) Conservation; conserve; manage; management.--The terms 
     ``conservation'', ``conserve'', ``manage'', and 
     ``management'' mean to protect, sustain, and, where 
     appropriate, restore and enhance, using methods and 
     procedures associated with modern scientific resource 
     programs (including protection, research, census, law 
     enforcement, habitat management, propagation, live trapping 
     and transplantation, and regulated taking)--
       (A) a healthy population of fish, wildlife, or plant life;
       (B) a habitat required to sustain fish, wildlife, or plant 
     life; or
       (C) a habitat required to sustain fish, wildlife, or plant 
     life productivity.
       (6) Director.--The term ``Director'' means the Director of 
     the United States Fish and Wildlife Service.
       (7) Fish.--
       (A) In general.--The term ``fish'' means any freshwater, 
     diadromous, estuarine, or marine finfish or shellfish.
       (B) Inclusions.--The term ``fish'' includes the egg, spawn, 
     spat, larval, and other juvenile stages of an organism 
     described in subparagraph (A).
       (8) Fish habitat conservation project.--
       (A) In general.--The term ``fish habitat conservation 
     project'' means a project that--
       (i) is submitted to the Board by a Partnership and approved 
     by the Secretary under section 204; and
       (ii) provides for the conservation or management of an 
     aquatic habitat.
       (B) Inclusions.--The term ``fish habitat conservation 
     project'' includes--
       (i) the provision of technical assistance to a State, 
     Indian tribe, or local community by the National Fish Habitat 
     Conservation Partnership Office or any other agency to 
     facilitate the development of strategies and priorities for 
     the conservation of aquatic habitats; or
       (ii) the obtaining of a real property interest in land or 
     water, including water rights, in accordance with terms and 
     conditions that ensure that the real property will be 
     administered for the long-term conservation of--

       (I) the land or water; and
       (II) the fish dependent on the land or water.

       (9) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (10) National fish habitat action plan.--The term 
     ``National Fish Habitat Action Plan'' means the National Fish 
     Habitat Action Plan dated April 24, 2006, and any subsequent 
     revisions or amendments to that plan.
       (11) Partnership.--The term ``Partnership'' means an entity 
     designated by the Board as a Fish Habitat Conservation 
     Partnership pursuant to section 203(a).
       (12) Real property interest.--The term ``real property 
     interest'' means an ownership interest in--
       (A) land;
       (B) water (including water rights); or
       (C) a building or object that is permanently affixed to 
     land.
       (13) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (14) State agency.--The term ``State agency'' means--
       (A) the fish and wildlife agency of a State;
       (B) any department or division of a department or agency of 
     a State that manages in the public trust the inland or marine 
     fishery resources or the habitat for those fishery resources 
     of the State pursuant to State law or the constitution of the 
     State; or
       (C) the fish and wildlife agency of the Commonwealth of 
     Puerto Rico, Guam, the Virgin Islands, or any other territory 
     or possession of the United States.

     SEC. 202. NATIONAL FISH HABITAT BOARD.

       (a) Establishment.--
       (1) In general.--There is established a board, to be known 
     as the ``National Fish Habitat Board''--
       (A) to promote, oversee, and coordinate the implementation 
     of this subtitle and the National Fish Habitat Action Plan;
       (B) to establish national goals and priorities for aquatic 
     habitat conservation;
       (C) to designate Partnerships; and
       (D) to review and make recommendations regarding fish 
     habitat conservation projects.
       (2) Membership.--The Board shall be composed of 27 members, 
     of whom--
       (A) 1 shall be the Director;
       (B) 1 shall be the Assistant Administrator;
       (C) 1 shall be the Chief of the Natural Resources 
     Conservation Service;
       (D) 1 shall be the Chief of the Forest Service;
       (E) 1 shall be the Assistant Administrator for Water of the 
     Environmental Protection Agency;
       (F) 1 shall be the President of the Association of Fish and 
     Wildlife Agencies;
       (G) 1 shall be the Secretary of the Board of Directors of 
     the National Fish and Wildlife Foundation appointed pursuant 
     to section 3(g)(2)(B) of the National Fish and Wildlife 
     Foundation Establishment Act (16 U.S.C. 3702(g)(2)(B));
       (H) 4 shall be representatives of State agencies, 1 of whom 
     shall be nominated by a regional association of fish and 
     wildlife agencies from each of the Northeast, Southeast, 
     Midwest, and Western regions of the United States;
       (I) 1 shall be a representative of the American Fisheries 
     Society;
       (J) 2 shall be representatives of Indian tribes, of whom--
       (i) 1 shall represent Indian tribes from the State of 
     Alaska; and
       (ii) 1 shall represent Indian tribes from the other States;
       (K) 1 shall be a representative of the Regional Fishery 
     Management Councils established under section 302 of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1852);
       (L) 1 shall be a representative of the Marine Fisheries 
     Commissions, which is composed of--
       (i) the Atlantic States Marine Fisheries Commission;
       (ii) the Gulf States Marine Fisheries Commission; and
       (iii) the Pacific States Marine Fisheries Commission;
       (M) 1 shall be a representative of the Sportfishing and 
     Boating Partnership Council; and
       (N) 10 shall be representatives selected from each of the 
     following groups:
       (i) The recreational sportfishing industry.
       (ii) The commercial fishing industry.
       (iii) Marine recreational anglers.
       (iv) Freshwater recreational anglers.
       (v) Terrestrial resource conservation organizations.
       (vi) Aquatic resource conservation organizations.

[[Page S6752]]

       (vii) The livestock and poultry production industry.
       (viii) The land development industry.
       (ix) The row crop industry.
       (x) Natural resource commodity interests, such as petroleum 
     or mineral extraction.
       (3) Compensation.--A member of the Board shall serve 
     without compensation.
       (4) Travel expenses.--A member of the Board shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the Board.
       (b) Appointment and Terms.--
       (1) In general.--Except as otherwise provided in this 
     subsection, a member of the Board described in any of 
     subparagraphs (H) through (N) of subsection (a)(2) shall 
     serve for a term of 3 years.
       (2) Initial board membership.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the representatives of the board 
     established by the National Fish Habitat Action Plan shall 
     appoint the initial members of the Board described in 
     subparagraphs (H) through (I) and (K) through (N) of 
     subsection (a)(2).
       (B) Tribal representatives.--Not later than 180 days after 
     the enactment of this Act, the Secretary shall provide to the 
     board established by the National Fish Habitat Action Plan a 
     recommendation of not less than 4 tribal representatives, 
     from which that board shall appoint 2 representatives 
     pursuant to subparagraph (J) of subsection (a)(2).
       (3) Transitional terms.--Of the members described in 
     subsection (a)(2)(N) initially appointed to the Board--
       (A) 4 shall be appointed for a term of 1 year;
       (B) 4 shall be appointed for a term of 2 years; and
       (C) 3 shall be appointed for a term of 3 years.
       (4) Vacancies.--
       (A) In general.--A vacancy of a member of the Board 
     described in any of subparagraphs (H) through (I) or (K) 
     through (N) of subsection (a)(2) shall be filled by an 
     appointment made by the remaining members of the Board.
       (B) Tribal representatives.--Following a vacancy of a 
     member of the Board described in subparagraph (J) of 
     subsection (a)(2), the Secretary shall recommend to the Board 
     not less than 4 tribal representatives, from which the 
     remaining members of the Board shall appoint a representative 
     to fill the vacancy.
       (5) Continuation of service.--An individual whose term of 
     service as a member of the Board expires may continue to 
     serve on the Board until a successor is appointed.
       (6) Removal.--If a member of the Board described in any of 
     subparagraphs (H) through (N) of subsection (a)(2) misses 3 
     consecutive regularly scheduled Board meetings, the members 
     of the Board may--
       (A) vote to remove that member; and
       (B) appoint another individual in accordance with paragraph 
     (4).
       (c) Chairperson.--
       (1) In general.--The Board shall elect a member of the 
     Board to serve as Chairperson of the Board.
       (2) Term.--The Chairperson of the Board shall serve for a 
     term of 3 years.
       (d) Meetings.--
       (1) In general.--The Board shall meet--
       (A) at the call of the Chairperson; but
       (B) not less frequently than twice each calendar year.
       (2) Public access.--All meetings of the Board shall be open 
     to the public.
       (e) Procedures.--
       (1) In general.--The Board shall establish procedures to 
     carry out the business of the Board, including--
       (A) a requirement that a quorum of the members of the Board 
     be present to transact business;
       (B) a requirement that no recommendations may be adopted by 
     the Board, except by the vote of \2/3\ of all members present 
     and voting;
       (C) procedures for establishing national goals and 
     priorities for aquatic habitat conservation for the purposes 
     of this subtitle;
       (D) procedures for designating Partnerships under section 
     203; and
       (E) procedures for reviewing, evaluating, and making 
     recommendations regarding fish habitat conservation projects.
       (2) Quorum.--A majority of the members of the Board shall 
     constitute a quorum.

     SEC. 203. FISH HABITAT PARTNERSHIPS.

       (a) Authority To Designate.--The Board may designate Fish 
     Habitat Partnerships in accordance with this section.
       (b) Purposes.--The purposes of a Partnership shall be--
       (1) to coordinate the implementation of the National Fish 
     Habitat Action Plan at a regional level;
       (2) to identify strategic priorities for fish habitat 
     conservation;
       (3) to recommend to the Board fish habitat conservation 
     projects that address a strategic priority of the Board; and
       (4) to develop and carry out fish habitat conservation 
     projects.
       (c) Applications.--An entity seeking to be designated as a 
     Partnership shall submit to the Board an application at such 
     time, in such manner, and containing such information as the 
     Board may reasonably require.
       (d) Approval.--The Board may approve an application for a 
     Partnership submitted under subsection (c) if the Board 
     determines that the applicant--
       (1) includes representatives of a diverse group of public 
     and private partners, including Federal, State, or local 
     governments, nonprofit entities, Indian tribes, and private 
     individuals, that are focused on conservation of aquatic 
     habitats to achieve results across jurisdictional boundaries 
     on public and private land;
       (2) is organized to promote the health of important aquatic 
     habitats and distinct geographical areas, keystone fish 
     species, or system types, including reservoirs, natural 
     lakes, coastal and marine environments, and estuaries;
       (3) identifies strategic fish and aquatic habitat 
     priorities for the Partnership area in the form of 
     geographical focus areas or key stressors or impairments to 
     facilitate strategic planning and decisionmaking;
       (4) is able to address issues and priorities on a 
     nationally significant scale;
       (5) includes a governance structure that--
       (A) reflects the range of all partners; and
       (B) promotes joint strategic planning and decisionmaking by 
     the applicant;
       (6) demonstrates completion of, or significant progress 
     toward the development of, a strategic plan to address the 
     causes of system decline in fish populations, rather than 
     simply treating symptoms in accordance with the National Fish 
     Habitat Action Plan; and
       (7) ensures collaboration in developing a strategic vision 
     and implementation program that is scientifically sound and 
     achievable.

     SEC. 204. FISH HABITAT CONSERVATION PROJECTS.

       (a) Submission to Board.--Not later than March 31 of each 
     calendar year, each Partnership shall submit to the Board a 
     list of fish habitat conservation projects recommended by the 
     Partnership for annual funding under this subtitle.
       (b) Recommendations by Board.--Not later than July 1 of 
     each calendar year, the Board shall submit to the Secretary a 
     description, including estimated costs, of each fish habitat 
     conservation project that the Board recommends that the 
     Secretary approve and fund under this subtitle, in order of 
     priority, for the following fiscal year.
       (c) Considerations.--The Board shall select each fish 
     habitat conservation project to be recommended to the 
     Secretary under subsection (b)--
       (1) based on a recommendation of the Partnership that is, 
     or will be, participating actively in carrying out the fish 
     habitat conservation project; and
       (2) after taking into consideration--
       (A) the extent to which the fish habitat conservation 
     project fulfills a purpose of this subtitle or a goal of the 
     National Fish Habitat Action Plan;
       (B) the extent to which the fish habitat conservation 
     project addresses the national priorities established by the 
     Board;
       (C) the availability of sufficient non-Federal funds to 
     match Federal contributions for the fish habitat conservation 
     project, as required by subsection (e);
       (D) the extent to which the fish habitat conservation 
     project--
       (i) increases fishing opportunities for the public;
       (ii) will be carried out through a cooperative agreement 
     among Federal, State, and local governments, Indian tribes, 
     and private entities;
       (iii) increases public access to land or water;
       (iv) advances the conservation of fish and wildlife species 
     that are listed, or are candidates to be listed, as 
     threatened species or endangered species under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.);
       (v) where appropriate, advances the conservation of fish 
     and fish habitats under the Magnuson-Stevens Act (16 U.S.C. 
     1801 et seq.) and other relevant Federal law and State 
     wildlife action plans; and
       (vi) promotes resilience such that desired biological 
     communities are able to persist and adapt to environmental 
     stressors such as climate change; and
       (E) the substantiality of the character and design of the 
     fish habitat conservation project.
       (d) Limitations.--
       (1) Requirements for evaluation.--No fish habitat 
     conservation project may be recommended by the Board under 
     subsection (b) or provided financial assistance under this 
     subtitle unless the fish habitat conservation project 
     includes an evaluation plan designed--
       (A) to appropriately assess the biological, ecological, or 
     other results of the habitat protection, restoration, or 
     enhancement activities carried out using the assistance;
       (B) to reflect appropriate changes to the fish habitat 
     conservation project if the assessment substantiates that the 
     fish habitat conservation project objectives are not being 
     met; and
       (C) to require the submission to the Board of a report 
     describing the findings of the assessment.
       (2) Acquisition of real property interests.--
       (A) In general.--No fish habitat conservation project that 
     will result in the acquisition by the State, local 
     government, or other non-Federal entity, in whole or in part, 
     of any real property interest may be recommended by the Board 
     under subsection (b) or provided financial assistance under 
     this

[[Page S6753]]

     subtitle unless the project meets the requirements of 
     subparagraph (B).
       (B) Requirements.--
       (i) In general.--A real property interest may not be 
     acquired pursuant to a fish habitat conservation project by a 
     State, public agency, or other non-Federal entity unless the 
     State, agency, or other non-Federal entity is obligated to 
     undertake the management of the property being acquired in 
     accordance with the purposes of this subtitle.
       (ii) Additional conditions.--Any real property interest 
     acquired by a State, local government, or other non-Federal 
     entity pursuant to a fish habitat conservation project shall 
     be subject to terms and conditions that ensure that the 
     interest will be administered for the long-term conservation 
     and management of the aquatic ecosystem and the fish and 
     wildlife dependent on that ecosystem.
       (e) Non-Federal Contributions.--
       (1) In general.--Except as provided in paragraph (2), no 
     fish habitat conservation project may be recommended by the 
     Board under subsection (b) or provided financial assistance 
     under this subtitle unless at least 50 percent of the cost of 
     the fish habitat conservation project will be funded with 
     non-Federal funds.
       (2) Projects on federal land or water.--Notwithstanding 
     paragraph (1), Federal funds may be used for payment of 100 
     percent of the costs of a fish habitat conservation project 
     located on Federal land or water.
       (3) Non-federal share.--The non-Federal share of the cost 
     of a fish habitat conservation project--
       (A) may not be derived from a Federal grant program; but
       (B) may include in-kind contributions and cash.
       (4) Special rule for indian tribes.--Notwithstanding 
     paragraph (1) or any other provision of law, any funds made 
     available to an Indian tribe pursuant to this subtitle may be 
     considered to be non-Federal funds for the purpose of 
     paragraph (1).
       (f) Approval.--
       (1) In general.--Not later than 180 days after the date of 
     receipt of the recommendations of the Board for fish habitat 
     conservation projects under subsection (b), and based, to the 
     maximum extent practicable, on the criteria described in 
     subsection (c)--
       (A) the Secretary shall approve, reject, or reorder the 
     priority of any fish habitat conservation project recommended 
     by the Board that is not within a marine or estuarine 
     habitat; and
       (B) the Secretary and the Secretary of Commerce shall 
     jointly approve, reject, or reorder the priority of any fish 
     habitat conservation project recommended by the Board that is 
     within a marine or estuarine habitat.
       (2) Funding.--If the Secretary, or the Secretary and the 
     Secretary of Commerce jointly, approves a fish habitat 
     conservation project under paragraph (1), the Secretary, or 
     the Secretary and the Secretary of Commerce jointly, shall 
     use amounts made available to carry out this subtitle to 
     provide funds to carry out the fish habitat conservation 
     project.
       (3) Notification.--If the Secretary, or the Secretary and 
     the Secretary of Commerce jointly, rejects or reorders the 
     priority of any fish habitat conservation project recommended 
     by the Board under subsection (b), the Secretary, or the 
     Secretary and the Secretary of Commerce jointly, shall 
     provide to the Board and the appropriate Partnership a 
     written statement of the reasons that the Secretary, or the 
     Secretary and the Secretary of Commerce jointly, rejected or 
     modified the priority of the fish habitat conservation 
     project.
       (4) Limitation.--If the Secretary, or the Secretary and the 
     Secretary of Commerce jointly, has not approved, rejected, or 
     reordered the priority of the recommendations of the Board 
     for fish habitat conservation projects by the date that is 
     180 days after the date of receipt of the recommendations, 
     the recommendations shall be considered to be approved.

     SEC. 205. NATIONAL FISH HABITAT CONSERVATION PARTNERSHIP 
                   OFFICE.

       (a) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall establish an 
     office, to be known as the ``National Fish Habitat 
     Conservation Partnership Office'', within the United States 
     Fish and Wildlife Service.
       (b) Functions.--The National Fish Habitat Conservation 
     Partnership Office shall--
       (1) provide funding to support the detail of State and 
     tribal fish and wildlife staff to the Office;
       (2) facilitate the cooperative development and approval of 
     Partnerships;
       (3) assist the Secretary and the Board in carrying out this 
     subtitle;
       (4) assist the Secretary in carrying out the requirements 
     of sections 206 and 208;
       (5) facilitate communication, cohesiveness, and efficient 
     operations for the benefit of Partnerships and the Board;
       (6) facilitate, with assistance from the Director, the 
     Assistant Administrator, and the President of the Association 
     of Fish and Wildlife Agencies, the consideration of fish 
     habitat conservation projects by the Board;
       (7) provide support to the Director regarding the 
     development and implementation of the interagency operational 
     plan under subsection (c);
       (8) coordinate technical and scientific reporting as 
     required by section 209;
       (9) facilitate the efficient use of resources and 
     activities of Federal departments and agencies to carry out 
     this subtitle in an efficient manner; and
       (10) provide support to the Board for national 
     communication and outreach efforts that promote public 
     awareness of fish habitat conservation.
       (c) Interagency Operational Plan.--Not later than 1 year 
     after the date of enactment of this Act, and every 5 years 
     thereafter, the Director, in cooperation with the Assistant 
     Administrator and the heads of other appropriate Federal 
     departments and agencies, shall develop an interagency 
     operational plan for the National Fish Habitat Conservation 
     Partnership Office that describes--
       (1) the functional, operational, technical, scientific, and 
     general staff, administrative, and material needs of the 
     Office; and
       (2) any interagency agreements between or among Federal 
     departments and agencies to address those needs.
       (d) Staff and Support.--
       (1) Departments of interior and commerce.--The Director and 
     the Assistant Administrator shall each provide appropriate 
     staff to support the National Fish Habitat Conservation 
     Partnership Office, subject to the availability of funds 
     under section 213.
       (2) States and indian tribes.--Each State and Indian tribe 
     is encouraged to provide staff to support the National Fish 
     Habitat Conservation Partnership Office.
       (3) Detailees and contractors.--The National Fish Habitat 
     Conservation Partnership Office may accept staff or other 
     administrative support from other entities--
       (A) through interagency details; or
       (B) as contractors.
       (4) Qualifications.--The staff of the National Fish Habitat 
     Conservation Partnership Office shall include members with 
     education and experience relating to the principles of fish, 
     wildlife, and aquatic habitat conservation.
       (5) Waiver of requirement.--The Secretary may waive all or 
     part of the non-Federal contribution requirement under 
     section 204(e)(1) if the Secretary determines that--
       (A) no reasonable means are available through which the 
     affected applicant can meet the requirement; and
       (B) the probable benefit of the relevant fish habitat 
     conservation project outweighs the public interest in meeting 
     the requirement.
       (e) Reports.--Not less frequently than once each year, the 
     Director shall provide to the Board a report describing the 
     activities of the National Fish Habitat Conservation 
     Partnership Office.

     SEC. 206. TECHNICAL AND SCIENTIFIC ASSISTANCE.

       (a) In General.--The Director, the Assistant Administrator, 
     and the Director of the United States Geological Survey, in 
     coordination with the Forest Service and other appropriate 
     Federal departments and agencies, shall provide scientific 
     and technical assistance to the Partnerships, participants in 
     fish habitat conservation projects, and the Board.
       (b) Inclusions.--Scientific and technical assistance 
     provided pursuant to subsection (a) may include--
       (1) providing technical and scientific assistance to 
     States, Indian tribes, regions, local communities, and 
     nongovernmental organizations in the development and 
     implementation of Partnerships;
       (2) providing technical and scientific assistance to 
     Partnerships for habitat assessment, strategic planning, and 
     prioritization;
       (3) supporting the development and implementation of fish 
     habitat conservation projects that are identified as high 
     priorities by Partnerships and the Board;
       (4) supporting and providing recommendations regarding the 
     development of science-based monitoring and assessment 
     approaches for implementation through Partnerships;
       (5) supporting and providing recommendations for a national 
     fish habitat assessment; and
       (6) ensuring the availability of experts to conduct 
     scientifically based evaluation and reporting of the results 
     of fish habitat conservation projects.

     SEC. 207. CONSERVATION OF AQUATIC HABITAT FOR FISH AND OTHER 
                   AQUATIC ORGANISMS ON FEDERAL LAND.

       To the extent consistent with the mission and authority of 
     the applicable department or agency, the head of each Federal 
     department and agency responsible for acquiring, managing, or 
     disposing of Federal land or water shall cooperate with the 
     Assistant Administrator and the Director to conserve the 
     aquatic habitats for fish and other aquatic organisms within 
     the land and water of the department or agency.

     SEC. 208. COORDINATION WITH STATES AND INDIAN TRIBES.

       The Secretary shall provide a notice to, and coordinate 
     with, the appropriate State agency or tribal agency, as 
     applicable, of each State and Indian tribe within the 
     boundaries of which an activity is planned to be carried out 
     pursuant to this subtitle by not later than 30 days before 
     the date on which the activity is implemented.

     SEC. 209. ACCOUNTABILITY AND REPORTING.

       (a) Implementation Reports.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, and every 2 years thereafter, the 
     Board shall submit to the appropriate congressional 
     committees a report describing the implementation of--
       (A) this subtitle; and
       (B) the National Fish Habitat Action Plan.

[[Page S6754]]

       (2) Contents.--Each report submitted under paragraph (1) 
     shall include--
       (A) an estimate of the number of acres, stream miles, or 
     acre-feet (or other suitable measure) of aquatic habitat that 
     was protected, restored, or enhanced under the National Fish 
     Habitat Action Plan by Federal, State, or local governments, 
     Indian tribes, or other entities in the United States during 
     the 2-year period ending on the date of submission of the 
     report;
       (B) a description of the public access to aquatic habitats 
     protected, restored, or established under the National Fish 
     Habitat Action Plan during that 2-year period;
       (C) a description of the opportunities for public fishing 
     established under the National Fish Habitat Action Plan 
     during that period; and
       (D) an assessment of the status of fish habitat 
     conservation projects carried out with funds provided under 
     this subtitle during that period, disaggregated by year, 
     including--
       (i) a description of the fish habitat conservation projects 
     recommended by the Board under section 204(b);
       (ii) a description of each fish habitat conservation 
     project approved by the Secretary under section 204(f), in 
     order of priority for funding;
       (iii) a justification for--

       (I) the approval of each fish habitat conservation project; 
     and
       (II) the order of priority for funding of each fish habitat 
     conservation project;

       (iv) a justification for any rejection or reordering of the 
     priority of each fish habitat conservation project 
     recommended by the Board under section 204(b) that was based 
     on a factor other than the criteria described in section 
     204(c); and
       (v) an accounting of expenditures by Federal, State, or 
     local governments, Indian tribes, or other entities to carry 
     out fish habitat conservation projects.
       (b) Status and Trends Report.--Not later than December 31, 
     2012, and every 5 years thereafter, the Board shall submit to 
     the appropriate congressional committees a report describing 
     the status of aquatic habitats in the United States.
       (c) Revisions.--Not later than December 31, 2013, and every 
     5 years thereafter, the Board shall revise the goals and 
     other elements of the National Fish Habitat Action Plan, 
     after consideration of each report required by subsection 
     (b).

     SEC. 210. REGULATIONS.

       The Secretary may promulgate such regulations as the 
     Secretary determines to be necessary to carry out this 
     subtitle.

     SEC. 211. EFFECT OF SUBTITLE.

       (a) Water Rights.--Nothing in this subtitle--
       (1) establishes any express or implied reserved water right 
     in the United States for any purpose;
       (2) affects any water right in existence on the date of 
     enactment of this Act;
       (3) preempts or affects any State water law or interstate 
     compact governing water; or
       (4) affects any Federal or State law in existence on the 
     date of enactment of the Act regarding water quality or water 
     quantity.
       (b) State Authority.--Nothing in this subtitle--
       (1) affects the authority, jurisdiction, or responsibility 
     of a State to manage, control, or regulate fish and wildlife 
     under the laws and regulations of the State; or
       (2) authorizes the Secretary to control or regulate within 
     a State the fishing or hunting of fish and wildlife.
       (c) Effect on Indian Tribes.--Nothing in this subtitle 
     abrogates, abridges, affects, modifies, supersedes, or alters 
     any right of an Indian tribe recognized by treaty or any 
     other means, including--
       (1) an agreement between the Indian tribe and the United 
     States;
       (2) Federal law (including regulations);
       (3) an Executive order; or
       (4) a judicial decree.
       (d) Adjudication of Water Rights.--Nothing in this subtitle 
     diminishes or affects the ability of the Secretary to join an 
     adjudication of rights to the use of water pursuant to 
     subsection (a), (b), or (c) of section 208 of the Department 
     of Justice Appropriation Act, 1953 (43 U.S.C. 666).
       (e) Effect on Other Authorities.--
       (1) Acquisition of land and water.--Nothing in this 
     subtitle alters or otherwise affects the authorities, 
     responsibilities, obligations, or powers of the Secretary to 
     acquire land, water, or an interest in land or water under 
     any other provision of law.
       (2) Private property protection.--Nothing in this subtitle 
     permits the use of funds made available to carry out this 
     subtitle to acquire real property or a real property interest 
     without the written consent of each owner of the real 
     property or real property interest.
       (3) Mitigation.--Nothing in this subtitle permits the use 
     of funds made available to carry out this subtitle for fish 
     and wildlife mitigation purposes under--
       (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (B) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
     et seq.);
       (C) the Water Resources Development Act of 1986 (Public Law 
     99-662; 100 Stat. 4082); or
       (D) any other Federal law or court settlement.

     SEC. 212. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

       The Federal Advisory Committee Act (5 U.S.C. App.) shall 
     not apply to--
       (1) the Board; or
       (2) any Partnership.

     SEC. 213. FUNDING.

       (a) Authorization of Appropriations.--
       (1) Fish habitat conservation projects.--There is 
     authorized to be appropriated to the Secretary $7,200,000 for 
     each of fiscal years 2012 through 2016 to provide funds for--
       (A) fish habitat conservation projects approved under 
     section 204(f), of which 5 percent shall be made available 
     for each fiscal year for projects carried out by Indian 
     tribes; and
       (B) the operational needs of the Partnerships, including 
     funding for activities such as planning, project development 
     and implementation, coordination, monitoring, evaluation, 
     communication, and outreach.
       (2) National fish habitat conservation partnership 
     office.--
       (A) In general.--There is authorized to be appropriated to 
     the Secretary for each of fiscal years 2012 through 2016 for 
     the National Fish Habitat Conservation Partnership Office, 
     and to carry out section 209, an amount equal to 5 percent of 
     the amount appropriated for the applicable fiscal year 
     pursuant to paragraph (1).
       (B) Required transfers.--The Secretary shall annually 
     transfer to other Federal departments and agencies such 
     percentage of the amounts made available pursuant to 
     subparagraph (A) as is required to support participation by 
     those departments and agencies in the National Fish Habitat 
     Conservation Partnership Office pursuant to the interagency 
     operational plan under section 205(c).
       (3) Technical and scientific assistance.--There are 
     authorized to be appropriated for each of fiscal years 2012 
     through 2016 to carry out, and provide technical and 
     scientific assistance under, section 206--
       (A) $500,000 to the Secretary for use by the United States 
     Fish and Wildlife Service;
       (B) $500,000 to the Assistant Administrator for use by the 
     National Oceanic and Atmospheric Administration; and
       (C) $500,000 to the Secretary for use by the United States 
     Geological Survey.
       (4) Planning and administrative expenses.--There is 
     authorized to be appropriated to the Secretary for each of 
     fiscal years 2012 through 2016 for use by the Board, the 
     Director, and the Assistant Administrator for planning and 
     administrative expenses an amount equal to 4 percent of the 
     amount appropriated for the applicable fiscal year pursuant 
     to paragraph (1).
       (b) Agreements and Grants.--The Secretary may--
       (1) on the recommendation of the Board, and notwithstanding 
     sections 6304 and 6305 of title 31, United States Code, and 
     the Federal Financial Assistance Management Improvement Act 
     of 1999 (31 U.S.C. 6101 note; Public Law 106-107), enter into 
     a grant agreement, cooperative agreement, or contract with a 
     Partnership or other entity for a fish habitat conservation 
     project or restoration or enhancement project;
       (2) apply for, accept, and use a grant from any individual 
     or entity to carry out the purposes of this subtitle; and
       (3) make funds available to any Federal department or 
     agency for use by that department or agency to provide grants 
     for any fish habitat protection project, restoration project, 
     or enhancement project that the Secretary determines to be 
     consistent with this subtitle.
       (c) Donations.--
       (1) In general.--The Secretary may--
       (A) enter into an agreement with any organization described 
     in section 501(c)(3) of the Internal Revenue Code of 1986 
     that is exempt from taxation under section 501(a) of that 
     Code to solicit private donations to carry out the purposes 
     of this subtitle; and
       (B) accept donations of funds, property, and services to 
     carry out the purposes of this subtitle.
       (2) Treatment.--A donation accepted under this section--
       (A) shall be considered to be a gift or bequest to, or 
     otherwise for the use of, the United States; and
       (B) may be--
       (i) used directly by the Secretary; or
       (ii) provided to another Federal department or agency 
     through an interagency agreement.
                        Subtitle B--Duck Stamps

     SEC. 221. FINDINGS.

       Congress finds that--
       (1) Federal Migratory Bird Hunting and Conservation Stamps 
     (commonly known as ``duck stamps'') were created in 1934 as 
     Federal licenses required for hunting migratory waterfowl;
       (2)(A) duck stamps are a vital tool for wetland 
     conservation;
       (B) 98 percent of the receipts from duck stamp sales are 
     used to acquire important migratory bird breeding, migration, 
     and wintering habitat, which are added to the National 
     Wildlife Refuge System; and
       (C) those benefits extend to all wildlife, not just ducks;
       (3) since inception, the Federal duck stamp program--
       (A) has generated more than $750,000,000;
       (B) has preserved more than 5,000,000 acres of wetland and 
     wildlife habitat; and
       (C) is considered among the most successful conservation 
     programs ever initiated;
       (4)(A) since 1934, when duck stamps cost $1, the price has 
     been increased 7 times to the price in effect on the date of 
     enactment of this Act of $15, which took effect in 1991; and

[[Page S6755]]

       (B) the price of the duck stamp has not increased since 
     1991, the longest single period without an increase in 
     program history; and
       (5) with the price unchanged during the 20-year period 
     ending on the date of enactment of this Act, duck stamps have 
     lost 40 percent of the value of the duck stamps based on the 
     consumer price index, while the United States Fish and 
     Wildlife Service reports the price of land in targeted 
     wetland areas has tripled from an average of $306 to $1,091 
     per acre.

     SEC. 222. COST OF STAMPS.

       Section 2 of the Migratory Bird Hunting and Conservation 
     Stamp Act (16 U.S.C. 718b) is amended by striking subsection 
     (b) and inserting the following:
       ``(b) Cost of Stamps.--
       ``(1) In general.--For the 3-calendar-year period beginning 
     with calendar year 2013, and for each 3-calendar-year period 
     thereafter, the Secretary, in consultation with the Migratory 
     Bird Conservation Commission, shall establish the amount to 
     be collected under paragraph (2) for each stamp sold under 
     this section.
       ``(2) Collection of amounts.--The United States Postal 
     Service, the Department of the Interior, or any other agent 
     approved by the Department of the Interior shall collect the 
     amount established under paragraph (1) for each stamp sold 
     under this section for a hunting year if the Secretary 
     determines, at any time before February 1 of the calendar 
     year during which the hunting year begins, that all amounts 
     described in paragraph (3) have been obligated for 
     expenditure.
       ``(3) Amounts.--The amounts described in this paragraph are 
     amounts in the Migratory Bird Conservation Fund that are 
     available for obligation and attributable to--
       ``(A) amounts appropriated pursuant to this Act for the 
     fiscal year ending in the immediately preceding calendar 
     year; and
       ``(B) the sale of stamps under this section during that 
     fiscal year.''.

     SEC. 223. WAIVERS.

       Section 1(a) of the Migratory Bird Hunting and Conservation 
     Stamp Act (16 U.S.C. 718a(a)) is amended--
       (1) in paragraph (1), by inserting ``and subsection (d)'' 
     after ``paragraph (2)''; and
       (2) by adding at the end the following:
       ``(d) Waivers.--
       ``(1) In general.--The Secretary, in consultation with the 
     Migratory Bird Conservation Commission, may waive 
     requirements under this section for such individuals as the 
     Secretary, in consultation with the Migratory Bird 
     Conservation Commission, determines to be appropriate.
       ``(2) Limitation.--In making the determination described in 
     paragraph (1), the Secretary shall grant only those waivers 
     the Secretary determines will have a minimal adverse effect 
     on funds to be deposited in the Migratory Bird Conservation 
     Fund established under section 4(a)(3).''.

     SEC. 224. PERMANENT ELECTRONIC DUCK STAMPS.

       (a) Definitions.--In this section:
       (1) Actual stamp.--The term ``actual stamp'' means a 
     Federal migratory-bird hunting and conservation stamp 
     required under the Act of March 16, 1934 (16 U.S.C. 718a et 
     seq.) (popularly known as the ``Duck Stamp Act''), that is 
     printed on paper and sold through the means established by 
     the authority of the Secretary immediately before the date of 
     enactment of this Act.
       (2) Automated licensing system.--
       (A) In general.--The term ``automated licensing system'' 
     means an electronic, computerized licensing system used by a 
     State fish and wildlife agency to issue hunting, fishing, and 
     other associated licenses and products.
       (B) Inclusion.--The term ``automated licensing system'' 
     includes a point-of-sale, Internet, telephonic system, or 
     other electronic applications used for a purpose described in 
     subparagraph (A).
       (3) Electronic stamp.--The term ``electronic stamp'' means 
     an electronic version of an actual stamp that--
       (A) is a unique identifier for the individual to whom it is 
     issued;
       (B) can be printed on paper or produced through an 
     electronic application with the same indicators as the State 
     endorsement provides;
       (C) is issued through a State automated licensing system 
     that is authorized, under State law and by the Secretary 
     under this section, to issue electronic stamps;
       (D) is compatible with the hunting licensing system of the 
     State that issues the electronic stamp; and
       (E) is described in the State application approved by the 
     Secretary under subsection (c).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Authority to Issue Electronic Duck Stamps.--
       (1) In general.--The Secretary may authorize any State to 
     issue electronic stamps in accordance with this section.
       (2) Consultation.--The Secretary shall implement this 
     subsection in consultation with State management agencies.
       (c) State Application.--
       (1) Approval of application required.--The Secretary may 
     not authorize a State to issue electronic stamps under this 
     section unless the Secretary has received and approved an 
     application submitted by the State in accordance with this 
     subsection.
       (2) Number of new states.--The Secretary may determine the 
     number of new States per year to participate in the 
     electronic stamp program.
       (3) Contents of application.--The Secretary may not approve 
     a State application unless the application contains--
       (A) a description of the format of the electronic stamp 
     that the State will issue under this section, including 
     identifying features of the licensee that will be specified 
     on the stamp;
       (B) a description of any fee the State will charge for 
     issuance of an electronic stamp;
       (C) a description of the process the State will use to 
     account for and transfer to the Secretary the amounts 
     collected by the State that are required to be transferred to 
     the Secretary under the program;
       (D) the manner by which the State will transmit electronic 
     stamp customer data to the Secretary;
       (E) the manner by which actual stamps will be delivered;
       (F) the policies and procedures under which the State will 
     issue duplicate electronic stamps; and
       (G) such other policies, procedures, and information as may 
     be reasonably required by the Secretary.
       (d) Publication of Deadlines, Eligibility Requirements, and 
     Selection Criteria.--Not later than 30 days before the date 
     on which the Secretary begins accepting applications under 
     this section, the Secretary shall publish--
       (1) deadlines for submission of applications;
       (2) eligibility requirements for submitting applications; 
     and
       (3) criteria for approving applications.
       (e) State Obligations and Authorities.--
       (1) Delivery of actual stamp.--The Secretary shall require 
     that each individual to whom a State sells an electronic 
     stamp under this section shall receive an actual stamp--
       (A) by not later than the date on which the electronic 
     stamp expires under subsection (f)(3); and
       (B) in a manner agreed on by the State and Secretary.
       (2) Collection and transfer of electronic stamp revenue and 
     customer information.--
       (A) Requirement to transmit.--The Secretary shall require 
     each State authorized to issue electronic stamps to collect 
     and submit to the Secretary in accordance with this 
     subsection--
       (i) the first name, last name, and complete mailing address 
     of each individual that purchases an electronic stamp from 
     the State;
       (ii) the face value amount of each electronic stamp sold by 
     the State; and
       (iii) the amount of the Federal portion of any fee required 
     by the agreement for each stamp sold.
       (B) Time of transmittal.--The Secretary shall require the 
     submission under subparagraph (A) to be made with respect to 
     sales of electronic stamps by a State according to the 
     written agreement between the Secretary and the State agency.
       (C) Additional fees not affected.--This subsection shall 
     not apply to the State portion of any fee collected by a 
     State under paragraph (3).
       (3) Electronic stamp issuance fee.--A State authorized to 
     issue electronic stamps may charge a reasonable fee to cover 
     costs incurred by the State and the Department of the 
     Interior in issuing electronic stamps under this section, 
     including costs of delivery of actual stamps.
       (4) Duplicate electronic stamps.--A State authorized to 
     issue electronic stamps may issue a duplicate electronic 
     stamp to replace an electronic stamp issued by the State that 
     is lost or damaged.
       (5) Limitation on authority to require purchase of state 
     license.--A State may not require that an individual purchase 
     a State hunting license as a condition of issuing an 
     electronic stamp under this section.
       (f) Electronic Stamp Requirements; Recognition of 
     Electronic Stamp.--
       (1) Stamp requirements.--The Secretary shall require an 
     electronic stamp issued by a State under this section--
       (A) to have the same format as any other license, 
     validation, or privilege the State issues under the automated 
     licensing system of the State; and
       (B) to specify identifying features of the licensee that 
     are adequate to enable Federal, State, and other law 
     enforcement officers to identify the holder.
       (2) Recognition of electronic stamp.--Any electronic stamp 
     issued by a State under this section shall, during the 
     effective period of the electronic stamp--
       (A) bestow on the licensee the same privileges as are 
     bestowed by an actual stamp;
       (B) be recognized nationally as a valid Federal migratory 
     bird hunting and conservation stamp; and
       (C) authorize the licensee to hunt migratory waterfowl in 
     any other State, in accordance with the laws of the other 
     State governing that hunting.
       (3) Duration.--An electronic stamp issued by a State shall 
     be valid for a period agreed to by the State and the 
     Secretary, which shall not exceed 45 days.
       (g) Termination of State Participation.--The authority of a 
     State to issue electronic stamps under this section may be 
     terminated--
       (1) by the Secretary, if the Secretary--

[[Page S6756]]

       (A) finds that the State has violated any of the terms of 
     the application of the State approved by the Secretary under 
     subsection (c); and
       (B) provides to the State written notice of the termination 
     by not later than the date that is 30 days before the date of 
     termination; or
       (2) by the State, by providing written notice to the 
     Secretary by not later than the date that is 30 days before 
     the termination date.
    Subtitle C--Joint Ventures to Protect Migratory Bird Populations

     SEC. 231. PURPOSES.

       The purpose of this subtitle is to authorize the Secretary 
     of the Interior, acting through the Director, to carry out a 
     partnership program called the ``Joint Ventures Program'', in 
     coordination with other Federal agencies with management 
     authority over fish and wildlife resources and the States, to 
     develop, implement, and support innovative, voluntary, 
     cooperative, and effective conservation strategies and 
     conservation actions--
       (1) to promote, primarily, sustainable populations of 
     migratory birds, and, secondarily, the fish and wildlife 
     species associated with their habitats;
       (2) to encourage stakeholder and government partnerships 
     consistent with the goals of protecting, improving, and 
     restoring habitat;
       (3) to establish, implement, and improve science-based 
     migratory bird conservation plans and promote and facilitate 
     broader landscape-level conservation of fish and wildlife 
     habitat; and
       (4) to support the goals and objectives of the North 
     American Waterfowl Management Plan and other relevant 
     national and regional, multipartner conservation initiatives, 
     treaties, conventions, agreements, or strategies entered into 
     by the United States, and implemented by the Secretary, that 
     promote the conservation of migratory birds and the habitats 
     of migratory birds.

     SEC. 232. DEFINITIONS.

       In this subtitle:
       (1) Conservation action.--The term ``conservation action'' 
     means activities that--
       (A) support the protection, restoration, adaptive 
     management, conservation, or enhancement of migratory bird 
     populations, their terrestrial, wetland, marine, or other 
     habitats, and other wildlife species supported by those 
     habitats, including--
       (i) biological and geospatial planning;
       (ii) landscape and conservation design;
       (iii) habitat protection, enhancement, and restoration;
       (iv) monitoring and tracking;
       (v) applied research; and
       (vi) public outreach and education; and
       (B) incorporate adaptive management and science-based 
     monitoring, where applicable, to improve outcomes and ensure 
     efficient and effective use of Federal funds.
       (2) Director.--The term ``Director'' means the Director of 
     the United States Fish and Wildlife Service.
       (3) Implementation plan.--The term ``Implementation Plan'' 
     means an Implementation Plan approved by the Director under 
     section 232.
       (4) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given that term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (5) Joint venture.--The term ``Joint Venture'' means a 
     self-directed, voluntary partnership, established and 
     conducted for the purposes described in section 231 and in 
     accordance with section 233.
       (6) Management board.--The term ``Management Board'' means 
     a Joint Venture Management Board established in accordance 
     with section 233.
       (7) Migratory birds.--The term ``migratory birds'' means 
     those species included in the list of migratory birds that 
     appears in section 10.13 of title 50, Code of Federal 
     Regulations, under the authority of the Migratory Bird Treaty 
     Act.
       (8) Program.--The term ``Program'' means the Joint Ventures 
     Program conducted in accordance with this subtitle.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (10) Service.--The term ``Service'' means the United States 
     Fish and Wildlife Service.
       (11) State.--The term ``State'' means--
       (A) any State of the United States, the District of 
     Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin 
     Islands, American Samoa, and the Commonwealth of the Northern 
     Mariana Islands; and
       (B) one or more agencies of a State government responsible 
     under State law for managing fish or wildlife resources.

     SEC. 233. JOINT VENTURES PROGRAM.

       (a) In General.--The Secretary, acting through the 
     Director, shall carry out a Joint Ventures Program that--
       (1) provides financial and technical assistance to support 
     regional migratory bird conservation partnerships;
       (2) develops and implements plans to protect and enhance 
     migratory bird populations throughout their range, that are 
     focused on regional landscapes and habitats that support 
     those populations; and
       (3) complements and supports activities by the Secretary 
     and the Director to fulfill obligations under--
       (A) the Migratory Bird Treaty Act (16 U.S.C. 701 et seq.);
       (B) the Migratory Bird Conservation Act (16 U.S.C. 715 et 
     seq.);
       (C) the Neotropical Migratory Bird Conservation Act (16 
     U.S.C. 6101 et seq.);
       (D) the North American Wetlands Conservation Act (16 U.S.C. 
     4401 et seq.);
       (E) the Fish and Wildlife Conservation Act of 1980 (16 
     U.S.C. 2901 et seq.); and
       (F) the Partners for Fish and Wildlife Act (16 U.S.C. 3771 
     et seq.).
       (b) Coordination With States.--In the administration of the 
     program authorized under this section, the Director shall 
     coordinate and cooperate with the States to fulfill the 
     purposes of this subtitle.

     SEC. 234. ADMINISTRATION.

       (a) Partnership Agreements.--
       (1) In general.--The Director may enter into an agreement 
     with eligible partners to achieve the purposes described in 
     section 231.
       (2) Eligible partners.--The eligible partners referred to 
     in paragraph (1) are the following:
       (A) Federal and State agencies and Indian tribes.
       (B) Affected regional and local governments, private 
     landowners, land managers, and other private stakeholders.
       (C) Nongovernmental organizations with expertise in bird 
     conservation or fish and wildlife conservation or natural 
     resource and landscape management generally.
       (D) Other relevant stakeholders, as determined by the 
     Director.
       (b) Management Board.--
       (1) In general.--A partnership agreement for a Joint 
     Venture under this section shall establish a Management Board 
     in accordance with this subsection.
       (2) Membership.--The Management Board shall include a 
     diversity of members representing stakeholder interests from 
     the appropriate geographic region, including, as appropriate, 
     representatives from the Service and other Federal agencies 
     that have management authority over fish and wildlife 
     resources on public lands or in the marine environment, or 
     that implement programs that affect migratory bird habitats, 
     and representatives from the States, Indian tribes, and other 
     relevant stakeholders, and may include--
       (A) regional governments and Indian tribes;
       (B) academia or the scientific community;
       (C) nongovernmental landowners or land managers;
       (D) nonprofit conservation or other relevant organizations 
     with expertise in migratory bird conservation, or in fish and 
     wildlife conservation generally; and
       (E) private organizations with a dedicated interest in 
     conserving migratory birds and their habitats.
       (3) Functions and responsibilities.--Subject to applicable 
     Federal and State law, the Management Board shall--
       (A) appoint a coordinator for the Joint Venture in 
     consultation with the Director;
       (B) identify other full- or part-time administrative and 
     technical non-Federal employees necessary to perform the 
     functions of the Joint Venture and meet objectives specified 
     in the Implementation Plan; and
       (C) establish committees or other organizational entities 
     necessary to implement the Implementation Plan in accordance 
     with subsection (c).
       (4) Use of service and federal agency employees.--Subject 
     to the availability of appropriations and upon the request 
     from a Management Board, and after consultation with and 
     approval of the Director, the head of any Federal agency may 
     detail to the Management Board, on a reimbursable or 
     nonreimbursable basis, any agency personnel to assist the 
     Joint Venture in performing its functions under this 
     subtitle.
       (c) Implementation Plan.--
       (1) In general.--Each Joint Venture Management Board shall 
     develop and maintain an Implementation Plan that shall 
     contain, at a minimum, the following elements:
       (A) A strategic framework for migratory bird conservation.
       (B) Provisions for effective communication among member 
     participants within the Joint Venture.
       (C) A long-term strategy to conduct public outreach and 
     education regarding the purposes and activities of the Joint 
     Venture and activities to regularly communicate to the 
     general public information generated by the Joint Venture.
       (D) Coordination with laws and conservation plans that are 
     relevant to migratory birds, and other relevant regional, 
     national, or international initiatives identified by the 
     Director to conserve migratory birds, their habitats, 
     ecological functions, and associated populations of fish and 
     wildlife.
       (E) An organizational plan that--
       (i) identifies the representative membership of the 
     Management Board and includes procedures for updating the 
     membership of the Management Board as appropriate;
       (ii) describes the organizational structure of the Joint 
     Venture, including proposed committees and subcommittees, and 
     procedures for revising and updating the structure, as 
     necessary; and
       (iii) provides a strategy to increase stakeholder 
     participation or membership in the Joint Venture.
       (F) Procedures to coordinate the development, 
     implementation, oversight, monitoring, tracking, and 
     reporting of conservation actions approved by the Management 
     Board and an evaluation process to determine overall 
     effectiveness of activities undertaken by the Joint Venture.
       (2) Review.--A Joint Venture Implementation Plan shall be 
     submitted to the Director for approval.

[[Page S6757]]

       (3) Approval.--The Director shall approve an Implementation 
     Plan submitted by the Management Board for a Joint Venture if 
     the Director finds that--
       (A) implementation of the plan would promote the purposes 
     of this subtitle described in section 231;
       (B) the members of the Joint Venture have demonstrated the 
     capacity to implement conservation actions identified in the 
     Implementation Plan; and
       (C) the plan includes coordination with other relevant and 
     active conservation plans or programs within the geographic 
     scope of the Joint Venture.

     SEC. 235. GRANTS AND OTHER ASSISTANCE.

       (a) In General.--Except as provided in subsection (b), and 
     subject to the availability of appropriations, the Director 
     may award financial assistance to implement a Joint Venture 
     through--
       (1) support of the activities of the Management Board of 
     the Joint Venture and to pay for necessary administrative 
     costs and services, personnel, and meetings, travel, and 
     other business activities; and
       (2) support for specific conservation actions and other 
     activities necessary to carry out the Implementation Plan.
       (b) Limitation.--A Joint Venture is not eligible for 
     assistance or support authorized in this section unless the 
     Joint Venture is operating under an Implementation Plan 
     approved by the Director under section 234.
       (c) Technical Assistance.--The Secretary, through the 
     Director, may provide technical and administrative assistance 
     for implementation of Joint Ventures and the expenditure of 
     financial assistance under this subsection.
       (d) Acceptance and Use of Donations.--The Secretary, 
     through the Director, may accept and use donations of funds, 
     gifts, and in-kind contributions to provide assistance under 
     this section.

     SEC. 236. REPORTING.

       (a) Annual Reports by Management Boards.--The Secretary, 
     acting through the Director, shall--
       (1) require each Management Board to submit annual reports 
     for all approved Joint Ventures of the Management Board; and
       (2) establish guidance for Joint Venture annual reports, 
     including contents and any necessary processes or procedures.
       (b) Joint Venture Program 5-Year Reviews.--
       (1) In general.--The Secretary, acting through the 
     Director, shall at 5 years after the date of enactment of 
     this Act and at 5-year intervals thereafter, complete an 
     objective and comprehensive review and evaluation of the 
     Program.
       (2) Review contents.--Each review under this subsection 
     shall include--
       (A) an evaluation of the effectiveness of the Program in 
     meeting the purpose of this subtitle specified in section 
     231;
       (B) an evaluation of all approved Implementation Plans, 
     especially the effectiveness of existing conservation 
     strategies, priorities, and methods to meet the objectives of 
     such plans and fulfill the purpose of this subtitle; and
       (C) recommendations to revise the Program or to amend or 
     otherwise revise Implementation Plans to ensure that 
     activities undertaken pursuant to this subtitle address the 
     effects of climate change on migratory bird populations and 
     their habitats, and fish and wildlife habitats, in general.
       (3) Consultation.--The Secretary, acting through the 
     Director, in the implementation of this subsection--
       (A) shall consult with other appropriate Federal agencies 
     with responsibility for the conservation or management of 
     fish and wildlife habitat and appropriate State agencies; and
       (B) may consult with appropriate, Indian tribes, Flyway 
     Councils, or regional conservation organizations, public and 
     private landowners, members of academia and the scientific 
     community, and other nonprofit conservation or private 
     stakeholders.
       (4) Public comment.--The Secretary, through the Director, 
     shall provide for adequate opportunities for general public 
     review and comment of the Program as part of the 5-year 
     evaluations conducted pursuant to this subsection.

     SEC. 237. RELATIONSHIP TO OTHER AUTHORITIES.

       (a) Authorities, etc. of Secretary.--Nothing in this 
     subtitle affects authorities, responsibilities, obligations, 
     or powers of the Secretary under any other Act.
       (b) State Authority.--Nothing in this subtitle preempts any 
     provision or enforcement of a State statute or regulation 
     relating to the management of fish and wildlife resources 
     within such State.

     SEC. 238. FEDERAL ADVISORY COMMITTEE ACT.

       The Federal Advisory Committee Act (5 U.S.C. App.) shall 
     not apply to any boards, committees, or other groups 
     established under this subtitle.
                      Subtitle D--Reauthorizations

     SEC. 241. NORTH AMERICAN WETLANDS CONSERVATION ACT.

       Section 7(c)(5) of the North American Wetlands Conservation 
     Act (16 U.S.C. 4406(c)(5)) is amended by striking ``2012'' 
     and inserting ``2017''.

     SEC. 242. PARTNERS FOR FISH AND WILDLIFE ACT.

       Section 5 of the Partners for Fish and Wildlife Act (16 
     U.S.C. 3774) is amended by striking ``2011'' and inserting 
     ``2017''.

     SEC. 243. NATIONAL FISH AND WILDLIFE FOUNDATION 
                   REAUTHORIZATION.

       (a) Board of Directors of the Foundation.--
       (1) In general.--Section 3 of the National Fish and 
     Wildlife Foundation Establishment Act (16 U.S.C. 3702) is 
     amended--
       (A) in subsection (b)--
       (i) by striking paragraph (2) and inserting the following:
       ``(2) In general.--After consulting with the Secretary of 
     Commerce and considering the recommendations submitted by the 
     Board, the Secretary of the Interior shall appoint 28 
     Directors who, to the maximum extent practicable, shall--
       ``(A) be knowledgeable and experienced in matters relating 
     to conservation of fish, wildlife, or other natural 
     resources; and
       ``(B) represent a balance of expertise in ocean, coastal, 
     freshwater, and terrestrial resource conservation.''; and
       (ii) by striking paragraph (3) and inserting the following:
       ``(3) Terms.--Each Director (other than a Director 
     described in paragraph (1)) shall be appointed for a term of 
     6 years.''; and
       (B) in subsection (g)(2)--
       (i) in subparagraph (A), by striking ``(A) Officers and 
     employees may not be appointed until the Foundation has 
     sufficient funds to pay them for their service. Officers'' 
     and inserting the following:
       ``(A) In general.--Officers''; and
       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Executive director.--The Foundation shall have an 
     Executive Director who shall be--
       ``(i) appointed by, and serve at the direction of, the 
     Board as the chief executive officer of the Foundation; and
       ``(ii) knowledgeable and experienced in matters relating to 
     fish and wildlife conservation.''.
       (2) Conforming amendment.--Section 4(a)(1)(B) of the North 
     American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) 
     is amended by striking ``Secretary of the Board'' and 
     inserting ``Executive Director of the Board''.
       (b) Rights and Obligations of the Foundation.--Section 4 of 
     the National Fish and Wildlife Foundation Establishment Act 
     (16 U.S.C. 3703) is amended--
       (1) in subsection (c)--
       (A) by striking ``(c) Powers.--To carry out its purposes 
     under'' and inserting the following:
       ``(c) Powers.--
       ``(1) In general.--To carry out the purposes described 
     in'';
       (B) by redesignating paragraphs (1) through (11) as 
     subparagraphs (A) through (K), respectively, and indenting 
     appropriately;
       (C) in subparagraph (D) (as redesignated by subparagraph 
     (B)), by striking ``that are insured by an agency or 
     instrumentality of the United States'' and inserting ``at 1 
     or more financial institutions that are members of the 
     Federal Deposit Insurance Corporation or the Securities 
     Investment Protection Corporation'';
       (D) in subparagraph (E) (as redesignated by subparagraph 
     (B)), by striking ``paragraph (3) or (4)'' and inserting 
     ``subparagraph (C) or (D)'';
       (E) in subparagraph (J) (as redesignated by subparagraph 
     (B)), by striking ``; and'' and inserting a semicolon;
       (F) by striking subparagraph (K) (as redesignated by 
     subparagraph (B)) and inserting the following:
       ``(K) to receive and administer restitution and community 
     service payments, amounts for mitigation of impacts to 
     natural resources, and other amounts arising from legal, 
     regulatory, or administrative proceedings, subject to the 
     condition that the amounts are received or administered for 
     purposes that further the conservation and management of 
     fish, wildlife, plants, and other natural resources; and
       ``(L) to do any and all acts necessary and proper to carry 
     out the purposes of the Foundation.''; and
       (G) by striking the undesignated matter at the end and 
     inserting the following:
       ``(2) Treatment of real property.--
       ``(A) In general.--For purposes of this Act, an interest in 
     real property shall be treated as including easements or 
     other rights for preservation, conservation, protection, or 
     enhancement by and for the public of natural, scenic, 
     historic, scientific, educational, inspirational, or 
     recreational resources.
       ``(B) Encumbered real property.--A gift, devise, or bequest 
     may be accepted by the Foundation even though the gift, 
     devise, or bequest is encumbered, restricted, or subject to 
     beneficial interests of private persons if any current or 
     future interest in the gift, devise, or bequest is for the 
     benefit of the Foundation.
       ``(3) Savings clause.--The acceptance and administration of 
     amounts by the Foundation under paragraph (1)(K) does not 
     alter, supersede, or limit any regulatory or statutory 
     requirement associated with those amounts.'';
       (2) by striking subsections (f) and (g); and
       (3) by redesignating subsections (h) and (i) as subsections 
     (f) and (g), respectively.
       (c) Authorization of Appropriations.--Section 10 of the 
     National Fish and Wildlife Foundation Establishment Act (16 
     U.S.C. 3709) is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:

[[Page S6758]]

       ``(1) In general.--There are authorized to be appropriated 
     to carry out this Act for each of fiscal years 2012 through 
     2017--
       ``(A) $20,000,000 to the Secretary of the Interior;
       ``(B) $5,000,000 to the Secretary of Agriculture; and
       ``(C) $5,000,000 to the Secretary of Commerce.'';
       (2) in subsection (b)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) Amounts from federal agencies.--
       ``(A) In general.--In addition to the amounts authorized to 
     be appropriated under subsection (a), Federal departments, 
     agencies, or instrumentalities may provide funds to the 
     Foundation, subject to the condition that the amounts are 
     used for purposes that further the conservation and 
     management of fish, wildlife, plants, and other natural 
     resources in accordance with this Act.
       ``(B) Advances.--Federal departments, agencies, or 
     instrumentalities may advance amounts described in 
     subparagraph (A) to the Foundation in a lump sum without 
     regard to when the expenses for which the amounts are used 
     are incurred.
       ``(C) Management fees.--The Foundation may assess and 
     collect fees for the management of amounts received under 
     this paragraph.'';
       (B) in paragraph (2)--
       (i) in the paragraph heading, by striking ``funds'' and 
     inserting ``amounts'';
       (ii) by striking ``shall be used'' and inserting ``may be 
     used''; and
       (iii) by striking ``and State and local government 
     agencies'' and inserting ``, State and local government 
     agencies, and other entities''; and
       (C) by adding at the end the following:
       ``(3) Administration of amounts.--
       ``(A) In general.--In entering into contracts, agreements, 
     or other partnerships pursuant to this Act, a Federal 
     department, agency, or instrumentality shall have discretion 
     to waive any competitive process of that department, agency, 
     or instrumentality for entering into contracts, agreements, 
     or partnerships with the Foundation if the purpose of the 
     waiver is--
       ``(i) to address an environmental emergency resulting from 
     a natural or other disaster; or
       ``(ii) as determined by the head of the applicable Federal 
     department, agency, or instrumentality, to reduce 
     administrative expenses and expedite the conservation and 
     management of fish, wildlife, plants, and other natural 
     resources.
       ``(B) Reports.--The Foundation shall include in the annual 
     report submitted under section 7(b) a description of any use 
     of the authority under subparagraph (A) by a Federal 
     department, agency, or instrumentality in that fiscal 
     year.''; and
       (3) by adding at the end the following:
       ``(d) Use of Gifts, Devises, or Bequests of Money or Other 
     Property.--Any gifts, devises, or bequests of amounts or 
     other property, or any other amounts or other property, 
     transferred to, deposited with, or otherwise in the 
     possession of the Foundation pursuant to this Act, may be 
     made available by the Foundation to Federal departments, 
     agencies, or instrumentalities and may be accepted and 
     expended (or the disposition of the amounts or property 
     directed), without further appropriation, by those Federal 
     departments, agencies, or instrumentalities, subject to the 
     condition that the amounts or property be used for purposes 
     that further the conservation and management of fish, 
     wildlife, plants, and other natural resources.''.
       (d) Limitation on Authority.--Section 11 of the National 
     Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
     3710) is amended by inserting ``exclusive'' before 
     ``authority''.

     SEC. 244. MULTINATIONAL SPECIES CONSERVATION FUNDS SEMIPOSTAL 
                   STAMP.

       Section 2(c) of the Multinational Species Conservation 
     Funds Semipostal Stamp Act of 2010 (Public Law 111-241; 39 
     U.S.C. 416 note) is amended--
       (1) in paragraph (2), by striking ``2 years'' and inserting 
     ``6 years''; and
       (2) by adding at the end the following:
       ``(5) Stamp depictions.--Members of the public shall be 
     offered a choice of 5 stamps under this Act, depicting an 
     African elephant or an Asian elephant, a rhinoceros, a tiger, 
     a marine turtle, and a great ape, respectively.''.

     SEC. 245. MULTINATIONAL SPECIES CONSERVATION FUNDS 
                   REAUTHORIZATIONS.

       (a) African Elephants.--Section 2306(a) of the African 
     Elephant Conservation Act (16 U.S.C. 4245(a)) is amended by 
     striking ``2007 through 2012'' and inserting ``2012 through 
     2017''.
       (b) Asian Elephants.--Section 8(a) of the Asian Elephant 
     Conservation Act of 1997 (16 U.S.C. 4266(a)) is amended by 
     striking ``2007 through 2012'' and inserting ``2012 through 
     2017''.
       (c) Rhinoceros and Tigers.--Section 10(a) of the Rhinoceros 
     and Tiger Conservation Act of 1994 (16 U.S.C. 5306(a)) is 
     amended by striking ``2007 through 2012'' and inserting 
     ``2012 through 2017''.
       (d) Great Apes.--Section 6 of the Great Ape Conservation 
     Act of 2000 (16 U.S.C. 6305) is amended by striking ``2006 
     through 2010'' and inserting ``2012 through 2017''.
       (e) Marine Turtles.--Section 7 of the Marine Turtle 
     Conservation Act of 2004 (16 U.S.C. 6606) is amended by 
     striking ``2005 through 2009'' and inserting ``2012 through 
     2017''.

     SEC. 246. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT.

       Section 10 of the Neotropical Migratory Bird Conservation 
     Act (16 U.S.C. 6109) is amended to read as follows:

     ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There is authorized to be appropriated 
     to carry out this Act $6,500,000 for each of fiscal years 
     2012 through 2017.
       ``(b) Use of Funds.--Of the amounts made available under 
     subsection (a) for each fiscal year, not less than 75 percent 
     shall be expended for projects carried out at a location 
     outside of the United States.''.

     SEC. 247. FEDERAL LAND TRANSACTION FACILITATION ACT.

       The Federal Land Transaction Facilitation Act is amended--
       (1) in section 203(2) (43 U.S.C. 2302(2)), by striking ``on 
     the date of enactment of this Act was'' and inserting ``is'';
       (2) in section 205 (43 U.S.C. 2304)--
       (A) in subsection (a), by striking ``this Act'' and 
     inserting ``the Sportsmen's Act of 2012''; and
       (B) in subsection (d), by striking ``11'' and inserting 
     ``22'';
       (3) in section 206 (43 U.S.C. 2305), by striking subsection 
     (f); and
       (4) in section 207(b) (43 U.S.C. 2306(b))--
       (A) in paragraph (1)--
       (i) by striking ``96-568'' and inserting ``96-586''; and
       (ii) by striking ``; or'' and inserting a semicolon;
       (B) in paragraph (2)--
       (i) by inserting ``Public Law 105-263;'' before ``112 
     Stat.''; and
       (ii) by striking the period at the end and inserting a 
     semicolon; and
       (C) by adding at the end the following:
       ``(3) the White Pine County Conservation, Recreation, and 
     Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
       ``(4) the Lincoln County Conservation, Recreation, and 
     Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
       ``(5) subtitle F of title I of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-
     11);
       ``(6) subtitle O of title I of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 460www note, 1132 note; 
     Public Law 111-11);
       ``(7) section 2601 of the Omnibus Public Land Management 
     Act of 2009 (Public Law 111-11; 123 Stat. 1108); or
       ``(8) section 2606 of the Omnibus Public Land Management 
     Act of 2009 (Public Law 111-11; 123 Stat. 1121).''.

     SEC. 248. NUTRIA ERADICATION AND CONTROL.

       (a) Findings; Purpose.--Section 2 of the Nutria Eradication 
     and Control Act of 2003 (Public Law 108-16; 117 Stat. 621) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``and in Louisiana'' and 
     inserting ``, the State of Louisiana, and other coastal 
     States'';
       (B) in paragraph (2), by striking ``in Maryland and 
     Louisiana on Federal, State, and private land'' and inserting 
     ``on Federal, State, and private land in the States of 
     Maryland and Louisiana and in other coastal States''; and
       (C) by striking paragraphs (3) and (4) and inserting the 
     following:
       ``(3) This Act authorizes the Maryland Nutria Project, 
     which has successfully eradicated nutria from more than 
     130,000 acres of Chesapeake Bay wetlands in the State of 
     Maryland and facilitated the creation of voluntary, public-
     private partnerships and more than 406 cooperative landowner 
     agreements.
       ``(4) This Act and the Coastal Wetlands Planning, 
     Protection, and Restoration Act (16 U.S.C. 3951 et seq.) 
     authorize the Coastwide Nutria Control Program, which has 
     reduced nutria-impacted wetland acres in the State of 
     Louisiana from 80,000 acres to 23,141 acres.
       ``(5) The proven techniques developed under this Act that 
     are eradicating nutria in the State of Maryland and reducing 
     the acres of nutria-impacted wetlands in the State of 
     Louisiana should be applied to nutria eradication or control 
     programs in other nutria-infested coastal States''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Purpose.--The purpose of this Act is to authorize the 
     Secretary of the Interior to provide financial assistance to 
     the States of Delaware, Louisiana, Maryland, North Carolina, 
     Oregon, Virginia, and Washington to carry out activities--
       ``(1) to eradicate or control nutria; and
       ``(2) to restore nutria damaged wetlands.''.
       (b) Definitions.--The Nutria Eradication and Control Act of 
     2003 (Public Law 108-16; 117 Stat. 621) is amended--
       (1) by redesignating sections 3 and 4 as sections 4 and 5, 
     respectively; and
       (2) by inserting after section 2 the following:

     ``SEC. 3. DEFINITIONS.

       ``In this Act:
       ``(1) Coastal state.--The term `coastal State' means each 
     of the States of Delaware, Oregon, North Carolina, Virginia, 
     and Washington.
       ``(2) Program.--The term `program' means the nutria 
     eradication program established by section 4(a).
       ``(3) Public-private partnership.--The term `public-private 
     partnership' means a voluntary, cooperative project 
     undertaken by governmental entities or public officials and 
     affected communities, local citizens, nongovernmental 
     organizations, or other entities or persons in the private 
     sector.

[[Page S6759]]

       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.''.
       (c) Nutria Eradication Program.--Section 4 of the Nutria 
     Eradication and Control Act of 2003 (Public Law 108-16; 117 
     Stat. 621) (as redesignated by subsection (b)) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--The Secretary may, subject to the 
     availability of appropriations, provide financial assistance 
     to the States of Maryland and Louisiana and the coastal 
     States to implement measures--
       ``(1) to eradicate or control nutria; and
       ``(2) to restore wetlands damaged by nutria.'';
       (2) in subsection (b)--
       (A) in paragraph (1), by inserting ``the State of'' before 
     ``Maryland'';
       (B) in paragraph (2), by striking ``other States'' and 
     inserting ``the coastal States''; and
       (C) in paragraph (3), by striking ``marshland'' and 
     inserting ``wetlands'';
       (3) in subsection (c)--
       (A) by striking ``(c) Activities'' and inserting ``(c) 
     Activities in the State of Maryland''; and
       (B) by inserting ``, and updated in March 2009'' before the 
     period at the end;
       (4) in subsection (e), by striking ``financial assistance 
     provided by the Secretary under this section'' and inserting 
     ``the amounts made available under subsection (f) to carry 
     out the program''; and
       (5) by striking subsection (f) and inserting the following:
       ``(f) Authorization of Appropriations.--Subject to 
     subsection (e), there is authorized to be appropriated to the 
     Secretary to carry out the program $6,000,000 for each of 
     fiscal years 2012 through 2016, of which--
       ``(1) $2,000,000 shall be used to provide financial 
     assistance to the State of Maryland;
       ``(2) $2,000,000 shall be used to provide financial 
     assistance to the State of Louisiana; and
       ``(3) $2,000,000 shall be used to provide financial 
     assistance, on a competitive basis, to other coastal 
     States.''.
       (d) Report.--Section 5 of the Nutria Eradication and 
     Control Act of 2003 (Public Law 108-16; 117 Stat. 621) (as 
     redesignated by subsection (b)) is amended--
       (1) in paragraph (1), by striking ``2002 document entitled 
     `Eradication Strategies for Nutria in the Chesapeake and 
     Delaware Bay Watersheds'; and'' and inserting ``March 2009 
     update of the document entitled `Eradication Strategies for 
     Nutria in the Chesapeake and Delaware Bay Watersheds' and 
     originally dated March 2002;'';
       (2) in paragraph (2)--
       (A) by striking ``develop'' and inserting ``continue''; and
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding after paragraph (2) the following:
       ``(3) develop, in cooperation with the State of Delaware 
     Department of Natural Resources and Environmental Control, 
     the State of Virginia Department of Game and Inland 
     Fisheries, the State of Oregon Department of Fish and 
     Wildlife, the State of North Carolina Department of 
     Environment and Natural Resources, and the State of 
     Washington Department of Fish and Wildlife, long-term nutria 
     control or eradication programs, as appropriate, with the 
     objective of--
       ``(A) significantly reducing and restoring the damage 
     nutria cause to coastal wetlands in the coastal States; and
       ``(B) promoting voluntary, public-private partnerships to 
     eradicate or control nutria and restoring nutria-damaged 
     wetlands in the coastal States.''.
                                 ______
                                 
  SA 2876. Mr. REID proposed an amendment to amendment SA 2875 proposed 
by Mr. Reid (for Mr. Tester) to the bill S. 3525, to protect and 
enhance opportunities for recreational hunting, fishing, and shooting, 
and for other purposes; as follows:

       At the end, add the following new section:
       Section ___.
       This Act shall become effective 7 days after enactment.
                                 ______
                                 
  SA 2877. Mr. REID proposed an amendment to amendment SA 2876 proposed 
by Mr. Reid to the amendment SA 2875 proposed by Mr. Reid (for Mr. 
Tester) to the bill S. 3525, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; as 
follows:

       In the amendment, strike ``7 days'' and insert ``6 days''.
                                 ______
                                 
  SA 2878. Mr. REID proposed an amendment to the bill S. 3525, to 
protect and enhance opportunities for recreational hunting, fishing, 
and shooting, and for other purposes; as follows:

       At the end, add the following new section:
       Section ___.
       This title shall become effective 5 days after enactment.
                                 ______
                                 
  SA 2879. Mr. REID proposed an amendment to amendment SA 2878 proposed 
by Mr. Reid to the bill S. 3525, to protect and enhance opportunities 
for recreational hunting, fishing, and shooting, and for other 
purposes; as follows:

       In the amendment, strike ``5 days'' and insert ``4 days''.
                                 ______
                                 
  SA 2880. Mr. REID proposed an amendment to the bill S. 3525, to 
protect and enhance opportunities for recreational hunting, fishing, 
and shooting, and for other purposes; as follows:

       At the end, add the following new section:
       Section ___.
       This Act shall become effective 3 days after enactment.
                                 ______
                                 
  SA 2881. Mr. REID proposed an amendment to amendment SA 2880 proposed 
by Mr. Reid to the bill S. 3525, to protect and enhance opportunities 
for recreational hunting, fishing, and shooting, and for other 
purposes; as follows:

       In the amendment, strike ``3 days'' and insert ``2 days''.
                                 ______
                                 
  SA 2882. Mr. REID proposed an amendment to amendment SA 2881 proposed 
by Mr. Reid to the amendment SA 2880 proposed by Mr. Reid to the bill 
S. 3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; as follows:

       In the amendment, strike ``2 days'' and insert ``1 day''.
                                 ______
                                 
  SA 2883. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 3525, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 91, strike line 14 and all that follows through 
     page 92, line 10.
                                 ______
                                 
  SA 2884. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 3525, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 92, strike lines 11 through 23.
                                 ______
                                 
  SA 2885. Mr. LEE (for himself and Mr. McCain) submitted an amendment 
intended to be proposed by him to the bill S. 3525, to protect and 
enhance opportunities for recreational hunting, fishing, and shooting, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:
                  TITLE III--FEDERAL LAND DESIGNATIONS

     SEC. 301. STATE APPROVAL REQUIRED FOR FEDERAL LAND 
                   DESIGNATIONS.

       (a) Definition of Covered Unit.--In this section, the term 
     ``covered unit'' means--
       (1) a unit of the National Forest System, National Park 
     System, National Wildlife Refuge System, National Wild and 
     Scenic Rivers System, National Trails System, National 
     Wilderness Preservation System, or any other system 
     established by Federal law;
       (2) a national monument; or
       (3) any national conservation or national recreation area.
       (b) Prohibition.--A covered unit shall not be established 
     unless the legislature of the State in which the proposed 
     covered unit is located has approved the establishment of the 
     covered unit.
                                 ______
                                 
  SA 2886. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 3525, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:
                  TITLE III--FEDERAL LAND DESIGNATIONS

     SEC. 301. SALE OF CERTAIN FEDERAL LAND PREVIOUSLY IDENTIFIED 
                   AS SUITABLE FOR DISPOSAL.

       (a) Definitions.--In this section:
       (1) Identified federal lands.--The term ``identified 
     Federal lands'' means the parcels of Federal land under the 
     administrative jurisdiction of the Secretary that were 
     identified as suitable for disposal in the report submitted 
     to Congress by the Secretary on May 27, 1997, pursuant to 
     section 390(g) of the Federal Agriculture Improvement and 
     Reform Act of 1996 (Public Law 104-127; 110 Stat. 1024), 
     except the following:
       (A) Lands not identified for disposal in the applicable 
     land use plan.
       (B) Lands subject to a Recreation and Public Purpose 
     conveyance application.
       (C) Lands identified for State selection.
       (D) Lands identified for Indian tribe allotments.
       (E) Lands identified for local government use.
       (F) Lands that the Secretary chooses to dispose under the 
     Federal Land Transaction Facilitation Act (43 U.S.C. 2301 et 
     seq.).
       (G) Lands that are segregated for exchange or under 
     agreements for exchange.
       (H) Lands subject to exchange as authorized or directed by 
     Congress.

[[Page S6760]]

       (I) Lands that the Secretary determines contain significant 
     impediments for disposal including--
       (i) high disposal costs;
       (ii) the presence of significant natural or cultural 
     resources;
       (iii) land survey problems or title conflicts;
       (iv) habitat for threatened or endangered species; and
       (v) mineral leases and mining claims.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Competitive Sale of Lands.--The Secretary shall offer 
     the identified Federal lands for disposal by competitive sale 
     for not less than fair market value as determined by an 
     independent appraiser.
       (c) Existing Rights.--The sale of identified Federal lands 
     under this section shall be subject to valid existing rights.
       (d) Proceeds of Sale of Lands.--All net proceeds from the 
     sale of identified Federal lands under this section shall be 
     deposited directly into the Treasury for reduction of the 
     public debt.
       (e) Report.--Not later than 4 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate--
       (1) a list of any identified Federal lands that have not 
     been sold under subsection (b) and the reasons such lands 
     were not sold; and
       (2) an update of the report submitted to Congress by the 
     Secretary on May 27, 1997, pursuant to section 390(g) of the 
     Federal Agriculture Improvement and Reform Act of 1996 
     (Public Law 104-127; 110 Stat. 1024), including a current 
     inventory of the Federal lands under the administrative 
     jurisdiction of the Secretary that are suitable for disposal.
                                 ______
                                 
  SA 2887. Mr. KOHL (for himself and Mr. Johnson of Wisconsin) 
submitted an amendment intended to be proposed by him to the bill S. 
3254, to authorize appropriations for fiscal year 2013 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title V, insert the following:

     SEC. 585. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO 
                   FIRST LIEUTENANT ALONZO H. CUSHING FOR ACTS OF 
                   VALOR DURING THE CIVIL WAR.

       (a) Authorization.--Notwithstanding the time limitations 
     specified in section 3744 of title 10, United States Code, or 
     any other time limitation with respect to the awarding of 
     certain medals to persons who served in the Armed Forces, the 
     President is authorized to award the Medal of Honor under 
     section 3741 of such title to then First Lieutenant Alonzo H. 
     Cushing for conspicuous acts of gallantry and intrepidity at 
     the risk of life and beyond the call of duty in the Civil 
     War, as described in subsection (b).
       (b) Acts of Valor Described.--The acts of valor referred to 
     in subsection (a) are the actions of then First Lieutenant 
     Alonzo H. Cushing while in command of Battery A, 4th United 
     States Artillery, Army of the Potomac, at Gettysburg, 
     Pennsylvania, on July 3, 1863, during the American Civil War.
                                 ______
                                 
  SA 2888. Mr. KOHL (for himself and Mr. Boozman) submitted an 
amendment intended to be proposed by him to the bill S. 3254, to 
authorize appropriations for fiscal year 2013 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle A of title VI, insert the following:

     SEC. 602. PAYMENT OF BENEFIT FOR NONPARTICIPATION OF ELIGIBLE 
                   MEMBERS IN POST-DEPLOYMENT/MOBILIZATION RESPITE 
                   ABSENCE PROGRAM DUE TO GOVERNMENT ERROR.

       (a) Payment of Benefit.--
       (1) In general.--Subject to subsection (e), the Secretary 
     concerned shall, upon application therefor, make a payment to 
     each individual described in paragraph (2) of $200 for each 
     day of nonparticipation of such individual in the Post-
     Deployment/Mobilization Respite Absence program as described 
     in that paragraph.
       (2) Covered individuals.--An individual described in this 
     paragraph is an individual who--
       (A) was eligible for participation as a member of the Armed 
     Forces in the Post-Deployment/Mobilization Respite Absence 
     program; but
       (B) as determined by the Secretary concerned pursuant to an 
     application for the correction of the military records of 
     such individual pursuant to section 1552 of title 10, United 
     States Code, did not participate in one or more days in the 
     program for which the individual was so eligible due to 
     Government error.
       (b) Deceased Individuals.--
       (1) Applications.--If an individual otherwise covered by 
     subsection (a) is deceased, the application required by that 
     subsection shall be made by the individual's legal 
     representative.
       (2) Payment.--If an individual to whom payment would be 
     made under subsection (a) is deceased at time of payment, 
     payment shall be made in the manner specified in section 
     1552(c)(2) of title 10, United States Code.
       (c) Payment in Lieu of Administrative Absence.--Payment 
     under subsection (a) with respect to a day described in that 
     subsection shall be in lieu of any entitlement of the 
     individual concerned to a day of administrative absence for 
     such day.
       (d) Construction.--
       (1) Construction with other pay.--Any payment with respect 
     to an individual under subsection (a) is in addition to any 
     other pay provided by law.
       (2) Construction of authority.--It is the sense of Congress 
     that--
       (A) the sole purpose of the authority in this section is to 
     remedy administrative errors; and
       (B) the authority in this section is not intended to 
     establish any entitlement in connection with the Post-
     Deployment/Mobilization Respite Absence program.
       (e) Offset.--The Secretary of Defense shall transfer 
     $2,000,000 from the unobligated balances of the Pentagon 
     Reservation Maintenance Revolving Fund established under 
     section 2674(e) of title 10, United States Code, to the 
     Miscellaneous Receipts Fund of the United States Treasury.
       (f) Definitions.--In this section, the terms ``Post-
     Deployment/Mobilization Respite Absence program'' and 
     ``Secretary concerned'' have the meaning given such terms in 
     section 604(f) of the National Defense Authorization Act for 
     Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2350).
                                 ______
                                 
  SA 2889. Mr. PRYOR (for himself and Mr. Boozman) submitted an 
amendment intended to be proposed by him to the bill S. 3525, to 
protect and enhance opportunities for recreational hunting, fishing, 
and shooting, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. ___. CERTAIN EXEMPTIONS RELATING TO THE TAKING OF 
                   MIGRATORY GAME BIRDS.

       (a) Short Title.--This section may be cited as the 
     ``Farmer's Protection Act of 2012''.
       (b) Exemptions on Certain Land.--Section 3 of the Migratory 
     Bird Treaty Act (16 U.S.C. 704) is amended by adding at the 
     end the following:
       ``(c) Exemptions on Certain Land.--
       ``(1) In general.--Nothing in this section prohibits the 
     taking of any migratory game bird, including waterfowl, 
     coots, and cranes, on or over land that--
       ``(A) is not a baited area; and
       ``(B) contains--
       ``(i) a standing crop or flooded standing crop, including 
     an aquatic crop;
       ``(ii) standing, flooded, or manipulated natural 
     vegetation;
       ``(iii) flooded harvested cropland; or
       ``(iv) according to a report submitted under paragraph (2) 
     by the applicable State office of the Cooperative Extension 
     System of the Department of Agriculture, an area on which 
     seed or grain has been scattered solely as the result of a 
     normal agricultural planting, harvesting, post-harvest 
     manipulation, or normal soil stabilization practice.
       ``(2) Reports.--
       ``(A) In general.--For purposes of making a determination 
     under paragraph (1)(B)(iv), each State office of the 
     Cooperative Extension System of the Department of Agriculture 
     shall submit to the Secretary of the Interior a report on the 
     activities in that State that the State office considers to 
     be a normal agricultural practice in the State, such as 
     mowing, shredding, discing, rolling, chopping, trampling, 
     flattening, burning, or carrying out herbicide treatment.
       ``(B) Revisions.--A State office may revise a report 
     described in subparagraph (A) as the State office determines 
     to be necessary to reflect changing agricultural 
     practices.''.

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