[Senate Report 115-168]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 237
115th Congress    }                                      {      Report
                                 SENATE
 1st Session      }                                      {     115-168

======================================================================



 
THE HUNTING HERITAGE AND ENVIRONMENTAL LEGACY PRESERVATION FOR WILDLIFE 
                                  ACT

                                _______
                                

                October 5, 2017.--Ordered to be printed

                                _______
                                

   Mr. Barrasso, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                             together with

                     ADDITIONAL AND MINORITY VIEWS

                         [To accompany S. 1514]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 1514) to amend certain Acts to 
reauthorize those Acts and to increase protections for 
wildlife, and for other purposes, having considered the same, 
reports favorably thereon with an amendment in the nature of a 
substitute and recommends that the bill, as amended, do pass.

                    General Statement and Background

    The Hunting Heritage and Environmental Preservation for 
Wildlife Act is a comprehensive conservation bill. It promotes 
common sense environmental regulation and enhanced recreational 
hunting and sport fishing activities as important components 
for sustaining wildlife and wildlife habitat. Recreational 
activities associated with the great outdoors generate hundreds 
of billions of dollars annually for the nation's economy while 
simultaneously creating millions of jobs and substantial 
federal and state tax revenues. Further, sportsmen and women 
across the United States rank among the most avid 
environmentalists, contributing billions of dollars towards 
conservation efforts in the form of licensing fees, taxes, and 
voluntary contributions.

Pittman-Robertson conservation grants for shooting ranges

    Under the Pittman-Robertson Act, excise taxes are collected 
on sporting equipment and ammunition. These revenues can be 
used to develop and maintain public shooting ranges, as well as 
provide wildlife conservation funding. The Committee received 
testimony that because of Pittman-Robertson excise tax 
payments, sportsmen and associated manufacturers are the 
largest financial supporters of wildlife conservation 
throughout the United States. Such groups have contributed more 
than $12 billion to habitat conservation, recreational 
shooting, and wildlife management since the start of the 
program.
    Despite such contributions and the growing popularity of 
recreational shooting, Pittman-Robertson funds have not always 
been used in a manner that encourages such opportunities. 
Public shooting ranges also provide hunter education 
opportunities, including safety training. If anything, there is 
a shortage of money and support for the building and expansion 
of public target ranges on national forest and Bureau of Land 
Management lands. Conversely, providing states with increased 
flexibility in the use of Pittman-Robertson funds for projects 
would increase opportunities for the country's growing 
population to embrace treasured public lands and their 2nd 
Amendment rights.

Treatment of normal agricultural activities under the Migratory Bird 
        Treaty Act

    Under the Migratory Bird Treaty Act (MBTA) the hunting of 
migrating birds by aid of baiting or on or over any baited area 
can result in fines up to $15,000. This jeopardy stems in large 
part from the fact that the statute, which prohibits the 
hunting of migratory birds over bait and baited areas, does not 
define the terms ``baiting'' or ``baited area.'' Corresponding 
regulations are also unclear regarding whether some normal 
agricultural practices that might leave crop residues in a 
field are considered to be ``baiting'' and thus prohibit 
hunting over these fields. Thus, many stakeholders following 
U.S. Department of Agriculture and state direction regarding 
what constitutes ``normal agricultural practices'' face 
potential liability over illegal baiting as a result of their 
normal practices. These necessary agricultural practices often 
result in excellent waterfowl habitat that can be used to 
generate substantial economic revenue through hunting. To 
alleviate this confusion, testimony received by the committee 
favored changes to the law to clarify the definition of normal 
agricultural practices. Testimony submitted to the committee 
suggests such clarification would lead to increased profits 
from hunting leases and enhanced agricultural production.

North American Wetlands Conservation Act

    The North American Wetlands Conservation Act (NAWCA) is a 
program that provides grants to organizations and individuals 
who have developed partnerships to carry out wetlands 
conservation projects in the United States, Canada, and Mexico 
for the benefit of wetlands-associated migratory birds and 
other wildlife. According to testimony received by the 
Committee, while original wetlands across the United States are 
disappearing at an alarming rate, NAWCA has led to significant 
economic and natural benefits because of its conservation of 
33.4 million acres of wetlands across North America. Testimony 
also described the fiscally responsible nature of the program, 
as each federal dollar invested is matched by an average of 
$3.20 from non-federal partners. The authorization of 
appropriations for this Act expired in 2012.

National Fish and Wildlife Foundation

    Congress created the National Fish and Wildlife Foundation 
(NFWF) in 1984 to bridge the public and private sector to 
protect and restore the country's fish, wildlife, and plant 
habitats. NFWF is an independent 501(c)(3) nonprofit 
organization. Its Board of Directors is made up of 30 members 
who are appointed by the Secretary of the Interior. It supports 
programs in all 50 states and U.S. territories. The 
authorization of appropriations for the National Fish and 
Wildlife Foundation Establishment Act expired in 2010.

Neotropical Migratory Bird Conservation Act

    The Neotropical Migratory Bird Treaty Act (the Act) 
provides grants to support conservation of the migratory bird 
population and fosters international cooperation for 
initiatives that will perpetuate healthy bird populations. 
Since 2002, the Act has provided more than $58.5 million in 
grants to support 510 projects in 36 countries. The law 
originally enacted in 2000 authorized $5 million per year. This 
language would extend authorization of $6.5 million per year 
for five fiscal years. Additionally, a minimum of 75 percent of 
the funds must be used for projects outside the United States. 
The authorization of appropriations for this Act expired in 
2010.

Gray wolves

    On December 28, 2011, the U.S. Fish and Wildlife Service 
finalized a rule to remove the gray wolf in the Western Great 
Lakes (including Michigan, Minnesota, and Wisconsin) from the 
federal list of threatened or endangered species. However, on 
December 18, 2014, a federal judge overruled this decision, 
restoring federal protection for the species in that 
geographical area. The United States Court of Appeals for the 
District of Columbia Circuit affirmed this decision on August 
1, 2017.
    According to testimony received by the Committee, the gray 
wolf populations in Michigan, Minnesota, and Wisconsin have 
``clearly recovered, exceeding their original recovery targets 
by approximately ten times.'' According to USFWS estimates, 
there are over 600 wolves in Michigan, 850 in Wisconsin, and 
2,000 in Minnesota. Testimony before this Committee further 
stated that, due to a combination of the history of the species 
and the ambiguity surrounding the Endangered Species Act 
(``ESA''), it is unlikely USFWS would be able to successfully 
remove gray wolves in the Western Great Lakes from the list 
absent intervention by Congress.
    On August 31, 2012, USFWS announced its intention to 
publish a final rule removing gray wolves in Wyoming from the 
federal list of threatened or endangered species. Beginning on 
September 30, 2012, wolves in Wyoming were managed by the state 
under an approved management plan. However, on September 23, 
2014, a federal judge overruled USFWS's decision, restoring 
federal protection for the species in Wyoming.
    On March 3, 2017, the U.S. Court of Appeals for the 
District of Columbia upheld the USFWS's 2012 rule delisting the 
gray wolf in Wyoming in Defenders of Wildlife v. Zinke. The 
Court subsequently issued a mandate that culminated in the 
USFWS reinstating the 2012 rule on May 1, 2017. Nevertheless, 
while state management of the gray wolf has been reestablished 
in the state, the possibility of overturning the May 1, 2017, 
rule (as has happened on prior occasions) remains a possibility 
unless new law is enacted prohibiting further judicial review.

TSCA regulation of sport fishing equipment

    In 2010 and 2012, some groups concerned about the health 
impacts of lead in the environment unsuccessfully sought to 
have the Obama administration's Environmental Protection Agency 
regulate recreational fishing tackle under the Toxic Substances 
Control Act (TSCA). The Committee received testimony related to 
these concerns, including questions about the science 
underpinning these claims and the potential economic impacts of 
banning lead from fishing tackle.
    Specifically, the Committee received testimony from 
sportsmen's organizations that regulating tackle under TSCA 
would likely result in significant increases in higher fishing 
tackle prices for sportsmen due to the considerably higher raw 
materials and manufacturing costs associated with lead 
alternatives. The impact of these price increases, according to 
this testimony, would not only result in fewer recreational 
anglers, but also lead to significant job losses in the 
manufacturing sector of the U.S. economy.

The Chesapeake Bay Program

    The Chesapeake Bay (the Bay) is the United States' largest 
estuary and the first such identified for protection and 
restoration. It encompasses six states and the District of 
Columbia, spans over 64,000 square miles, includes 3,600 
species of plants and animals, and provides sustenance and 
recreation for millions of Americans. According to testimony, 
the estuary has recently undergone noteworthy ecological 
recovery in the wake of many years of degradation.
    The Chesapeake Bay Program is a regional partnership 
dedicated to the Bay's restoration since 1983. Partners 
collaborating under the program to restore its health include 
federal and state agencies, local governments, nonprofit 
organizations and education institutions. The authorization of 
appropriations for this program expired in 2005.

The Chesapeake Bay Gateways and Watertrails Program

    The Chesapeake Bay Gateways and Watertrails Program is 
comprised of two main components. The Chesapeake Bay Gateways 
and Watertrails Network consists of 170 sites dispersed 
throughout Virginia, Maryland, Delaware, Pennsylvania and 
Washington, D.C. The goal of these sites, which consist of a 
mixture of historic communities, museums, parks, and refuges, 
are to foster greater Bay-area appreciation. In addition, 
state, community, and other nongovernmental entities are able 
to get technical and financial assistance through the 
Chesapeake Bay Gateways Grants Assistance Program. The goal of 
these grants is to increase access to the Bay and its 
surrounding areas. The authorization of appropriations for 
these programs expires at the end of fiscal year 2017.

Fish Habitat Conservation

    The National Fish Habitat Partnership is a program to 
conserve the nation's fish and aquatic communities through 
partnerships that foster fish habitat conservation. It was 
modeled after the success of NAWCA. It supports existing fish 
habitat partnerships and works to foster new efforts. 
Additionally, it is focused on setting national goals to 
improve aquatic systems and reverse the decline of healthy fish 
habitats. According to testimony received by the Committee, the 
Partnership has conserved millions of miles of coastal and 
riparian ecosystems and its $63 million in federal funding has 
led to $102 million in matching funds from a combination of 
state and local governments, private landowners, and other 
stakeholders.

Importation of polar bear trophies legally harvested before May 15, 
        2008

    The Marine Mammal Protection Act (MMPA) was enacted in 1972 
to prohibit, with certain exceptions, the ``take'' of marine 
mammals in U.S. waters and by U.S. citizens on the high seas, 
and the importation of marine mammals and marine mammal 
products into the U.S. MMPA protection extends to all marine 
mammals. One exception to the MMPA provides that the Secretary 
of the Interior may issue a permit for the importation of 
legally harvested polar bears taken in sport hunts in Canada 
(16 U.S.C. 1374(5)(a)).
    However, on May 15, 2008, the United States Fish and 
Wildlife Service (USFWS) listed the polar bear as 
``threatened'' under the Endangered Species Act (ESA). Under 
Section 9 ``Prohibited Act'', the USFWS prohibits the 
importation of any such species into the United States (16 
U.S.C. 1538 (a)(1)(b)). Thus, any polar bear trophies that were 
legally harvested before May 15, 2008, but not imported into 
the United States, were not granted import permits. USFWS 
estimates 41 polar bears were legally harvested from approved 
populations in Canada before the polar bear was listed as 
threatened under the ESA. The Committee recognizes that the 
permitting process for sport hunts in another country can take 
a significant amount of time to complete. It also recognizes 
that polar bears were legally taken in Canada, for which the 
permitting process began before the USFWS considered the polar 
bear for listing.

Land-grant institutions and Pittman-Robertson

    Pittman-Robertson funds can be used to benefit wildlife 
resources and to provide opportunities for hunter education. 
However, USFWS has determined that land previously purchased by 
land-grant institutions with federal dollars, or donated to 
them by the federal government, is ineligible to be used to 
fulfill the grant matching requirements of Pittman-Robertson 
because of its previous federal status.

The Great Lakes Basin

    The Great Lakes, consisting of Lake Superior, Lake Huron, 
Lake Michigan, Lake Ontario, and Lake Erie comprise the largest 
body of fresh water on the planet, with a surface area of 
94,000 square miles. In addition, the basin is home to around 
30 million Americans--about 10 percent of the U.S. population. 
According to the National Oceanic and Atmospheric 
Administration (NOAA), 1.5 million jobs are associated with the 
Great Lakes, along with $62 billion in wages. It is home to 
approximately 3,500 different species of plants and animals.
    These lakes support a diverse ecosystem upon which the 
region's fisheries industry depends. Currently, appropriations 
made to the U.S. Geological Survey under a variety of disparate 
statutory authorities fund research to support these fisheries. 
This disparate approach has challenged the region and prevented 
investments in the science and technology needed for sound and 
reliable fishery research that is needed in turn to support 
recreational sport fishing, commercial fisheries, tribal 
harvests, allocations decisions, and fish stocking activities.

                     Objectives of the Legislation

    The HELP for Wildlife Act contains a number of provisions 
that will extend programs vital to conservation efforts, 
correct inconsistencies in the law, and increase access to 
hunting and fishing.

                      Section-by-Section Analysis


Section 1. Short title

    This Act may be cited as the ``Hunting Heritage and 
Environmental Legacy Preservation for Wildlife Act'' or ``HELP 
for Wildlife Act.''

Section 2. Target practice and marksmanship

    Subsection (a) states that the purpose of this section is 
to facilitate the construction and expansion of public target 
ranges, including on Forest Service and Bureau of Land 
Management lands.
    Subsection (b) defines the term ``public target range'' as 
a specific location that is identified by a governmental agency 
for recreational shooting, is open to the public, may be 
supervised, and may accommodate archery or rifle, pistol, or 
shotgun shooting.
    Subsection (c) amends the Pittman-Robertson Wildlife 
Restoration Act to provide 5 years for obligation of funds, 
allowing projects to be funded over multiple budget cycles; to 
allow a state to pay up to 90 percent of the costs of acquiring 
land for, expanding, or constructing public target ranges (the 
current maximum is 75 percent); and to increase the federal 
cost-share for public ranges to up to 90 percent.
    Subsection (d) states that it is the sense of Congress that 
federal land agencies should cooperate with state and local 
governments to maintain shooting ranges.

Section 3. Baiting of migratory game birds

    This section amends the Migratory Bird Treaty Act by 
defining the terms ``baited area,'' ``baiting,'' and ``normal 
agricultural practices'' to ensure that practices carried out 
to produce a marketable crop that are recommended by the 
applicable state office of the U.S. Department of Agriculture's 
Cooperative Extension System, and, if requested, with the 
concurrence of the head of the applicable state fish and 
wildlife department, are not considered baiting under the Act.

Section 4. North American Wetlands Conservation Act

    This section reauthorizes the North American Wetlands 
Conservation Act at $50 million per year for fiscal years 2018 
through 2022, and clarifies that property conveyed under this 
Act be maintained for conservation purposes.

Section 5. National Fish and Wildlife Foundation Establishment Act

    This section requires the Secretary of the Interior, in 
consultation with the Secretary of Commerce and considering 
recommendations submitted by the Board of the National Fish and 
Wildlife Foundation (Foundation), to appoint 28 Directors for 
the Foundation to six-year terms. The Directors are to be 
knowledgeable in the conservation of fish, wildlife, or other 
natural resources, and represent a balance of expertise in 
ocean, coastal, freshwater, and terrestrial resource 
conservation. It also reauthorizes appropriations for the 
Foundation at $25 million per year for fiscal years 2018 
through 2022.

Section 6. Reauthorization of Neotropical Migratory Bird Conservation 
        Act

    This section reauthorizes the Neotropical Migratory Bird 
Conservation Act at $6.5 million per year for fiscal years 2018 
through 2022.

Section 7. Reissuance of final rule regarding gray wolves in Western 
        Great Lakes

    This section requires the Secretary of the Interior to 
reissue the final rule published on December 28, 2011, which 
would de-list the gray wolf in the Western Great Lakes from the 
Endangered Species Act. The reissuance is not subject to 
judicial review.

Section 8. Reissuance of final rule regarding gray wolves in Wyoming

    This section states that the final rule published on 
September 10, 2012 (77 Fed. Reg. 55530) that was reinstated on 
March 3, 2017, by the decision of the U.S. Court of Appeals for 
the District of Columbia (No. 14-5300) and further republished 
on May 1, 2017 (82 Fed. Reg. 20284) that reinstates the removal 
of federal protections for the gray wolf in Wyoming under the 
Endangered Species Act of 1973, as amended, shall not be 
subject to judicial review.

Section 9. Modification of definition of sport fishing equipment under 
        Toxic Substances Control Act

    This section would make permanent the appropriations 
language that bans the Environmental Protection Agency from 
regulating sport fishing equipment (as such term is defined in 
section 4162(a) of the Internal Revenue Code of 1986) under the 
Toxic Substances Control Act.

Section 10. Reauthorization of the Chesapeake Bay Program

    This section reauthorizes appropriations for the Chesapeake 
Bay Program at $90 million per year for fiscal years 2018 
through 2022.

Section 11. Reauthorization of the Chesapeake Bay Initiative Act of 
        1998

    This section reauthorizes appropriations of $3 million for 
the Chesapeake Bay Gateways and Watertrails Network and the 
Chesapeake Bay Gateways Grants Assistance Program for each 
fiscal year through 2023.

Section 12. National fish habitat conservation through partnerships

    Subsection (a) states that the purpose is to encourage 
partnerships among public agencies and other interested parties 
to promote fish conservation.
    Subsection (b) provides definitions of several terms used 
in the Act.
    Subsection (c) establishes the National Fish Habitat Board 
to oversee and promote the implementation of the Act, to 
establish national goals and priorities, to recommend 
partnerships for Congressional designation, and to review and 
recommend aquatic habitat projects.
    Subsection (d) establishes procedures for recommending Fish 
Habitat Partnerships for Congressional designation and outlines 
criteria for such a recommendation. It also requires that 
within five years of the HELP for Wildlife Act's enactment that 
any Fish Habitat Partnership existing at the time of enactment 
that is receiving federal funds be subject to a Congressional 
designation review. Those Fish Habitat Partnerships existing at 
the time of enactment that do not receive Congressional 
designation within the five-year period will be ineligible for 
federal funds.
    Subsection (e) establishes procedures for consideration of 
fish habitat projects by the Board and criteria for the Board 
to use in evaluating and recommending projects for funding to 
the Secretaries of Interior and Commerce. The non-federal share 
of the cost of a fish habitat conservation project may not be 
derived from another federal grant program. Therefore, only 
state, local, or other non-federal entities may contribute to 
the non-Federal cost share.
    Subsection (f) authorizes technical and scientific 
assistance from the Director of the USFWS, Assistant 
Administrator for Fisheries of the National Oceanic and 
Atmospheric Administration and Director of the United States 
Geological Survey, to provide technical and scientific 
assistance to the Fish Habitat Partnerships.
    Subsection (g) provides that the Secretary of the Interior 
shall provide a notice to the appropriate State or tribal 
agency within which an activity is planned to be carried out 
pursuant with this Act no later than 30 days before the planned 
activity is implemented.
    Subsection (h) requires the Director, in cooperation with 
other agencies, to develop an interagency operational plan.
    Subsection (i) requires the Board to submit reports to 
appropriate Congressional committees on the implementation of 
this section. This subsection also requires the Board to submit 
to the appropriate Congressional committees a report describing 
the status of aquatic habitats in the United States by December 
31, 2018, and each five years thereafter.
    Subsection (j) states that nothing in this Act establishes 
a water right in the United States, affects any water right in 
existence, or affects state water law. This section further 
clarifies that nothing in the Act affects state rights to 
manage wildlife and fish, affects tribal rights, affects 
existing federal authorities for land or water acquisition, or 
enables the use of funds provided by the Act to acquire real 
property without the consent of the property owner. This 
section also states that nothing in this Act allows the use of 
funds for fish and wildlife mitigation under existing federal 
laws and court settlements.
    Subsection (k) exempts the Board and Partnership from the 
Federal Advisory Committee Act.
    Subsection (l) authorizes $7.2 million per year for fiscal 
years 2018 through 2022 for the Secretary of the Interior to 
provide funds for approved fish habitat conservation projects, 
of which five percent shall be made available for each fiscal 
year for projects carried out by Indian tribes. This section 
authorizes five percent of the funds be used for administrative 
expenses and authorizes the Secretary to transfer $500,000 to 
each of USFWS, NOAA, EPA and the U.S. Geological Survey for 
technical and scientific assistance.
    Subsection (m) prohibits a Partnership established under 
this section from being used to implement any regulatory 
authority of any federal agency.

Section 13. Permits for importation of polar bear trophies taken in 
        sports hunts in Canada

    This section amends the Marine Mammal Protection Act to 
require the Secretary of the Interior to issue import permits 
for polar bear trophies legally taken in a sport hunt in 
Canada, as long as the individual seeking the permit submits 
proper documentation, including documentation that the trophy 
was taken before May 15, 2008. Under this section, the 41 
legally harvested polar bears taken prior to the species' 
``threatened'' listing that remain in Canada will be granted 
permits for importation if proper documentation is provided.

Section 14. Great Lakes monitoring, assessment, science, and research

    This section authorizes $15 million per year for fiscal 
years 2018 through 2022 for the USGS to conduct critical 
monitoring, scientific assessments, and research to support 
fisheries within the Great Lakes Basin. This authorization 
allows USGS to seek funding for these activities under a single 
legislative authority, instead of relying on multiple 
authorities, and places an authorization ceiling on these 
activities.

Section 15. Use of value of land for cost sharing

    This section permits land-grant institutions to satisfy 
their matching portion under Pittman-Robertson with the value 
of any land they own as an in-kind match, regardless of whether 
the land was previously purchased with federal funds.

                          Legislative History

    The HELP for Wildlife Act was introduced by Senators 
Barrasso, Cardin, Boozman, Klobuchar, Capito, and Baldwin on 
June 29, 2017. The bill was referred to the Committee on 
Environment and Public Works. The Committee ordered S. 1514 
favorably reported with an amendment in the nature of a 
substitute on July 26, 2017.

                                Hearings

    On July 19, 2017, the Committee on Environment and Public 
Works held an oversight hearing entitled, ``Legislative Hearing 
on S.1514, the Hunting Heritage and Environmental Legacy 
Preservation (HELP) for Wildlife Act.'' Testimony was received 
from:
           Brian Nesvik, Chief Game Warden, Wyoming 
        Game and Fish Department
           Jeff Crow, Director, Arkansas Game and Fish 
        Commission
           Dale Hall, CEO, Ducks Unlimited and Former 
        Director, U.S. Fish and Wildlife Service
           Kim Coble, Vice President, Environmental 
        Protection & Restoration, The Chesapeake Bay Foundation
           John Vucetich, Ph.D., Associate Professor, 
        School of Forest Resources and Environmental Science, 
        Michigan Technological University
    The Committee received written support from over 50 
conservation and sportsmen's groups.\1\
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    \1\https://www.epw.senate.gov/public/index.cfm/help-for-wildlife-
act.
---------------------------------------------------------------------------

                             Rollcall Votes

    On July 26, 2017, the Senate Committee on Environment and 
Public Works conducted a business meeting to consider S.1514. 
The bill was favorably reported out of Committee by a roll call 
vote of 14 ayes and 7 nays with an amendment in the nature of a 
substitute.

Amendments approved

    Duckworth #1--An amendment authorizing $15 million for each 
fiscal year between 2018 and 2022 for the U.S. Geological 
Survey to conduct monitoring, assessment, science, and research 
in support of fisheries within the Great Lakes Basin (adopted 
by voice vote).
    Revised Inhofe #1--An amendment to include a provision 
relating to the use of the value of certain land by land-grant 
institutions for purposes of cost sharing under Pittman-
Robertson (adopted by voice vote).
    Sullivan #1--An amendment permitting the importation of 
polar bear trophies taken from legal hunts in Canada prior to 
the listing decision for the species, so long as proper proof 
the bear was legally harvested prior to the listing date was 
provided (adopted by a voice vote, with Senators Booker, 
Cardin, Duckworth, Gillibrand, Harris, Markey, and Merkley 
recorded as nay).
    By unanimous consent, these amendments were incorporated 
into the bill as part of an amendment in the nature of a 
substitute.

Amendments rejected

    Carper #1--An amendment to strike sections 7 and 8 
regarding gray wolves in Wyoming and the Western Great Lakes 
from S. 1514 failed by a roll call vote of 10 ayes and 11 nays 
(Senators Booker, Cardin, Carper, Duckworth, Gillibrand, 
Harris, Markey, Merkley, Sanders, and Whitehouse voted aye. 
Senators Boozman, Capito, Ernst, Fischer, Inhofe, Moran, 
Rounds, Shelby, Sullivan, Wicker, and Barrasso voted nay).

Final Committee vote to report

    S. 1514 was ordered favorably reported by a roll call vote 
of 14 ayes and 7 nays with an amendment in the nature of a 
substitute (Senators Barrasso, Boozman, Capito, Cardin, Carper, 
Duckworth, Ernst, Fischer, Inhofe, Moran, Rounds, Shelby, 
Sullivan, and Wicker voted aye. Senators Booker, Gillibrand, 
Harris, Markey, Merkley, Sanders, and Whitehouse voted nay).

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee finds that S. 1514 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the Committee notes that the Congressional 
Budget Office found that S. 1514 contains no intergovernmental 
mandates as defined in the UMRA and would impose no costs on 
state, local, or tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report, if available. That statement follows:

                                                 September 8, 2017.
Hon. John Barrasso,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1514, the HELP for 
Wildlife Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

S. 1514--HELP for Wildlife Act

    Summary: S. 1514 would amend and reauthorize various 
programs conducted by the U.S. Fish and Wildlife Service 
(USFWS) related to the conservation of wetlands, certain 
species, and fish habitats. The bill also would reauthorize 
programs aimed at restoring the Chesapeake Bay and would 
establish a program to conduct research in the Great Lakes 
Basin. Finally, the bill would authorize funding for the 
National Fish and Wildlife Foundation, a nonprofit corporation 
established by federal law to provide grants for activities 
related to conserving and managing fish, wildlife, plants, and 
other natural resources.
    Based on information provided by the affected agencies, CBO 
estimates that implementing the legislation would cost $741 
million over the 2018-2022 period and $257 million after 2022, 
assuming appropriation of the authorized amounts. Enacting S. 
1514 would not affect direct spending or revenues; therefore, 
pay-as-you-go procedures do not apply.
    CBO estimates that enacting the bill would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    S. 1514 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on state, local, and tribal governments.
    S. 1514 would impose a private-sector mandate as defined in 
UMRA by eliminating the ability of plaintiffs to seek judicial 
review of rules to remove gray wolves in some regions from the 
endangered species list. CBO estimates that the cost of the 
mandate would fall well below the annual threshold established 
in UMRA for private-sector mandates ($156 million in 2017, 
adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1514 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                             By fiscal year, in millions of dollars--
                                                ----------------------------------------------------------------
                                                   2017     2018     2019     2020     2021     2022   2017-2022
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Chesapeake Bay Programs:
    Authorization Level........................        0       93       93       93       93       93       465
    Estimated Outlays..........................        0       17       44       71       84       93       308
Wetlands Conservation:
    Authorization Level........................        0       50       50       50       50       50       250
    Estimated Outlays..........................        0       13       25       35       43       48       163
National Fish and Wildlife Foundation:
    Authorization Level........................        0       25       25       25       25       25       125
    Estimated Outlays..........................        0       25       25       25       25       25       125
Great Lakes Research:
    Authorization Level........................        0       15       15       15       15       15        75
    Estimated Outlays..........................        0       14       14       15       15       15        73
Fish Habitat Conservation:
    Authorization Level........................        0       10       10       10       10       10        48
    Estimated Outlays..........................        0        7        9        9        9       10        44
Neotropical Migratory Bird Conservation:
    Authorization Level........................        0        7        7        7        7        7        33
    Estimated Outlays..........................        0        4        6        7        7        7        29
    Total Changes:
        Authorization Level....................        0      199      199      199      199      199       995
        Estimated Outlays......................        0       79      122      161      182      197       741
----------------------------------------------------------------------------------------------------------------
Note: Amounts may not sum to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the end of 2017 and that the 
authorized amounts will be appropriated for each fiscal year. 
Estimated outlays are based on historical spending patterns for 
similar programs.
    S. 1514 would authorize appropriations to carry out 
activities related to the conservation of wetlands, certain 
species, and fish habitats. The bill also would authorize 
funding for programs to restore the Chesapeake Bay and conduct 
research in the Great Lakes Basin. Finally, the bill would 
authorize appropriations to fund the National Fish and Wildlife 
Foundation. CBO estimates that implementing the legislation 
would cost $741 million over the 2018-2022 period and $257 
million after 2022, assuming appropriation of the authorized 
amounts.

Chesapeake Bay Programs

    Sections 10 and 11 would authorize appropriations totaling 
$468 million through 2023 to fund programs aimed at restoring 
the Chesapeake Bay. The bill would authorize $90 million a year 
through 2022 for the Environmental Protection Agency to 
continue its Chesapeake Bay Program. The agency received 
appropriations totaling $73 million to carry out the program in 
2017. The bill also would authorize $3 million a year through 
2023 for the National Park Service to carry out activities 
under the Chesapeake Bay Initiative Act of 1998. In 2017, the 
agency received appropriations totaling $2 million to carry out 
the program. CBO estimates that carrying out sections 10 and 11 
would cost $308 million over the 2018-2022 period and $160 
million after 2022.

Wetlands Conservation

    Section 4 would authorize the appropriation of $50 million 
a year through 2022 to carry out the North American Wetlands 
Conservation Act (NAWCA). Under that act, the USFWS awards 
competitive grants for projects to conserve wetlands in the 
United States, Mexico, and Canada. In 2017, the agency received 
$38 million to carry out activities related to NAWCA. CBO 
estimates that carrying out section 4 would cost $163 million 
over the 2018-2022 period and $87 million after 2022.

National Fish and Wildlife Foundation

    Section 5 would authorize the appropriation of $25 million 
a year through 2022 to fund activities of the National Fish and 
Wildlife Foundation. The foundation is a nonprofit corporation 
established by federal law to provide grants for activities 
related to conserving and managing fish, wildlife, plants, and 
other natural resources. In 2017, the USFWS received 
appropriations totaling $7 million to fund the foundation. CBO 
estimates that implementing section 5 would cost $125 million 
over the 2018-2022 period.

Great Lakes Research

    Section 14 would authorize the appropriation of $15 million 
a year through 2022 to establish a research program aimed at 
enhancing fishery management in the Great Lakes Basin. The 
program would be administered by the United States Geological 
Survey. CBO estimates that implementing section 14 would cost 
$73 million over the 2018-2022 period and $2 million after 
2022.

Fish Habitat Conservation

    Section 12 would authorize the appropriation of $9.56 
million a year through 2022 to carry out projects to conserve 
fish habitat and to provide technical assistance to nonfederal 
entities. The program would be aimed at facilitating 
partnerships between the federal government and local 
governments, nonprofits, and private individuals. In 2017, the 
USFWS received appropriations totaling about $7 million to 
carry out similar activities. CBO estimates that implementing 
section 12 would cost $44 million over the 2018-2022 period and 
$4 million after 2022.

Neotropical Migratory Bird Conservation

    Section 6 would authorize the appropriation of $6.5 million 
a year through 2022 to carry out the Neotropical Migratory Bird 
Conservation Act. Under that act, the USFWS provides grants to 
support projects to conserve migratory birds throughout the 
Western Hemisphere. In 2017, the USFWS received appropriations 
totaling $4 million to carry out that program. CBO estimates 
that carrying out section 6 would cost $29 million over the 
2018-2022 period and $4 million after 2022.
    Pay-As-You-Go considerations: None.
    Increase in long term direct spending and deficits: CBO 
estimates that enacting S. 1514 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    Estimated impact on state, local, and tribal governments: 
S. 1514 contains no intergovernmental mandates as defined in 
UMRA and would benefit state agencies by lowering the matching 
requirement for federal grants that support public shooting 
ranges. The bill also would benefit state, local, and tribal 
agencies by authorizing federal grants for conservation 
programs and partnerships that protect wildlife habitat. Any 
costs incurred by those entities, including cost-sharing 
contributions, would result from participation in voluntary 
federal programs.
    Estimated impact on the private sector: S. 1514 would 
impose a private-sector mandate as defined in UMRA on 
plaintiffs by eliminating the ability to seek judicial review 
of rules to remove gray wolves in the western Great Lakes 
region or in the state of Wyoming from the endangered species 
list. The cost of a mandate that eliminates a right of action 
is the forgone income and value of awards in such cases. 
Because such losses would generally not occur for the types of 
cases involved, CBO expects that the mandate would probably 
impose no costs. Consequently, CBO estimates that the cost of 
the mandate would fall well below the annual threshold 
established in UMRA for private-sector mandates ($156 million 
in 2017, adjusted annually for inflation).
    Estimate prepared by: Federal costs: Jeff LaFave; Impact on 
state, local, and tribal governments: Jon Sperl; Impact on the 
private sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

       ADDITIONAL VIEWS OF SENATORS CARPER, CARDIN, AND DUCKWORTH

    On balance, the HELP for Wildlife Act is a promising bill 
that can help yield important conservation outcomes, but no 
bill is perfect. We have strong concerns regarding the two 
provisions that remove Endangered Species Act protections for 
gray wolves and/or prohibit further judicial review of such 
provisions. While we appreciate the complexity and challenges 
of managing these charismatic animals, we do not support 
legislatively delisting species. The implementation of the 
Endangered Species Act is designed to be informed by the public 
and by the best available science. Allowing politics to drive 
decisions is a dangerous approach and one that should not 
become habit.
    The provision on gray wolves in the Western Great Lakes 
would override a unanimous D.C. Circuit Court decision issued 
on August 1, 2017 and remove existing Endangered Species Act 
protections for gray wolves in Michigan, Minnesota and 
Wisconsin. This unanimous decision sent a clear signal that 
Congress should not delist the species legislatively.
    The provision on gray wolves in Wyoming would codify a 
March 3, 2017 D.C. Circuit Court of Appeals decision to uphold 
a final rule to delist the gray wolf in Wyoming. The plaintiffs 
in the Wyoming case did not appeal the court's decision and 
wolves were returned to state management in late April. As 
such, we believe this provision in the HELP for Wildlife Act is 
an unnecessary overstep.
    We understand our colleagues are frustrated with the 
lengthy process for delisting gray wolves and other species, 
but it is important to remember that the Endangered Species Act 
is a last backstop against extinction. It only applies when 
state management has previously failed. As a result, a lengthy 
delisting process is warranted, and the safeguards and rigors 
that exist through judicial review are a necessary part of that 
process.
    The Endangered Species Act is one of our nation's most 
popular and effective environmental laws, garnering support 
from 90 percent of Americans. It has prevented the extinction 
of 99 percent of listed species. We remain fully committed to 
the Endangered Species Act and look forward to opportunities to 
work with our colleagues to strengthen its implementation and 
fully fund it.

                                   Thomas R. Carper.
                                   Benjamin L. Cardin.
                                   Tammy Duckworth.

       MINORITY VIEWS OF SENATORS GILLIBRAND, BOOKER, AND HARRIS

    In addition to the concerns already outlined by Senators 
Carper, Cardin, and Duckworth in their additional views 
regarding the gray wolves provisions, the HELP for Wildlife Act 
contradicts its name throughout. While we strongly support the 
reauthorization of important conservation laws, those 
reauthorizations are not worth the cost of the provisions in 
this legislation that may harm wildlife and public health.
    The exemption for sport fishing equipment from the Toxic 
Substances Control Act is a solution in search of a problem. 
The EPA is not currently regulating such equipment and after a 
lengthy process to enact much needed reforms to the Toxic 
Substances Control Act last Congress, we do not think it is 
smart policy to carve out unnecessary exemptions. While science 
may be limited on health and environmental risks associated 
specifically with the use of lead tackle, it is not conclusive, 
which means there may be impacts of which we are currently 
unaware but of which we could become aware in the future. We 
also do know that between 10 and 20 million birds and other 
animals die each year from lead poisoning. All of this makes a 
permanent exemption even more problematic, especially in the 
aftermath of what we learned from Flint, Michigan about how 
quickly lead-related health risks can escalate. Further, 
alternates to lead are available for sport fishing equipment. 
The more these alternatives are used, the more affordable and 
widely accepted they will become.
    The provision that allows importation of polar bear parts, 
albeit legally harvested ones, is also of great concern. 
Agencies and states often have decades of advance notice that 
species are going to be listed as threatened or endangered 
under the Endangered Species Act. Setting a precedent that 
threatened or endangered species can be imported, as long as 
the animals were killed before the enactment of a formal 
listing, is troubling. If this provision becomes law, it could 
further imperil declining species in the future, providing an 
incentive for hunters to get their trophies before a vulnerable 
species is listed.
    The Migratory Bird Treaty Act is our nation's cornerstone 
law for protecting migratory birds, which are at great risk 
largely due to impacts of climate change. We oppose the MBTA 
provision in the HELP for Wildlife Act. This provision weakens 
baiting restrictions and may hamper the ability of the U.S. 
Fish and Wildlife Service to fully enforce the MBTA as it sees 
fit.
    We recognize the important role that sportsmen play in 
conservation and in our local economies. There are many truly 
bipartisan policy proposals that could garner broad support in 
our Committee and in the environmental community, many of which 
are included in this bill. We are disappointed that the HELP 
for Wildlife Act includes these poison pill provisions. We 
stand ready to work with our colleagues to advance legislation 
that will benefit sportsmen and women while upholding our 
nation's landmark public health and environmental laws.

                                   Kirsten E. Gillibrand.
                                   Cory A. Booker.
                                   Kamala D. Harris.
                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *


PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT

           *       *       *       *       *       *       *



SEC. 2. [16 U.S.C. 669A] DEFINITIONS.

   As used in this Act--
          (1) * * *

           *       *       *       *       *       *       *

          (2) the term `public target range' means a specific 
        location that--
                  (A) is identified by a governmental agency 
                for recreational shooting;
                  (B) is open to the public;
                  (C) may be supervised; and
                  (D) may accommodate archery or rifle, pistol, 
                or shotgun shooting;

           *       *       *       *       *       *       *

          [(2)] (3) the term ``Secretary'' means the Secretary 
        of the Interior;
          [(3)] (4) the term ``State fish and game department'' 
        or ``State fish and wildlife department'' means any 
        department or division of department of another name, 
        or commission, or official or officials, of a State 
        empowered under its laws to exercise the functions 
        ordinarily exercised by a State fish and game 
        department or State fish and wildlife department.
          [(4)] (5) the term ``wildlife'' means any species of 
        wild, free-ranging fauna including fish, and also fauna 
        in captive breeding programs the object of which is to 
        reintroduce individuals of a depleted indigenous 
        species into previously occupied range;
          [(5)] (6) the term ``wildlife-associated recreation'' 
        means projects intended to meet the demand for outdoor 
        activities associated with wildlife including, but not 
        limited to, hunting and fishing, wildlife observation 
        and photography, such projects as construction or 
        restoration of wildlife viewing areas, observation 
        towers, blinds, platforms, land and water trails, water 
        access, field trialing, trail heads, and access for 
        such projects;
          [(6)] (7) the term ``wildlife conservation and 
        restoration program'' means a program developed by a 
        State fish and wildlife department and approved by the 
        Secretary under section 304(d), the projects that 
        constitute such a program, which may be implemented in 
        whole or part through grants and contracts by a State 
        to other State, Federal, or local agencies (including 
        those that gather, evaluate, and disseminate 
        information on wildlife and their habitats), wildlife 
        conservation organizations, and outdoor recreation and 
        conservation education entities from funds apportioned 
        under this title, and maintenance of such projects;
          [(7)] (8) the term ``wildlife conservation 
        education'' means projects, including public outreach, 
        intended to foster responsible natural resource 
        stewardship; and
          [(8)] (9) the term ``wildlife-restoration project'' 
        includes the wildlife conservation and restoration 
        program and means the selection, restoration, 
        rehabilitation, and improvement of areas of land or 
        water adaptable as feeding, resting, or breeding places 
        for wildlife, including acquisition of such areas or 
        estates or interests therein as are suitable or capable 
        of being made suitable therefor, and the construction 
        thereon or therein of such works as may be necessary to 
        make them available for such purposes and also 
        including such research into problems of wildlife 
        management as may be necessary to efficient 
        administration affecting wildlife resources, and such 
        preliminary or incidental costs and expenses as may be 
        incurred in and about such projects.

           *       *       *       *       *       *       *


SEC. 8. [16 U.S.C. 669G]

  (a) * * *

           *       *       *       *       *       *       *

  [(b) Each State]
  (b) Expenditures for Management of Wildlife Areas and 
Resources.--
          (1) In general.--Except as provided in paragraph (2), 
        each State may use the funds apportioned to it under 
        section 4(c) to pay up to 75 per centum of the costs of 
        a hunter safety program and the [construction, 
        operation,] operation and maintenance of public target 
        ranges, as a part of such program. [The non-Federal 
        share]
          (2) Exception.--Notwithstanding the limitation 
        described in paragraph (1), a State may pay up to 90 
        percent of the cost of acquiring land for, expanding, 
        or constructing a public target range.
          (3) Non-federal share.--The non-Federal share; of 
        such costs may be derived from license fees paid by 
        hunters, but not from other Federal grant programs. 
        [The Secretary]
          (4) Regulations.--The Secretary shall issue not later 
        than the 120th day after the effective date of this 
        subsection such regulations as he deems advisable 
        relative to the criteria for the establishment of 
        hunter safety programs and public target ranges under 
        this subsection.

           *       *       *       *       *       *       *


SEC. 10. [16 U.S.C. 669H-1] FIREARM AND BOW HUNTER EDUCATION AND SAFETY 
                    PROGRAM GRANTS.

  (a) In General.--
          (1)  * * *

           *       *       *       *       *       *       *

          (3) Allocation of additional amounts.--Of the amount 
        apportioned to a State for any fiscal year under 
        section 4(b), the State may elect to allocate not more 
        than 10 percent, to be combined with the amount 
        apportioned to the State under paragraph (1) for that 
        fiscal year, for acquiring land for, expanding, or 
        constructing a public target range.
  [(b) Cost Sharing.--The Federal share of the cost of any 
activity carried out with a grant under this section shall not 
exceed 75 percent of the total cost of the activity.]
  (b) Cost Sharing.--
          (1) In general.--Except as provided in paragraph (2), 
        the Federal share of the cost of any activity carried 
        out using a grant under this section shall not exceed 
        75 percent of the total cost of the activity.
          (2) Public target range construction or expansion.--
        The Federal share of the cost of acquiring land for, 
        expanding, or constructing a public target range in a 
        State on Federal or non-Federal land pursuant to this 
        section or section 8(b) shall not exceed 90 percent of 
        the cost of the activity.
  (c) Period of Availability; Reapportionment.--
          (1) Period of availability.--[Amounts made]
                  (A) In general.--Except as provided in 
                subparagraph (B), amounts made available and 
                apportioned for grants under this section shall 
                remain available only for the fiscal year for 
                which the amounts are apportioned.
                  (B) Exception.--Amounts provided for 
                acquiring land for, constructing, or expanding 
                a public target range shall remain available 
                for expenditure and obligation during the 5-
                fiscal-year period beginning on October 1 of 
                the first fiscal year for which the amounts are 
                made available.

           *       *       *       *       *       *       *

  Sec. 12. [16 U.S.C. 669i] The Secretary of Agriculture is 
authorized to make rules and regulations for carrying out the 
provisions of this Act.

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.

[SEC. 13.] SEC. 14. [16 U.S.C. 669 NOTE] SHORT TITLE.

  This Act may be cited as the ``Pittman-Robertson Wildlife 
Restoration Act''.

           *       *       *       *       *       *       *


MIGRATORY BIRD TREATY ACT

           *       *       *       *       *       *       *


  Sec. 2. [16 U.S.C. 703] (a) In General.-- * * *

           *       *       *       *       *       *       *

  Sec. 3. [16 U.S.C. 704] (a)  * * *

           *       *       *       *       *       *       *

  [(b) It shall be unlawful for any person to--
          [(1) take any migratory game bird by the aid of 
        baiting, or on or over any baited area, if the person 
        knows or reasonably should know that the area is a 
        baited area; or
          [(2) place or direct the placement of bait on or 
        adjacent to an area for the purpose of causing, 
        inducing, or allowing any person to take or attempt to 
        take any migratory game bird by the aid of baiting on 
        or over the baited area.]
  (b) Prohibition of Baiting.--
          (1) Definitions.--In this subsection:
                  (A) Baited area.--
                          (i) In general.--The term `baited 
                        area' means--
                                  (I) any area on which salt, 
                                grain, or other feed has been 
                                placed, exposed, deposited, 
                                distributed, or scattered, if 
                                the salt, grain, or feed could 
                                lure or attract migratory game 
                                birds; and
                                  (II) in the case of 
                                waterfowl, cranes (family 
                                Gruidae), and coots (family 
                                Rallidae), a standing, 
                                unharvested crop that has been 
                                manipulated through activities 
                                such as mowing, discing, or 
                                rolling, unless the activities 
                                are normal agricultural 
                                practices.
                          (ii) Exclusions.--An area shall not 
                        be considered to be a `baited area' if 
                        the area--
                                  (I) has been treated with a 
                                normal agricultural practice;
                                  (II) has standing crops that 
                                have not been manipulated; or
                                  (III) has standing crops that 
                                have been or are flooded.
                  (B) Baiting.--The term `baiting' means the 
                direct or indirect placing, exposing, 
                depositing, distributing, or scattering of 
                salt, grain, or other feed that could lure or 
                attract migratory game birds to, on, or over 
                any areas on which a hunter is attempting to 
                take migratory game birds.
                  (C) Migratory game bird.--The term `migratory 
                game bird' means migratory bird species--
                          (i) that are within the taxonomic 
                        families of Anatidae, Columbidae, 
                        Gruidae, Rallidae, and Scolopacidae; 
                        and
                          (ii) for which open seasons are 
                        prescribed by the Secretary of the 
                        Interior.
                  (D) Normal agricultural practice.--
                          (i) In general.--The term `normal 
                        agricultural practice' means any 
                        practice in 1 annual growing season 
                        that--
                                  (I) is carried out in order 
                                to produce a marketable crop, 
                                including planting, harvest, 
                                post-harvest, or soil 
                                conservation practices; and
                                  (II) is recommended for the 
                                successful harvest of a given 
                                crop by the applicable State 
                                office of the Cooperative 
                                Extension System of the 
                                Department of Agriculture, in 
                                consultation with, and if 
                                requested, the concurrence of, 
                                the head of the applicable 
                                State department of fish and 
                                wildlife.
                          (ii) Inclusions.--
                                  (I) In general.--Subject to 
                                subclause (II), the term 
                                `normal agricultural practice' 
                                includes the destruction of a 
                                crop in accordance with 
                                practices required by the 
                                Federal Crop Insurance 
                                Corporation for agricultural 
                                producers to obtain crop 
                                insurance under the Federal 
                                Crop Insurance Act (7 U.S.C. 
                                1501 et seq.) on land on which 
                                a crop during the current or 
                                immediately preceding crop year 
                                was not harvestable due to a 
                                natural disaster (including any 
                                hurricane, storm, tornado, 
                                flood, high water, wind-driven 
                                water, tidal wave, tsunami, 
                                earthquake, volcanic eruption, 
                                landslide, mudslide, drought, 
                                fire, snowstorm, or other 
                                catastrophe that is declared a 
                                major disaster by the President 
                                in accordance with section 401 
                                of the Robert T. Stafford 
                                Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 
                                5170)).
                                  (II) Limitations.--The term 
                                `normal agricultural practice' 
                                only includes a crop described 
                                in subclause (I) that has been 
                                destroyed or manipulated 
                                through activities that include 
                                (but are not limited to) 
                                mowing, discing, or rolling if 
                                the Federal Crop Insurance 
                                Corporation certifies that 
                                flooding was not an acceptable 
                                method of destruction to obtain 
                                crop insurance under the 
                                Federal Crop Insurance Act (7 
                                U.S.C. 1501 et seq.).
                  (E) Waterfowl.--The term `waterfowl' means 
                native species of the family Anatidae.
          (2) Prohibition.--It shall be unlawful for any 
        person--
                  (A) to take any migratory game bird by 
                baiting or on or over any baited area, if the 
                person knows or reasonably should know that the 
                area is a baited area; or
                  (B) to place or direct the placement of bait 
                on or adjacent to an area for the purpose of 
                causing, inducing, or allowing any person to 
                take or attempt to take any migratory game bird 
                by baiting or on or over the baited area.
          (3) Regulations.--The Secretary of the Interior may 
        promulgate regulations to implement this subsection.
          (4) Reports.--Annually, the Secretary of Agriculture 
        shall submit to the Secretary of the Interior a report 
        that describes any changes to normal agricultural 
        practices across the range of crops grown by 
        agricultural producers in each region of the United 
        States in which the recommendations are provided to 
        agricultural producers.

           *       *       *       *       *       *       *


NORTH AMERICAN WETLANDS CONSERVATION ACT

           *       *       *       *       *       *       *



SECTION 1. [16 U.S.C. 4401 NOTE] SHORT TITLE.

  This Act may be cited as the ``North American Wetlands 
Conservation Act''.

SEC. 2. [16 U.S.C. 4401] FINDINGS AND STATEMENT OF PURPOSE.

  (a) Findings.--  * * *

           *       *       *       *       *       *       *


SEC. 4. [16 U.S.C. 4403] ESTABLISHMENT OF NORTH AMERICAN WETLANDS 
                    CONSERVATION COUNCIL.

  (a) Council Membership.--(1) There shall be established a 
North American Wetlands Conservation Council (hereinafter in 
this Act referred to as the ``Council'') which shall consist of 
nine members who may not receive compensation as members of the 
Council. Of the Council members--
          (A)  * * *

           *       *       *       *       *       *       *

          (B) one shall be the [Secretary of the Board] 
        Executive Director of the Board of the National Fish 
        and Wildlife Foundation appointed pursuant to section 
        3(g)(2)(B) of the National Fish and Wildlife Foundation 
        Establishment Act (16 U.S.C. 3702);

           *       *       *       *       *       *       *


SEC. 6. [16 U.S.C. 4405] CONDITIONS RELATING TO WETLANDS CONSERVATION 
                    PROJECTS.

  (a) Projects in the United States.--(1)* * *

           *       *       *       *       *       *       *

  [(3) In lieu of]
          (3) Provision of funds or conveyance of real property 
        interest.--
                  (A) In general.--In lieu of including in the 
                National Wildlife Refuge System any lands or 
                waters or interests therein acquired under this 
                Act, the Secretary may, with the concurrence of 
                the Migratory Bird Conservation Commission, 
                grant or otherwise provide the Federal funds 
                made available under this Act and section 3(b) 
                of the Act of September 2, 1937 (16 U.S.C. 
                669b(b)), as amended by this Act or convey any 
                real property interest acquired in whole or in 
                part with such funds without cost to a State or 
                to another public agency or other entity upon a 
                finding by the Secretary that the real property 
                interests should not be included in the 
                National Wildlife Refuge System: Provided, That 
                any grant recipient shall have been so 
                identified in the project description 
                accompanying the recommendation from the 
                Council and approved by the Migratory Bird 
                Conservation Commission. [The Secretary shall]
                  (B) Determination.--The Secretary shall; not 
                convey any such interest to a State, another 
                public agency or other entity unless the 
                Secretary determines that such State, agency or 
                other entity is committed to undertake the 
                management of the property being transferred in 
                accordance with the objectives of this Act, and 
                the deed or other instrument of transfer 
                contains provisions for the reversion of title 
                to the property to the United States if such 
                State, agency or other entity fails to manage 
                the property in accordance with the objectives 
                of this Act.[Any real property interest 
                conveyed pursuant to this paragraph shall be 
                subject to such terms and conditions that will 
                ensure that the interest will be administered 
                for the long-term conservation and management 
                of the wetland ecosystem and the fish and 
                wildlife dependent thereon.]
                  (C) Real property.--Any real property 
                interest conveyed under this paragraph shall be 
                subject to terms and conditions that ensure 
                that--
                          (i) the real property interest will 
                        be administered for the long-term 
                        conservation and management of the 
                        wetland ecosystem and the fish and 
                        wildlife dependent on that ecosystem;
                          (ii) the grantor of a real property 
                        interest has been provided with 
                        information relating to all available 
                        conservation options, including 
                        conservation options that involve the 
                        conveyance of a real property interest 
                        for a limited period of time; and
                          (iii) the provision of the 
                        information described in clause (ii) 
                        has been documented.

           *       *       *       *       *       *       *


SEC. 7. [16 U.S.C. 4406] AMOUNTS AVAILABLE TO CARRY OUT THIS ACT.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Authorization of Appropriations.--In addition to the 
amounts made available under subsections (a) and (b) of this 
section, there are authorized to be appropriated to the 
Department of the Interior for purposes of allocation under 
section 8 of this Act not to exceed--
          (1) $55,000,000 for fiscal year 2003;
          (2) $60,000,000 for fiscal year 2004;
          (3) $65,000,000 for fiscal year 2005;
          (4) $70,000,000 for fiscal year 2006; [and]
          (5) $75,000,000 for each of fiscal years 2008 through 
        2012[.] ; and
          (6) $50,000,000 for each of fiscal years 2018 through 
        2022.

           *       *       *       *       *       *       *


NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT

           *       *       *       *       *       *       *



SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Fish and Wildlife 
Foundation Establishment Act''.

SEC. 2. ESTABLISHMENT AND PURPOSES OF FOUNDATION.

  (a) Establishment.--There is established the National Fish 
and Wildlife Foundation (hereinafter in this Act referred to as 
the ``Foundation''). The Foundation is a charitable and 
nonprofit corporation and is not an agency or establishment of 
the United States.
  (b) Purposes.--  * * *

           *       *       *       *       *       *       *


SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.

  (a) Establishment and Membership.--
          (1) In general.--  * * *

           *       *       *       *       *       *       *

  (b) Appointment and Terms.--
          (1) Agency heads.--The Director of the United States 
        Fish and Wildlife Service and the Under Secretary of 
        Commerce for Oceans and Atmosphere shall be Directors 
        of the Foundation.
          [(2) Appointments by the secretary of the interior.--
                  [(A) In general.--Subject to subparagraph 
                (B), after consulting with the Secretary of 
                Commerce and considering the recommendations 
                submitted by the Board, the Secretary of the 
                Interior shall appoint 23 Directors who meet 
                the criteria established by subsection (a), of 
                whom--
                          [(i) at least six shall be educated 
                        or experienced in fish, wildlife, or 
                        other natural resource conservation;
                          [(ii) at least four shall be educated 
                        or experienced in the principles of 
                        fish, wildlife, or other natural 
                        resource management; and
                          [(iii) at least four shall be 
                        educated or experienced in ocean and 
                        coastal resource conservation.
                  [(B) Transition provision.--
                          [(i) Continuation of terms.--The 15 
                        Directors serving on the Board as of 
                        the date of the enactment of this 
                        paragraph shall continue to serve until 
                        the expiration of their terms.
                          [(ii) New directors.--Subject to 
                        paragraph (3), the Secretary of the 
                        Interior shall appoint eight new 
                        Directors.]
          (2) In general.--After consulting with the Secretary 
        of Commerce and considering the recommendations 
        submitted by the Board, the Secretary of the Interior 
        shall appoint 28 Directors who, to the maximum extent 
        practicable, shall--
                  (A) be knowledgeable and experienced in 
                matters relating to the conservation of fish, 
                wildlife, or other natural resources; and
                  (B) represent a balance of expertise in 
                ocean, coastal, freshwater, and terrestrial 
                resource conservation.
          [(3) Terms.--
                  [(A) In general.--Subject to subparagraph 
                (B), each Director (other than a Director 
                described in paragraph (1)) shall be appointed 
                for a term of 6 years.
                  [(B) Initial appointments to new member 
                positions.--Of the Directors appointed by the 
                Secretary of the Interior under paragraph 
                (2)(B)(ii), the Secretary shall appoint, in 
                fiscal year 2001, three Directors for a term of 
                6 years.
                  [(C) Subsequent appointments to new member 
                positions.--Of the Directors appointed by the 
                Secretary of the Interior under paragraph 
                (2)(B)(ii), the Secretary shall appoint, in 
                fiscal year 2002--
                          [(i) two Directors for a term of 2 
                        years; and
                          [(ii) three Directors for a term of 4 
                        years.]
          (3) Terms.--Each Director (other than a Director 
        described in paragraph (1)) shall be appointed for a 
        term of 6 years.

           *       *       *       *       *       *       *

  (g) General Powers.--
          (1) * * *

           *       *       *       *       *       *       *

          (2) The following limitations apply with respect to 
        the appointment of officers and employees of the 
        Foundation:
                  [(A) Officers and employees may not be 
                appointed until the Foundation has sufficient 
                funds to pay them for their service. Officers]
                  (A) In general.--Officers and employees of 
                the Foundation shall be appointed without 
                regard to the provisions of title 5, United 
                States Code, governing appointments in the 
                competitive service, and may be paid without 
                regard to the provisions of chapter 51 and 
                subchapter III of chapter 53 of such title 
                relating to classification and General Schedule 
                pay rates.
                  [(B) The first officer or employee appointed 
                by the Board shall be the Secretary of the 
                Board who--
                          [(i) shall serve, at the direction of 
                        the Board, as its chief operating 
                        officer; and
                          [(ii) shall be knowledgeable and 
                        experienced in matters relating to fish 
                        and wildlife conservation.]
                  (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.

SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.

  (a) * * *

           *       *       *       *       *       *       *

  [(c) Powers.--To carry out its purposes under]
  (c) Powers.--
          (1) In general.--To carry out the purposes described 
        in; section 2, the Foundation shall have, in addition 
        to the powers otherwise given it under this Act, the 
        usual powers of a corporation acting as a trustee in 
        the District of Columbia, including the power--
          [(1)]
                  (A) to accept, receive, solicit, hold, 
                administer, and use any gift, devise, or 
                bequest, either absolutely or in trust, of real 
                or personal property or any income therefrom or 
                other interest therein;
          [(2)]
                  (B) to acquire by purchase or exchange any 
                real or personal property or interest therein, 
                subject to subsection (e);
          [(3)]
                  (C) to invest any funds provided to the 
                Foundation by the Federal Government in 
                obligations of the United States or in 
                obligations or securities that are guaranteed 
                or insured by the United States;
          [(4)]
                  (D) to deposit any funds provided to the 
                Foundation by the Federal Government into 
                accounts [that are insured by an agency or 
                instrumentality of the United States] at 1 or 
                more financial institutions that are members of 
                the Federal Deposit Insurance Corporation or 
                the Securities Investment Protection 
                Corporation;
          [(5)]
                  (E) to make use of any interest or investment 
                income that accrues as a consequence of actions 
                taken under [paragraph (3) or (4)] subparagraph 
                (C) or (D) to carry out the purposes of the 
                Foundation;
          [(6)]
                  (F) to use Federal funds to make payments 
                under cooperative agreements entered into with 
                willing private landowners to provide 
                substantial long-term benefits for the 
                restoration or enhancement of fish, wildlife, 
                plants, and other natural resources on private 
                land;
          [(7)]
                  (G) unless otherwise required by the 
                instrument of transfer, to sell, donate, lease, 
                invest, reinvest, retain or otherwise dispose 
                of any property or income therefrom;
          [(8)]
                  (H) to borrow money and issue bonds, 
                debentures, or other debt instruments;
          [(9)]
                  (I) to sue and be sued, and complain and 
                defend itself in any court of competent 
                jurisdiction, except that the Directors of the 
                Foundation shall not be personally liable, 
                except for gross negligence;
          [(10)]
                  (J) to enter into contracts or other 
                arrangements with public agencies and private 
                organizations and persons and to make such 
                payments as may be necessary to carry out its 
                functions; [and]
          [(11)]
                  [(K) to do any and all acts necessary and 
                proper to carry out the purposes of the 
                Foundation.]
                  (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.
[For purposes of this Act, an interest in real property shall 
be treated as including, among other things, 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. A gift, devise, or bequest may be accepted by the 
Foundation even though it is encumbered, restricted, or subject 
to beneficial interests of private persons if any current or 
future interest therein is for the benefit of the Foundation.]
          (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.

           *       *       *       *       *       *       *

  [(f)(1) In carrying out the purposes under section 2(b), the 
Foundation may establish a national whale conservation 
endowment fund, to be used by the Foundation to support 
research, management activities, or educational programs that 
contribute to the protection, conservation, or recovery of 
whale populations in waters of the United States.
  [(2)(A) In a manner consistent with subsection (c)(1), the 
Foundation may--
          [(i) accept, receive, solicit, hold, administer, and 
        use any gift, devise, or bequest made to the Foundation 
        for the express purpose of supporting whale 
        conservation; and
          [(ii) deposit in the endowment fund under paragraph 
        (1) any funds made available to the Foundation under 
        this subparagraph, including any income or interest 
        earned from a gift, devise, or bequest received by the 
        Foundation under this subparagraph.
  [(B) To raise funds to be deposited in the endowment fund 
under paragraph (1), the Foundation may enter into appropriate 
arrangements to provide for the design, copyright, production, 
marketing, or licensing, of logos, seals, decals, stamps, or 
any other item that the Foundation determines to be 
appropriate.
  [(C)(i) The Secretary of Commerce may transfer to the 
Foundation for deposit in the endowment fund under paragraph 
(1) any amount (or portion thereof) received by the Secretary 
under section 105(a)(1) of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1375(a)(1)) as a civil penalty assessed by the 
Secretary under that section.
  [(ii) The Directors of the Board shall ensure that any 
amounts transferred to the Foundation under clause (i) for the 
endowment fund under paragraph (1) are deposited in that fund 
in accordance with this subparagraph.
  [(3) It is the intent of Congress that in making expenditures 
from the endowment fund under paragraph (1) to carry out 
activities specified in that paragraph, the Foundation should 
give priority to funding projects that address the conservation 
of populations of whales that the Foundation determines--
          [(A) are the most endangered (including the northern 
        right whale (Eubaleana glacialis)); or
          [(B) most warrant, and are most likely to benefit 
        from, research management, or educational activities 
        that may be funded with amounts made available from the 
        fund.
  [(g) In carrying out any action on the part of the Foundation 
under subsection (f), the Directors of the Board shall consult 
with the Administrator of the National Oceanic and Atmospheric 
Administration and the Marine Mammal Commission.]
  [(h)] (f) Expenditures for Printing Services or Capital 
Equipment.--The Foundation shall not make any expenditure of 
Federal funds in connection with any one transaction for 
printing services or capital equipment that is greater than 
$10,000 unless the expenditure is approved by the Federal 
agency that administers the Federal program under which the 
funds were provided.
  [(i)] (g) Notice to Members of Congress.--The Foundation 
shall not make a grant of Federal funds in an amount greater 
than $10,000 unless, by not later than 30 days before the grant 
is made, the Foundation provides notice of the grant to the 
Member of Congress for the congressional district in which the 
project to be funded with the grant will be carried out.

           *       *       *       *       *       *       *


SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

  (a) Authorization of Appropriations.--
          [(1) In general.--There are authorized to be 
        appropriated to carry out this Act for each of fiscal 
        years 2006 through 2010--
                  [(A) $25,000,000 to the Department of the 
                Interior; and
                  [(B) $5,000,000 to the Department of 
                Commerce.]
          (1) In general.--There are authorized to be 
        appropriated to carry out this Act for each of fiscal 
        years 2018 through 2022--
                  (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.
  (b) Additional Authorization.--
          [(1) In general.--In addition to the amounts 
        authorized to be appropriated under subsection (a), the 
        Foundation may accept Federal funds from a Federal 
        agency under any other Federal law for use by the 
        Foundation to further the conservation and management 
        of fish, wildlife, plants, and other natural resources 
        in accordance with the requirements of this Act.]
          (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.
          (2) Use of [funds] AMOUNTS accepted from federal 
        agencies.--Federal funds provided to the Foundation 
        under paragraph (1) [shall be used] may be used by the 
        Foundation for matching, in whole or in part, 
        contributions (whether in currency, services, or 
        property) made to the Foundation by private persons 
        [and State and local government agencies] , State and 
        local government agencies, and other entities.
          (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 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.

           *       *       *       *       *       *       *

  (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.

SEC. 11. LIMITATION ON AUTHORITY.

  Nothing in this Act authorizes the Foundation to perform any 
function the exclusive authority for which is provided to the 
National Park Foundation by subchapter II of chapter 1011 of 
title 54, United States Code.

           *       *       *       *       *       *       *


NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT

           *       *       *       *       *       *       *



SECTION 1. [16 U.S.C. 6101 NOTE] SHORT TITLE.

  This Act may be cited as the ``Neotropical Migratory Bird 
Conservation Act''.

SEC. 2. [16 U.S.C. 6101] FINDINGS.

  Congress finds that--
          (1)  * * *

           *       *       *       *       *       *       *


[SEC. 10. [16 U.S.C. 6109] AUTHORIZATION OF APPROPRIATIONS.

  [(a) In General.--There is authorized to be appropriated to 
the Account to carry out this Act for each of fiscal years 2006 
through 2010 the amount specified for that fiscal year in 
subsection (b), to remain available until expended, of which 
not less than 75 percent of the amounts made available for each 
fiscal year shall be expended for projects carried out outside 
the United States.
  [(b) Authorized Amount.--The amount referred to in subsection 
(a) is--
          [(1) $5,000,000 for each of fiscal years 2006 and 
        2007;
          [(2) $5,500,000 for fiscal year 2008;
          [(3) $6,000,000 for fiscal year 2009; and
          [(4) $6,500,000 for fiscal year 2010.
  [(c) Availability.--Amounts appropriated under this section 
may remain available until expended.
  [(d) Allocation.--Of amounts appropriated under this section 
for each fiscal year, not less than 75 percent shall be 
expended for projects carried out outside the United States.]

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There is authorized to be appropriated to 
carry out this Act $6,500,000 for each of fiscal years 2018 
through 2022.
  (b) Use of Funds.--Of the amounts made available under 
subsection (a) for each fiscal year, not less than 75 percent 
shall be expended for projects carried out at a location 
outside of the United States.

           *       *       *       *       *       *       *


TOXIC SUBSTANCES CONTROL ACT

           *       *       *       *       *       *       *



SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

  This Act may be cited as the ``Toxic Substances Control 
Act''.

SEC. 2. FINDINGS, POLICY, AND INTENT.

  (a) Findings.--The Congress finds that--
          (1)  * * *

           *       *       *       *       *       *       *


SEC. 3. DEFINITIONS.

   As used in this Act:
  (1) Therm ``Administrator'' means the Administrator of the 
Environmental Protection Agency.
  (2)(A) Except as provided in subparagraph (B), the term 
``chemical substance'' means any organic or inorganic substance 
of a particular molecular identity, including--
          (i) any combination of such substances occurring in 
        whole or in part as a result of a chemical reaction or 
        occurring in nature, and
          (ii) any element or uncombined radical.
  (B) Such term does not include--
          (i) * * *

           *       *       *       *       *       *       *

          (v) any article the sale of which is subject to the 
        tax imposed by section 4181 of the Internal Revenue 
        Code of 1954 (determined without regard to any 
        exemptions from such tax provided by section 4182 or 
        4221 or any other provision of such Code)and any 
        component of such an article (limited to shot shells, 
        cartridges, and components of shot shells and 
        cartridges), [and]
          (vi) any food, food additive, drug, cosmetic, or 
        device (as such terms are defined in section 201 of the 
        Federal Food, Drug, and Cosmetic Act) when 
        manufactured, processed, or distributed in commerce for 
        use as a food, food additive, drug, cosmetic, or 
        device[.] ; and
          (vii) 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), and sport fishing equipment components.

           *       *       *       *       *       *       *


FEDERAL WATER POLLUTION CONTROL ACT

           *       *       *       *       *       *       *


  Sec. 101. (a) The objective of this Act is to restore and 
maintain the chemical, physical, and biological integrity of 
the Nation's waters. In order to achieve this objective it is 
hereby declared that, consistent with the provisions of this 
Act--
          (1)  * * *

           *       *       *       *       *       *       *


SEC. 117. CHESAPEAKE BAY.

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Administrative cost.--

           *       *       *       *       *       *       *

  [(j) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section 40,000,000 for each 
of fiscal years 2001 through 2005. Such sums shall remain 
available until expended.]
  (j) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $90,000,000 for each 
of fiscal years 2018 through 2022.

           *       *       *       *       *       *       *


CHESAPEAKE BAY INITIATIVE ACT OF 1998

           *       *       *       *       *       *       *



SEC. 501. SHORT TITLE.

  This title may be cited as the ``Chesapeake Bay Initiative 
Act of 1998''.

SEC. 502. CHESAPEAKE BAY GATEWAYS AND WATERTRAILS.

  (a) Chesapeake Bay Gateways and Watertrails Network.--
          (1)  * * *

           *       *       *       *       *       *       *

  (c) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section 3,000,000 for each of 
fiscal years 1999 through [2017] 2023.

           *       *       *       *       *       *       *


MARINE MAMMAL PROTECTION ACT OF 1972

           *       *       *       *       *       *       *


  Sec. 104. (a) * * *

           *       *       *       *       *       *       *

  (c)(1)  * * *

           *       *       *       *       *       *       *

          (5)(A)  * * *

           *       *       *       *       *       *       *

  [(D) The Secretary of the Interior shall, expeditiously after 
the expiration of the applicable 30 day period under subsection 
(d)(2), issue a permit for the importation of polar bear parts 
(other than internal organs) from polar bears taken in sport 
hunts in Canada before the date of enactment of the Marine 
Mammal Protection Act Amendments of 1994 each applicant who 
submits, with the permit application, proof that the polar bear 
was legally harvested in Canada by the applicant. The Secretary 
shall issue such permits without regard to the provisions of 
subparagraphs (A) and (C)(ii) of this paragraph, subsection 
(d)(3) of this section, and sections 101 and 102. This 
subparagraph shall not apply to polar bear parts that were 
imported before the effective date of this subparagraph.]
          (D)(i) The Secretary of the Interior shall, 
        expeditiously after the expiration of the applicable 
        30-day period under subsection (d)(2), issue a permit 
        for the importation of any polar bear part (other than 
        an internal organ) from a polar bear taken in a sport 
        hunt in Canada to any person--
                  (I) who submits, with the permit application, 
                proof that the polar bear was legally harvested 
                by the person before February 18, 1997; or
                  (II) who has submitted, in support of a 
                permit application submitted before May 15, 
                2008, proof that the polar bear was legally 
                harvested by the person before May 15, 2008, 
                from a polar bear population from which a 
                sport-hunted trophy could be imported before 
                that date in accordance with section 18.30(i) 
                of title 50, Code of Federal Regulations.
          (ii) The Secretary shall issue permits under clause 
        (i)(I) without regard to subparagraphs (A) and (C)(ii) 
        of this paragraph, subsection (d)(3), and sections 101 
        and 102. Sections 101(a)(3)(B) and 102(b)(3) shall not 
        apply to the importation of any polar bear part 
        authorized by a permit issued under clause (i)(I). This 
        clause shall not apply to polar bear parts that were 
        imported before June 12, 1997.
          (iii) The Secretary shall issue permits under clause 
        (i)(II) without regard to subparagraph (C)(ii) of this 
        paragraph or subsection (d)(3). Sections 101(a)(3)(B) 
        and 102(b)(3) shall not apply to the importation of any 
        polar bear part authorized by a permit issued under 
        clause (i)(II). This clause shall not apply to polar 
        bear parts that were imported before the date of 
        enactment of the Hunting Heritage and Environmental 
        Legacy Preservation for Wildlife Act.

           *       *       *       *       *       *       *


                                 [all]