[Congressional Record Volume 170, Number 80 (Wednesday, May 8, 2024)]
[Senate]
[Pages S3626-S3627]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     AMERICA'S CONSERVATION ENHANCEMENT REAUTHORIZATION ACT OF 2024

  Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 343, S. 3791.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 3791) to reauthorize the America's Conservation 
     Enhancement Act, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Environment and Public 
Works, with an amendment to strike out all after the enacting clause 
and insert in lieu thereof the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``America's 
     Conservation Enhancement Reauthorization Act of 2024''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

         TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION

Sec. 101. Losses of livestock due to depredation by federally protected 
              species.
Sec. 102. Black vulture livestock protection program.
Sec. 103. Chronic Wasting Disease Task Force.
Sec. 104. Protection of water, oceans, coasts, and wildlife from 
              invasive species.
Sec. 105. North American Wetlands Conservation Act.
Sec. 106. National Fish and Wildlife Foundation Establishment Act.
Sec. 107. Modification of definition of sport fishing equipment under 
              TSCA.
Sec. 108. Chesapeake Bay Program.
Sec. 109. Chesapeake Bay Initiative Act of 1998.
Sec. 110. Chesapeake Watershed Investments for Landscape Defense.

   TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS

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

         TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION

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

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

     SEC. 102. BLACK VULTURE LIVESTOCK PROTECTION PROGRAM.

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

     SEC. 103. CHRONIC WASTING DISEASE TASK FORCE.

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

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

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

     SEC. 105. NORTH AMERICAN WETLANDS CONSERVATION ACT.

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

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

       Section 10 of the National Fish and Wildlife Foundation 
     Establishment Act (16 U.S.C. 3709) is amended--
       (1) in subsection (a)(1), in the matter preceding 
     subparagraph (A), by striking ``2025'' and inserting 
     ``2030''; and

[[Page S3627]]

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

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

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

     SEC. 108. CHESAPEAKE BAY PROGRAM.

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

     SEC. 109. CHESAPEAKE BAY INITIATIVE ACT OF 1998.

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

     SEC. 110. CHESAPEAKE WATERSHED INVESTMENTS FOR LANDSCAPE 
                   DEFENSE.

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

   TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS

     SEC. 201. NATIONAL FISH HABITAT BOARD.

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

     SEC. 202. FISH HABITAT PARTNERSHIPS.

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

     SEC. 203. FISH HABITAT CONSERVATION PROJECTS.

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

     SEC. 204. TECHNICAL AND SCIENTIFIC ASSISTANCE.

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

     SEC. 205. ACCOUNTABILITY AND REPORTING.

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

     SEC. 206. FUNDING.

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

     SEC. 207. TECHNICAL CORRECTION.

       Section 211 of the America's Conservation Enhancement Act 
     (16 U.S.C. 8211) is amended, in the matter preceding 
     paragraph (1), by striking ``The Federal Advisory Committee 
     Act (5 U.S.C. App.)'' and inserting ``Chapter 10 of title 5, 
     United States Code (commonly known as the `Federal Advisory 
     Committee Act'),''.
  Mr. SCHUMER. I further ask that the committee-reported substitute 
amendment be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  Mr. SCHUMER. I ask that the bill be considered read a third time.
  The bill, as amended, was ordered to be engrossed for a third reading 
and was read the third time.
  Mr. SCHUMER. I know of no further debate on the bill, as amended.
  The PRESIDING OFFICER. Is there further debate on the bill?
  Hearing none, the bill having been read the third time, the question 
is, Shall the bill pass?
  The bill (S. 3791), as amended, was passed.

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