[Senate Report 115-168]
[From the U.S. Government Publishing Office]
Calendar No. 237
115th Congress } { Report
SENATE
1st Session } { 115-168
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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.
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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).
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By fiscal year, in millions of dollars--
----------------------------------------------------------------
2017 2018 2019 2020 2021 2022 2017-2022
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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
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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.
* * * * * * *
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