[Congressional Record Volume 166, Number 160 (Wednesday, September 16, 2020)]
[Senate]
[Pages S5656-S5665]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2656. Mr. PORTMAN (for Mr. Barrasso (for himself and Mr. Carper)) 
proposed an amendment to the bill S. 3051, to improve protections for 
wildlife, 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 ``America's 
     Conservation Enhancement Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

         TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION

Sec. 101. Theodore Roosevelt Genius Prize for reducing human-predator 
              conflict.
Sec. 102. Losses of livestock due to depredation by federally protected 
              species.
Sec. 103. Depredation permits for black vultures and common ravens.
Sec. 104. Chronic Wasting Disease Task Force.
Sec. 105. Invasive species.
Sec. 106. North American Wetlands Conservation Act.
Sec. 107. National Fish and Wildlife Foundation Establishment Act.
Sec. 108. Modification of definition of sport fishing equipment under 
              Toxic Substances Control Act.
Sec. 109. Reauthorization of Chesapeake Bay Program.
Sec. 110. Reauthorization of Chesapeake Bay Initiative Act of 1998.
Sec. 111. Chesapeake watershed investments for landscape defense.

   TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS

Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. National Fish Habitat Board.
Sec. 204. Fish Habitat Partnerships.
Sec. 205. Fish Habitat Conservation Projects.
Sec. 206. Technical and scientific assistance.
Sec. 207. Coordination with States and Indian Tribes.
Sec. 208. Interagency Operational Plan.
Sec. 209. Accountability and reporting.
Sec. 210. Effect of this title.
Sec. 211. Nonapplicability of Federal Advisory Committee Act.
Sec. 212. Funding.
Sec. 213. Prohibition against implementation of regulatory authority by 
              Federal agencies through Partnerships.

                        TITLE III--MISCELLANEOUS

Sec. 301. Study to review conservation factors.
Sec. 302. Study and report on expenditures.
Sec. 303. Use of value of land for cost sharing.

         TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION

     SEC. 101. THEODORE ROOSEVELT GENIUS PRIZE FOR REDUCING HUMAN-
                   PREDATOR CONFLICT.

       (a) In General.--Section 7001(d) of the John D. Dingell, 
     Jr. Conservation, Management, and Recreation Act (16 U.S.C. 
     742b note; Public Law 116-9) is amended--
       (1) by striking ``paragraph (7)(A)'' each place such term 
     appears and inserting ``paragraph (8)(A)'';
       (2) by striking ``paragraph (7)(B)'' each place such term 
     appears and inserting ``paragraph (8)(B)'';
       (3) in paragraph (6)(C)(iv), by striking ``subparagraph 
     (C)'' and inserting ``clause (iii)'';
       (4) by redesignating paragraph (7) as paragraph (8);
       (5) by inserting after paragraph (6) the following:
       ``(7) Theodore roosevelt genius prize for reducing human-
     predator conflict.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Board.--The term `Board' means the Reducing Human-
     Predator Conflict Technology Advisory Board established by 
     subparagraph (C)(i).
       ``(ii) Prize competition.--The term `prize competition' 
     means the Theodore Roosevelt Genius Prize for reducing human-
     predator conflict established under subparagraph (B).
       ``(B) Authority.--Not later than 180 days after the date of 
     enactment of the America's Conservation Enhancement Act, the 
     Secretary shall establish under section 24 of the Stevenson-
     Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) a 
     prize competition, to be known as the `Theodore Roosevelt 
     Genius Prize for reducing human-predator conflict'--
       ``(i) to encourage technological innovation with the 
     potential to advance the mission of the United States Fish 
     and Wildlife Service with respect to reducing the frequency 
     of human-predator conflict using nonlethal means; and
       ``(ii) to award 1 or more prizes annually for a 
     technological advancement that promotes reducing human-
     predator conflict using nonlethal means, which may include 
     the application and monitoring of tagging technologies.
       ``(C) Advisory board.--
       ``(i) Establishment.--There is established an advisory 
     board, to be known as the `Reducing Human-Predator Conflict 
     Technology Advisory Board'.
       ``(ii) Composition.--The Board shall be composed of not 
     fewer than 9 members appointed by the Secretary, who shall 
     provide expertise in--

       ``(I) predator-human interactions;
       ``(II) the habitats of large predators;
       ``(III) biology;
       ``(IV) technology development;
       ``(V) engineering;
       ``(VI) economics;
       ``(VII) business development and management; and
       ``(VIII) any other discipline, as the Secretary determines 
     to be necessary to achieve the purposes of this paragraph.

       ``(iii) Duties.--Subject to clause (iv), with respect to 
     the prize competition, the Board shall--

       ``(I) select a topic;
       ``(II) issue a problem statement;
       ``(III) advise the Secretary regarding any opportunity for 
     technological innovation to reduce human-predator conflict 
     using nonlethal means; and
       ``(IV) advise winners of the prize competition regarding 
     opportunities to pilot and implement winning technologies in 
     relevant fields, including in partnership with conservation 
     organizations, Federal or State agencies, federally 
     recognized Indian Tribes, private entities, and research 
     institutions with expertise or interest relating to reducing 
     human-predator conflict using nonlethal means.

       ``(iv) Consultation.--In selecting a topic and issuing a 
     problem statement for the prize competition under subclauses 
     (I) and (II) of clause (iii), respectively, the Board shall 
     consult widely with Federal and non-Federal stakeholders, 
     including--

       ``(I) 1 or more Federal agencies with jurisdiction over the 
     management of native wildlife species at risk due to conflict 
     with human activities;
       ``(II) 1 or more State agencies with jurisdiction over the 
     management of native wildlife species at risk due to conflict 
     with human activities;
       ``(III) 1 or more State, regional, or local wildlife 
     organizations, the mission of which relates to the management 
     of native wildlife species at risk due to conflict with human 
     activities; and
       ``(IV) 1 or more wildlife conservation groups, technology 
     companies, research institutions, institutions of higher 
     education, industry associations, or individual stakeholders 
     with an interest in the management of native wildlife species 
     at risk due to conflict with human activities.

       ``(v) Requirements.--The Board shall comply with all 
     requirements under paragraph (8)(A).
       ``(D) Agreement with national fish and wildlife 
     foundation.--
       ``(i) In general.--The Secretary shall offer to enter into 
     an agreement under which the National Fish and Wildlife 
     Foundation shall administer the prize competition.
       ``(ii) Requirements.--An agreement entered into under 
     clause (i) shall comply with all requirements under paragraph 
     (8)(B).
       ``(E) Judges.--
       ``(i) Appointment.--The Secretary shall appoint not fewer 
     than 3 judges who shall, except as provided in clause (ii), 
     select the 1 or more annual winners of the prize competition.
       ``(ii) Determination by secretary.--The judges appointed 
     under clause (i) shall not select any annual winner of the 
     prize competition if the Secretary makes a determination 
     that, in any fiscal year, none of the technological 
     advancements entered into the prize competition merits an 
     award.
       ``(F) Consultation with national oceanic and atmospheric 
     administration.--The Secretary shall consult with the 
     Secretary of Commerce, acting through the Administrator of 
     the National Oceanic and Atmospheric Administration, in the 
     case of a cash prize awarded under the prize competition for 
     a technology that addresses conflict between humans and 
     marine predators under the jurisdiction of the Secretary of 
     Commerce, acting through the Administrator of the National 
     Oceanic and Atmospheric Administration.
       ``(G) Report to congress.--Not later than 60 days after the 
     date on which a cash prize is awarded under this paragraph, 
     the Secretary shall submit to the Committee on Environment 
     and Public Works of the Senate and the Committee on Natural 
     Resources of the House of Representatives a report on the 
     prize competition that includes--
       ``(i) a statement by the Board that describes the 
     activities carried out by the Board relating to the duties 
     described in subparagraph (C)(iii);
       ``(ii) if the Secretary has entered into an agreement under 
     subparagraph (D)(i), a statement by the National Fish and 
     Wildlife Foundation that describes the activities carried out 
     by the National Fish and Wildlife Foundation relating to the 
     duties described in paragraph (8)(B); and
       ``(iii) a statement by 1 or more of the judges appointed 
     under subparagraph (E) that explains the basis on which the 
     winner of the cash prize was selected.
       ``(H) Termination of authority.--The Board and all 
     authority provided under this paragraph shall terminate on 
     December 31, 2023.''; and
       (6) in paragraph (8) (as redesignated)--

[[Page S5657]]

       (A) in subparagraph (A), by striking ``or (6)(C)(i)'' and 
     inserting ``(6)(C)(i), or (7)(C)(i)''; and
       (B) in subparagraph (B)--
       (i) by striking ``or (6)(D)(i)'' and inserting ``(6)(D)(i), 
     or (7)(D)(i)''; and
       (ii) in clause (i)(VII), by striking ``and (6)(E)'' and 
     inserting ``(6)(E), and (7)(E)''.
       (b) Sense of Congress.--It is the sense of Congress that 
     data collected from the tagging of predators can inform 
     innovative management of those predators and innovative 
     education activities to minimize human-predator conflict.

     SEC. 102. LOSSES OF LIVESTOCK DUE TO DEPREDATION BY FEDERALLY 
                   PROTECTED SPECIES.

       (a) Definitions.--In this section:
       (1) Depredation.--
       (A) In general.--The term ``depredation'' means actual 
     death, injury, or destruction of livestock that is caused by 
     a federally protected species.
       (B) Exclusions.--The term ``depredation'' does not include 
     damage to real or personal property other than livestock, 
     including--
       (i) damage to--

       (I) other animals;
       (II) vegetation;
       (III) motor vehicles; or
       (IV) structures;

       (ii) diseases;
       (iii) lost profits; or
       (iv) consequential damages.
       (2) Federally protected species.--The term ``federally 
     protected species'' means a species that is or previously was 
     protected under--
       (A) the Act of June 8, 1940 (commonly known as the ``Bald 
     and Golden Eagle Protection Act'') (54 Stat. 250, chapter 
     278; 16 U.S.C. 668 et seq.);
       (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); or
       (C) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.).
       (3) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given to the term ``Indian tribe'' in section 4 of 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 5304).
       (4) Livestock.--
       (A) In general.--The term ``livestock'' means horses, mules 
     and asses, rabbits, llamas, cattle, bison, swine, sheep, 
     goats, poultry, bees, honey and beehives, or any other animal 
     generally used for food or in the production of food or 
     fiber.
       (B) Inclusion.--The term ``livestock'' includes guard 
     animals actively engaged in the protection of livestock 
     described in subparagraph (A).
       (5) Program.--The term ``program'' means the grant program 
     established under subsection (b)(1).
       (6) Secretaries.--The term ``Secretaries'' means--
       (A) the Secretary of the Interior, acting through the 
     Director of the United States Fish and Wildlife Service; and
       (B) the Secretary of Agriculture, acting through the 
     Administrator of the Animal and Plant Health Inspection 
     Service.
       (b) Grant Program for Losses of Livestock Due to 
     Depredation by Federally Protected Species.--
       (1) In general.--The Secretaries shall establish a program 
     to provide grants to States and Indian Tribes to supplement 
     amounts provided by States, Indian Tribes, or State agencies 
     under 1 or more programs established by the States and Indian 
     Tribes (including programs established after the date of 
     enactment of this Act)--
       (A) to assist livestock producers in carrying out--
       (i) proactive and nonlethal activities to reduce the risk 
     of livestock loss due to depredation by federally protected 
     species occurring on--

       (I) Federal, State, or private land within the applicable 
     State; or
       (II) land owned by, or held in trust for the benefit of, 
     the applicable Indian Tribe; and

       (ii) research relating to the activities described in 
     clause (i); and
       (B) to compensate livestock producers for livestock losses 
     due to depredation by federally protected species occurring 
     on--
       (i) Federal, State, or private land within the applicable 
     State; or
       (ii) land owned by, or held in trust for the benefit of, 
     the applicable Indian Tribe.
       (2) Allocation of funding.--
       (A) Reports to the secretaries.--Not later than September 
     30 of each year, a State or Indian Tribe desiring to receive 
     a grant under the program shall submit to the Secretaries a 
     report describing, for the 1-year period ending on that 
     September 30, the losses of livestock due to depredation by 
     federally protected species occurring on--
       (i) Federal, State, or private land within the applicable 
     State; or
       (ii) land owned by, or held in trust for the benefit of, 
     the applicable Indian Tribe.
       (B) Allocation.--The Secretaries shall allocate available 
     funding to carry out this Act among States and Indian Tribes 
     for a 1-year period ending on September 30 based on the 
     losses described in the reports submitted for the previous 1-
     year period ending on September 30 under subparagraph (A).
       (3) Eligibility.--To be eligible to receive a grant under 
     paragraph (1), a State or Indian Tribe shall--
       (A) designate an appropriate agency of the State or Indian 
     Tribe to administer the 1 or more programs supplemented by 
     the grant funds;
       (B) establish 1 or more accounts to receive grant funds;
       (C) maintain files of all claims received and paid under 
     grant-funded programs, including supporting documentation; 
     and
       (D) submit to the Secretaries--
       (i) annual reports that include--

       (I) a summary of claims and expenditures under the program 
     during the year; and
       (II) a description of any action taken on the claims; and

       (ii) such other reports as the Secretaries may require to 
     assist the Secretaries in determining the effectiveness of 
     assisted activities under this section.
       (c) Sense of Congress.--It is the sense of Congress that--
       (1) no State or Indian Tribe is required to participate in 
     the program; and
       (2) the program supplements, and does not replace or 
     supplant, any State compensation programs for depredation.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000 for 
     each of fiscal years 2021 through 2025, of which--
       (1) $5,000,000 shall be used to provide grants for the 
     purposes described in subsection (b)(1)(A); and
       (2) $10,000,000 shall be used to provide grants for the 
     purpose described in subsection (b)(1)(B).

     SEC. 103. DEPREDATION PERMITS FOR BLACK VULTURES AND COMMON 
                   RAVENS.

       (a) In General.--The Secretary of the Interior, acting 
     through the Director of the United States Fish and Wildlife 
     Service (referred to in this section as the ``Secretary''), 
     may issue depredation permits to livestock producers 
     authorizing takings of black vultures or common ravens 
     otherwise prohibited by Federal law to prevent those vultures 
     or common ravens from taking livestock during the calving 
     season or lambing season.
       (b) Limited to Affected States or Regions.--The Secretary 
     may issue permits under subsection (a) only to livestock 
     producers in States and regions in which livestock producers 
     are affected or have been affected in the previous year by 
     black vultures or common ravens, as determined by Secretary.
       (c) Reporting.--The Secretary shall require, as a condition 
     of a permit under subsection (a), that the permit holder 
     shall report to the appropriate enforcement agencies the 
     takings of black vultures or common ravens pursuant to the 
     permit.

     SEC. 104. CHRONIC WASTING DISEASE TASK FORCE.

       (a) Definitions.--In this section:
       (1) Cervid.--The term ``cervid'' means any species within 
     the family Cervidae.
       (2) Chronic wasting disease.--The term ``chronic wasting 
     disease'' means the animal disease afflicting deer, elk, and 
     moose populations that--
       (A) is a transmissible disease of the nervous system 
     resulting in distinctive lesions in the brain; and
       (B) belongs to the group of diseases known as transmissible 
     spongiform encephalopathies, which group includes scrapie, 
     bovine spongiform encephalopathy, and Creutzfeldt-Jakob 
     disease.
       (3) Secretaries.--The term ``Secretaries'' means the 
     Secretary of Agriculture, acting through the Administrator of 
     the Animal and Plant Health Inspection Service, and the 
     Secretary of the Interior, acting through the Director of the 
     United States Geological Survey and the Director of the 
     United States Fish and Wildlife Service, acting jointly.
       (b) Establishment.--
       (1) In general.--The Secretaries shall establish within the 
     United States Fish and Wildlife Service a task force, to be 
     known as the ``Chronic Wasting Disease Task Force'' (referred 
     to in this subsection as the ``Task Force'') after the 
     completion of the study required by subsection (c).
       (2) Duties.--The Task Force shall--
       (A) collaborate with foreign governments to share research, 
     coordinate efforts, and discuss best management practices to 
     reduce, minimize, prevent, or eliminate chronic wasting 
     disease in the United States;
       (B) develop recommendations, including recommendations 
     based on findings of the study conducted under subsection 
     (c), and a set of best practices regarding--
       (i) the interstate coordination of practices to prevent the 
     new introduction of chronic wasting disease;
       (ii) the prioritization and coordination of the future 
     study of chronic wasting disease, based on evolving research 
     needs;
       (iii) ways to leverage the collective resources of Federal, 
     State, and local agencies, Indian Tribes, and foreign 
     governments, and resources from private, nongovernmental 
     entities, to address chronic wasting disease in the United 
     States and along the borders of the United States; and
       (iv) any other area where containment or management efforts 
     relating to chronic wasting disease may differ across 
     jurisdictions; and
       (C) develop, from the recommendations developed under 
     subparagraph (B), an action plan that gives States, the 
     Federal Government, Indian Tribes, and the farmed cervid 
     industry specific recommendations to ensure consistent and 
     coordinated management and focused, prioritized research to 
     stop the spread of and mitigate the impacts of chronic 
     wasting disease.
       (3) Membership.--
       (A) In general.--The Task Force shall be composed of--
       (i) 1 representative of the United States Fish and Wildlife 
     Service with experience in chronic wasting disease, to be 
     appointed by

[[Page S5658]]

     the Secretary of the Interior (referred to in this subsection 
     as the ``Secretary'');
       (ii) 1 representative of the United States Geological 
     Survey;
       (iii) 2 representatives of the Department of Agriculture 
     with experience in chronic wasting disease, to be appointed 
     by the Secretary of Agriculture--

       (I) 1 of whom shall have expertise in cervid health 
     research; and
       (II) 1 of whom shall have expertise in wildlife management;

       (iv) in the case of each State in which chronic wasting 
     disease among elk, mule deer, white-tailed deer, or moose has 
     been reported to the appropriate State agency, not more than 
     2 representatives, to be nominated by the Governor of the 
     State--

       (I) not more than 1 of whom shall be a representative of 
     the State agency with jurisdiction over wildlife management 
     or wildlife disease in the State; and
       (II) in the case of a State with a farmed cervid program or 
     economy, not more than 1 of whom shall be a representative of 
     the State agency with jurisdiction over farmed cervid 
     regulation in the State;

       (v) in the case of each State in which chronic wasting 
     disease among elk, mule deer, white-tailed deer, or moose has 
     not been documented, but that has carried out measures to 
     prevent the introduction of chronic wasting disease among 
     those species, not more than 2 representatives, to be 
     nominated by the Governor of the State;
       (vi) not more than 2 representatives from an Indian Tribe 
     or Tribal organization chosen in a process determined, in 
     consultation with Indian Tribes, by the Secretary; and
       (vii) not more than 5 nongovernmental members with relevant 
     expertise appointed, after the date on which the members are 
     first appointed under clauses (i) through (vi), by a majority 
     vote of the State representatives appointed under clause 
     (iv).
       (B) Effect.--Nothing in this paragraph requires a State to 
     participate in the Task Force.
       (4) Co-chairs.--The Co-Chairs of the Task Force shall be--
       (A) the Federal representative described in paragraph 
     (3)(A)(i);
       (B) 1 of the Federal representatives described in paragraph 
     (3)(A)(iii); and
       (C) 1 State representative appointed under paragraph 
     (3)(A)(iv), to be selected by a majority vote of those State 
     representatives.
       (5) Date of initial appointment.--
       (A) In general.--The members of the Task Force shall be 
     appointed not later than 180 days after the date on which the 
     study is completed under subsection (c).
       (B) Notification.--On appointment of the members of the 
     Task Force, the Co-Chairs of the Task Force shall notify the 
     Chairs and Ranking Members of the Committees on Environment 
     and Public Works and Agriculture, Nutrition, and Forestry of 
     the Senate and Natural Resources and Agriculture of the House 
     of Representatives.
       (6) Vacancies.--Any vacancy in the members appointed to the 
     Task Force--
       (A) shall not affect the power or duty of the Task Force; 
     and
       (B) shall be filled not later than 30 days after the date 
     of the vacancy.
       (7) Meetings.--The Task Force shall convene--
       (A) not less frequently than twice each year; and
       (B) at such time and place, and by such means, as the Co-
     Chairs of the Task Force determine to be appropriate, which 
     may include the use of remote conference technology.
       (8) Interstate action plan.--
       (A) In general.--Not later than 1 year after the date on 
     which the members of the Task Force are appointed, the Task 
     Force shall submit to the Secretaries, and the heads of the 
     State agencies with jurisdiction over wildlife disease and 
     farmed cervid regulation of each State with a representative 
     on the Task Force, the interstate action plan developed by 
     the Task Force under paragraph (2)(C).
       (B) Cooperative agreements.--
       (i) In general.--To the maximum extent practicable, the 
     Secretaries, any other applicable Federal agency, and each 
     applicable State may enter into a cooperative agreement to 
     fund necessary actions under the interstate action plan 
     submitted under subparagraph (A).
       (ii) Target date.--The Secretaries shall make the best 
     effort of the Secretaries to enter into any cooperative 
     agreement under clause (i) not later than 180 days after the 
     date of submission of the interstate action plan under 
     subparagraph (A).
       (C) Matching funds.--
       (i) In general.--Subject to clause (ii), for each fiscal 
     year, the Secretaries may provide funds to carry out an 
     interstate action plan through a cooperative agreement under 
     subparagraph (B) in the amount of funds provided by the 
     applicable States.
       (ii) Limitation.--The amount provided by the United States 
     Fish and Wildlife Service under clause (i) for a fiscal year 
     shall be not greater than $5,000,000.
       (9) Reports.--Not later than September 30 of the first full 
     fiscal year after the date on which the first members of the 
     Task Force are appointed, and each September 30 thereafter, 
     the Task Force shall submit to the Secretaries, and the heads 
     of the State agencies with jurisdiction over wildlife disease 
     and farmed cervid regulation of each State with a 
     representatives on the Task Force, a report describing--
       (A) progress on the implementation of actions identified in 
     the interstate action plan submitted under paragraph (8)(A), 
     including the efficacy of funding under the cooperative 
     agreement entered into under paragraph (8)(B);
       (B) updated resource requirements that are needed to reduce 
     and eliminate chronic wasting disease in the United States;
       (C) any relevant updates to the recommended best management 
     practices included in the interstate action plan submitted 
     under paragraph (8)(B) to reduce or eliminate chronic wasting 
     disease;
       (D) new research findings and emerging research needs 
     relating to chronic wasting disease; and
       (E) any other relevant information.
       (c) Chronic Wasting Disease Transmission in Cervidae 
     Resource Study.--
       (1) Definition of academy.--In this subsection, the term 
     ``Academy'' means the National Academy of Sciences.
       (2) Study.--
       (A) In general.--The Secretaries shall enter into an 
     arrangement with the Academy under which the Academy shall 
     conduct, and submit to the Secretaries a report describing 
     the findings of, a special resource study to identify the 
     predominant pathways and mechanisms of the transmission of 
     chronic wasting disease in wild, captive, and farmed 
     populations of cervids in the United States.
       (B) Requirements.--The arrangement under subparagraph (A) 
     shall provide that the actual expenses incurred by the 
     Academy in conducting the study under subparagraph (A) shall 
     be paid by the Secretaries, subject to the availability of 
     appropriations.
       (3) Contents of the study.--The study under paragraph (2) 
     shall--
       (A) with respect to wild, captive, and farmed populations 
     of cervids in the United States, identify--
       (i)(I) to the extent possible, the pathways and mechanisms 
     for the transmission of chronic wasting disease within live 
     cervid populations and cervid products, which may include 
     pathways and mechanisms for transmission from Canada;
       (II) the infection rates for each pathway and mechanism 
     identified under subclause (I); and
       (III) the relative frequency of transmission of each 
     pathway and mechanism identified under subclause (I);
       (ii)(I) anthropogenic and environmental factors 
     contributing to new chronic wasting disease emergence events;
       (II) the development of geographical areas with increased 
     chronic wasting disease prevalence; and
       (III) the overall geographical patterns of chronic wasting 
     disease distribution;
       (iii) significant gaps in current scientific knowledge 
     regarding the transmission pathways and mechanisms identified 
     under clause (i)(I) and potential prevention, detection, and 
     control methods identified under clause (v);
       (iv) for prioritization the scientific research projects 
     that will address the knowledge gaps identified under clause 
     (iii), based on the likelihood that a project will contribute 
     significantly to the prevention or control of chronic wasting 
     disease; and
       (v) potential prevention, detection, or control measures, 
     practices, or technologies to be used to mitigate the 
     transmission and spread of chronic wasting disease in wild, 
     captive, and farmed populations of cervids in the United 
     States;
       (B) assess the effectiveness of the potential prevention, 
     detection, or control measures, practices, or technologies 
     identified under subparagraph (A)(v); and
       (C) review and compare science-based best practices, 
     standards, and guidance regarding the prevention, detection, 
     and management of chronic wasting disease in wild, captive, 
     and farmed populations of cervids in the United States that 
     have been developed by--
       (i) the National Chronic Wasting Disease Herd Certification 
     Program of the Animal and Plant Health Inspection Service;
       (ii) the National Wildlife Research Center of the Animal 
     and Plant Health Inspection Service;
       (iii) the United States Geological Survey;
       (iv) State wildlife and agricultural agencies, in the case 
     of practices, standards, and guidance that provide practical, 
     science-based recommendations to State and Federal agencies 
     for minimizing or eliminating the risk of transmission of 
     chronic wasting disease in the United States; and
       (v) industry or academia, in the case of any published 
     guidance on practices that provide practical, science-based 
     recommendations to cervid producers for minimizing or 
     eliminating the risk of transmission of chronic wasting 
     disease within or between herds.
       (4) Deadline.--The study under paragraph (2) shall be 
     completed not later than 180 days after the date on which 
     funds are first made available for the study.
       (5) Data sharing.--The Secretaries shall share with the 
     Academy, as necessary to conduct the study under paragraph 
     (2), subject to the avoidance of a violation of a privacy or 
     confidentiality requirement and the protection of 
     confidential or privileged commercial, financial, or 
     proprietary information, data and access to databases and 
     research information on chronic wasting disease under the 
     jurisdiction of--
       (A) the Animal and Plant Health Inspection Service; and
       (B) the United States Geological Survey.
       (6) Report.--Not later than 60 days after the date of 
     completion of the study, the Secretaries shall submit to the 
     Committee on

[[Page S5659]]

     Agriculture, Nutrition, and Forestry, the Committee on Energy 
     and Natural Resources, and the Committee on Environment and 
     Public Works of the Senate and the Committee on Agriculture 
     and the Committee on Natural Resources of the House of 
     Representatives a report that describes--
       (A) the findings of the study; and
       (B) any conclusions and recommendations that the 
     Secretaries determine to be appropriate.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) for the period of fiscal years 2021 through 2025, 
     $5,000,000 to the Secretary of the Interior, acting through 
     the Director of the United States Fish and Wildlife Service, 
     to carry out administrative activities under subsection (b);
       (2) for fiscal year 2021, $1,200,000 to the Secretary of 
     the Interior, acting through the Director of the United 
     States Geological Survey, to carry out activities to fund 
     research under subsection (c); and
       (3) for fiscal year 2021, $1,200,000 to the Secretary of 
     Agriculture, acting through the Administrator of the Animal 
     and Plant Health Inspection Service, to carry out activities 
     to fund research under subsection (c).

     SEC. 105. INVASIVE SPECIES.

       Section 10 of the Fish and Wildlife Coordination Act (16 
     U.S.C. 666c-1) is amended--
       (1) in subsection (c)(2)--
       (A) in subparagraph (A)--
       (i) by redesignating clauses (i) and (ii) as clauses (ii) 
     and (iii), respectively; and
       (ii) by inserting before clause (ii) (as so redesignated) 
     the following:
       ``(i) relevant Federal agencies;'';
       (B) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively; and
       (C) by inserting after subparagraph (A) the following:
       ``(B) in consultation with stakeholders, including 
     nongovernmental organizations and industry;''; and
       (2) by adding at the end the following:
       ``(p) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section for 
     each of fiscal years 2021 through 2025--
       ``(1) $2,500,000 to the Secretary of the Army, acting 
     through the Chief of Engineers; and
       ``(2) $2,500,000 to the Secretary of the Interior.''.

     SEC. 106. NORTH AMERICAN WETLANDS CONSERVATION ACT.

       Section 7(c) of the North American Wetlands Conservation 
     Act (16 U.S.C. 4406(c)) is amended by striking ``not to 
     exceed--'' in the matter preceding paragraph (1) and all that 
     follows through paragraph (5) and inserting ``not to exceed 
     $60,000,000 for each of fiscal years 2021 through 2025.''.

     SEC. 107. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT 
                   ACT.

       (a) Board of Directors of Foundation.--
       (1) In general.--Section 3 of the National Fish and 
     Wildlife Foundation Establishment Act (16 U.S.C. 3702) is 
     amended--
       (A) in subsection (b)--
       (i) by striking paragraph (2) and inserting the following:
       ``(2) Appointment of directors.--After consulting with the 
     Secretary of Commerce and considering the recommendations 
     submitted by the Board, the Secretary of the Interior shall 
     appoint 28 Directors who, to the maximum extent practicable, 
     shall--
       ``(A) be knowledgeable and experienced in matters relating 
     to the conservation of fish, wildlife, or other natural 
     resources; and
       ``(B) represent a balance of expertise in ocean, coastal, 
     freshwater, and terrestrial resource conservation.''; and
       (ii) by striking paragraph (3) and inserting the following:
       ``(3) Terms.--Each Director (other than a Director 
     described in paragraph (1)) shall be appointed for a term of 
     6 years.''; and
       (B) in subsection (g)(2)--
       (i) in subparagraph (A), by striking ``(A) Officers and 
     employees may not be appointed until the Foundation has 
     sufficient funds to pay them for their service. Officers'' 
     and inserting the following:
       ``(A) In general.--Officers''; and
       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Executive director.--The Foundation shall have an 
     Executive Director who shall be--
       ``(i) appointed by, and serve at the direction of, the 
     Board as the chief executive officer of the Foundation; and
       ``(ii) knowledgeable and experienced in matters relating to 
     fish and wildlife conservation.''.
       (2) Conforming amendment.--Section 4(a)(1)(B) of the North 
     American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) 
     is amended by striking ``Secretary of the Board'' and 
     inserting ``Executive Director of the Board''.
       (b) Rights and Obligations of Foundation.--Section 4 of the 
     National Fish and Wildlife Foundation Establishment Act (16 
     U.S.C. 3703) is amended--
       (1) in subsection (c)--
       (A) by striking ``(c) Powers.--To carry out its purposes 
     under'' and inserting the following:
       ``(c) Powers.--
       ``(1) In general.--To carry out the purposes described 
     in'';
       (B) by redesignating paragraphs (1) through (11) as 
     subparagraphs (A) through (K), respectively, and indenting 
     appropriately;
       (C) in subparagraph (D) (as redesignated by subparagraph 
     (B)), by striking ``that are insured by an agency or 
     instrumentality of the United States'' and inserting ``at 1 
     or more financial institutions that are members of the 
     Federal Deposit Insurance Corporation or the Securities 
     Investment Protection Corporation'';
       (D) in subparagraph (E) (as redesignated by subparagraph 
     (B)), by striking ``paragraph (3) or (4)'' and inserting 
     ``subparagraph (C) or (D)'';
       (E) in subparagraph (J) (as redesignated by subparagraph 
     (B)), by striking ``and'' at the end;
       (F) by striking subparagraph (K) (as redesignated by 
     subparagraph (B)) and inserting the following:
       ``(K) to receive and administer restitution and community 
     service payments, amounts for mitigation of impacts to 
     natural resources, and other amounts arising from legal, 
     regulatory, or administrative proceedings, subject to the 
     condition that the amounts are received or administered for 
     purposes that further the conservation and management of 
     fish, wildlife, plants, and other natural resources; and
       ``(L) to do acts necessary to carry out the purposes of the 
     Foundation.''; and
       (G) by striking the undesignated matter at the end and 
     inserting the following:
       ``(2) Treatment of real property.--
       ``(A) In general.--For purposes of this Act, an interest in 
     real property shall be treated as including easements or 
     other rights for preservation, conservation, protection, or 
     enhancement by and for the public of natural, scenic, 
     historic, scientific, educational, inspirational, or 
     recreational resources.
       ``(B) Encumbered real property.--A gift, devise, or bequest 
     may be accepted by the Foundation even though the gift, 
     devise, or bequest is encumbered, restricted, or subject to 
     beneficial interests of private persons if any current or 
     future interest in the gift, devise, or bequest is for the 
     benefit of the Foundation.
       ``(3) Savings clause.--The acceptance and administration of 
     amounts by the Foundation under paragraph (1)(K) does not 
     alter, supersede, or limit any regulatory or statutory 
     requirement associated with those amounts.'';
       (2) by striking subsections (f) and (g); and
       (3) by redesignating subsections (h) and (i) as subsections 
     (f) and (g), respectively.
       (c) Authorization of Appropriations.--Section 10 of the 
     National Fish and Wildlife Foundation Establishment Act (16 
     U.S.C. 3709) is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this Act for each of fiscal years 2021 through 
     2025--
       ``(A) $15,000,000 to the Secretary of the Interior;
       ``(B) $5,000,000 to the Secretary of Agriculture; and
       ``(C) $5,000,000 to the Secretary of Commerce.'';
       (2) in subsection (b)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) Amounts from federal agencies.--
       ``(A) In general.--In addition to the amounts authorized to 
     be appropriated under subsection (a), Federal departments, 
     agencies, or instrumentalities are authorized to provide 
     funds to the Foundation through Federal financial assistance 
     grants and cooperative agreements, subject to the condition 
     that the amounts are used for purposes that further the 
     conservation and management of fish, wildlife, plants, and 
     other natural resources in accordance with this Act.
       ``(B) Advances.--Federal departments, agencies, or 
     instrumentalities may advance amounts described in 
     subparagraph (A) to the Foundation in a lump sum without 
     regard to when the expenses for which the amounts are used 
     are incurred.
       ``(C) Management fees.--The Foundation may assess and 
     collect fees for the management of amounts received under 
     this paragraph.'';
       (B) in paragraph (2)--
       (i) in the paragraph heading, by striking ``funds'' and 
     inserting ``amounts'';
       (ii) by striking ``shall be used'' and inserting ``may be 
     used''; and
       (iii) by striking ``and State and local government 
     agencies'' and inserting ``, State and local government 
     agencies, and other entities''; and
       (C) by adding at the end the following:
       ``(3) Administration of amounts.--
       ``(A) In general.--In entering into contracts, agreements, 
     or other partnerships pursuant to this Act, a Federal 
     department, agency, or instrumentality shall have discretion 
     to waive any competitive process applicable to the 
     department, agency, or instrumentality for entering into 
     contracts, agreements, or partnerships with the Foundation if 
     the purpose of the waiver is--
       ``(i) to address an environmental emergency resulting from 
     a natural or other disaster; or
       ``(ii) as determined by the head of the applicable Federal 
     department, agency, or instrumentality, to reduce 
     administrative expenses and expedite the conservation and 
     management of fish, wildlife, plants, and other natural 
     resources.
       ``(B) Reports.--The Foundation shall include in the annual 
     report submitted under

[[Page S5660]]

     section 7(b) a description of any use of the authority under 
     subparagraph (A) by a Federal department, agency, or 
     instrumentality in that fiscal year.''; and
       (3) by adding at the end the following:
       ``(d) Use of Gifts, Devises, or Bequests of Money or Other 
     Property.--Any gifts, devises, or bequests of amounts or 
     other property, or any other amounts or other property, 
     transferred to, deposited with, or otherwise in the 
     possession of the Foundation pursuant to this Act, may be 
     made available by the Foundation to Federal departments, 
     agencies, or instrumentalities and may be accepted and 
     expended (or the disposition of the amounts or property 
     directed), without further appropriation, by those Federal 
     departments, agencies, or instrumentalities, subject to the 
     condition that the amounts or property be used for purposes 
     that further the conservation and management of fish, 
     wildlife, plants, and other natural resources.''.
       (d) Limitation on Authority.--Section 11 of the National 
     Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
     3710) is amended by inserting ``exclusive'' before 
     ``authority''.

     SEC. 108. MODIFICATION OF DEFINITION OF SPORT FISHING 
                   EQUIPMENT UNDER TOXIC SUBSTANCES CONTROL ACT.

       (a) Prohibition.--During the 5-year period beginning on the 
     date of enactment of this Act, the Administrator of the 
     Environmental Protection Agency shall not take any action to 
     regulate the lead content of sport fishing equipment or sport 
     fishing equipment components under the Toxic Substances 
     Control Act (15 U.S.C. 2601 et seq.).
       (b) Definition of Sport Fishing Equipment.--In this 
     section, the term ``sport fishing equipment'' means any sport 
     fishing equipment (as such term is defined in section 4162(a) 
     of the Internal Revenue Code of 1986) the sale of which is 
     subject to the tax imposed by section 4161(a) of such Code 
     (determined without regard to any exemptions from such tax 
     provided by section 4162 or 4221 or any other provision of 
     such Code).

     SEC. 109. REAUTHORIZATION OF CHESAPEAKE BAY PROGRAM.

       Section 117 of the Federal Water Pollution Control Act (33 
     U.S.C. 1267) is amended by striking subsection (j) and 
     inserting the following:
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) for fiscal year 2021, $90,000,000;
       ``(2) for fiscal year 2022, $90,500,000;
       ``(3) for fiscal year 2023, $91,000,000;
       ``(4) for fiscal year 2024, $91,500,000; and
       ``(5) for fiscal year 2025, $92,000,000.''.

     SEC. 110. REAUTHORIZATION OF CHESAPEAKE BAY INITIATIVE ACT OF 
                   1998.

       Section 502(c) of the Chesapeake Bay Initiative Act of 1998 
     (Public Law 105-312) is amended by striking ``2019'' and 
     inserting ``2025''.

     SEC. 111. CHESAPEAKE WATERSHED INVESTMENTS FOR LANDSCAPE 
                   DEFENSE.

       (a) Definitions.--In this section:
       (1) Chesapeake bay agreements.--The term ``Chesapeake Bay 
     agreements'' means the formal, voluntary agreements--
       (A) executed to achieve the goal of restoring and 
     protecting the Chesapeake Bay watershed ecosystem and the 
     living resources of the Chesapeake Bay watershed ecosystem; 
     and
       (B) signed by the Chesapeake Executive Council.
       (2) Chesapeake bay program.--The term ``Chesapeake Bay 
     program'' means the program directed by the Chesapeake 
     Executive Council in accordance with the Chesapeake Bay 
     agreements.
       (3) Chesapeake bay watershed.--The term ``Chesapeake Bay 
     watershed'' means the region that covers--
       (A) the Chesapeake Bay;
       (B) the portions of the States of Delaware, Maryland, New 
     York, Pennsylvania, Virginia, and West Virginia that drain 
     into the Chesapeake Bay; and
       (C) the District of Columbia.
       (4) Chesapeake executive council.--The term ``Chesapeake 
     Executive Council'' means the council comprised of--
       (A) the Governors of each of the States of Delaware, 
     Maryland, New York, Pennsylvania, Virginia, and West 
     Virginia;
       (B) the Mayor of the District of Columbia;
       (C) the Chair of the Chesapeake Bay Commission; and
       (D) the Administrator of the Environmental Protection 
     Agency.
       (5) Chesapeake wild program.--The term ``Chesapeake WILD 
     program'' means the nonregulatory program established by the 
     Secretary under subsection (b)(1).
       (6) Grant program.--The term ``grant program'' means the 
     Chesapeake Watershed Investments for Landscape Defense grant 
     program established by the Secretary under subsection (c)(1).
       (7) Restoration and protection activity.--The term 
     ``restoration and protection activity'' means an activity 
     carried out for the conservation, stewardship, and 
     enhancement of habitat for fish and wildlife--
       (A) to preserve and improve ecosystems and ecological 
     processes on which the fish and wildlife depend; and
       (B) for use and enjoyment by the public.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the United 
     States Fish and Wildlife Service.
       (b) Program Establishment.--
       (1) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall establish a 
     nonregulatory program, to be known as the ``Chesapeake 
     Watershed Investments for Landscape Defense program''.
       (2) Purposes.--The purposes of the Chesapeake WILD program 
     are--
       (A) coordinating restoration and protection activities 
     among Federal, State, local, and regional entities and 
     conservation partners throughout the Chesapeake Bay 
     watershed;
       (B) engaging other agencies and organizations to build a 
     broader range of partner support, capacity, and potential 
     funding for projects in the Chesapeake Bay watershed;
       (C) carrying out coordinated restoration and protection 
     activities, and providing for technical assistance, 
     throughout the Chesapeake Bay watershed--
       (i) to sustain and enhance restoration and protection 
     activities;
       (ii) to improve and maintain water quality to support fish 
     and wildlife, habitats of fish and wildlife, and drinking 
     water for people;
       (iii) to sustain and enhance water management for volume 
     and flood damage mitigation improvements to benefit fish and 
     wildlife habitat;
       (iv) to improve opportunities for public access and 
     recreation in the Chesapeake Bay watershed consistent with 
     the ecological needs of fish and wildlife habitat;
       (v) to facilitate strategic planning to maximize the 
     resilience of natural ecosystems and habitats under changing 
     watershed conditions;
       (vi) to engage the public through outreach, education, and 
     citizen involvement to increase capacity and support for 
     coordinated restoration and protection activities in the 
     Chesapeake Bay watershed;
       (vii) to sustain and enhance vulnerable communities and 
     fish and wildlife habitat;
       (viii) to conserve and restore fish, wildlife, and plant 
     corridors; and
       (ix) to increase scientific capacity to support the 
     planning, monitoring, and research activities necessary to 
     carry out coordinated restoration and protection activities.
       (3) Duties.--In carrying out the Chesapeake WILD program, 
     the Secretary shall--
       (A) draw on existing plans for the Chesapeake Bay 
     watershed, or portions of the Chesapeake Bay watershed, 
     including the Chesapeake Bay agreements, and work in 
     consultation with applicable management entities, including 
     Chesapeake Bay program partners, such as the Federal 
     Government, State and local governments, the Chesapeake Bay 
     Commission, and other regional organizations, as appropriate, 
     to identify, prioritize, and implement restoration and 
     protection activities within the Chesapeake Bay watershed;
       (B) adopt a Chesapeake Bay watershed-wide strategy that--
       (i) supports the implementation of a shared set of science-
     based restoration and protection activities developed in 
     accordance with subparagraph (A); and
       (ii) targets cost-effective projects with measurable 
     results; and
       (C) establish the grant program in accordance with 
     subsection (c).
       (4) Coordination.--In establishing the Chesapeake WILD 
     program, the Secretary shall consult, as appropriate, with--
       (A) the heads of Federal agencies, including--
       (i) the Administrator of the Environmental Protection 
     Agency;
       (ii) the Administrator of the National Oceanic and 
     Atmospheric Administration;
       (iii) the Chief of the Natural Resources Conservation 
     Service;
       (iv) the Chief of Engineers;
       (v) the Director of the United States Geological Survey;
       (vi) the Secretary of Transportation;
       (vii) the Chief of the Forest Service; and
       (viii) the head of any other applicable agency;
       (B) the Governors of each of the States of Delaware, 
     Maryland, New York, Pennsylvania, Virginia, and West Virginia 
     and the Mayor of the District of Columbia;
       (C) fish and wildlife joint venture partnerships; and
       (D) other public agencies and organizations with authority 
     for the planning and implementation of conservation 
     strategies in the Chesapeake Bay watershed.
       (c) Grants and Technical Assistance.--
       (1) Chesapeake wild grant program.--To the extent that 
     funds are made available to carry out this subsection, the 
     Secretary shall establish and carry out, as part of the 
     Chesapeake WILD program, a voluntary grant and technical 
     assistance program, to be known as the ``Chesapeake Watershed 
     Investments for Landscape Defense grant program'', to provide 
     competitive matching grants of varying amounts and technical 
     assistance to eligible entities described in paragraph (2) to 
     carry out activities described in subsection (b)(2).
       (2) Eligible entities.--The following entities are eligible 
     to receive a grant and technical assistance under the grant 
     program:
       (A) A State.
       (B) The District of Columbia.
       (C) A unit of local government.
       (D) A nonprofit organization.
       (E) An institution of higher education as such term is 
     defined in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       (F) Any other entity that the Secretary determines to be 
     appropriate in accordance with the criteria established under 
     paragraph (3).

[[Page S5661]]

       (3) Criteria.--The Secretary, in consultation with 
     officials and entities described in subsection (b)(4), shall 
     establish criteria for the grant program to help ensure that 
     activities funded under this subsection--
       (A) accomplish 1 or more of the purposes described in 
     subsection (b)(2); and
       (B) advance the implementation of priority actions or needs 
     identified in the Chesapeake Bay watershed-wide strategy 
     adopted under subsection (b)(3)(B).
       (4) Cost sharing.--
       (A) Department of the interior share.--The Department of 
     the Interior share of the cost of a project funded under the 
     grant program shall not exceed 50 percent of the total cost 
     of the project, as determined by the Secretary.
       (B) Non-department of the interior share.--
       (i) In general.--The non-Department of the Interior share 
     of the cost of a project funded under the grant program may 
     be provided in cash or in the form of an in-kind contribution 
     of services or materials.
       (ii) Other federal funding.--Non-Department of the Interior 
     Federal funds may be used for not more than 25 percent of the 
     total cost of a project funded under the grant program.
       (5) Administration.--The Secretary may enter into an 
     agreement to manage the grant program with an organization 
     that offers grant management services.
       (d) Reporting.--Not later than 180 days after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     shall submit to Congress a report describing the 
     implementation of this section, including a description of 
     each project that has received funding under this section.
       (e) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $15,000,000 for each of fiscal years 
     2021 through 2025.
       (2) Supplement, not supplant.--Funds made available under 
     paragraph (1) shall supplement, and not supplant, funding for 
     other activities conducted by the Secretary in the Chesapeake 
     Bay watershed.

   TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS

     SEC. 201. PURPOSE.

       The purpose of this title is to encourage partnerships 
     among public agencies and other interested persons to promote 
     fish conservation--
       (1) to achieve measurable habitat conservation results 
     through strategic actions of Fish Habitat Partnerships that 
     lead to better fish habitat conditions and increased fishing 
     opportunities by--
       (A) improving ecological conditions;
       (B) restoring natural processes; or
       (C) preventing the decline of intact and healthy systems;
       (2) to establish a consensus set of national conservation 
     strategies as a framework to guide future actions and 
     investment by Fish Habitat Partnerships;
       (3) to broaden the community of support for fish habitat 
     conservation by--
       (A) increasing fishing opportunities;
       (B) fostering the participation of local communities, 
     especially young people in local communities, in conservation 
     activities; and
       (C) raising public awareness of the role healthy fish 
     habitat play in the quality of life and economic well-being 
     of local communities;
       (4) to fill gaps in the National Fish Habitat Assessment 
     and the associated database of the National Fish Habitat 
     Assessment--
       (A) to empower strategic conservation actions supported by 
     broadly available scientific information; and
       (B) to integrate socioeconomic data in the analysis to 
     improve the lives of humans in a manner consistent with fish 
     habitat conservation goals; and
       (5) to communicate to the public and conservation 
     partners--
       (A) the conservation outcomes produced collectively by Fish 
     Habitat Partnerships; and
       (B) new opportunities and voluntary approaches for 
     conserving fish habitat.

     SEC. 202. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     and the Committee on Environment and Public Works of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Board.--The term ``Board'' means the National Fish 
     Habitat Board established by section 203.
       (3) Director.--The term ``Director'' means the Director of 
     the United States Fish and Wildlife Service.
       (4) Environmental protection agency assistant 
     administrator.--The term ``Environmental Protection Agency 
     Assistant Administrator'' means the Assistant Administrator 
     for Water of the Environmental Protection Agency.
       (5) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given to the term ``Indian tribe'' in section 4 of 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 5304).
       (6) National oceanic and atmospheric administration 
     assistant administrator.--The term ``National Oceanic and 
     Atmospheric Administration Assistant Administrator'' means 
     the Assistant Administrator for Fisheries of the National 
     Oceanic and Atmospheric Administration.
       (7) Partnership.--The term ``Partnership'' means an entity 
     designated by Congress as a Fish Habitat Partnership under 
     section 204.
       (8) Real property interest.--The term ``real property 
     interest'' means an ownership interest in--
       (A) land; or
       (B) water (including water rights).
       (9) Marine fisheries commissions.--The term ``Marine 
     Fisheries Commissions'' means--
       (A) the Atlantic States Marine Fisheries Commission;
       (B) the Gulf States Marine Fisheries Commission; and
       (C) the Pacific States Marine Commission.
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (11) State.--The term ``State'' means each of the several 
     States, Puerto Rico, American Samoa, Guam, the Northern 
     Mariana Islands, the United States Virgin Islands, and the 
     District of Columbia.
       (12) State agency.--The term ``State agency'' means--
       (A) the fish and wildlife agency of a State; and
       (B) any department or division of a department or agency of 
     a State that manages in the public trust the inland or marine 
     fishery resources of the State or sustains the habitat for 
     those fishery resources pursuant to State law or the 
     constitution of the State.

     SEC. 203. NATIONAL FISH HABITAT BOARD.

       (a) Establishment.--
       (1) Fish habitat board.--There is established a board, to 
     be known as the ``National Fish Habitat Board'', whose duties 
     are--
       (A) to promote, oversee, and coordinate the implementation 
     of this title;
       (B) to establish national goals and priorities for fish 
     habitat conservation;
       (C) to recommend to Congress entities for designation as 
     Partnerships; and
       (D) to review and make recommendations regarding fish 
     habitat conservation projects.
       (2) Membership.--The Board shall be composed of 26 members, 
     of whom--
       (A) 1 shall be a representative of the Department of the 
     Interior;
       (B) 1 shall be a representative of the United States 
     Geological Survey;
       (C) 1 shall be a representative of the Department of 
     Commerce;
       (D) 1 shall be a representative of the Department of 
     Agriculture;
       (E) 1 shall be a representative of the Association of Fish 
     and Wildlife Agencies;
       (F) 4 shall be representatives of State agencies, 1 of whom 
     shall be nominated by a regional association of fish and 
     wildlife agencies from each of the Northeast, Southeast, 
     Midwest, and Western regions of the United States;
       (G) 2 shall be representatives of either--
       (i) Indian Tribes in the State of Alaska; or
       (ii) Indian Tribes in States other than the State of 
     Alaska;
       (H) 1 shall be a representative of either--
       (i) the Regional Fishery Management Councils established 
     under section 302 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1852); or
       (ii) a representative of the Marine Fisheries Commissions;
       (I) 1 shall be a representative of the Sport Fishing and 
     Boating Partnership Council;
       (J) 7 shall be representatives selected from at least one 
     from each of the following:
       (i) the recreational sportfishing industry;
       (ii) the commercial fishing industry;
       (iii) marine recreational anglers;
       (iv) freshwater recreational anglers;
       (v) habitat conservation organizations; and
       (vi) science-based fishery organizations;
       (K) 1 shall be a representative of a national private 
     landowner organization;
       (L) 1 shall be a representative of an agricultural 
     production organization;
       (M) 1 shall be a representative of local government 
     interests involved in fish habitat restoration;
       (N) 2 shall be representatives from different sectors of 
     corporate industries, which may include--
       (i) natural resource commodity interests, such as petroleum 
     or mineral extraction;
       (ii) natural resource user industries; and
       (iii) industries with an interest in fish and fish habitat 
     conservation; and
       (O) 1 shall be an individual in a leadership position in 
     the private sector or landowner representative of an active 
     partnership.
       (3) Compensation.--A member of the Board shall serve 
     without compensation.
       (4) Travel expenses.--A member of the Board may be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     at rates authorized for an employee of an agency under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while away from the home or regular place of business of the 
     member in the performance of the duties of the Board.
       (b) Appointment and Terms.--
       (1) In general.--Except as otherwise provided in this 
     section, a member of the Board described in any of 
     subparagraphs (F) through (O) of subsection (a)(2) shall 
     serve for a term of 3 years.
       (2) Initial board membership.--
       (A) In general.--The initial Board shall consist of 
     representatives as described in subparagraphs (A) through (F) 
     of subsection (a)(2).
       (B) Remaining members.--Not later than 60 days after the 
     date of enactment of this Act, the representatives of the 
     initial Board under subparagraph (A) shall appoint the 
     remaining members of the Board described in

[[Page S5662]]

     subparagraphs (H) through (O) of subsection (a)(2).
       (C) Tribal representatives.--Not later than 60 days after 
     the enactment of this Act, the Secretary shall provide to the 
     Board a recommendation of not fewer than three Tribal 
     representatives, from which the Board shall appoint one 
     representative pursuant to subparagraph (G) of subsection 
     (a)(2).
       (3) Staggered terms.--Of the members described in 
     subsection (a)(2)(J) initially appointed to the Board--
       (A) two shall be appointed for a term of 1 year;
       (B) two shall be appointed for a term of 2 years; and
       (C) three shall be appointed for a term of 3 years.
       (4) Vacancies.--
       (A) In general.--A vacancy of a member of the Board 
     described in subparagraph (H), (I), (J), (K), (L), (M), (N), 
     or (O) of subsection (a)(2) shall be filled by an appointment 
     made by the remaining members of the Board.
       (B) Tribal representatives.--Following a vacancy of a 
     member of the Board described in subparagraph (G) of 
     subsection (a)(2), the Secretary shall recommend to the Board 
     a list of not fewer than three Tribal representatives, from 
     which the remaining members of the Board shall appoint a 
     representative to fill the vacancy.
       (5) Continuation of service.--An individual whose term of 
     service as a member of the Board expires may continue to 
     serve on the Board until a successor is appointed.
       (6) Removal.--If a member of the Board described in any of 
     subparagraphs (H) through (O) of subparagraph (a)(2) misses 
     three consecutive regularly scheduled Board meetings, the 
     members of the Board may--
       (A) vote to remove that member; and
       (B) appoint another individual in accordance with paragraph 
     (4).
       (c) Chairperson.--
       (1) In general.--The representative of the Association of 
     Fish and Wildlife Agencies appointed under subsection 
     (a)(2)(E) shall serve as Chairperson of the Board.
       (2) Term.--The Chairperson of the Board shall serve for a 
     term of 3 years.
       (d) Meetings.--
       (1) In general.--The Board shall meet--
       (A) at the call of the Chairperson; but
       (B) not less frequently than twice each calendar year.
       (2) Public access.--All meetings of the Board shall be open 
     to the public.
       (e) Procedures.--
       (1) In general.--The Board shall establish procedures to 
     carry out the business of the Board, including--
       (A) a requirement that a quorum of the members of the Board 
     be present to transact business;
       (B) a requirement that no recommendations may be adopted by 
     the Board, except by the vote of two-thirds of all members;
       (C) procedures for establishing national goals and 
     priorities for fish habitat conservation for the purposes of 
     this title;
       (D) procedures for designating Partnerships under section 
     204; and
       (E) procedures for reviewing, evaluating, and making 
     recommendations regarding fish habitat conservation projects.
       (2) Quorum.--A majority of the members of the Board shall 
     constitute a quorum.

     SEC. 204. FISH HABITAT PARTNERSHIPS.

       (a) Authority To Recommend.--The Board may recommend to 
     Congress the designation of Fish Habitat Partnerships in 
     accordance with this section.
       (b) Purposes.--The purposes of a Partnership shall be--
       (1) to work with other regional habitat conservation 
     programs to promote cooperation and coordination to enhance 
     fish populations and fish habitats;
       (2) to engage local and regional communities to build 
     support for fish habitat conservation;
       (3) to involve diverse groups of public and private 
     partners;
       (4) to develop collaboratively a strategic vision and 
     achievable implementation plan that is scientifically sound;
       (5) to leverage funding from sources that support local and 
     regional partnerships;
       (6) to use adaptive management principles, including 
     evaluation of project success and functionality;
       (7) to develop appropriate local or regional habitat 
     evaluation and assessment measures and criteria that are 
     compatible with national habitat condition measures; and
       (8) to implement local and regional priority projects that 
     improve conditions for fish and fish habitat.
       (c) Criteria for Designation.--An entity seeking to be 
     designated by Congress as a Partnership shall--
       (1) submit to the Board an application at such time, in 
     such manner, and containing such information as the Board may 
     reasonably require; and
       (2) demonstrate to the Board that the entity has--
       (A) a focus on promoting the health of important fish and 
     fish habitats;
       (B) an ability to coordinate the implementation of priority 
     projects that support the goals and national priorities set 
     by the Board that are within the Partnership boundary;
       (C) a self-governance structure that supports the 
     implementation of strategic priorities for fish habitat;
       (D) the ability to develop local and regional relationships 
     with a broad range of entities to further strategic 
     priorities for fish and fish habitat;
       (E) a strategic plan that details required investments for 
     fish habitat conservation that addresses the strategic fish 
     habitat priorities of the Partnership and supports and meets 
     the strategic priorities of the Board;
       (F) the ability to develop and implement fish habitat 
     conservation projects that address strategic priorities of 
     the Partnership and the Board; and
       (G) the ability to develop fish habitat conservation 
     priorities based on sound science and data, the ability to 
     measure the effectiveness of fish habitat projects of the 
     Partnership, and a clear plan as to how Partnership science 
     and data components will be integrated with the overall Board 
     science and data effort.
       (d) Requirements for Recommendation to Congress.--The Board 
     may recommend to Congress for designation an application for 
     a Partnership submitted under subsection (c) if the Board 
     determines that the applicant--
       (1) meets the criteria described in subsection (c)(2);
       (2) identifies representatives to provide support and 
     technical assistance to the Partnership from a diverse group 
     of public and private partners, which may include State or 
     local governments, nonprofit entities, Indian Tribes, and 
     private individuals, that are focused on conservation of fish 
     habitats to achieve results across jurisdictional boundaries 
     on public and private land;
       (3) is organized to promote the health of important fish 
     species and important fish habitats, including reservoirs, 
     natural lakes, coastal and marine environments, coral reefs, 
     and estuaries;
       (4) identifies strategic fish and fish habitat priorities 
     for the Partnership area in the form of geographical focus 
     areas or key stressors or impairments to facilitate strategic 
     planning and decision making;
       (5) is able to address issues and priorities on a 
     nationally significant scale;
       (6) includes a governance structure that--
       (A) reflects the range of all partners; and
       (B) promotes joint strategic planning and decision making 
     by the applicant;
       (7) demonstrates completion of, or significant progress 
     toward the development of, a strategic plan to address 
     declines in fish populations, rather than simply treating 
     symptoms, in accordance with the goals and national 
     priorities established by the Board; and
       (8) promotes collaboration in developing a strategic vision 
     and implementation program that is scientifically sound and 
     achievable.
       (e) Report to Congress.--
       (1) In general.--Not later than February 1 of the first 
     fiscal year beginning after the date of enactment of this Act 
     and each February 1 thereafter, the Board shall develop and 
     submit to the appropriate congressional committees an annual 
     report, to be entitled ``Report to Congress on Future Fish 
     Habitat Partnerships and Modifications'', that--
       (A) identifies each entity that--
       (i) meets the requirements described in subsection (d); and
       (ii) the Board recommends to Congress for designation as a 
     Partnership;
       (B) describes any proposed modifications to a Partnership 
     previously designated by Congress under subsection (f);
       (C) with respect to each entity recommended for designation 
     as a Partnership, describes, to the maximum extent 
     practicable--
       (i) the purpose of the recommended Partnership; and
       (ii) how the recommended Partnership fulfills the 
     requirements described in subsection (d).
       (2) Public availability; notification.--The Board shall--
       (A) make the report publicly available, including on the 
     internet; and
       (B) provide to the appropriate congressional committees and 
     the State agency of any State included in a recommended 
     Partnership area written notification of the public 
     availability of the report.
       (f) Designation or Modification of Partnership.--Congress 
     shall have the exclusive authority to designate or modify a 
     Partnership.
       (g) Existing Partnerships.--
       (1) Designation review.--Not later than 5 years after the 
     date of enactment of this Act, any partnership receiving 
     Federal funds as of the date of enactment of this Act shall 
     be subject to a designation review by Congress in which 
     Congress shall have the opportunity to designate the 
     partnership under subsection (f).
       (2) Ineligibility for federal funds.--A partnership 
     referred to in paragraph (1) that Congress does not designate 
     as described in that paragraph shall be ineligible to receive 
     Federal funds under this title.

     SEC. 205. FISH HABITAT CONSERVATION PROJECTS.

       (a) Submission to Board.--Not later than March 31 of each 
     year, each Partnership shall submit to the Board a list of 
     priority fish habitat conservation projects recommended by 
     the Partnership for annual funding under this title.
       (b) Recommendations by Board.--Not later than July 1 of 
     each year, the Board shall submit to the Secretary a priority 
     list of fish habitat conservation projects that includes a 
     description, including estimated costs, of each project that 
     the Board recommends that the Secretary approve and fund 
     under this title for the following fiscal year.

[[Page S5663]]

       (c) Criteria for Project Selection.--The Board shall select 
     each fish habitat conservation project recommended to the 
     Secretary under subsection (b) after taking into 
     consideration, at a minimum, the following information:
       (1) A recommendation of the Partnership that is, or will 
     be, participating actively in implementing the fish habitat 
     conservation project.
       (2) The capabilities and experience of project proponents 
     to implement successfully the proposed project.
       (3) The extent to which the fish habitat conservation 
     project--
       (A) fulfills a local or regional priority that is directly 
     linked to the strategic plan of the Partnership and is 
     consistent with the purpose of this title;
       (B) addresses the national priorities established by the 
     Board;
       (C) is supported by the findings of the habitat assessment 
     of the Partnership or the Board, and aligns or is compatible 
     with other conservation plans;
       (D) identifies appropriate monitoring and evaluation 
     measures and criteria that are compatible with national 
     measures;
       (E) provides a well-defined budget linked to deliverables 
     and outcomes;
       (F) leverages other funds to implement the project;
       (G) addresses the causes and processes behind the decline 
     of fish or fish habitats; and
       (H) includes an outreach or education component that 
     includes the local or regional community.
       (4) The availability of sufficient non-Federal funds to 
     match Federal contributions for the fish habitat conservation 
     project, as required by subsection (e).
       (5) The extent to which the fish habitat conservation 
     project--
       (A) will increase fish populations in a manner that leads 
     to recreational fishing opportunities for the public;
       (B) will be carried out through a cooperative agreement 
     among Federal, State, and local governments, Indian Tribes, 
     and private entities;
       (C) increases public access to land or water for fish and 
     wildlife-dependent recreational opportunities;
       (D) advances the conservation of fish and wildlife species 
     that have been identified by a State agency as species of 
     greatest conservation need;
       (E) where appropriate, advances the conservation of fish 
     and fish habitats under the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.) and 
     other relevant Federal law and State wildlife action plans; 
     and
       (F) promotes strong and healthy fish habitats so that 
     desired biological communities are able to persist and adapt.
       (6) The substantiality of the character and design of the 
     fish habitat conservation project.
       (d) Limitations.--
       (1) Requirements for evaluation.--No fish habitat 
     conservation project may be recommended by the Board under 
     subsection (b) or provided financial assistance under this 
     title unless the fish habitat conservation project includes 
     an evaluation plan designed using applicable Board guidance--
       (A) to appropriately assess the biological, ecological, or 
     other results of the habitat protection, restoration, or 
     enhancement activities carried out using the assistance;
       (B) to reflect appropriate changes to the fish habitat 
     conservation project if the assessment substantiates that the 
     fish habitat conservation project objectives are not being 
     met;
       (C) to identify improvements to existing fish populations, 
     recreational fishing opportunities, and the overall economic 
     benefits for the local community of the fish habitat 
     conservation project; and
       (D) to require the submission to the Board of a report 
     describing the findings of the assessment.
       (2) Acquisition authorities.--
       (A) In general.--A State, local government, or other non-
     Federal entity is eligible to receive funds for the 
     acquisition of real property from willing sellers under this 
     title if the acquisition ensures--
       (i) public access for fish and wildlife-dependent 
     recreation; or
       (ii) a scientifically based, direct enhancement to the 
     health of fish and fish populations, as determined by the 
     Board.
       (B) State agency approval.--
       (i) In general.--All real property interest acquisition 
     projects funded under this title must be approved by the 
     State agency in the State in which the project is occurring.
       (ii) Prohibition.--The Board may not recommend, and the 
     Secretary may not provide any funding for, any real property 
     interest acquisition that has not been approved by the State 
     agency.
       (C) Assessment of other authorities.--The Board may not 
     recommend, and the Secretary may not provide any funding 
     under this title for, any real property interest acquisition 
     unless the Partnership that recommended the project has 
     conducted a project assessment, submitted with the funding 
     request and approved by the Board, to demonstrate all other 
     Federal, State, and local authorities for the acquisition of 
     real property have been exhausted.
       (D) Restrictions.--A real property interest may not be 
     acquired pursuant to a fish habitat conservation project by a 
     State, local government, or other non-Federal entity 
     conducted with funds provided under this title, unless--
       (i) the owner of the real property authorizes the State, 
     local government, or other non-Federal entity to acquire the 
     real property; and
       (ii) the Secretary and the Board determine that the State, 
     local government, or other non-Federal entity would benefit 
     from undertaking the management of the real property being 
     acquired because that is in accordance with the goals of a 
     Partnership.
       (e) Non-Federal Contributions.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (4), no fish habitat conservation project may be recommended 
     by the Board under subsection (b) or provided financial 
     assistance under this title unless at least 50 percent of the 
     cost of the fish habitat conservation project will be funded 
     with non-Federal funds.
       (2) Non-federal share.--Such non-Federal share of the cost 
     of a fish habitat conservation project--
       (A) may not be derived from another Federal grant program; 
     and
       (B) may include in-kind contributions and cash.
       (3) Special rule for indian tribes.--Notwithstanding 
     paragraph (1) or any other provision of law, any funds made 
     available to an Indian Tribe pursuant to this title may be 
     considered to be non-Federal funds for the purpose of 
     paragraph (1).
       (4) Waiver authority.--The Secretary, in consultation with 
     the Secretary of Commerce with respect to marine or estuarine 
     projects, may waive the application of paragraph (2)(A) with 
     respect to a State or an Indian Tribe, or otherwise reduce 
     the portion of the non-Federal share of the cost of an 
     activity required to be paid by a State or an Indian Tribe 
     under paragraph (1), if the Secretary determines that the 
     State or Indian Tribe does not have sufficient funds not 
     derived from another Federal grant program to pay such non-
     Federal share, or portion of the non-Federal share, without 
     the use of loans.
       (f) Approval.--
       (1) In general.--Not later than 90 days after the date of 
     receipt of the recommended priority list of fish habitat 
     conservation projects under subsection (b), and subject to 
     subsection (d) and based, to the maximum extent practicable, 
     on the criteria described in subsection (c), the Secretary, 
     after consulting with the Secretary of Commerce on marine or 
     estuarine projects, shall approve or reject any fish habitat 
     conservation project recommended by the Board.
       (2) Funding.--If the Secretary approves a fish habitat 
     conservation project under paragraph (1), the Secretary shall 
     use amounts made available to carry out this title to provide 
     funds to carry out the fish habitat conservation project.
       (3) Notification.--If the Secretary rejects under paragraph 
     (1) any fish habitat conservation project recommended by the 
     Board, not later than 90 days after the date of receipt of 
     the recommendation, the Secretary shall provide to the Board, 
     the appropriate Partnership, and the appropriate 
     congressional committees a written statement of the reasons 
     that the Secretary rejected the fish habitat conservation 
     project.

     SEC. 206. TECHNICAL AND SCIENTIFIC ASSISTANCE.

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

     SEC. 207. COORDINATION WITH STATES AND INDIAN TRIBES.

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

[[Page S5664]]

  


     SEC. 208. INTERAGENCY OPERATIONAL PLAN.

       Not later than 1 year after the date of enactment of this 
     Act, and every 5 years thereafter, the Director, in 
     cooperation with the National Oceanic and Atmospheric 
     Administration Assistant Administrator, the Environmental 
     Protection Agency Assistant Administrator, the Director of 
     the United States Geological Survey, and the heads of other 
     appropriate Federal departments and agencies (including, at a 
     minimum, those agencies represented on the Board) shall 
     develop an interagency operational plan that describes--
       (1) the functional, operational, technical, scientific, and 
     general staff, administrative, and material needs for the 
     implementation of this title; and
       (2) any interagency agreements between or among Federal 
     departments and agencies to address those needs.

     SEC. 209. ACCOUNTABILITY AND REPORTING.

       (a) Reporting.--
       (1) In general.--Not later than 5 years after the date of 
     enactment of this Act, and every 5 years thereafter, the 
     Board shall submit to the appropriate congressional 
     committees a report describing the progress of this title.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include--
       (A) an estimate of the number of acres, stream miles, or 
     acre-feet, or other suitable measures of fish habitat, that 
     was maintained or improved by Partnerships under this title 
     during the 5-year period ending on the date of submission of 
     the report;
       (B) a description of the public access to fish habitats 
     established or improved under this title during that 5-year 
     period;
       (C) a description of the improved opportunities for public 
     recreational fishing achieved under this title; and
       (D) an assessment of the status of fish habitat 
     conservation projects carried out with funds provided under 
     this title during that period, disaggregated by year, 
     including--
       (i) a description of the fish habitat conservation projects 
     recommended by the Board under section 205(b);
       (ii) a description of each fish habitat conservation 
     project approved by the Secretary under section 205(f), in 
     order of priority for funding;
       (iii) a justification for--

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

       (iv) a justification for any rejection of a fish habitat 
     conservation project recommended by the Board under section 
     205(b) that was based on a factor other than the criteria 
     described in section 205(c); and
       (v) an accounting of expenditures by Federal, State, or 
     local governments, Indian Tribes, or other entities to carry 
     out fish habitat conservation projects under this title.
       (b) Status and Trends Report.--Not later than December 31, 
     2021, and every 5 years thereafter, the Board shall submit to 
     the appropriate congressional committees a report that 
     includes--
       (1) a status of all Partnerships designated under this 
     title;
       (2) a description of the status of fish habitats in the 
     United States as identified by designated Partnerships; and
       (3) enhancements or reductions in public access as a result 
     of--
       (A) the activities of the Partnerships; or
       (B) any other activities carried out pursuant to this 
     title.

     SEC. 210. EFFECT OF THIS TITLE.

       (a) Water Rights.--Nothing in this title--
       (1) establishes any express or implied reserved water right 
     in the United States for any purpose;
       (2) affects any water right in existence on the date of 
     enactment of this Act;
       (3) preempts or affects any State water law or interstate 
     compact governing water; or
       (4) affects any Federal or State law in existence on the 
     date of enactment of the Act regarding water quality or water 
     quantity.
       (b) Authority To Acquire Water Rights or Rights to 
     Property.--Only a State, local government, or other non-
     Federal entity may acquire, under State law, water rights or 
     rights to property with funds made available through section 
     212.
       (c) State Authority.--Nothing in this title--
       (1) affects the authority, jurisdiction, or responsibility 
     of a State to manage, control, or regulate fish and wildlife 
     under the laws and regulations of the State; or
       (2) authorizes the Secretary to control or regulate within 
     a State the fishing or hunting of fish and wildlife.
       (d) Effect on Indian Tribes.--Nothing in this title 
     abrogates, abridges, affects, modifies, supersedes, or alters 
     any right of an Indian Tribe recognized by treaty or any 
     other means, including--
       (1) an agreement between the Indian Tribe and the United 
     States;
       (2) Federal law (including regulations);
       (3) an Executive order; or
       (4) a judicial decree.
       (e) Adjudication of Water Rights.--Nothing in this title 
     diminishes or affects the ability of the Secretary to join an 
     adjudication of rights to the use of water pursuant to 
     subsection (a), (b), or (c) of section 208 of the Departments 
     of State, Justice, Commerce, and The Judiciary Appropriation 
     Act, 1953 (43 U.S.C. 666).
       (f) Department of Commerce Authority.--Nothing in this 
     title affects the authority, jurisdiction, or responsibility 
     of the Department of Commerce to manage, control, or regulate 
     fish or fish habitats under the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.).
       (g) Effect on Other Authorities.--
       (1) Private property protection.--Nothing in this title 
     permits the use of funds made available to carry out this 
     title to acquire real property or a real property interest 
     without the written consent of each owner of the real 
     property or real property interest, respectively.
       (2) Mitigation.--Nothing in this title authorizes the use 
     of funds made available to carry out this title for fish and 
     wildlife mitigation purposes under--
       (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (B) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
     et seq.);
       (C) the Water Resources Development Act of 1986 (Public Law 
     99-662; 100 Stat. 4082); or
       (D) any other Federal law or court settlement.
       (3) Clean water act.--Nothing in this title affects any 
     provision of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.), including any definition in that Act.

     SEC. 211. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

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

     SEC. 212. FUNDING.

       (a) Authorization of Appropriations.--
       (1) Fish habitat conservation projects.--There is 
     authorized to be appropriated to the Secretary $7,200,000 for 
     each of fiscal years 2021 through 2025 to provide funds for 
     fish habitat conservation projects approved under section 
     205(f), of which 5 percent is authorized only for projects 
     carried out by Indian Tribes.
       (2) Administrative and planning expenses.--There is 
     authorized to be appropriated to the Secretary for each of 
     fiscal years 2021 through 2025 an amount equal to 5 percent 
     of the amount appropriated for the applicable fiscal year 
     pursuant to paragraph (1)--
       (A) for administrative and planning expenses under this 
     title; and
       (B) to carry out section 209.
       (3) Technical and scientific assistance.--There is 
     authorized to be appropriated for each of fiscal years 2021 
     through 2025 to carry out, and provide technical and 
     scientific assistance under, section 206--
       (A) $400,000 to the Secretary for use by the United States 
     Fish and Wildlife Service;
       (B) $400,000 to the National Oceanic and Atmospheric 
     Administration Assistant Administrator for use by the 
     National Oceanic and Atmospheric Administration;
       (C) $400,000 to the Environmental Protection Agency 
     Assistant Administrator for use by the Environmental 
     Protection Agency;
       (D) $400,000 to the Secretary for use by the United States 
     Geological Survey; and
       (E) $400,000 to the Secretary of Agriculture, acting 
     through the Chief of the Forest Service, for use by the 
     Forest Service.
       (b) Agreements and Grants.--The Secretary may--
       (1) on the recommendation of the Board, and notwithstanding 
     sections 6304 and 6305 of title 31, United States Code, and 
     the Federal Financial Assistance Management Improvement Act 
     of 1999 (31 U.S.C. 6101 note; Public Law 106-107), enter into 
     a grant agreement, cooperative agreement, or contract with a 
     Partnership or other entity to provide funds authorized by 
     this title for a fish habitat conservation project or 
     restoration or enhancement project;
       (2) apply for, accept, and, subject to the availability of 
     appropriations, use a grant from any individual or entity to 
     carry out the purposes of this title; and
       (3) subject to the availability of appropriations, make 
     funds authorized by this Act available to any Federal 
     department or agency for use by that department or agency to 
     provide grants for any fish habitat protection project, 
     restoration project, or enhancement project that the 
     Secretary determines to be consistent with this title.
       (c) Donations.--
       (1) In general.--The Secretary may--
       (A) enter into an agreement with any organization described 
     in section 501(c)(3) of the Internal Revenue Code of 1986 
     that is exempt from taxation under section 501(a) of that 
     Code to solicit private donations to carry out the purposes 
     of this title; and
       (B) accept donations of funds, property, and services to 
     carry out the purposes of this title.
       (2) Treatment.--A donation accepted under this title--
       (A) shall be considered to be a gift or bequest to, or 
     otherwise for the use of, the United States; and
       (B) may be--
       (i) used directly by the Secretary; or
       (ii) provided to another Federal department or agency 
     through an interagency agreement.

     SEC. 213. PROHIBITION AGAINST IMPLEMENTATION OF REGULATORY 
                   AUTHORITY BY FEDERAL AGENCIES THROUGH 
                   PARTNERSHIPS.

       Any Partnership designated under this title--
       (1) shall be for the sole purpose of promoting fish 
     conservation; and
       (2) shall not be used to implement any regulatory authority 
     of any Federal agency.

[[Page S5665]]

  


                        TITLE III--MISCELLANEOUS

     SEC. 301. STUDY TO REVIEW CONSERVATION FACTORS.

       (a) Definition of Secretaries.--In this section, the term 
     ``Secretaries'' means--
       (1) the Secretary of Agriculture;
       (2) the Secretary of Commerce, acting through the Assistant 
     Administrator of the National Marine Fisheries Service; and
       (3) the Secretary of the Interior, acting through the 
     Director of the United States Fish and Wildlife Service.
       (b) Study.--To assess factors affecting successful 
     conservation activities under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.), the Secretaries shall carry 
     out a study--
       (1)(A) to review any factors that threaten or endanger a 
     species, such as wildlife disease, for which a listing under 
     the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
     would not contribute to the conservation of the species; and
       (B) to identify additional conservation measures that can 
     be taken to protect and conserve a species described in 
     subparagraph (A);
       (2) to review any barriers to--
       (A) the delivery of Federal, State, local, or private funds 
     for such conservation activities, including statutory or 
     regulatory impediments, staffing needs, and other relevant 
     considerations; or
       (B) the implementation of conservation agreements, plans, 
     or other cooperative agreements, including agreements focused 
     on voluntary activities, multispecies efforts, and other 
     relevant considerations;
       (3) to review factors that impact the ability of the 
     Federal Government to successfully implement the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.);
       (4) to develop recommendations regarding methods to address 
     barriers identified under paragraph (2), if any;
       (5) to review determinations under the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.) in which a species is 
     determined to be recovered by the Secretary of the Interior, 
     acting through the Director of the United States Fish and 
     Wildlife Service, or the Secretary of Commerce, acting 
     through the Assistant Administrator of the National Marine 
     Fisheries Service, but remains listed under that Act, 
     including--
       (A) an explanation of the factors preventing a delisting or 
     downlisting of the species; and
       (B) recommendations regarding methods to address the 
     factors described in subparagraph (A); and
       (6) to review any determinations under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.) in which a 
     species has been identified as needing listing or uplisting 
     under that Act but remains unlisted or listed as a threatened 
     species, respectively, including--
       (A) an explanation of the factors preventing a listing or 
     uplisting of the species; and
       (B) recommendations regarding methods to address the 
     factors described in subparagraph (A).
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretaries shall submit to the 
     Committees on Appropriations and Environment and Public Works 
     of the Senate and the Committees on Appropriations and 
     Natural Resources of the House of Representatives and make 
     publicly available a report describing the results of the 
     study under subsection (b).

     SEC. 302. STUDY AND REPORT ON EXPENDITURES.

       (a) Reports on Expenditures.--
       (1) Federal departments and agencies.--
       (A) In general.--At the determination of the Comptroller 
     General of the United States (referred to in this section as 
     the ``Comptroller General''), to facilitate the preparation 
     of the reports from the Comptroller General under paragraph 
     (2), the head of each Federal department and agency shall 
     submit to the Comptroller General data and other relevant 
     information that describes the amounts expended or disbursed 
     (including through loans, loan guarantees, grants, or any 
     other financing mechanism) by the department or agency as a 
     direct result of any provision of the Endangered Species Act 
     of 1973 (16 U.S.C. 1531 et seq.) (including any regulation 
     promulgated pursuant to that Act) during--
       (i) with respect to the first report under paragraph (2), 
     the 3 fiscal years preceding the date of submission of the 
     report; and
       (ii) with respect to the second report under paragraph (2), 
     the 2 fiscal years preceding the date of submission of the 
     report.
       (B) Requirements.--Data and other relevant information 
     submitted under subparagraph (A) shall describe, with respect 
     to the applicable amounts--
       (i) the programmatic office of the department or agency on 
     behalf of which each amount was expended or disbursed;
       (ii) the provision of the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.) (or regulation promulgated pursuant 
     to that Act) pursuant to which each amount was expended or 
     disbursed; and
       (iii) the project or activity carried out using each 
     amount, in detail sufficient to reflect the breadth, scope, 
     and purpose of the project or activity.
       (2) Comptroller general.--Not later than 2 years and 4 
     years after the date of enactment of this Act, the 
     Comptroller General shall submit to the Committees on 
     Appropriations, Commerce, Science, and Transportation, and 
     Environment and Public Works of the Senate and the Committee 
     on Appropriations and Natural Resources of the House of 
     Representatives a report that describes--
       (A) the aggregate amount expended or disbursed by all 
     Federal departments and agencies as a direct result of any 
     provision of the Endangered Species Act of 1973 (16 U.S.C. 
     1531 et seq.) (including any regulation promulgated pursuant 
     to that Act) during--
       (i) with respect to the first report, the 3 fiscal years 
     preceding the date of submission of the report; and
       (ii) with respect to the second report, the 2 fiscal years 
     preceding the date of submission of the report;
       (B) the provision of the Endangered Species Act of 1973 (16 
     U.S.C. 1531 et seq.) (or regulation promulgated pursuant to 
     that Act) pursuant to which each such amount was expended or 
     disbursed; and
       (C) with respect to each relevant department or agency--
       (i) the total amount expended or disbursed by the 
     department or agency as described in subparagraph (A); and
       (ii) the information described in clauses (i) through (iii) 
     of paragraph (1)(B).
       (b) Report on Conservation Activities.--
       (1) Federal departments and agencies.--At the determination 
     of the Comptroller General, to facilitate the preparation of 
     the report under paragraph (2), the head of each Federal 
     department and agency shall submit to the Comptroller General 
     data and other relevant information that describes the 
     conservation activities by the Federal department or agency 
     as a direct result of any provision of the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.) (including any 
     regulation promulgated pursuant to that Act) during--
       (A) with respect to the first report under paragraph (2), 
     the 3 fiscal years preceding the date of submission of the 
     report; and
       (B) with respect to the second report under paragraph (2), 
     the 2 fiscal years preceding the date of submission of the 
     report.
       (2) Comptroller general.--Not later than 2 years and 4 
     years after the date of enactment of this Act, the 
     Comptroller General shall submit to the Committees on 
     Commerce, Science, and Transportation and Environment and 
     Public Works of the Senate and the Committee on Natural 
     Resources of the House of Representatives a report that--
       (A) describes the conservation activities by all Federal 
     departments and agencies for species listed as a threatened 
     species or endangered species under the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.), as reported under 
     paragraph (1), during--
       (i) with respect to the first report, the 3 fiscal years 
     preceding the date of submission of the report; and
       (ii) with respect to the second report, the 2 fiscal years 
     preceding the date of submission of the report;
       (B) is organized into categories with respect to whether a 
     recovery plan for a species has been established;
       (C) includes conservation outcomes associated with the 
     conservation activities; and
       (D) as applicable, describes the conservation activities 
     that required interaction between Federal agencies and 
     between Federal agencies and State and Tribal agencies and 
     units of local government pursuant to the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.).

     SEC. 303. USE OF VALUE OF LAND FOR COST SHARING.

       The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 
     669 et seq.) is amended--
       (1) by redesignating section 13 as section 14; and
       (2) by inserting after section 12 the following:

     ``SEC. 13. VALUE OF LAND.

       ``Notwithstanding any other provision of law, any 
     institution eligible to receive Federal funds under the 
     Agricultural Research, Extension, and Education Reform Act of 
     1998 (7 U.S.C. 7601 et seq.) shall be allowed to use the 
     value of any land owned by the institution as an in-kind 
     match to satisfy any cost sharing requirement under this 
     Act.''.

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