[House Report 118-922]
[From the U.S. Government Publishing Office]
118th Congress } { Rept. 118-922
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
AMERICA'S WILDLIFE HABITAT CONSERVATION ACT
_______
December 18, 2024.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Westerman, from the Committee on Natural Resources, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 7408]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 7408) to amend the Pittman-Robertson Wildlife
Restoration Act to make supplemental funds available for
management of fish and wildlife species of greatest
conservation need as determined by State fish and wildlife
agencies, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``America's Wildlife
Habitat Conservation Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Statement of purpose.
Sec. 3. GAO study.
TITLE I--WILDLIFE CONSERVATION AND RESTORATION
Sec. 101. Wildlife Conservation and Restoration Subaccount.
Sec. 102. Technical amendments.
Sec. 103. Savings clause.
TITLE II--TRIBAL WILDLIFE CONSERVATION AND RESTORATION
Sec. 201. Indian Tribes.
TITLE III--CONSERVATION AND MANAGEMENT FOR WILDLIFE REFUGES
Sec. 301. Definitions.
Sec. 302. Good neighbor authority for United States Fish and Wildlife
Service.
Sec. 303. Stewardship end result contracting projects.
Sec. 304. Technical amendments.
TITLE IV--INCENTIVIZING WILDLIFE CONSERVATION ON PRIVATE LANDS
Sec. 401. Candidate Conservation Agreements with Assurances.
Sec. 402. Designation of critical habitat.
Sec. 403. Availability of certain information.
TITLE V--FOREST INFORMATION REFORM
Sec. 501. No additional consultation required.
TITLE VI--PROVIDING FOR GREATER INCENTIVES TO RECOVER LISTED SPECIES
Sec. 601. Protective regulations under Endangered Species Act of 1973.
TITLE VII--RESCISSIONS AND REPEALS
Sec. 701. Rescission of funds.
Sec. 702. Repeal of certain programs.
SEC. 2. STATEMENT OF PURPOSE.
The purpose of this Act is to extend financial and technical
assistance to States, territories, the District of Columbia, and Indian
Tribes, including under the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669 et seq.), for the purpose of restoring habitat on State,
Tribal, Federal, and private lands--
(1) to recover species currently listed as threatened or
endangered under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) or under State law; and
(2) to prevent the need to list species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) or under State
law.
SEC. 3. GAO STUDY.
Not later than 5 years after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a study to
examine the progress of States, territories, the District of Columbia,
and Indian Tribes toward achieving the purpose described in section 2.
TITLE I--WILDLIFE CONSERVATION AND RESTORATION
SEC. 101. WILDLIFE CONSERVATION AND RESTORATION SUBACCOUNT.
(a) In General.--Section 3 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b) is amended--
(1) in subsection (a)--
(A) by striking ``(1) An amount equal to'' and
inserting ``An amount equal to''; and
(B) by striking paragraph (2); and
(2) in subsection (c)--
(A) by inserting after ``(c)'' the following:
``Wildlife Habitat Conservation and Restoration
Subaccount.--'';
(B) by redesignating paragraphs (2) and (3) as
paragraphs (10) and (11); and
(C) by striking paragraph (1) and inserting the
following:
``(1) Definitions.--In this subsection:
``(A) Restoration.--The term `restoration' means the
implementation of conservation actions and practices
that reestablish or enhance environmental conditions
and ecosystem functions that benefit the diversity,
resilience, health, and productivity of plants and
animals.
``(B) Rewilding.--The term `rewilding' means a
restoration approach that prohibits human management
activities and relies only on natural processes to
maintain or improve habitat.
``(C) Territory and territories.--The terms
`territory' and `territories' mean the Commonwealth of
Puerto Rico, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, and the United States
Virgin Islands.
``(2) Establishment of subaccount.--
``(A) In general.--There is established in the fund a
subaccount to be known as the `Wildlife Habitat
Conservation and Restoration Subaccount'.
``(B) Availability.--Amounts in the Subaccount shall
be available until expended, subject to future
appropriations, for apportionment in accordance with
this Act.
``(C) Deposits into subaccount.--Subject to the
availability of appropriations made in advance for such
purposes, the Secretary shall allocate not more than
$300,000,000 to the Subaccount for each of fiscal years
2025 through 2029.
``(D) Treatment of revenue.--Funds received by a
State fish and wildlife department as a result of a
wildlife conservation and restoration program or
project of such department that is carried out on
Federal or State land and funded by the Subaccount
shall be retained and used by such department to carry
out additional authorized wildlife conservation and
restoration programs or projects pursuant to the
America's Wildlife Habitat Conservation Act.
``(E) Sunset.--No funds may be appropriated to the
Subaccount after fiscal year 2029.
``(3) Supplement not supplant.--Amounts transferred to the
Subaccount shall supplement, but not replace, existing funds
available to the States from--
``(A) the funds distributed pursuant to the Dingell-
Johnson Sport Fish Restoration Act (16 U.S.C. 777 et
seq.); and
``(B) the fund.
``(4) Innovation grants.--
``(A) In general.--The Secretary shall distribute 10
percent of amounts in the Subaccount in each fiscal
year through a competitive grant program to State fish
and wildlife departments, the District of Columbia fish
and wildlife department, fish and wildlife departments
of territories, or to regional associations of fish and
wildlife departments (or any group composed of more
than 1 such entity).
``(B) Purpose.--Recipients of a grant issued under
subparagraph (A) shall use such grant funds for the
purpose of catalyzing innovation of techniques, tools,
strategies, or collaborative partnerships that
accelerate, expand, or replicate effective and
measurable recovery efforts for habitat of species of
greatest conservation need and species listed under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
``(C) Review committee.--The Secretary shall appoint
a review committee comprised of--
``(i) 1 State Director from each regional
association of State fish and wildlife
departments;
``(ii) the head of a department responsible
for fish and wildlife management in a
territory;
``(iii) 1 delegate from the United States
Fish and Wildlife Service, for the purpose of
providing technical assistance;
``(iv) 2 individuals who represent 2
different nonprofit organizations, each of
which participated in carrying out wildlife
conservation and restoration activities using
funds apportioned from the Subaccount during
the 5-year period ending on the date of
appointment of such individual; and
``(v) 2 individuals who represent 2 different
nonprofit hunting and fishing organizations who
are each a member of--
``(I) the Hunting and Wildlife
Conservation Council of the Department
of the Interior and Department of
Agriculture and classified as
representing a `wildlife & habitat
conservation/management organization';
or
``(II) the Sport Fishing and Boating
Partnership Council of the Department
of the Interior and classified as
representing a `recreational fishery
resource conservation organization'.
``(D) Support from united states fish and wildlife
service.--Using not more than 3 percent of the amounts
distributed under subparagraph (A) to carry out a
competitive grant program, the United States Fish and
Wildlife Service shall provide any personnel or
administrative support services necessary for such
committee to carry out its responsibilities under this
Act.
``(E) Evaluation.--Such committee shall evaluate each
proposal submitted under this paragraph and recommend
projects for funding, giving preference to solutions
that accelerate the recovery of habitat for species
identified as priorities through regional scientific
assessments of species of greatest conservation need.
``(5) Use of funds.--
``(A) In general.--Funds apportioned from the
Subaccount under paragraph (2)(B)--
``(i) shall be used for purposes and
practices consistent with section 2 of the
America's Wildlife Habitat Conservation Act;
``(ii) shall be used to develop, carry out,
revise, or enhance the Wildlife Conservation
Strategy of a State, territory, or the District
of Columbia, as required under section 4(e), by
carrying out, revising, or enhancing existing
wildlife conservation and restoration programs
or strategies and developing and implementing
new wildlife conservation and restoration
programs or strategies, as determined by the
appropriate State fish and wildlife department;
``(iii) shall be used to assist in the
restoration of habitat for species found in the
State, territory, or the District of Columbia
that are listed as endangered species,
threatened species, candidate species or
species proposed for listing, or species
petitioned for listing under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) or
under State law;
``(iv) may be used for management of animals,
including harvesting;
``(v) may be used for the conservation and
restoration of habitat for species of greatest
conservation need whose range is shared with
another State, territory, Indian Tribe, or
foreign government;
``(vi) may be used to manage, control, and
prevent invasive species, disease, and other
risks to the habitat of species of greatest
conservation need;
``(vii) may be used for forest and vegetation
management activities if a primary purpose of
such activity is to modify, improve, enhance,
or create wildlife habitat or reduce the risk
of damage or destruction to wildlife habitat
due to wildfires, insects, or disease,
including--
``(I) planting, seeding, and
harvesting, including planting,
seeding, and harvesting of native
seeds;
``(II) mechanical thinning;
``(III) prescribed burning;
``(IV) chemical applications designed
to restore natural range variation
including creating and maintaining
early seral communities; and
``(V) prescribed haying and grazing
practices;
``(viii) may be used to carry out voluntary,
collaborative conservation work with willing
landowners consistent with section 2 of the
America's Wildlife Habitat Conservation Act to
keep private lands working; and
``(ix) may be used to provide incentives to
private landowners to carry out habitat
conservation work for threatened and endangered
species or species of greatest conservation
need on the land owned by such private
landowners and to provide financial assistance
or technical assistance to such private
landowners to carry out such work.
``(B) Prohibited uses.--Funds apportioned from the
Subaccount may not be used for--
``(i) rewilding;
``(ii) the reintroduction or management of a
species in a manner not supported by the
applicable State fish and wildlife management
authorities; or
``(iii) climate-focused decisions that lack a
connection to the State comprehensive plan
developed under section 4(e)(1).
``(6) Minimum required spending for endangered species
recovery.--Not less than 15 percent of the total amount
apportioned to a State, territory, or the District of Columbia
from the Subaccount during the period of fiscal years 2025
through 2029 shall be used for purposes described in paragraph
(5)(A)(iii).
``(7) Public access to private lands not required.--
Apportionment of funds from the Subaccount may not be
conditioned upon the provision of public access to private
lands, waters, or holdings.
``(8) Requirements for matching funds.--
``(A) In general.--For the purposes of the non-
Federal fund matching requirement for a wildlife
conservation and restoration program or project funded
by the Subaccount, a State, territory, or the District
of Columbia may use as matching non-Federal funds--
``(i) in-kind contributions of services and
materials;
``(ii) voluntarily donated privately owned
easements;
``(iii) in circumstances described in
subparagraph (B), revenue generated through the
sale of State hunting and fishing licenses; and
``(iv) other sources consistent with part 80
of title 50, Code of Federal Regulations, as in
effect on the date of the enactment of the
America's Wildlife Habitat Conservation Act.
``(B) Circumstances described.--Revenue described in
subparagraph (A)(iii) may only be used to fulfill the
requirements of such non-Federal fund matching
requirement if--
``(i) no Federal funds apportioned to the
State fish and wildlife department of such
State from the Wildlife Restoration Program or
the Sport Fish Restoration Program have been
reverted because of a failure to fulfill such
non-Federal fund matching requirement by such
State during the previous 2 years; and
``(ii) the project or program being funded
benefits the habitat of a species that is a--
``(I) hunted or fished species; and
``(II) species of greatest
conservation need.
``(9) State land acquisition.--Land acquired by a State,
territory, or the District of Columbia using funds apportioned
from the Subaccount--
``(A) may only be purchased from a willing seller;
``(B) may only be so acquired for the purposes
described in paragraph (5)(A)(iii);
``(C) may only be so acquired when no other source of
Department of the Interior funding is available to
purchase such land; and
``(D) shall be open to the public for wildlife-
related outdoor recreation, including hunting,
trapping, fishing, or recreational shooting to the
extent allowed by State law.''.
(b) Allocation and Apportionment of Available Amounts.--Section 4 of
the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is
amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``, after deducting the
amount distributed pursuant to section
3(c)(4),'' after ``Secretary of the Interior
shall'';
(ii) in subparagraph (A)--
(I) by striking ``to the District of
Columbia and to the Commonwealth of
Puerto Rico, each'' and inserting ``To
the District of Columbia''; and
(II) by striking ``one-half'' and
inserting ``one-fourth'';
(iii) in subparagraph (B)--
(I) by striking ``to Guam'' and
inserting ``To Guam''; and
(II) by striking ``not more than one-
fourth of 1 percent'' and inserting
``not less than one-third of 1
percent''; and
(iv) by adding at the end the following:
``(C) To the Commonwealth of Puerto Rico, a sum equal
to not less than 1 percent thereof.'';
(B) in paragraph (2)(A)--
(i) by amending clause (i) to read as
follows:
``(i) half of which is based on the ratio to which
the land and water area of such State bears to the
total land and water area of all such States;'';
(ii) in clause (ii)--
(I) by striking ``two-thirds'' and
inserting ``one-quarter''; and
(II) by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) one quarter of which is based upon the ratio
to which the number of species listed as endangered or
threatened under the Endangered Species Act of 1973 in
such State bears to the total number of such species
listed in all such States.'';
(C) by amending paragraph (2)(B) to read as follows:
``(B) The amounts apportioned under this paragraph shall be
adjusted equitably so that no such State, unless otherwise
designated, shall be apportioned a sum which is less than 1
percent or more than 5 percent of the amount available for
apportionment under--
``(i) subparagraph (A)(i);
``(ii) subparagraph (A)(ii); and
``(iii) the overall amount available for subparagraph
(A).''; and
(D) in paragraph (3), by striking ``3 percent'' and
inserting ``one-third of 1 percent'';
(2) in subsection (e) in paragraph (3), by striking ``75''
and inserting ``90''; and
(3) by adding at the end following:
``(f) Accountability.--
``(1) In general.--Not later than 1 year after the date of
the enactment of the America's Wildlife Habitat Conservation
Act and every 2 years thereafter until the last day of fiscal
year 2029, the head of each State fish and wildlife department
shall submit to the Director of the United States Fish and
Wildlife Service a report describing, with respect to such
department during the preceding 2 years, the following:
``(A) A summary of each activity carried out using
funds apportioned from the Subaccount, including--
``(i) an accounting of the administrative
costs associated with each such activity;
``(ii) an accounting of land acquired, if
any, from willing sellers by each State fish
and wildlife department using funds from the
Subaccount, including--
``(I) the number of acres acquired;
``(II) the endangered species,
threatened species, candidate species
or species proposed for listing, or
species petitioned for listing under
the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) or State law
associated with the land acquired;
``(III) the justification for such
land acquisition; and
``(IV) a detailed explanation
regarding why other sources of funding
were not used for the land acquisition;
and
``(iii) the number of acres of habitat
restored, enhanced, created, or conserved by
each such activity.
``(B) A summary of the results and effectiveness of
each activity carried out using funds apportioned from
the Subaccount, including, if determinable--
``(i) any change in the population trends of
species of greatest conservation need; and
``(ii) any reduction in threats to species of
greatest conservation need.
``(2) Summary report.--The Secretary shall, not later than
180 days after each deadline for the submission of reports
under paragraph (1), submit a report summarizing each report
received by the Secretary under paragraph (1) to--
``(A) the Committee on Environment and Public Works
of the Senate; and
``(B) the Committee on Natural Resources of the House
of Representatives.
``(3) State defined.--In this subsection, the term `State'
includes the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, and the United States Virgin Islands.''.
SEC. 102. TECHNICAL AMENDMENTS.
(a) Definitions.--Section 2 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a) is amended--
(1) in paragraph (7), by striking ``including fish,'';
(2) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(3) in paragraph (9)--
(A) by striking ``section 304(d)'' and inserting
``section 4(e)''; and
(B) by inserting ``Indian Tribes,'' before ``wildlife
conservation organizations''.
(b) Conforming Amendments.--The Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669 et seq.) is amended--
(1) in section 2--
(A) by redesignating paragraphs (6) through (11) as
paragraphs (7) through (12), respectively;
(B) by inserting after paragraph (5) the following:
``(6) the term `species of greatest conservation need' means,
with respect to funds apportioned to a State, terrestrial,
aquatic, or marine fauna or flora that the State fish and
wildlife department of such State determines are--
``(A) of low or declining population; or
``(B) facing threats and in need of conservation
attention;'';
(C) by redesignating paragraphs (8) through (12), as
so redesignated by subparagraph (A) of this paragraph,
as paragraphs (9) through (13), respectively; and
(D) by inserting after paragraph (7), as so
redesignated by subparagraph (A) of this paragraph, the
following:
``(8) the term `Subaccount' means the Wildlife Habitat
Conservation and Restoration Subaccount established by section
3(c)(2)(A);'';
(2) in section 3--
(A) in subsection (c)--
(i) in paragraph (10), as so redesignated by
section 101(a)(2)(B) of this Act, by striking
``or an Indian tribe''; and
(ii) in paragraph (11), as so redesignated by
section 101(a)(2)(B) of this Act--
(I) by striking ``Wildlife
Conservation and Restoration Account''
and inserting ``Subaccount''; and
(II) by striking ``those species with
the greatest conservation need as
defined by the State wildlife
conservation and restoration program''
and inserting ``species of greatest
conservation need''; and
(B) in subsection (d), by striking ``Wildlife
Conservation and Restoration Account'' and inserting
``Subaccount'';
(3) in section 4 (16 U.S.C. 669c)--
(A) in subsection (d)--
(i) in the heading, by striking ``Wildlife
Conservation and Restoration Account'' and
inserting ``Subaccount''; and
(ii) by striking ``Wildlife Conservation and
Restoration Account'' each place it appears and
inserting ``Subaccount''; and
(B) in subsection (e)(1), by striking ``Wildlife
Conservation and Restoration Account'' and inserting
``Subaccount''; and
(4) in section 8 (16 U.S.C. 669g), in subsection (a), by
striking ``Wildlife Conservation and Restoration Account'' and
inserting ``Subaccount''.
SEC. 103. SAVINGS CLAUSE.
The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et
seq.) is amended--
(1) by redesignating section 14 as section 16; and
(2) by inserting after section 13 the following:
``SEC. 14. SAVINGS CLAUSE.
``(a) In General.--Nothing in this Act may be construed to enlarge or
diminish the authority, jurisdiction, or responsibility of a State,
territory, or the District of Columbia to manage, control, or regulate
fish and wildlife on lands and waters within the State, territory, or
the District of Columbia including on Federal lands and waters.
``(b) No Funds Authorized for Dam Removal or Modification.-- None of
the funds made available under this Act may be used to remove a
federally owned dam or modify a federally owned dam in a manner that
reduces storage or diversion capacity.
``(c) Prohibition on Land Transfers.--The Federal Government may not
accept a transfer, donation, or exchange of land or an interest in land
from a State government, a fish and wildlife department of the District
of Columbia or a territory, or a regional association of fish and
wildlife departments if such land or interest in land was purchased
using funds apportioned under this Act.
``(d) Territory Defined.--In this section, the term `territory' has
the meaning given the term in section 3(c)(1).
``SEC. 15. STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA.
``If any conflict arises between any provision of this Act and any
provision of the Alaska National Interest Lands Conservation Act or the
Alaska Native Claims Settlement Act, then the provision in the Alaska
National Interest Lands Conservation Act or the Alaska Native Claims
Settlement Act shall prevail.''.
TITLE II--TRIBAL WILDLIFE CONSERVATION AND RESTORATION
SEC. 201. INDIAN TRIBES.
(a) Definitions.--In this section:
(1) Account.--The term ``Account'' means the Tribal Wildlife
Conservation and Restoration Account established by subsection
(b)(1).
(2) Conservation.--The term ``conservation'' has the meaning
given such term in section 2 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a).
(3) Indian tribe.--The term ``Indian Tribe'' has the meaning
given such term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).
(4) Restoration.--The term ``restoration'' means the
implementation of conservation actions and practices that
reestablish or enhance environmental conditions and ecosystem
functions that benefit the diversity, resilience, health, and
productivity of plants and animals.
(5) Rewilding.--The term ``rewilding'' means a restoration
approach that prohibits human management activities and relies
only on natural processes to maintain or improve habitat.
(6) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(7) Tribal organization.--The term ``Tribal organization''
has the meaning given such term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
(8) Tribal species of greatest conservation need.--The term
``Tribal species of greatest conservation need'' means, with
respect to an Indian Tribe, any terrestrial, aquatic, or marine
fauna or flora that such Indian Tribe determines is--
(A) of low or declining population,
(B) facing threats and in need of conservation
attention; or
(C) of cultural importance to such Indian Tribe.
(9) Wildlife.--The term ``wildlife'' means any species of--
(A) wild, free-ranging fauna, including fish; and
(B) fauna in a captive breeding program the object of
which is to reintroduce individuals of a depleted
indigenous species into previously occupied range of
such species.
(b) Tribal Wildlife Conservation and Restoration Account.--
(1) In general.--There is established in the Treasury an
account to be known as the ``Tribal Wildlife Conservation and
Restoration Account''.
(2) Availability.--Amounts in the Account shall be available
until expended, subject to future appropriations, for each
fiscal year for apportionment in accordance with this section.
(3) Deposits into account.--There is authorized to be
appropriated to the Account $20,000,000 for each of fiscal
years 2025 through 2029.
(4) Sunset.--No funds may be appropriated to the Account
after fiscal year 2029.
(c) Distribution of Amounts to Indian Tribes and Tribal
Organizations.--Each fiscal year, the Secretary shall distribute
amounts in the Account through a noncompetitive grant program according
to guidelines, criteria, and reporting requirements determined by the
Secretary, acting through the Director of the Bureau of Indian Affairs,
in consultation with Indian Tribes and Tribal organizations.
(d) Wildlife Management Responsibilities.--
(1) In general.--The distribution guidelines and criteria
described in subsection (c) shall be based, in part, upon the
wildlife management responsibilities of an Indian Tribe.
(2) Indian tribes and tribal organizations in alaska.--
(A) In general.--Any amounts allocated to an Indian
Tribe or Tribal organization in Alaska under this
section may only be used in a manner consistent with
the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.), the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101 et seq.), and Public
Law 85-508 (commonly known as the ``Alaska Statehood
Act'') (48 U.S.C. note prec. 21).
(B) Cooperative agreements.--An Indian Tribe or
Tribal organization in Alaska may enter into a
cooperative agreement with the State of Alaska
regarding a conservation project of mutual concern.
(e) Use of Amounts.--
(1) In general.--Except as provided in paragraph (2), amounts
distributed to an Indian Tribe or Tribal organization under
subsection (c)--
(A) shall be used for purposes consistent with
section 2;
(B) shall be used to carry out, develop, or enhance
wildlife and habitat conservation and restoration
programs;
(C) shall be used to assist in the restoration of
habitat for species found in the lands and waters of
such Indian Tribe or Tribal organization that are
listed as endangered species, threatened species,
candidate species or species proposed for listing, or
species petitioned for listing under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) or under
State or Tribal law;
(D) may be used for management of animals, including
harvesting;
(E) may be used for the conservation and restoration
of habitat for Tribal species of greatest conservation
need whose range is shared with another State,
territory, Indian Tribe, or foreign government;
(F) may be used to manage, control, and prevent
invasive species, disease, and other risks to the
habitat of Tribal species of greatest conservation
need; and
(G) may be used for forest and vegetation management
activities if the primary purpose of such activity is
to modify, improve, enhance, or create wildlife habitat
or reduce the risk of damage or destruction to wildlife
habitat due to wildfires, insects, or disease,
including--
(i) planting, seeding, and harvesting,
including planting, seeding, and harvesting of
native seeds;
(ii) mechanical thinning;
(iii) prescribed burning;
(iv) chemical applications designed to
restore natural range of variation including
creating and maintaining early seral
communities; and
(v) prescribed haying and grazing practices.
(2) Prohibited uses.--Amounts distributed to an Indian Tribe
or Tribal organization under subsection (c) may not be used
for--
(A) rewilding; or
(B) the reintroduction or management of a species in
a manner not supported by the applicable Tribal fish
and wildlife management authorities.
(f) Matching Requirement.--With respect to any grant issued under
subsection (c) that exceeds $100,000, the Federal share of total costs
of the project funded through such grant may not exceed 90 percent.
(g) Public Access Not Required.--Amounts distributed to an Indian
Tribe or Tribal organization under subsection (c) may not be
conditioned upon the provision of public or non-Tribal access to Tribal
or private lands, waters, or holdings.
(h) Administrative Costs.--Of the amounts deposited under subsection
(b)(3) for each fiscal year, not more than 3 percent may be used by the
Secretary for administrative costs.
(i) Accountability.--
(1) Tribal reports.--Not later than the last day of fiscal
year 2029, each Indian Tribe and Tribal organization that
receives funds under this section shall submit to the Director
of the Bureau of Indian Affairs a report describing, with
respect to such Indian Tribe or Tribal organization during the
preceding 5 years, the following:
(A) A summary of each activity carried out using
funding received under subsection (c), including--
(i) an accounting of the administrative costs
associated with each such activity; and
(ii) the number of acres of habitat restored,
enhanced, or conserved by each such activity.
(B) A summary of the results and effectiveness of
each activity carried out using funding received under
subsection (c), including, if determinable--
(i) any change in the population trends of
species of greatest conservation need; and
(ii) any reduction in threats to species of
greatest conservation need.
(2) Summary report.--The Director of the Bureau of Indian
Affairs shall, not later than 180 days after each deadline for
the submission of reports under paragraph (1), submit a report
summarizing each report received by the Director under
paragraph (1) to--
(A) the Committee on Environment and Public Works of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(j) Savings Clause.--Nothing in this section may be construed as
modifying or abrogating a treaty with any Indian Tribe, or as enlarging
or diminishing the authority, jurisdiction, or responsibility of an
Indian Tribe or Tribal organization to manage, control, or regulate
wildlife.
(k) Statutory Construction With Respect to Alaska.--If any conflict
arises between any provision of this section and any provision of the
Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et
seq.) or the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), then the provision in the Alaska National Interest Lands
Conservation Act or the Alaska Native Claims Settlement Act shall
prevail.
TITLE III--CONSERVATION AND MANAGEMENT FOR WILDLIFE REFUGES
SEC. 301. DEFINITIONS.
In this title:
(1) Authorized recreation services.--The term ``authorized
recreation services'' means similar and complementary
recreation enhancement or improvement services carried out--
(A) on lands and waters administered by the United
States Fish and Wildlife Service, non-Federal land, or
lands and waters owned by or held in trust for an
Indian Tribe; and
(B) by the Secretary or a Governor, Indian Tribe, or
county, as applicable, pursuant to a good neighbor
agreement.
(2) Authorized restoration services.--The term ``authorized
restoration services'' means similar and complementary forest,
rangeland, and watershed restoration services--
(A) carried out--
(i) on lands and waters administered by the
United States Fish and Wildlife Service, non-
Federal land, or lands and waters owned by an
Indian Tribe; and
(ii) by the Secretary or a Governor, Indian
Tribe, or county, as applicable, pursuant to a
good neighbor agreement; and
(B) in the case of forest, rangeland, and watershed
restoration services carried out on lands and waters
administered by the United States Fish and Wildlife
Service, such services shall be consistent with the
purposes for which such lands were established.
(3) County.--The term ``county'' means--
(A) the appropriate executive official of an affected
county or parish; or
(B) in any case in which multiple counties or
parishes are affected, the appropriate executive
official of a compact of the affected counties or
parishes.
(4) Forest, rangeland, and watershed restoration services.--
(A) The term ``forest, rangeland, and watershed
restoration services'' means--
(i) activities to reduce hazardous fuels;
(ii) activities to restore or improve fish,
wildlife, and their habitats;
(iii) activities to remove vegetation or
other activities to promote healthy forest
structure and composition;
(iv) activities to treat insect- or disease-
infected trees;
(v) activities to control noxious or exotic
weeds;
(vi) activities to reestablish native plant
species;
(vii) activities to maintain a road or trail
to restore or maintain water quality;
(viii) any other activities to restore or
improve forest, rangeland, and watershed
health, including fish and wildlife habitat; or
(ix) any combination of activities described
in clauses (i) through (viii).
(B) The term ``forest, rangeland, and watershed
restoration services'' does not include--
(i) construction, reconstruction, repair, or
restoration of paved roads or parking areas,
other than--
(I) activities described in
subparagraph (A)(vii); or
(II) the reconstruction, repair, or
restoration of a National Wildlife
Refuge System road or other road on
United States Fish and Wildlife Service
land that is necessary to carry out
authorized restoration services
pursuant to a good neighbor agreement;
or
(ii) construction, alteration, repair, or
replacement of public buildings or works.
(5) Good neighbor agreement.--The term ``good neighbor
agreement'' means a cooperative agreement or contract,
including a sole source contract, entered into between the
Secretary and a Governor, Indian Tribe, or county, as
applicable, to carry out authorized recreation services or
authorized restoration services.
(6) Governor.--The term ``Governor'' means the Governor or
any other appropriate executive official of an affected State,
Indian Tribe, or territory or possession of the United States.
(7) Indian tribe.--The term ``Indian Tribe'' has the meaning
given such term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).
(8) Recreation enhancement or improvement services.--The term
``recreation enhancement or improvement services'' means--
(A) establishing, repairing, restoring, improving,
relocating, constructing, or reconstructing new or
existing--
(i) trails or trailheads;
(ii) picnic areas or other day use areas;
(iii) restroom or shower facilities;
(iv) shooting ranges;
(v) paved or permanent roads or parking areas
that serve existing recreation facilities or
areas;
(vi) fishing piers, wildlife viewing
platforms, docks, or other constructed features
at a recreation site;
(vii) boat landings;
(viii) hunting or fishing sites;
(ix) visitor centers or other interpretative
sites; or
(x) levees and drainage structures to improve
wetland habitat; and
(B) activities that create, improve, or restore
access to existing recreation facilities or areas.
(9) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the United States
Fish and Wildlife Service.
SEC. 302. GOOD NEIGHBOR AUTHORITY FOR UNITED STATES FISH AND WILDLIFE
SERVICE.
(a) In General.--The Secretary may enter into a good neighbor
agreement with a Governor, Indian Tribe, or county to carry out
authorized restoration services or authorized recreation services in
accordance with this title.
(b) Restoration Activities Requiring Timber Sales.--
(1) Approval of silviculture prescriptions and marking
guides.--The Secretary shall provide or approve all
silviculture prescriptions and marking guides to be applied on
Federal land in all timber sale projects conducted under this
section.
(2) Treatment of restoration services revenue.--Funds
received from the sale of timber by a Governor, Indian Tribe,
or county under a good neighbor agreement shall be retained and
used by the Governor, Indian Tribe, or county, as applicable--
(A) to carry out authorized restoration services
under the good neighbor agreement; and
(B) if there are funds remaining after carrying out
subparagraph (A), to carry out authorized restoration
services or authorized recreation services under other
good neighbor agreements.
(3) Termination of authority.--The authority provided under
paragraph (2) shall terminate on October 1, 2032.
(c) Recreation Services Fees.--Nothing in this title may be construed
to allow a Governor, Indian Tribe, or county to charge entrance,
standard amenity, or expanded amenity fees on National Wildlife Refuge
System lands and waters as described in section 803 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6802).
(d) Retention of National Environmental Protection Act of 1969
Responsibilities.--Any decision required to be made under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect
to any authorized restoration services or authorized recreation
services carried out under this section on lands and waters
administered by the United States Fish and Wildlife Service may not be
delegated to a Governor, Indian Tribe, or county.
(e) Public Availability.--The Secretary shall make each good neighbor
agreement available to the public.
(f) Exclusions.--The authority provided by this section does not
apply to--
(1) a component of the National Wilderness Preservation
System;
(2) Federal land on which the removal of vegetation is
prohibited or restricted by an Act of Congress or a
Presidential proclamation (including the applicable
implementation plan); or
(3) a wilderness study area.
SEC. 303. STEWARDSHIP END RESULT CONTRACTING PROJECTS.
(a) In General.--The Secretary, through an agreement or contract, as
appropriate, may enter into stewardship contracting projects with a
private person or other public or private entity to perform forest,
rangeland, and watershed restoration services on lands and waters
administered by the United States Fish and Wildlife Service that meet
local and rural community needs.
(b) Agreements or Contracts.--
(1) Procurement procedure.--A source for performance or an
agreement or contract entered into under subsection (a) shall
be selected on a best-value basis, including consideration of
source under other public and private agreements or contracts.
(2) Contract for sale of timber or forest products.--A
contract entered into under this section may, at the discretion
of the Secretary, be considered a contract for the sale of
timber or forest products under such terms as the Secretary may
prescribe without regard to any other provision of law.
(3) Term.--The Secretary may enter into an agreement or
contract under subsection (a) for an initial period of not more
than 20 years.
(4) Offsets.--
(A) In general.--The Secretary may apply the value of
timber or forest products removed as an offset against
the cost of forest, rangeland, and watershed
restoration services received pursuant to an agreement
or contract under this section.
(B) Value of offset.--The value of timber or other
forest products used as an offset--
(i) shall be determined using appropriate
methods of appraisal commensurate with the
quantity of products to be removed; and
(ii) may--
(I) be determined using a unit of
measure appropriate to the contracts;
and
(II) may include valuing products on
a per-acre basis.
(C) Contracting officer.--Notwithstanding any other
provision of law, the Secretary may determine the
appropriate contracting officer to enter into and
administer an agreement or contract under this section.
(c) Receipts.--
(1) In general.--The Secretary may collect monies from an
agreement or contract under this section if the collection is a
secondary objective of negotiating the contract that will best
achieve the purpose of this section.
(2) Disposition and availability of moneys.--Monies from an
agreement or contract under this section shall remain available
until expended for forest, rangeland, and watershed restoration
services at the project site from which the monies are
collected, or at another project site.
(d) Relation to Other Laws.--Notwithstanding any other provision of
law, the value of services received by the Secretary under a
stewardship contract project conducted under this section, and any
payments made or resources provided by the contractor or Secretary,
shall not be considered monies received from United States Fish and
Wildlife Service lands.
(e) Costs of Removal.--Notwithstanding the fact that a contractor did
not harvest the timber or forest product, the Secretary may collect
deposits from a contractor covering the costs of removal of timber or
other forest products.
(f) Performance and Payment Guarantees.--
(1) In general.--The Secretary may require performance and
payment bonds under sections 28.103-2 and 28.103-3 of the
Federal Acquisition Regulation, in an amount that the
contracting officer considers sufficient to protect the
investment in receipts by the Federal Government generated by
the contractor from the estimated value of the forest products
to be removed under a contract under this section.
(2) Excess offset value.--If the offset value of the timber
or forest products exceeds the value of the resource
improvement treatments, the Secretary may--
(A) use the excess to satisfy any outstanding
liabilities from cancelled agreements or contracts; or
(B) if there are no outstanding liabilities described
in subparagraph (A), apply the excess to other
authorized stewardship projects.
(g) Cancellation Ceilings.--Notwithstanding section 3903(b)(1) of
title 41, United States Code, the Secretary may obligate funds in
stages that are economically or programmatically viable to cover any
potential cancellation or termination costs for an agreement or
contract under this section.
(h) Monitoring and Evaluation.--
(1) In general.--The Secretary shall establish a monitoring
and evaluation process that accesses the stewardship
contracting projects conducted under this section.
(2) Participants.--Other than the Secretary, participants in
the process described in this paragraph may include--
(A) any cooperating governmental agencies, including
Tribal governments; and
(B) other interested groups or individuals.
SEC. 304. TECHNICAL AMENDMENTS.
(a) Good Neighbor Authority.--Section 8206 of the Agricultural Act of
2014 (16 U.S.C. 2113a) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B), by inserting ``, Indian
tribe,'' after ``Governor'';
(B) in paragraph (3)(A)--
(i) in clause (i), by striking ``or'' at the
end;
(ii) in clause (iii), by striking ``; or'' at
the end and inserting a period; and
(iii) by striking clause (iv).
(C) in paragraph (4)(B)(i), by striking ``National
Park Service, or National Wildlife Refuge'' and
inserting ``or National Park Service'';
(D) in paragraph (5), by inserting ``, Indian
tribe,'' after ``Governor''; and
(E) in paragraph (6), by striking ``or Indian
tribe''; and
(2) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``, Indian
tribe,'' after ``Governor'';
(B) in paragraph (2)(C)--
(i) by amending clause (i) to read as
follows:
``(i) In general.--Funds received from the
sale of timber by a Governor, Indian tribe, or
county under a good neighbor agreement shall be
retained and used by the Governor, Indian
tribe, or county, as applicable--
``(I) to carry out authorized
restoration services under the good
neighbor agreement; and
``(II) if there are funds remaining
after carrying out subclause (I), to
carry out authorized restoration
services under other good neighbor
agreements.''; and
(ii) in clause (ii), by striking ``2024'' and
inserting ``2029'';
(C) in paragraph (3), by inserting ``, Indian
tribe,'' after ``Governor''; and
(D) by striking paragraph (4).
(b) Applicability.--The amendments made by this title apply to any
project initiated pursuant to a good neighbor agreement (as defined in
8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a))--
(1) before the date of the enactment of this Act, if the
project was initiated after the date of the enactment of the
Agriculture Improvement Act of 2018 (Public Law 115-334); or
(2) on or after the date of the enactment of this Act.
TITLE IV--INCENTIVIZING WILDLIFE CONSERVATION ON PRIVATE LANDS
SECTION 401. CANDIDATE CONSERVATION AGREEMENTS WITH ASSURANCES.
(a) Listing Determinations.--Section 4(b)(1) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(b)(1)) is amended by adding at the
end the following:
``(C) Candidate conservation agreements with
assurances.--In making a determination under subsection
(a)(1) with respect to a species, the Secretary shall
take into account and document the effect of any net
conservation benefit (as that term is defined in
section 10(k)) of any Candidate Conservation Agreement
with Assurances or any programmatic Candidate
Conservation Agreement with Assurances (as those terms
are defined in that subsection) relating to such
species.''.
(b) Candidate Conservation Agreements With Assurances.--Section 10 of
the Endangered Species Act of 1973 (16 U.S.C. 1539) is amended by
adding at the end the following:
``(k) Candidate Conservation Agreements With Assurances.--
``(1) Proposed agreement.--A covered party may submit a
proposed Agreement to the Secretary.
``(2) Approval.--Not later than 120 days after the date of
the receipt of a proposed Agreement under paragraph (1), the
Secretary shall approve the proposed Agreement if the Secretary
determines that the proposed Agreement--
``(A) sets forth specific management activities that
the covered party will undertake to conserve the
covered species;
``(B) provides a positive estimate of the net
conservation benefit of such management activities to
the covered species;
``(C) describes, to the maximum extent practicable,
the existing population levels of the covered species
or the existing quality of habitat;
``(D) includes a monitoring plan to be carried out by
the parties to the Agreement; and
``(E) provides assurances to the covered party that
no additional conservation measures will be required
and additional land, water, or resource use
restrictions will not be imposed on the covered party
if the covered species becomes listed after the
effective date of such Agreement.
``(3) Denial.--Not later than 120 days after the date of the
receipt of a proposed Agreement under paragraph (1), the
Secretary shall--
``(A) deny the proposed Agreement if the Secretary
determines that the proposed Agreement does not meet
the requirements described in paragraph (2); and
``(B) provide the submitting covered party a written
explanation for such determination and the adjustments
required for the Secretary to approve such proposed
Agreement.
``(4) Programmatic candidate conservation agreement with
assurances.--
``(A) In general.--The Secretary may enter into a
Candidate Conservation Agreement with Assurances with a
covered party that authorizes such covered party--
``(i) to administer such Candidate
Conservation Agreement with Assurances;
``(ii) to hold any permit issued under this
section with regard to such Candidate
Conservation Agreement with Assurances;
``(iii) to enroll other covered parties
within the area covered by such Candidate
Conservation Agreement with Assurances in such
Candidate Conservation Agreement with
Assurances; and
``(iv) to convey any permit authorization
held by such covered party under clause (ii) to
each covered party enrolled under clause (iii).
``(B) Publication.--Upon receipt of a proposed
programmatic Candidate Conservation Agreement with
Assurances under paragraph (1) and before approving or
denying such a proposed programmatic Candidate
Conservation Agreement with Assurances under paragraph
(2) or (3), respectively, the Secretary shall--
``(i) not later than 30 days after the date
of such receipt, publish the proposed
programmatic Candidate Conservation Agreement
with Assurances in the Federal Register for
public comment for a period of not less than 60
days;
``(ii) review any comments received under
clause (i); and
``(iii) after the close of the public comment
period for the proposed programmatic Candidate
Conservation Agreement with Assurances, publish
in the Federal Register--
``(I) any comments received under
clause (i); and
``(II) the approval or denial of the
proposed programmatic Candidate
Conservation Agreement with Assurances
under paragraph (2) or (3),
respectively.
``(5) Incidental take authorization.--If a covered species is
listed under section 4, the Secretary shall issue a permit to
the relevant covered party under this section allowing
incidental take of and modification to the habitat of such
covered species consistent with the Agreement.
``(6) Technical assistance.--The Secretary shall, upon
request, provide a covered party with technical assistance in
developing a proposed Agreement.
``(7) Applicability to federal land.--An Agreement may apply
to a covered party that conducts activities on land
administered by any Federal agency pursuant to a permit or
lease issued to the covered party by that Federal agency.
``(8) Exemption from consultation requirement.--An Agreement
approved under this subsection shall be deemed to have been
granted an exemption under section 7(h) for the purposes of
that section.
``(9) Exemption from disclosure.--Information submitted by a
private party to the Secretary under this subsection shall be
exempt from disclosure under section 552(b)(3)(B) of title 5,
United States Code.
``(10) Definitions.--In this subsection:
``(A) Agreement.--The term `Agreement' means--
``(i) a Candidate Conservation Agreement with
Assurances; or
``(ii) a programmatic Candidate Conservation
Agreement with Assurances.
``(B) Candidate conservation agreement with
assurances.--The term `Candidate Conservation Agreement
with Assurances' means any voluntary agreement,
including a conservation benefit agreement, between the
Secretary and a covered party in which--
``(i) the covered party commits to
implementing mutually agreed upon conservation
measures for a candidate species; and
``(ii) the Secretary provides assurances
that, if such candidate species is listed
pursuant to section 4--
``(I) the covered party shall incur
no additional obligations beyond
actions agreed to in the agreement with
respect to conservation activities
required under this Act; and
``(II) no additional land, water, or
resource use restrictions shall be
imposed on the covered party beyond
those included in the agreement.
``(C) Candidate species.--The term `candidate
species' means a species--
``(i) designated by the Secretary as a
candidate species under this Act; or
``(ii) proposed to be listed pursuant to
section 4.
``(D) Covered party.--The term `covered party' means
a--
``(i) party that conducts activities on land
administered by a Federal agency pursuant to a
permit or lease issued to the party;
``(ii) private property owner;
``(iii) county;
``(iv) State or State agency; or
``(v) Tribal government.
``(E) Covered species.--The term `covered species'
means, with respect to an Agreement, the species that
is the subject of such Agreement.
``(F) Net conservation benefit.--The term `net
conservation benefit' means the net effect of an
Agreement, determined by comparing the existing
situation of the candidate species without the
Agreement in effect and a situation in which the
Agreement is in effect, on a candidate species,
including--
``(i) the net effect on threats to such
species;
``(ii) the net effect on the number of
individuals of such species; or
``(iii) the net effect on the habitat of such
species.
``(G) Programmatic candidate conservation agreement
with assurances.--The term `programmatic Candidate
Conservation Agreement with Assurances' means a
Candidate Conservation Agreement with Assurances
described in paragraph (4)(A).''.
SEC. 402. DESIGNATION OF CRITICAL HABITAT.
Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C.
1533(a)(3)) is amended by adding at the end the following:
``(C) Privately owned or controlled land.--The
Secretary may not designate as critical habitat under
subparagraph (A) any privately owned or controlled land
or other geographical area that is subject to a land
management plan that--
``(i) the Secretary determines is similar in
nature to an integrated natural resources
management plan described in section 101 of the
Sikes Act (16 U.S.C. 670a);
``(ii)(I) is prepared in cooperation with the
Secretary and the head of each applicable State
fish and wildlife agency of each State in which
such land or other geographical area is
located; or
``(II) is submitted to the Secretary
in a manner that is similar to the
manner in which an applicant submits a
conservation plan to the Secretary
under section 10(a)(2)(A);
``(iii) includes an activity or a limitation
on an activity that the Secretary determines
will likely conserve the species concerned;
``(iv) the Secretary determines will result
in--
``(I) an increase in the population
of the species concerned above the
population of such species on the date
that such species is listed as
threatened or endangered; or
``(II) maintaining the same
population of such species on the land
or other geographical area as the
population that would likely occur if
such land or other geographical area is
designated as critical habitat; and
``(v) to the maximum extent practicable, will
minimize and mitigate the impacts of any
activity that will likely result in an
incidental taking of the species concerned.''.
SEC. 403. AVAILABILITY OF CERTAIN INFORMATION.
(a) In General.--Except as provided in subsection (b), information
regarding the occurrence of, including the specific location of, a
species of fish or wildlife or plant may not be made available to the
public under section 552 of title 5, United States Code.
(b) Exception.--
(1) Voluntary public disclosure of occurrences on federal
land.--The Secretary may make publicly available information
described in subsection (a) with respect to Federal land.
(2) Sharing information with particular entities.--
(A) In general.--The Secretary may make available, to
an entity listed in subparagraph (B), information
described in subsection (a) upon receipt--
(i) of a written request submitted by that
entity; and
(ii) written permission from each owner or
manager of the land or water within which the
species of fish or wildlife or plant occurs.
(B) Entities.--An entity referred to in clause (i)
is--
(i) a Federal agency;
(ii) a State governmental agency;
(iii) an Indian Tribe (as such term is
defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 5304));
(iv) a bona fide educational or research
institution; or
(v) a landowner or land manager of privately
owned land.
(C) Requirements.--A written request submitted under
subparagraph (A) by an entity listed in subparagraph
(B) shall--
(i) describe the specific site or area for
which information described in subsection (a)
is sought;
(ii) explain the purpose for which such
information is sought; and
(iii) describe the manner and degree to which
the entity is able to maintain the
confidentiality of such information.
TITLE V--FOREST INFORMATION REFORM
SEC. 501. NO ADDITIONAL CONSULTATION REQUIRED.
(a) Forest Service Plans.--Section 6(d)(2) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1604(d)(2)) is amended to read as follows:
``(2) No additional consultation required under certain
circumstances.--Notwithstanding any other provision of law, the
Secretary shall not be required to reinitiate consultation
under section 7(a)(2) of the Endangered Species Act of 1973 (16
U.S.C. 1536(a)(2)) or section 402.16 of title 50, Code of
Federal Regulations (or a successor regulation), on a land
management plan approved, amended, or revised under this
section when--
``(A) a new species is listed or critical habitat is
designated under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); or
``(B) new information reveals effects of the land
management plan that may affect a species listed or
critical habitat designated under that Act in a manner
or to an extent not previously considered.''.
(b) Bureau of Land Management Plans.--Section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712) is amended by adding
at the end the following:
``(g) No Additional Consultation Required Under Certain
Circumstances.--Notwithstanding any other provision of law, the
Secretary shall not be required to reinitiate consultation under
section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C.
1536(a)(2)) or section 402.16 of title 50, Code of Federal Regulations
(or a successor regulation), on a land use plan approved, amended, or
revised under this section when--
``(1) a new species is listed or critical habitat is
designated under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); or
``(2) new information reveals effects of the land use plan
that may affect a species listed or critical habitat designated
under that Act in a manner or to an extent not previously
considered.''.
TITLE VI--PROVIDING FOR GREATER INCENTIVES TO RECOVER LISTED SPECIES
SEC. 601. PROTECTIVE REGULATIONS UNDER ENDANGERED SPECIES ACT OF 1973.
(a) Amendment to Definition.--Section 3(3) of the Endangered Species
Act of 1973 (16 U.S.C. 1532(3)) is amended by striking ``and
transplantation, and, in the extraordinary case where population
pressures within a given ecosystem cannot be otherwise relieved, may
include'' and inserting ``transplantation, and, at the discretion of
the Secretary,''.
(b) Protective Regulations.--Section 4 of the Endangered Species Act
of 1973 (16 U.S.C. 1533) is amended--
(1)
``(d) Protective Regulations.--
``(1) In general.--Whenever any species is listed as a
threatened species pursuant to subsection (c), the Secretary
shall issue such regulations as are necessary and advisable to
provide for the conservation of that species.
``(2) Recovery goals.--If the Secretary issues a regulation
under paragraph (1) that prohibits an act described in section
9(a), the Secretary shall, with respect to the species that is
the subject of such regulation--
``(A) establish objective, incremental recovery
goals;
``(B) provide for the stringency of such regulation
to decrease as such recovery goals are met; and
``(C) provide for State management within such State,
if such State is willing to take on such management,
beginning on the date on which the Secretary determines
all such recovery goals are met and, if such recovery
goals remain met, continuing until such species is
removed from the list of threatened species published
pursuant to subsection (c).
``(3) Cooperative agreement.--A regulation issued under
paragraph (1) that prohibits an act described in section
9(a)(1) with respect to a resident species shall apply with
respect to a State that has entered into a cooperative
agreement with the Secretary pursuant to section 6(c) only to
the extent that such regulation is adopted by such State.
``(4) State recovery strategy.--
``(A) In general.--A State may develop a recovery
strategy for a threatened species or a candidate
species and submit to the Secretary a petition for the
Secretary to use such recovery strategy as the basis
for any regulation issued under paragraph (1) with
respect to such species within such State.
``(B) Approval or denial of petition.--Not later than
120 days after the date on which the Secretary receives
a petition submitted under subparagraph (A), the
Secretary shall--
``(i) approve such petition if the recovery
strategy is reasonably certain to be
implemented by the petitioning State and to be
effective in conserving the species that is the
subject of such recovery strategy; or
``(ii) deny such petition if the requirements
described in clause (i) are not met.
``(C) Publication.--Not later than 30 days after the
date on which the Secretary approves or denies a
petition under subparagraph (B), the Secretary shall
publish such approval or denial in the Federal
Register.
``(D) Denial of petition.--
``(i) Written explanation.--If the Secretary
denies a petition under subparagraph (B), the
Secretary shall include in such denial a
written explanation for such denial, including
a description of the changes to such petition
that are necessary for the Secretary to approve
such petition.
``(ii) Resubmission of denied petition.--A
State may resubmit a petition that is denied
under subparagraph (B).
``(E) Use in protective regulations.--If the
Secretary approves a petition under subparagraph (B),
the Secretary shall--
``(i) issue a regulation under paragraph (1)
that adopts the recovery strategy as such
regulation with respect to the species that is
the subject of such recovery strategy within
the petitioning State; and
``(ii) establish objective criteria to
evaluate the effectiveness of such recovery
strategy in conserving such species within such
State.
``(F) Revision.--If a recovery strategy that is
adopted as a regulation issued under paragraph (1) is
determined by the Secretary to be ineffective in
conserving the species that is the subject of such
recovery strategy in accordance with the objective
criteria established under subparagraph (E)(ii) for
such recovery strategy, the Secretary shall revise such
regulation and reissue such regulation in accordance
with paragraph (1).''; and
(2) in subsection (f)(1)(B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iv) with respect to an endangered species,
objective, incremental recovery goals in accordance
with subsection (d)(2)(A) for use under that subsection
if such endangered species is changed in status from an
endangered species to a threatened species under
subsection (c)(2)(B)(ii).''.
TITLE VII--RESCISSIONS AND REPEALS
SEC. 701. RESCISSION OF FUNDS.
(a) In General.--Any unobligated covered funds are hereby rescinded.
(b) Covered Funds Defined.--In this section, the term ``covered
funds'' means--
(1) any funds appropriated or otherwise made available by
sections 40002, 50224, 50232, 60401, and 60402 of Public Law
117-169 (commonly known as the ``Inflation Reduction Act'');
and
(2) $700,000,000 of the $2,600,000,000 appropriated to the
National Oceanic and Atmospheric Administration in section
40001 of Public Law 117-169 (commonly known as the ``Inflation
Reduction Act'').
SEC. 702. REPEAL OF CERTAIN PROGRAMS.
The following sections of division AA of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) are repealed (and by
conforming the items in the table of contents accordingly):
(1) Section 507 (16 U.S.C. 4701 note).
(2) Section 508 (16 U.S.C. 742b note).
(3) Section 510 (16 U.S.C. 742b note).
Purpose of the Legislation
The purpose of H.R. 7408 is to amend the Pittman-Robertson
Wildlife Restoration Act to make supplemental funds available
for management of fish and wildlife species of greatest
conservation need as determined by State fish and wildlife
agencies, and for other purposes.
Background and Need for Legislation
For over 80 years, our nation's sportsmen and women have
been the primary funders of fish and wildlife conservation in
the United States through a ``user pays--public benefits''
structure known as the ``American System of Conservation
Funding.''\1\ Last year, the Department of the Interior
announced that more than $1.6 billion in funding was generated
by sportsmen and women through excise taxes on recreational
shooting, hunting, fishing, and boating equipment.\2\
---------------------------------------------------------------------------
\1\``The American System of Conservation Funding.'' Association of
Fish & Wildlife Agencies. https://www.fishwildlife.org/afwa-informs/
resources/american-system-conservation-funding
\2\``Over $1.6 Billion Will Support State Fish and Wildlife
Conservation and Outdoor Access.'' U.S. Fish and Wildlife Service. 03/
13/23. https://www.fws.gov/press-release/2023-03/over-16-billion-will-
support-conservation-agencies-and-outdoor-access
---------------------------------------------------------------------------
However, as our nation's state fish and wildlife agencies
face ever-increasing conservation challenges, including an
increasingly inflexible and ineffective Endangered Species Act
(ESA), new funding sources alone are not enough to address
these needs. They must be coupled with meaningful reforms to
the federal regulatory scheme. The ``America's Wildlife Habitat
Conservation Act'' (AWHCA) addresses both issues by providing
states, territories, and tribes with additional resources
necessary to carry out habitat restoration projects vital to
preventing the listing of species and accelerating the
delisting of species under the ESA.
In 2000, Congress called upon states to develop State
Wildlife Action Plans (SWAPs), to serve as a blueprint for
identifying each state and territory's unique conservation
needs. According to the Association of Fish and Wildlife
Agencies, the SWAPs of the fifty states and the U.S.
territories contain the latest science and information to guide
the conservation of over 12,000 species that states consider to
be of greatest conservation need.\3\ These SWAPs were most
recently revised in 2015, with the next major revision to be
completed by 2025.
---------------------------------------------------------------------------
\3\``State Wildlife Action Plans.'' Association of Fish and
Wildlife Agencies. State Wildlife Action Plans: Association of Fish &
Wildlife Agencies (fishwildlife.org).
---------------------------------------------------------------------------
That same year, Congress also created the State Wildlife
Grant Program to provide critical funding to state and
territory fish and wildlife agencies to implement their SWAPs
to conserve at-risk fish and wildlife.\4\ In Fiscal Year (FY)
2023, states received a total of $67.6 million through this
grant program.\5\ The formula used for apportionment to each
state is one-third based on the total land area of the state
and two-thirds based on the population of each state.\6\
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\4\``The State and Tribal Wildlife Grant Programs: 20 Years of
Conservation Success.'' September 2020, U.S. Fish & Wildlife Service.
https://www.fishwildlife.org/application/files/2616/0087/6829/
STWG_2020_Report_Final.pdf.
\5\Public Law 117-328.
\6\``About State Wildlife Action Plans.'' Origins of the State
Wildlife Action Plans. University of Michigan Department of Natural
Resources and Environment. State Wildlife Action Plans (umich.edu).
---------------------------------------------------------------------------
Title one of the AWHCA replaces the existing State Wildlife
Grants Program by creating a Wildlife Habitat Conservation and
Restoration subaccount under the Pittman-Roberston Act. This
grant program would be authorized at no more than $300 million
per fiscal year for five years. Funding would be apportioned to
states based on a new formula: one-half based on the land area
of the state, one-quarter based on the state's population, and
one-quarter based on the number of species listed under the ESA
within that state. This change to the existing formula will
allow for funding to get to the places where it is needed most.
The funding authorized by the AWHCA must be used to carry
out the state's SWAP and to restore habitat for species that
are listed under the ESA or by state law. Funds may also be
used for other habitat restoration projects, such as forest
management projects that result in the restoration of wildlife
habitat for species of greatest conservation need and projects
to remove invasive species that are damaging habitat for
species of greatest conservation need. Grants may also be used
for collaboration with and providing technical assistance for
private landowners to conserve and restore wildlife habitat on
private lands.
Title two of the AWHCA creates a new noncompetitive Tribal
Wildlife Conservation and Restoration Grant Program, authorized
at no more than $20 million annually for five years. Tribes
would use these funds to develop and implement habitat
conservation and restoration programs on tribal lands, as well
as habitat restoration projects for ESA-listed species on
tribal lands. In addition, funds could be used for other
habitat restoration projects, such as forest management
projects that result in the restoration of wildlife habitat for
tribal species of greatest conservation need and projects to
remove invasive species that are damaging habitat for tribal
species of greatest conservation need.
This program replaces the current Tribal Wildlife Grants
Program. This program was authorized in the FY 2002 Department
of the Interior and Related Agencies Appropriations Act (Public
Law 107-63), which specified that the Fish and Wildlife Service
(FWS) must set aside funds from the Wildlife Grants Program to
establish a competitive grant program available to federally
recognized tribes.\7\ In FY 2023, Congress specified that $6.2
million dollars be set aside for this program.\8\
---------------------------------------------------------------------------
\7\``FWS-NNA National Native American Programs Office.'' FY 2023
Tribal Wildlife Grants Program Funding Opportunity. FY 2023. FY 2023
Tribal Wildlife Grants (TWG) Program Funding Opportunity Announcement
(fws.gov).
\8\Public Law 117-328.
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Title three of the AWHCA would grant Good Neighbor
Authority (GNA) and Shared Stewardship Contracting Authority to
the FWS. In successive budget requests to Congress, the FWS has
requested GNA and Shared Stewardship Contracting Authority to
aid them in better managing the National Wildlife Refuge System
(System).\9\ Under GNA authority, states, counties, and tribes
can enter into agreements with FWS, known as Good Neighbor
Agreements, to conduct restoration projects such as fuels
reduction, habitat improvement, and road restoration. GNA is
intended to promote collaboration between these entities and
the federal agencies to carry out restoration work across
jurisdictions. Additionally, the bill gives the FWS the
authority to build outdoor recreation infrastructure projects
through GNA. Many states and local entities have expressed the
desire to upgrade federal recreation infrastructure but are
prevented from doing so. This provision would cut the
bureaucratic red tape to allow infrastructure upgrades to
proceed more expeditiously. Shared Stewardship Contracting
Authority would allow the FWS to partner with non-profit
organizations and private companies to aid in the management of
refuges, mainly on timber management and wildlife habitat
restoration projects.
---------------------------------------------------------------------------
\9\``Budget Justifications and Performance Information Fiscal Year
2024.'' The United States Department of the Interior. U.S. Fish and
Wildlife Service. Page EX-10. fy2024-fws-greenbook.pdf-508.pdf.
---------------------------------------------------------------------------
Title four of the AWHCA makes necessary reforms to the ESA
that strive to incentivize wildlife conservation on private
lands. This is done in several ways. First, the bill codifies
into law Candidate Conservation Agreements (CCAs) and Candidate
Conservation Agreements with Assurances (CCAAs). These
agreements allow private landowners to commit to implementing
voluntary actions designed to reduce threats to a species that
is a candidate to be listed under the ESA. In return, if the
species is listed, landowners who are a part of the agreement
would be able to continue their operations should a listing
take place. AWHCA also requires the FWS and National Marine
Fisheries Service (NMFS) (Services) to take the conservation
benefit of these agreements into account when making listing
decisions.
Title four also prohibits the Services from designating
critical habitat on private lands that are implementing habitat
conservation and restoration actions designed to conserve the
species in question and approved by the Services. This language
mirrors language from the Sikes Act (16 U.S.C. 670a), which
prevents critical habitat designations on lands controlled by
the Department of Defense if those lands are implementing
approved habitat conservation measures.
Title five of the AWHCA is a legislative fix to the Ninth
Circuit Court of Appeals ruling in Cottonwood Environmental Law
Center v. United States Forest Service (Cottonwood). This
ruling stated that the United States Forest Service (USFS) must
reinitiate ESA consultation on completed forest plans when a
new species is listed, when critical habitat is designated, or
when new information is brought forward.\10\ The result of this
ruling has led to significant challenges for the USFS'
management of National Forest System lands, especially in
Region 1 (North Idaho, Montana, and part of northeastern
Washington). According to the USFS, ``the cumulative cost to
fully complete the backlog of consultations could exceed
$23,000,000 with an average estimated cost per plan of $264,367
based on 87 plans currently identified.''\11\ Resolving this
issue is critically important for the protection of our
nation's forests and public lands and the prioritization of
critical agency resources.
---------------------------------------------------------------------------
\10\Cottonwood Environmental Law Center v. U.S. Forest Service, No.
13-35624 (9th Cir. 2015).
\11\Chris French, Questions for the Record, House Committee on
Natural Resources, March 23, 2023. https://docs.house.gov/meetings/II/
II10/20230323/115529/HHRG-118-II10-20230323-SD050.pdf.
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Title six of the AWHCA contains reform to the ESA designed
to create greater incentives to recover listed species.
Specifically, AWHCA reasserts congressional intent by giving
regulatory incentives and opportunities for states in the ESA
process. It does so by requiring the Services to include the
following whenever they issue a rule for a threatened species
under Section 4(d) of the ESA that contains take prohibitions:
(1) Objective, incremental recovery goals for the species in
question; (2) Provide for the stringency of the prohibitions to
decrease as such recovery goals are met; and (3) Provide for
state management of the species once all recovery goals are met
in preparation for the species being delisted.
These steps create greater accountability, transparency,
and incentives to take conservation actions that restore
habitat for and recover listed species because tangible
regulatory relief will come with it. The bill also adopts a
similar approach for the recovery of species listed as
endangered. Specifically, the bill requires the Services to
propose objective, incremental recovery goals for endangered
species, and those goals would form the basis for a Section
4(d) rule when the species is downlisted to threatened species
status.
Title six also gives states the opportunity to propose a
``recovery strategy'' for threatened species and species that
are candidates for listing in that state. The bill requires the
Services to review the proposed recovery strategy and determine
whether (1) the state would be able to implement the strategy;
and (2) whether that strategy would be effective in conserving
the species in question. If it is determined that both of those
tests are satisfied, the strategy is approved, and it would
become the regulation governing the species in that state.
In addition, title six amends the definition of
``conserve,'' ``conserving,'' and ``conservation'' to allow for
the regulated take of threatened species. Currently, the
definition only allows for regulated take ``in the
extraordinary case where population pressures within a given
ecosystem cannot be otherwise relieved.''\12\ This standard has
been interpreted by federal courts to mostly prohibit any
regulated take of threatened species.\13\ This raises tensions
with the public, who have no means to control populations of
listed species, even when the population of that species is
well above its population goals. This section amends the
definition to allow for regulated take ``at the discretion of
the Secretary,'' therefore granting additional flexibility to
the Services.
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\12\16 USC Ch. 35. Sec 1532.
\13\``Unlocking the Full Power of Section 4(d) to Facilitate
Collaboration and Greater Species Recovery.'' David Willms, J.D.
https://republicans-naturalresources.house.gov/UploadedFiles/
Codex_II_Chapter_3.pdf.
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Title seven of the AWHCA contains funding reductions and
rescinded programs authorizations in order to ensure the
appropriations for Title one and Title two are fully offset, in
line with House floor protocols. These offsets are focused on
programs from the U.S. Bureau of Reclamation, National Oceanic
and Atmospheric Administration, and U.S. Fish and Wildlife
Service that were authorized in the Inflation Reduction Act and
other previous spending bills.
Committee Action
H.R. 7408 was introduced on February 20, 2024, by Chairman
Bruce Westerman (R-AR). The bill was referred to the Committee
on Natural Resources, and within the Committee to the
Subcommittee on Water, Wildlife and Fisheries. The bill was
also referred to the Committee on Agriculture. On March 6,
2024, the Subcommittee on Water, Wildlife and Fisheries held a
hearing on the bill. On April 16, 2024, the Committee on
Natural Resources met to consider the bill. The Subcommittee on
Water, Wildlife and Fisheries was discharged from further
consideration of H.R. 7408 by unanimous consent. Chairman Bruce
Westerman (R-AR) offered an Amendment in the Nature of a
Substitute designated Westerman_082. The amendment in the
nature of a substitute, as amended, was agreed to by voice
vote. Rep. Harriet Hageman (R-WY) offered an Amendment to the
Amendment in the Nature of a Substitute designated Hageman_217.
The amendment offered by Rep. Hageman was agreed to by voice
vote. Rep. Jared Huffman (D-CA) offered an Amendment to the
Amendment in the Nature of a Substitute designated Dingell #2.
The amendment was withdrawn by unanimous consent. Rep. Jared
Huffman (D-CA) offered a substitute amendment to the Amendment
in the Nature of a Substitute designated Dingell #1. The
amendment was withdrawn by unanimous consent. Rep. Teresa
Leger-Fernandez (D-NM) offered an Amendment to the Amendment in
the Nature of a Substitute designated Leger-Fernandez #8. The
amendment was not agreed to by a roll call vote of 17 to 19, as
follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Rep. Jared Huffman (D-CA) offered an Amendment to the
Amendment in the Nature of a Substitute designated Huffman #6.
The amendment was not agreed to by a roll call vote of 17 to
21, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Rep. Kevin Mullin (D-CA) offered an Amendment to the
Amendment in the Nature of a Substitute designated Mullin #5.
The amendment was not agreed to by a roll call vote of 17 to
21, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Rep. Jared Huffman (D-CA) offered an Amendment to the
Amendment in the Nature of a Substitute designated Huffman #7.
The amendment was not agreed to by a roll call vote of 17 to
21, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The bill, as amended, was ordered favorably reported to the
House of Representatives roll call vote of 21 to 17, as
follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Hearings
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Water, Wildlife and Fisheries
held on March 6, 2024.
Section-by-Section Analysis
Title 1. Wildlife conservation and restoration
Amends the Pittman-Robertson Wildlife Restoration Act by
overhauling the current ``Wildlife Conservation and Restoration
Account.'' Funds would be subject to appropriations and would
sunset after 5 fiscal years. Authorizes $300 million yearly in
grant funding to state governments to enact their
congressionally mandated state wildlife action plans (SWAP's).
SWAP's function as a roadmap to recovering both species listed
under the Endangered Species Act (ESA) and species that are in
jeopardy of being listed under the act.
Title 2. Tribal wildlife conservation and restoration
Creates a ``Tribal Wildlife Conservation and Restoration
Account'' separate from Pittman-Robertson. The bill authorizes
$20 million for this account and would sunset after 5 years.
This grant funding can be used to conduct habitat restoration
projects, forest management projects, and removal of invasive
species to benefit species of Tribal species of greatest
conservation need.
Title 3. Conservation and management for wildlife refuges
Grants the U.S. Fish and Wildlife Service (Service) good
neighbor authority and shared stewardship authority, just as
the U.S. Forest Service (Forest Service) and Bureau of Land
Management (BLM) have. This title also allows the Service to
use Good Neighbor Authority for ``Recreation Enhancement or
Improvement Services.''
Title 4. Incentivizing wildlife conservation on private lands
Codifies into statute the need for the Service to consider
the net conservation benefit of Candidate Conservation
Agreements with Assurances (CCAAs) or any programmatic CCAAs
for a species when making a listing decision on that species
under the ESA. In addition, this title replicates, on private
lands, language from the Sikes Act (16 U.S.C. 670a) giving
regulatory certainty that critical habitat will not be
designated if a landowner is working to implement a land
management plan that conserves the listed species in question.
Includes language to protect information on the occurrence of
species on private lands.
Title 5. Forest information reform
Codifies a legislative solution to the detrimental 2015
Ninth U.S. Circuit Court decision in Cottonwood Environmental
Law Center v. U.S. Forest Service into federal law.
Title 6. Providing for greater incentives to recover listed species
Amends Section 4(d) of the ESA to require the Service and
National Marine Fisheries Service (the Services) to establish
objective, incremental recovery goals for threatened species,
provide for the stringency of regulations to decrease as
recovery goals are met, and provide for state management of
that species once all recovery goals are met in preparation for
delisting. In addition, this title allows states to develop and
submit recovery strategies to the Services for species that are
candidates for listing or listed as threatened. If the Services
determine that the proposed recovery strategy would be
effective in conserving the species, it will become the
regulation governing the management of the species in that
state. For species listed as endangered, the Services must
develop objective incremental recovery goals that would form
the basis of a regulation under Section 4(d) once a species is
upgraded to threatened.
Title 7. Rescissions and repeals
The offsets come solely from the jurisdiction of the Water,
Wildlife and Fisheries Subcommittee and fully offset the cost
of Titles one and two of the bill. These offsets are focused on
programs from the U.S. Bureau of Reclamation, National Oceanic
and Atmospheric Administration, and U.S. Fish and Wildlife
Service that were authorized in the Inflation Reduction Act and
previous appropriations bills.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and
Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office a budgetary analysis and a cost estimate of this bill.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Pittman-Robertson
Wildlife Restoration Act to make supplemental funds available
for management of fish and wildlife species of greatest
conservation need as determined by State fish and wildlife
agencies, and for other purposes.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee, if such
estimate is not publicly available on the Congressional Budget
Office website.
Existing Programs
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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 italics, and existing law in which no
change is proposed is shown in roman):
PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT
* * * * * * *
SEC. 2. DEFINITIONS.
As used in this Act--
(1) the term ``conservation'' means the use of
methods and procedures necessary or desirable to
sustain healthy populations of wildlife, including all
activities associated with scientific resources
management such as research, census, monitoring of
populations, acquisition, improvement and management of
habitat, live trapping and transplantation, wildlife
damage management, and periodic or total protection of
a species or population, as well as the taking of
individuals within wildlife stock or population if
permitted by applicable State and Federal law;
(2) for the purposes of determining the number of
paid hunting-license holders in a State, the term
``fiscal year'' means the fiscal year or license year
of the State;
(3) the term ``hunter recruitment and recreational
shooter recruitment'' means any activity or project to
recruit or retain hunters and recreational shooters,
including by--
(A) outreach and communications as a means--
(i) to improve communications with
hunters, recreational shooters, and the
general public with respect to hunting
and recreational shooting
opportunities;
(ii) to reduce barriers to
participation in these activities;
(iii) to advance the adoption of
sound hunting and recreational shooting
practices;
(iv) to promote conservation and the
responsible use of the wildlife
resources of the United States; and
(v) to further safety in hunting and
recreational shooting;
(B) providing education, mentoring, and field
demonstrations;
(C) enhancing access for hunting and
recreational shooting, including through range
construction; and
(D) providing education to the public about
the role of hunting and recreational shooting
in funding wildlife conservation;
(4) 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;
(5) the term ``Secretary'' means the Secretary of the
Interior;
(6) the term ``species of greatest conservation
need'' means, with respect to funds apportioned to a
State, terrestrial, aquatic, or marine fauna or flora
that the State fish and wildlife department of such
State determines are--
(A) of low or declining population; or
(B) facing threats and in need of
conservation attention;
[(6)] (7) 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[.];
(8) the term ``Subaccount'' means the Wildlife
Habitat Conservation and Restoration Subaccount
established by section 3(c)(2)(A);
[(7)] (9) 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;
[(8)] (10) 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;
[(9)] (11) 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)] section 4(e), 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), Indian Tribes, wildlife conservation
organizations, and outdoor recreation and conservation
education entities from funds apportioned under this
title, and maintenance of such projects;
[(10)] (12) the term ``wildlife conservation
education'' means projects, including public outreach,
intended to foster responsible natural resource
stewardship; and
[(11)] (13) 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. 3. (a)[(1) An amount equal to] An amount equal to all
revenues accruing each fiscal year (beginning with the fiscal
year 1975) from any tax imposed on specified articles by
sections 4161(b) and 4181 of the Internal Revenue Code of 1986
(26 U.S.C. 4161(b), 4181) shall, subject to the exemptions in
section 4182 of such Code, be covered into the Federal aid to
wildlife restoration fund in the Treasury (hereinafter referred
to as the ``fund'') and is authorized to be appropriated and
made available until expended to carry out the purposes of this
Act. So much of such appropriation apportioned to any State for
any fiscal year as remains unexpended at the close thereof is
authorized to be made available for expenditure in that State
until the close of the succeeding fiscal year. Any amount
apportioned to any State under the provisions of this Act which
is unexpended or unobligated at the end of the period during
which it is available for expenditure on any project is
authorized to be made available for expenditure by the
Secretary of Agriculture in carrying out the provisions of the
Migratory Bird Conservation Act.
[(2) There is established in the Federal aid to
wildlife restoration fund a subaccount to be known as
the ``Wildlife Conservation and Restoration Account''.
There are authorized to be appropriated for the
purposes of the Wildlife Conservation and Restoration
Account $50,000,000 in fiscal year 2001 for
apportionment in accordance with this Act to carry out
State wildlife conservation and restoration programs.
Further, interest on amounts transferred shall be
treated in a manner consistent with 16 U.S.C.
669(b)(1)).]
(b)(1) The Secretary of the Treasury shall invest in
interest-bearing obligations of the United States such portion
of the fund as is not, in his judgment, required for meeting a
current year's withdrawals. For purposes of such investment,
the Secretary of the Treasury may--
(A) acquire obligations at the issue price and
purchase outstanding obligations at the market price;
and
(B) sell obligations held in the fund at the market
price.
(2) The interest on obligations held in the fund--
(A) shall be credited to the fund;
(B) constitute the sums available for allocation by
the Secretary under section 8 of the North American
Wetlands Conservation Act; and
(C) shall become available for apportionment under
this Act at the beginning of fiscal year 2026.
(c) Wildlife Habitat Conservation and Restoration
Subaccount._ [(1) Amounts transferred to the Wildlife
Conservation and Restoration Account shall supplement, but not
replace, existing funds available to the States from the sport
fish restoration account and wildlife restoration account and
shall be used for the development, revision, and implementation
of wildlife conservation and restoration programs and should be
used to address the unmet needs for a diverse array of wildlife
and associated habitats, including species that are not hunted
or fished, for wildlife conservation, wildlife conservation
education, and wildlife-associated recreation projects. Such
funds may be used for new programs and projects as well as to
enhance existing programs and projects.]
(1) Definitions.--In this subsection:
(A) Restoration.--The term ``restoration''
means the implementation of conservation
actions and practices that reestablish or
enhance environmental conditions and ecosystem
functions that benefit the diversity,
resilience, health, and productivity of plants
and animals.
(B) Rewilding.--The term ``rewilding'' means
a restoration approach that prohibits human
management activities and relies only on
natural processes to maintain or improve
habitat.
(C) Territory and territories.--The terms
``territory'' and ``territories'' mean the
Commonwealth of Puerto Rico, Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, and the United States Virgin Islands.
(2) Establishment of subaccount.--
(A) In general.--There is established in the
fund a subaccount to be known as the ``Wildlife
Habitat Conservation and Restoration
Subaccount''.
(B) Availability.--Amounts in the Subaccount
shall be available until expended, subject to
future appropriations, for apportionment in
accordance with this Act.
(C) Deposits into subaccount.--Subject to the
availability of appropriations made in advance
for such purposes, the Secretary shall allocate
not more than $300,000,000 to the Subaccount
for each of fiscal years 2025 through 2029.
(D) Treatment of revenue.--Funds received by
a State fish and wildlife department as a
result of a wildlife conservation and
restoration program or project of such
department that is carried out on Federal or
State land and funded by the Subaccount shall
be retained and used by such department to
carry out additional authorized wildlife
conservation and restoration programs or
projects pursuant to the America's Wildlife
Habitat Conservation Act.
(E) Sunset.--No funds may be appropriated to
the Subaccount after fiscal year 2029.
(3) Supplement not supplant.--Amounts transferred to
the Subaccount shall supplement, but not replace,
existing funds available to the States from--
(A) the funds distributed pursuant to the
Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777 et seq.); and
(B) the fund.
(4) Innovation grants.--
(A) In general.--The Secretary shall
distribute 10 percent of amounts in the
Subaccount in each fiscal year through a
competitive grant program to State fish and
wildlife departments, the District of Columbia
fish and wildlife department, fish and wildlife
departments of territories, or to regional
associations of fish and wildlife departments
(or any group composed of more than 1 such
entity).
(B) Purpose.--Recipients of a grant issued
under subparagraph (A) shall use such grant
funds for the purpose of catalyzing innovation
of techniques, tools, strategies, or
collaborative partnerships that accelerate,
expand, or replicate effective and measurable
recovery efforts for habitat of species of
greatest conservation need and species listed
under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(C) Review committee.--The Secretary shall
appoint a review committee comprised of--
(i) 1 State Director from each
regional association of State fish and
wildlife departments;
(ii) the head of a department
responsible for fish and wildlife
management in a territory;
(iii) 1 delegate from the United
States Fish and Wildlife Service, for
the purpose of providing technical
assistance;
(iv) 2 individuals who represent 2
different nonprofit organizations, each
of which participated in carrying out
wildlife conservation and restoration
activities using funds apportioned from
the Subaccount during the 5-year period
ending on the date of appointment of
such individual; and
(v) 2 individuals who represent 2
different nonprofit hunting and fishing
organizations who are each a member
of--
(I) the Hunting and Wildlife
Conservation Council of the
Department of the Interior and
Department of Agriculture and
classified as representing a
``wildlife & habitat
conservation/management
organization''; or
(II) the Sport Fishing and
Boating Partnership Council of
the Department of the Interior
and classified as representing
a ``recreational fishery
resource conservation
organization''.
(D) Support from united states fish and
wildlife service.--Using not more than 3
percent of the amounts distributed under
subparagraph (A) to carry out a competitive
grant program, the United States Fish and
Wildlife Service shall provide any personnel or
administrative support services necessary for
such committee to carry out its
responsibilities under this Act.
(E) Evaluation.--Such committee shall
evaluate each proposal submitted under this
paragraph and recommend projects for funding,
giving preference to solutions that accelerate
the recovery of habitat for species identified
as priorities through regional scientific
assessments of species of greatest conservation
need.
(5) Use of funds.--
(A) In general.--Funds apportioned from the
Subaccount under paragraph (2)(B)--
(i) shall be used for purposes and
practices consistent with section 2 of
the America's Wildlife Habitat
Conservation Act;
(ii) shall be used to develop, carry
out, revise, or enhance the Wildlife
Conservation Strategy of a State,
territory, or the District of Columbia,
as required under section 4(e), by
carrying out, revising, or enhancing
existing wildlife conservation and
restoration programs or strategies and
developing and implementing new
wildlife conservation and restoration
programs or strategies, as determined
by the appropriate State fish and
wildlife department;
(iii) shall be used to assist in the
restoration of habitat for species
found in the State, territory, or the
District of Columbia that are listed as
endangered species, threatened species,
candidate species or species proposed
for listing, or species petitioned for
listing under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) or
under State law;
(iv) may be used for management of
animals, including harvesting;
(v) may be used for the conservation
and restoration of habitat for species
of greatest conservation need whose
range is shared with another State,
territory, Indian Tribe, or foreign
government;
(vi) may be used to manage, control,
and prevent invasive species, disease,
and other risks to the habitat of
species of greatest conservation need;
(vii) may be used for forest and
vegetation management activities if a
primary purpose of such activity is to
modify, improve, enhance, or create
wildlife habitat or reduce the risk of
damage or destruction to wildlife
habitat due to wildfires, insects, or
disease, including--
(I) planting, seeding, and
harvesting, including planting,
seeding, and harvesting of
native seeds;
(II) mechanical thinning;
(III) prescribed burning;
(IV) chemical applications
designed to restore natural
range variation including
creating and maintaining early
seral communities; and
(V) prescribed haying and
grazing practices;
(viii) may be used to carry out
voluntary, collaborative conservation
work with willing landowners consistent
with section 2 of the America's
Wildlife Habitat Conservation Act to
keep private lands working; and
(ix) may be used to provide
incentives to private landowners to
carry out habitat conservation work for
threatened and endangered species or
species of greatest conservation need
on the land owned by such private
landowners and to provide financial
assistance or technical assistance to
such private landowners to carry out
such work.
(B) Prohibited uses.--Funds apportioned from
the Subaccount may not be used for--
(i) rewilding;
(ii) the reintroduction or management
of a species in a manner not supported
by the applicable State fish and
wildlife management authorities; or
(iii) climate-focused decisions that
lack a connection to the State
comprehensive plan developed under
section 4(e)(1).
(6) Minimum required spending for endangered species
recovery.--Not less than 15 percent of the total amount
apportioned to a State, territory, or the District of
Columbia from the Subaccount during the period of
fiscal years 2025 through 2029 shall be used for
purposes described in paragraph (5)(A)(iii).
(7) Public access to private lands not required.--
Apportionment of funds from the Subaccount may not be
conditioned upon the provision of public access to
private lands, waters, or holdings.
(8) Requirements for matching funds.--
(A) In general.--For the purposes of the non-
Federal fund matching requirement for a
wildlife conservation and restoration program
or project funded by the Subaccount, a State,
territory, or the District of Columbia may use
as matching non-Federal funds--
(i) in-kind contributions of services
and materials;
(ii) voluntarily donated privately
owned easements;
(iii) in circumstances described in
subparagraph (B), revenue generated
through the sale of State hunting and
fishing licenses; and
(iv) other sources consistent with
part 80 of title 50, Code of Federal
Regulations, as in effect on the date
of the enactment of the America's
Wildlife Habitat Conservation Act.
(B) Circumstances described.--Revenue
described in subparagraph (A)(iii) may only be
used to fulfill the requirements of such non-
Federal fund matching requirement if--
(i) no Federal funds apportioned to
the State fish and wildlife department
of such State from the Wildlife
Restoration Program or the Sport Fish
Restoration Program have been reverted
because of a failure to fulfill such
non-Federal fund matching requirement
by such State during the previous 2
years; and
(ii) the project or program being
funded benefits the habitat of a
species that is a--
(I) hunted or fished species;
and
(II) species of greatest
conservation need.
(9) State land acquisition.--Land acquired by a
State, territory, or the District of Columbia using
funds apportioned from the Subaccount--
(A) may only be purchased from a willing
seller;
(B) may only be so acquired for the purposes
described in paragraph (5)(A)(iii);
(C) may only be so acquired when no other
source of Department of the Interior funding is
available to purchase such land; and
(D) shall be open to the public for wildlife-
related outdoor recreation, including hunting,
trapping, fishing, or recreational shooting to
the extent allowed by State law.
[(2)] (10) Funds may be used by a State [or an Indian tribe]
for the planning and implementation of its wildlife
conservation and restoration program and wildlife conservation
strategy, as provided in sections 4(d) and (e) of this Act,
including wildlife conservation, wildlife conservation
education, and wildlife-associated recreation projects. Such
funds may be used for new programs and projects as well as to
enhance existing programs and projects.
[(3)] (11) Priority for funding from the [Wildlife
Conservation and Restoration Account] Subaccount shall be for
[those species with the greatest conservation need as defined
by the State wildlife conservation and restoration program]
species of greatest conservation need.
(d) Notwithstanding subsections (a) and (b) of this section,
with respect to amounts transferred to the [Wildlife
Conservation and Restoration Account] Subaccount, so much of
such amounts apportioned to any State for any fiscal year as
remains unexpended at the close thereof shall remain available
for obligation in that State until the close of the second
succeeding fiscal year.
SEC. 4. ALLOCATION AND APPORTIONMENT OF AVAILABLE AMOUNTS.
(a) Set-Aside for Expenses for Administration of the Pittman-
Robertson Wildlife Restoration Act.--
(1) In general.--
(A) Set-aside.--For fiscal year 2001 and each
fiscal year thereafter, of the revenues
(excluding interest accruing under section
3(b)) covered into the fund for the fiscal
year, the Secretary of the Interior may use not
more than the available amount specified in
subparagraph (B) for the fiscal year for
expenses for administration incurred in
implementation of this Act, in accordance with
this subsection and section 9.
(B) Available amounts.--The available amount
referred to in subparagraph (A) is--
(i) for the fiscal year that includes
November 15, 2021, the product obtained
by multiplying--
(I) $12,786,434; and
(II) the change, relative to
the preceding fiscal year, in
the Consumer Price Index for
All Urban Consumers published
by the Department of Labor; and
(ii) for each fiscal year thereafter,
the sum obtained by adding--
(I) the available amount
specified in this subparagraph
for the preceding fiscal year;
and
(II) the product obtained by
multiplying--
(aa) the available
amount specified in
this subparagraph for
the preceding fiscal
year; and
(bb) the change,
relative to the
preceding fiscal year,
in the Consumer Price
Index for All Urban
Consumers published by
the Department of
Labor.
(2) Period of availability; apportionment of
unobligated amounts.--
(A) Period of availability.--For each fiscal
year, the available amount under paragraph (1)
shall remain available for obligation for use
under that paragraph until the end of the
subsequent fiscal year.
(B) Apportionment of unobligated amounts.--
(i) In general.--Not later than 60
days after the end of a fiscal year,
the Secretary of the Interior shall
apportion among the States any of the
available amount under paragraph (1)
that remained available for obligation
pursuant to subparagraph (A) during
that fiscal year and remains
unobligated at the end of that fiscal
year.
(ii) Requirement.--The available
amount apportioned under clause (i)
shall be apportioned on the same basis
and in the same manner as other amounts
made available under this Act were
apportioned among the States for the
fiscal year in which the amount was
originally made available.
(b) Apportionment to States.--The Secretary of the Interior,
after deducting the available amount under subsection (a), the
amount apportioned under subsection (c), any amount apportioned
under section 8A, and amounts provided as grants under sections
10 and 11, shall apportion the remainder of the revenue in said
fund for each fiscal year among the several States in the
following manner: One-half in the ratio which the area of each
State bears to the total area of all the States, and one-half
in the ratio which the number of paid hunting-license holders
of each State in the second fiscal year preceding the fiscal
year for which such apportionment is made, as certified to said
Secretary by the State fish and game departments, bears to the
total number of paid hunting-license holders of all the States.
Such apportionments shall be adjusted equitably so that no
State shall receive less than one-half of 1 per centum nor more
than 5 per centum of the total amount apportioned. The term
fiscal year as used in this Act shall be a period of twelve
consecutive months from October 1 through the succeeding
September 30, except that the period for enumeration of paid
hunting-license holders shall be a State's fiscal or license
year.
(c) Apportionment of Revenues From Pistols, Revolvers, Bows,
and Arrows.--
(1) In general.--Subject to paragraph (2),\1/2 \of
the revenues accruing to the fund under this Act each
fiscal year (beginning with the fiscal year 1975) from
any tax imposed on pistols, revolvers, bows, and arrows
shall be apportioned among the States in proportion to
the ratio that the population of each State bears to
the population of all the States.
(2) Condition.--The amount apportioned to each State
under paragraph (1) shall be not greater than 3 percent
and not less than 1 percent of the revenues described
in such paragraph and Guam, the Virgin Islands,
American Samoa, Puerto Rico, and the Northern Mariana
Islands shall each be apportioned one-sixth of 1 per
centum of such revenues.
(3) Population determination.--For the purpose of
this subsection, population shall be determined on the
basis of the latest decennial census for which figures
are available, as certified by the Secretary of
Commerce.
(4) Use of funds.--In addition to other uses
authorized under this Act, amounts apportioned under
this subsection may be used for hunter recruitment and
recreational shooter recruitment.
(d) Apportionment of [Wildlife Conservation and Restoration
Account] Subaccount.--
(1) The Secretary of the Interior shall, after
deducting the amount distributed pursuant to section
3(c)(4), make the following apportionment from the
[Wildlife Conservation and Restoration Account]
Subaccount:
(A) [to the District of Columbia and to the
Commonwealth of Puerto Rico, each] To the
District of Columbia a sum equal to not more
than [one-half] one-fourth of 1 percent
thereof.
(B) [to Guam] To Guam, American Samoa, the
Virgin Islands, and the Commonwealth of the
Northern Mariana Islands, each a sum equal to
[not more than one-fourth of 1 percent] not
less than one-third of 1 percent thereof.
(C) To the Commonwealth of Puerto Rico, a sum
equal to not less than 1 percent thereof.
(2)(A) The Secretary of the Interior, after making
the apportionment under paragraph (1), shall apportion
the remaining amount in the [Wildlife Conservation and
Restoration Account] Subaccount for each fiscal year
among the States in the following manner:
[(i) one-third of which is based on the ratio
to which the land area of such State bears to
the total land area of all such States; and]
(i) half of which is based on the ratio to
which the land and water area of such State
bears to the total land and water area of all
such States;
(ii) [two-thirds] one-quarter of which is
based on the ratio to which the population of
such State bears to the total population of all
such States[.]; and
(iii) one quarter of which is based upon the
ratio to which the number of species listed as
endangered or threatened under the Endangered
Species Act of 1973 in such State bears to the
total number of such species listed in all such
States.
[(B) The amounts apportioned under this paragraph
shall be adjusted equitably so that no such State shall
be apportioned a sum which is less than one percent of
the amount available for apportionment under this
paragraph for any fiscal year or more than five percent
of such amount.]
(B) The amounts apportioned under this paragraph
shall be adjusted equitably so that no such State,
unless otherwise designated, shall be apportioned a sum
which is less than 1 percent or more than 5 percent of
the amount available for apportionment under--
(i) subparagraph (A)(i);
(ii) subparagraph (A)(ii); and
(iii) the overall amount available for
subparagraph (A).
(3) Of the amounts transferred to the [Wildlife
Conservation and Restoration Account] Subaccount, not
to exceed [3 percent] one-third of 1 percent shall be
available for any Federal expenses incurred in the
administration and execution of programs carried out
with such amounts.
(e) Wildlife Conservation and Restoration Programs.--
(1) Any State, through its fish and wildlife
department, may apply to the Secretary of the Interior
for approval of a wildlife conservation and restoration
program, or for funds from the [Wildlife Conservation
and Restoration Account] Subaccount, to develop a
program. To apply, a State shall submit a comprehensive
plan that includes--
(A) provisions vesting in the fish and
wildlife department of the State overall
responsibility and accountability for the
program;
(B) provisions for the development and
implementation of--
(i) wildlife conservation projects
that expand and support existing
wildlife programs, giving appropriate
consideration to all wildlife;
(ii) wildlife-associated recreation
projects; and
(iii) wildlife conservation education
projects pursuant to programs under
section 8(a); and
(C) provisions to ensure public participation
in the development, revision, and
implementation of projects and programs
required under this paragraph.
(D) Wildlife conservation strategy.--Within
five years of the date of the initial
apportionment, develop and begin implementation
of a wildlife conservation strategy based upon
the best available and appropriate scientific
information and data that--
(i) uses such information on the
distribution and abundance of species
of wildlife, including low population
and declining species as the State fish
and wildlife department deems
appropriate, that are indicative of the
diversity and health of wildlife of the
State;
(ii) identifies the extent and
condition of wildlife habitats and
community types essential to
conservation of species identified
under paragraph (1);
(iii) identifies the problems which
may adversely affect the species
identified under paragraph (1) or their
habitats, and provides for priority
research and surveys to identify
factors which may assist in restoration
and more effective conservation of such
species and their habitats;
(iv) determines those actions which
should be taken to conserve the species
identified under paragraph (1) and
their habitats and establishes
priorities for implementing such
conservation actions;
(v) provides for periodic monitoring
of species identified under paragraph
(1) and their habitats and the
effectiveness of the conservation
actions determined under paragraph (4),
and for adapting conservation actions
as appropriate to respond to new
information or changing conditions;
(vi) provides for the review of the
State wildlife conservation strategy
and, if appropriate, revision at
intervals of not more than ten years;
(vii) provides for coordination to
the extent feasible the State fish and
wildlife department, during the
development, implementation, review,
and revision of the wildlife
conservation strategy, with Federal,
State, and local agencies and Indian
tribes that manage significant areas of
land or water within the State, or
administer programs that significantly
affect the conservation of species
identified under paragraph (1) or their
habitats.
(2) A State shall provide an opportunity for public
participation in the development of the comprehensive
plan required under paragraph (1).
(3) If the Secretary finds that the comprehensive
plan submitted by a State complies with paragraph (1),
the Secretary shall approve the wildlife conservation
and restoration program of the State and set aside from
the apportionment to the State made pursuant to
subsection (d), as redesignated an amount that shall
not exceed [75] 90 percent of the estimated cost of
developing and implementing the program.
(4)(A) Except as provided in subparagraph (B), after
the Secretary approves a State's wildlife conservation
and restoration program, the Secretary may make
payments on a project that is a segment of the State's
wildlife conservation and restoration program as the
project progresses. Such payments, including previous
payments on the project, if any, shall not be more than
the United States pro rata share of such project. The
Secretary, under such regulations as he may prescribe,
may advance funds representing the United States pro
rata share of a project that is a segment of a wildlife
conservation and restoration program, including funds
to develop such program.
(B) Not more than 10 percent of the amounts
apportioned to each State under this section for a
State's wildlife conservation and restoration program
may be used for wildlife-associated recreation.
(5) For purposes of this subsection, the term
``State'' shall include the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(f) Accountability.--
(1) In general.--Not later than 1 year after the date
of the enactment of the America's Wildlife Habitat
Conservation Act and every 2 years thereafter until the
last day of fiscal year 2029, the head of each State
fish and wildlife department shall submit to the
Director of the United States Fish and Wildlife Service
a report describing, with respect to such department
during the preceding 2 years, the following:
(A) A summary of each activity carried out
using funds apportioned from the Subaccount,
including--
(i) an accounting of the
administrative costs associated with
each such activity;
(ii) an accounting of land acquired,
if any, from willing sellers by each
State fish and wildlife department
using funds from the Subaccount,
including--
(I) the number of acres
acquired;
(II) the endangered species,
threatened species, candidate
species or species proposed for
listing, or species petitioned
for listing under the
Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) or
State law associated with the
land acquired;
(III) the justification for
such land acquisition; and
(IV) a detailed explanation
regarding why other sources of
funding were not used for the
land acquisition; and
(iii) the number of acres of habitat
restored, enhanced, created, or
conserved by each such activity.
(B) A summary of the results and
effectiveness of each activity carried out
using funds apportioned from the Subaccount,
including, if determinable--
(i) any change in the population
trends of species of greatest
conservation need; and
(ii) any reduction in threats to
species of greatest conservation need.
(2) Summary report.--The Secretary shall, not later
than 180 days after each deadline for the submission of
reports under paragraph (1), submit a report
summarizing each report received by the Secretary under
paragraph (1) to--
(A) the Committee on Environment and Public
Works of the Senate; and
(B) the Committee on Natural Resources of the
House of Representatives.
(3) State defined.--In this subsection, the term
``State'' includes the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the
United States Virgin Islands.
* * * * * * *
Sec. 8. (a) Maintenance of wildlife-restoration projects
established under the provisions of this Act shall be the duty
of the State in accordance with their respective laws.
Beginning July 1, 1945, the term ``wildlife-restoration
project'', as defined in section 2 of this Act, shall include
maintenance of completed projects. Notwithstanding any other
provisions of this Act, funds apportioned to a State under this
Act may be expended by the State for management (exclusive of
law enforcement) of wildlife areas and resources. Funds from
the [Wildlife Conservation and Restoration Account] Subaccount
may be used for a wildlife conservation education program,
except that no such funds may be used for education efforts,
projects, or programs that promote or encourage opposition to
the regulated taking of wildlife.
(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 operation and
maintenance of public target ranges.
(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.
(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. 14. SAVINGS CLAUSE.
(a) In General.--Nothing in this Act may be construed to
enlarge or diminish the authority, jurisdiction, or
responsibility of a State, territory, or the District of
Columbia to manage, control, or regulate fish and wildlife on
lands and waters within the State, territory, or the District
of Columbia including on Federal lands and waters.
(b) No Funds Authorized for Dam Removal or Modification.--
None of the funds made available under this Act may be used to
remove a federally owned dam or modify a federally owned dam in
a manner that reduces storage or diversion capacity.
(c) Prohibition on Land Transfers.--The Federal Government
may not accept a transfer, donation, or exchange of land or an
interest in land from a State government, a fish and wildlife
department of the District of Columbia or a territory, or a
regional association of fish and wildlife departments if such
land or interest in land was purchased using funds apportioned
under this Act.
(d) Territory Defined.--In this section, the term
``territory'' has the meaning given the term in section
3(c)(1).
SEC. 15. STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA.
If any conflict arises between any provision of this Act and
any provision of the Alaska National Interest Lands
Conservation Act or the Alaska Native Claims Settlement Act,
then the provision in the Alaska National Interest Lands
Conservation Act or the Alaska Native Claims Settlement Act
shall prevail.
SEC. [14.] 16. SHORT TITLE.
This Act may be cited as the ``Pittman-Robertson Wildlife
Restoration Act''.
----------
AGRICULTURAL ACT OF 2014
* * * * * * *
TITLE VIII--FORESTRY
* * * * * * *
Subtitle C--Reauthorization of Other Forestry-Related Laws
* * * * * * *
SEC. 8206. GOOD NEIGHBOR AUTHORITY.
(a) Definitions.--In this section:
(1) Authorized restoration services.--The term
``authorized restoration services'' means similar and
complementary forest, rangeland, and watershed
restoration services carried out--
(A) on Federal land, non-Federal land, and
land owned by an Indian tribe; and
(B) by either the Secretary or a Governor,
Indian tribe, or county, as applicable,
pursuant to a good neighbor agreement.
(2) County.--The term ``county'' means--
(A) the appropriate executive official of an
affected county; or
(B) in any case in which multiple counties
are affected, the appropriate executive
official of a compact of the affected counties.
(3) Federal land.--
(A) In general.--The term ``Federal land''
means land that is--
(i) National Forest System land; [or]
(ii) public land (as defined in
section 103 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C.
1702)); or
(iii) National Park System land[;
or].
[(iv) National Wildlife Refuge Land.]
(B) Exclusions.--The term ``Federal land''
does not include--
(i) a component of the National
Wilderness Preservation System;
(ii) Federal land on which the
removal of vegetation is prohibited or
restricted by Act of Congress or
Presidential proclamation (including
the applicable implementation plan); or
(iii) a wilderness study area.
(4) Forest, rangeland, and watershed restoration
services.--
(A) In general.--The term ``forest,
rangeland, and watershed restoration services''
means--
(i) activities to treat insect- and
disease-infected trees;
(ii) activities to reduce hazardous
fuels; and
(iii) any other activities to restore
or improve forest, rangeland, and
watershed health, including fish and
wildlife habitat.
(B) Exclusions.--The term ``forest,
rangeland, and watershed restoration services''
does not include--
(i) construction, reconstruction,
repair, or restoration of paved or
permanent roads or parking areas, other
than the reconstruction, repair, or
restoration of a National Forest
System, Bureau of Land Management,
[National Park Service, or National
Wildlife Refuge] or National Park
Service managed road that is--
(I) necessary to carry out
authorized restoration services
pursuant to a good neighbor
agreement; and
(II) in the case of a
National Forest System road
that is determined to be
unneeded in accordance with
section 212.5(b)(2) of title
36, Code of Federal Regulations
(as in effect on the date of
enactment of the Wildfire
SuppressionFunding and Forest
Management Activities Act),
decommissioned in accordance
with subparagraph (A)(iii)--
(aa) in a manner that
is consistent with the
applicable travel
management plan; and
(bb) not later than 3
years after the date on
which the applicable
authorized restoration
services project is
completed; or
(ii) construction, alteration, repair
or replacement of public buildings or
works.
(5) Good neighbor agreement.--The term ``good
neighbor agreement'' means a cooperative agreement or
contract (including a sole source contract) entered
into between the Secretary and a Governor, Indian
tribe, or county, as applicable, to carry out
authorized restoration services under this section.
(6) Governor.--The term ``Governor'' means the
Governor or any other appropriate executive official of
an affected State [or Indian tribe] or the Commonwealth
of Puerto Rico.
(7) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304).
(8) National forest system road.--The term ``National
Forest System road'' has the meaning given the term in
section 212.1 of title 36, Code of Federal Regulations
(as in effect on the date of enactment of the Wildfire
Suppression Fundingand Forest Management Activities
Act).
(9) Road.--The term ``road'' has the meaning given
the term in section 212.1 of title 36, Code of Federal
Regulations (as in effect on the date of enactment of
this Act).
(10) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with
respect to National Forest System land; and
(B) the Secretary of the Interior, with
respect to Bureau of Land Management land.
(b) Good Neighbor Agreements.--
(1) Good neighbor agreements.--
(A) In general.--The Secretary may enter into
a good neighbor agreement with a Governor,
Indian tribe, or county to carry out authorized
restoration services in accordance with this
section.
(B) Public availability.--The Secretary shall
make each good neighbor agreement available to
the public.
(2) Timber sales.--
(A) In general.--Subsections (d) and (g) of
section 14 of the National Forest Management
Act of 1976 (16 U.S.C. 472a(d) and (g)) shall
not apply to services performed under a good
neighbor agreement.
(B) Approval of silviculture prescriptions
and marking guides.--The Secretary shall
provide or approve all silviculture
prescriptions and marking guides to be applied
on Federal land in all timber sale projects
conducted under this section.
(C) Treatment of revenue.--
[(i) In general.--Funds received from
the sale of timber by a Governor of a
State under a good neighbor agreement
shall be retained and used by the
Governor--
[(I) to carry out authorized
restoration services on Federal
land under the good neighbor
agreement; and
[(II) if there are funds
remaining after carrying out
subclause (I), to carry out
authorized restoration services
on Federal land within the
State under other good neighbor
agreements.]
(i) In general.--Funds received from
the sale of timber by a Governor,
Indian tribe, or county under a good
neighbor agreement shall be retained
and used by the Governor, Indian tribe,
or county, as applicable--
(I) to carry out authorized
restoration services under the
good neighbor agreement; and
(II) if there are funds
remaining after carrying out
subclause (I), to carry out
authorized restoration services
under other good neighbor
agreements.
(ii) Termination of effectiveness.--
The authority provided by this
subparagraph terminates effective
October 1, [2024] 2029.
(3) Retention of nepa responsibilities.--Any decision
required to be made under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with
respect to any authorized restoration services to be
provided under this section on Federal land shall not
be delegated to a Governor, Indian tribe, or county.
[(4) Receipts.--Notwithstanding any other provision
of law, any payment made by a county to the Secretary
under a project conducted under a good neighbor
agreement shall not be considered to be monies received
from National Forest System, Bureau of Land Management,
National ParkSystem, or U.S. Fish and Wildlife Service
land, as applicable.]
* * * * * * *
----------
ENDANGERED SPECIES ACT OF 1973
* * * * * * *
definitions
Sec. 3. For the purposes of this Act--
(1) The term ``alternative courses of action'' means all
alternatives and thus is not limited to original project
objectives and agency jurisdiction.
(2) The term ``commercial activity'' means all activities of
industry and trade, including, but not limited to, the buying
or selling of commodities and activities conducted for the
purpose of facilitating such buying and selling: Provided,
however, That it does not include exhibitions of commodities by
museums or similar cultural or historical organizations.
(3) The terms ``conserve,''``conserving,'' and
``conservation'' mean to use and the use of all methods and
procedures which are necessary to bring any endangered species
or threatened species to the point at which the measures
provided pursuant to this Act are no longer necessary. Such
methods and procedures include, but are not limited to, all
activities associated with scientific resources management such
as research, census, law enforcement, habitat acquisition and
maintenance, propagation, live trapping, [and transplantation,
and, in the extraordinary case where population pressures
within a given ecosystem cannot be otherwise relieved, may
include] transplantation, and, at the discretion of the
Secretary, regulated taking.
(4) The term ``Convention'' means the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora, signed on March 3, 1973, and the appendices thereto.
(5)(A) The term ``critical habitat'' for a threatened or
endangered species means--
(i) the specific areas within the geographical area
occupied by the species, at the time it is listed in
accordance with the provisions of section 4 of this
Act, on which are found those physical or biological
features (I) essential to the conservation of the
species and (II) which may require special management
considerations or protection; and
(ii) specific areas outside the geographical area
occupied by the species at the time it is listed in
accordance with the provisions of section 4 of this
Act, upon a determination by the Secretary that such
areas are essential for the conservation of the
species.
(B) Critical habitat may be established for those species now
listed as threatened or endangered species for which no
critical habitat has heretofore been established as set forth
in subparagraph (A) of this paragraph.
(C) Except in those circumstances determined by the
Secretary, critical habitat shall not include the entire
geographical area which can be occupied by the threatened or
endangered species.
(6) The term ``endangered species'' means any species which
is in danger of extinction throughout all or a significant
portion of its range other than a species of the Class Insecta
determined by the Secretary to constitute a pest whose
protection under the provisions of this Act would present an
overwhelming and overriding risk to man.
(7) The term ``Federal agency'' means any department, agency,
or instrumentality of the United States.
(8) The term ``fish or wildlife'' means any member of the
animal kingdom, including without limitation any mammal, fish,
bird (including any migratory, nonmigratory, or endangered bird
for which protection is also afforded by treaty or other
international agreement), amphibian, reptile, mollusk,
crustacean, arthropod or other invertebrate, and includes any
part, product, egg, or offspring thereof, or the dead body or
parts thereof.
(9) The term ``foreign commerce'' includes, among other
things, any transaction--
(A) between persons within one foreign country;
(B) between persons in two or more foreign countries;
(C) between a person within the United States and a
person in a foreign country; or
(D) between persons within the United States, where
the fish and wildlife in question are moving in any
country or countries outside the United States.
(10) The term ``import'' means to land on, bring into, or
introduce into or attempt to land on, bring into, or introduce
into, any place subject to the jurisdiction of the United
States, whether or not such landing, bringing, or introduction
constitutes an importation within the meaning of the customs
laws of the United States.
(12) The term ``permit or license applicant'' means, when
used with respect to an action of a Federal agency for which
exemption is sought under section 7, any person whose
application to such agency for a permit or license has been
denied primarily because of the application of section 7(a) to
such agency action.
(13) The term ``person'' means an individual, corporation,
partnership, trust, association, or any other private entity;
or any officer, employee, agent, department, or instrumentality
of the Federal Government, of any State, municipality, or
political subdivision of a State, or of any foreign government;
any State, municipality, or political subdivision of a State;
or any other entity subject to the jurisdiction of the United
States.
(14) The term ``plant'' means any member of the plant
kingdom, including seeds, roots and other parts thereof.
(15) The term ``Secretary'' means, except as otherwise herein
provided, the Secretary of the Interior or the Secretary of
Commerce as program responsibilities are vested pursuant to the
provisions of Reorganization Plan Numbered 4 of 1970; except
that with respect to the enforcement of the provisions of this
Act and the Convention which pertain to the importation or
exportation of terrestrial plants, the term also means the
Secretary of Agriculture.
(16) The term ``species'' includes any subspecies of fish or
wildlife or plants, and any distinct population segment of any
species of vertebrate fish or wildlife which interbreeds when
mature.
(17) The term ``State'' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, American
Samoa, the Virgin Islands, Guam, and the Trust Territory of the
Pacific Islands.
(18) The term ``State agency'' means any State agency,
department, board, commission, or other governmental entity
which is responsible for the management and conservation of
fish, plant, or wildlife resources within a State.
(19) The term ``take'' means to harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or collect, or to attempt to
engage in any such conduct.
(20) The term ``threatened species'' means any species which
is likely to become an endangered species within the
foreseeable future throughout all or a significant portion of
its range.
(21) The term ``United States,'' when used in a geographical
context, includes all States.
determination of endangered species and threatened species
Sec. 4. (a) General.--(1) The Secretary shall by regulation
promulgated in accordance with subsection (b) determine whether
any species is an endangered species or a threatened species
because of any of the following factors:
(A) the present or threatened destruction,
modification, or curtailment of its habitat or range;
(B) overutilization for commercial, recreational,
scientific, or educational purposes;
(C) disease or predation;
(D) the inadequacy of existing regulatory mechanisms;
or
(E) other natural or manmade factors affecting its
continued existence.
(2) With respect to any species over which program
responsibilities have been vested in the Secretary of Commerce
pursuant to Reorganization Plan Numbered 4 of 1970--
(A) in any case in which the Secretary of Commerce
determines that such species should--
(i) be listed as an endangered species or a
threatened species, or
(ii) be changed in status from a threatened
species to an endangered species, he shall so
inform the Secretary of the Interior, who shall
list such species in accordance with this
section;
(B) in any case in which the Secretary of Commerce
determines that such species should--
(i) be removed from any list published
pursuant to subsection (c) of this section, or
(ii) be changed in status from an endangered
species to a threatened species, he shall
recommend such action to the Secretary of the
Interior, and the Secretary of the Interior, if
he concurs in the recommendation, shall
implement such action; and
(C) the Secretary of the Interior may not list or
remove from any list any such species, and may not
change the status of any such species which are listed,
without a prior favorable determination made pursuant
to this section by the Secretary of Commerce.
(3)(A) The Secretary, by regulation promulgated in accordance
with subsection (b) and to the maximum extent prudent and
determinable--
(i) shall, concurrently with making a determination
under paragraph (1) that a species is an endangered
species or a threatened species, designate any habitat
of such species which is then considered to be critical
habitat; and
(ii) may, from time-to-time thereafter as
appropriate, revise such designation.
(B)(i) The Secretary shall not designate as critical habitat
any lands or other geographical areas owned or controlled by
the Department of Defense, or designated for its use, that are
subject to an integrated natural resources management plan
prepared under section 101 of the Sikes Act (16 U.S.C. 670a),
if the Secretary determines in writing that such plan provides
a benefit to the species for which critical habitat is proposed
for designation.
(ii) Nothing in this paragraph affects the requirement to
consult under section 7(a)(2) with respect to an agency action
(as that term is defined in that section).
(iii) Nothing in this paragraph affects the obligation of the
Department of Defense to comply with section 9, including the
prohibition preventing extinction and taking of endangered
species and threatened species.
(C) Privately owned or controlled land.--The
Secretary may not designate as critical habitat under
subparagraph (A) any privately owned or controlled land
or other geographical area that is subject to a land
management plan that--
(i) the Secretary determines is similar in
nature to an integrated natural resources
management plan described in section 101 of the
Sikes Act (16 U.S.C. 670a);
(ii)(I) is prepared in cooperation with the
Secretary and the head of each applicable State
fish and wildlife agency of each State in which
such land or other geographical area is
located; or
(II) is submitted to the Secretary in
a manner that is similar to the manner
in which an applicant submits a
conservation plan to the Secretary
under section 10(a)(2)(A);
(iii) includes an activity or a limitation on
an activity that the Secretary determines will
likely conserve the species concerned;
(iv) the Secretary determines will result
in--
(I) an increase in the population of
the species concerned above the
population of such species on the date
that such species is listed as
threatened or endangered; or
(II) maintaining the same population
of such species on the land or other
geographical area as the population
that would likely occur if such land or
other geographical area is designated
as critical habitat; and
(v) to the maximum extent practicable, will
minimize and mitigate the impacts of any
activity that will likely result in an
incidental taking of the species concerned.
(b) Basis for Determinations.--(1)(A) The Secretary shall
make determinations required by subsection (a)(1) solely on the
basis of the best scientific and commercial data available to
him after conducting a review of the status of the species and
after taking into account those efforts, if any, being made by
any State or foreign nation, or any political subdivision of a
State or foreign nation, to protect such species, whether by
predator control, protection of habitat and food supply, or
other conservation practices, within any area under its
jurisdiction, or on the high seas.
(B) In carrying out this section, the Secretary shall give
consideration to species which have been--
(i) designated as requiring protection from
unrestricted commerce by any foreign nation, or
pursuant to any international agreement; or
(ii) identified as in danger of extinction, or likely
to become so within the foreseeable future, by any
State agency or by any agency of a foreign nation that
is responsible for the conservation of fish or wildlife
or plants.
(C) Candidate conservation agreements with
assurances.--In making a determination under
subsection (a)(1) with respect to a species,
the Secretary shall take into account and
document the effect of any net conservation
benefit (as that term is defined in section
10(k)) of any Candidate Conservation Agreement
with Assurances or any programmatic Candidate
Conservation Agreement with Assurances (as
those terms are defined in that subsection)
relating to such species.
(2) The Secretary shall designate critical habitat, and make
revisions thereto, under subsection (a)(3) on the basis of the
best scientific data available and after taking into
consideration the economic impact, the impact on national
security, and any other relevant impact, of specifying any
particular area as critical habitat. The Secretary may exclude
any area from critical habitat if he determines that the
benefits of such exclusion outweigh the benefits of specifying
such area as part of the critical habitat, unless he
determines, based on the best scientific and commercial data
available, that the failure to designate such area as critical
habitat will result in the extinction of the species concerned.
(3)(A) To the maximum extent practicable, within 90 days
after receiving the petition of an interested person under
section 553(e) of title 5, United States Code, to add a species
to, or to remove a species from, either of the lists published
under subsection (c), the Secretary shall make a finding as to
whether the petition presents substantial scientific or
commercial information indicating that the petitioned action
may be warranted. If such a petition is found to present such
information, the Secretary shall promptly commence a review of
the status of the species concerned. The Secretary shall
promptly publish each finding made under this subparagraph in
the Federal Register.
(B) Within 12 months after receiving a petition that is found
under subparagraph (A) to present substantial information
indicating that the petitioned action may be warranted, the
Secretary shall make one of the following findings:
(i) The petitioned action is not warranted, in which
case the Secretary shall promptly publish such finding
in the Federal Register.
(ii) The petitioned action is warranted in which case
the Secretary shall promptly publish in the Federal
Register a general notice and the complete text of a
proposed regulation to implement such action in
accordance with paragraph (5).
(iii) The petitioned action is warranted but that--
(I) the immediate proposal and timely
promulgation of a final regulation implementing
the petitioned action in accordance with
paragraphs (5) and (6) is precluded by pending
proposals to determine whether any species is
an endangered species or a threatened species,
and
(II) expeditious progress is being made to
add qualified species to either of the lists
published under subsection (c) and to remove
from such lists species for which the
protections of the Act are no longer necessary,
in which case the Secretary shall promptly publish such
finding in the Federal Register, together with a
description and evaluation of the reasons and data on
which the finding is based.
(C)(i) A petition with respect to which a finding is made
under subparagraph (B)(iii) shall be treated as a petition that
is resubmitted to the Secretary under subparagraph (A) on the
date of such finding and that presents substantial scientific
or commercial information that the petitioned action may be
warranted.
(ii) Any negative finding described in subparagraph (A) and
any finding described in subparagraph (B)(i) or (iii) shall be
subject to judicial review.
(iii) The Secretary shall implement a system to monitor
effectively the status of all species with respect to which a
finding is made under subparagraph (B)(iii) and shall make
prompt use of the authority under paragraph 7 to prevent a
significant risk to the well being of any such species.
(D)(i) To the maximum extent practicable, within 90 days
after receiving the petition of an interested person under
section 553(e) of title 5, United States Code, to revise a
critical habitat designation, the Secretary shall make a
finding as to whether the petition presents substantial
scientific information indicating that the revision may be
warranted. The Secretary shall promptly publish such finding in
the Federal Register.
(ii) Within 12 months after receiving a petition that is
found under clause (i) to present substantial information
indicating that the requested revision may be warranted, the
Secretary shall determine how he intends to proceed with the
requested revision, and shall promptly publish notice of such
intention in the Federal Register.
(4) Except as provided in paragraphs (5) and (6) of this
subsection, the provisions of section 553 of title 5, United
States Code (relating to rulemaking procedures), shall apply to
any regulation promulgated to carry out the purposes of this
Act.
(5) With respect to any regulation proposed by the Secretary
to implement a determination, designation, or revision referred
to in subsection (a)(1) or (3), the Secretary shall--
(A) not less than 90 days before the effective date
of the regulation--
(i) publish a general notice and the complete
text of the proposed regulation in the Federal
Register, and
(ii) give actual notice of the proposed
regulation (including the complete text of the
regulation) to the State agency in each State
in which the species is believed to occur, and
to each county or equivalent jurisdiction in
which the species is believed to occur, and
invite the comment of such agency, and each
such jurisdiction, thereon;
(B) insofar as practical, and in cooperation with the
Secretary of State, give notice of the proposed
regulation to each foreign nation in which the species
is believed to occur or whose citizens harvest the
species on the high seas, and invite the comment of
such nation thereon;
(C) give notice of the proposed regulation to such
professional scientific organizations as he deems
appropriate;
(D) publish a summary of the proposed regulation in a
newspaper of general circulation in each area of the
United States in which the species is believed to
occur; and
(E) promptly hold one public hearing on the proposed
regulation if any person files a request for such a
hearing within 45 days after the date of publication of
general notice.
(6)(A) Within the one-year period beginning on the date on
which general notice is published in accordance with paragraph
(5)(A)(i) regarding a proposed regulation, the Secretary shall
publish in the Federal Register--
(i) if a determination as to whether a species is an
endangered species or a threatened species, or a
revision of critical habitat, is involved, either--
(I) a final regulation to implement such
determination,
(II) a final regulation to implement such
revision or a finding that such revision should
not be made,
(III) notice that such one-year period is
being extended under subparagraph (B)(i), or
(IV) notice that the proposed regulation is
being withdrawn under subparagraph (B)(ii),
together with the finding on which such
withdrawal is based; or
(ii) subject to subparagraph (C), if a designation of
critical habitat is involved, either--
(I) a final regulation to implement such
designation, or
(II) notice that such one-year period is
being extended under such subparagraph.
(B)(i) If the Secretary finds with respect to a proposed
regulation referred to in subparagraph (A)(i) that there is
substantial disagreement regarding the sufficiency or accuracy
of the available data relevant to the determination or revision
concerned, the Secretary may extend the one-year period
specified in subparagraph (A) for not more than six months for
purposes of soliciting additional data.
(ii) If a proposed regulation referred to in subparagraph
(A)(i) is not promulgated as a final regulation within such
one-year period (or longer period if extension under clause (i)
applies) because the Secretary finds that there is not
sufficient evidence to justify the action proposed by the
regulation, the Secretary shall immediately withdraw the
regulation. The finding on which a withdrawal is based shall be
subject to judicial review. The Secretary may not propose a
regulation that has previously been withdrawn under this clause
unless he determines that sufficient new information is
available to warrant such proposal.
(iii) If the one-year period specified in subparagraph (A) is
extended under clause (i) with respect to a proposed
regulation, then before the close of such extended period the
Secretary shall publish in the Federal Register either a final
regulation to implement the determination or revision
concerned, a finding that the revision should not be made, or a
notice of withdrawal of the regulation under clause (ii),
together with the finding on which the withdrawal is based.
(C) A final regulation designating critical habitat of an
endangered species or a threatened species shall be published
concurrently with the final regulation implementing the
determination that such species is endangered or threatened,
unless the Secretary deems that--
(i) it is essential to the conservation of such
species that the regulation implementing such
determination be promptly published; or
(ii) critical habitat of such species is not then
determinable, in which case the Secretary, with respect
to the proposed regulation to designate such habitat,
may extend the one-year period specified in
subparagraph (A) by not more than one additional year,
but not later than the close of such additional year
the Secretary must publish a final regulation, based on
such data as may be available at that time,
designating, to the maximum extent prudent, such
habitat.
(7) Neither paragraph (4), (5), or (6) of this subsection nor
section 553 of title 5, United States Code, shall apply to any
regulation issued by the Secretary in regard to any emergency
posing a significant risk to the well-being of any species of
fish and wildlife or plants, but only if--
(A) at the time of publication of the regulation in
the Federal Register the Secretary publishes therein
detailed reasons why such regulation is necessary; and
(B) in the case such regulation applies to resident
species of fish or wildlife, or plants, the Secretary
gives actual notice of such regulation to the State
agency in each State in which such species is believed
to occur.
Such regulation shall, at the discretion of the Secretary, take
effect immediately upon the publication of the regulation in
the Federal Register. Any regulation promulgated under the
authority of this paragraph shall cease to have force and
effect at the close of the 240-day period following the date of
publication unless, during such 240-day period, the rulemaking
procedures which would apply to such regulation without regard
to this paragraph are complied with. If at any time after
issuing an emergency regulation the Secretary determines, on
the basis of the best appropriate data available to him, that
substantial evidence does not exist to warrant such regulation,
he shall withdraw it.
(8) The publication in the Federal Register of any proposed
or final regulation which is necessary or appropriate to carry
out the purposes of this Act shall include a summary by the
Secretary of the data on which such regulation is based and
shall show the relationship of such data to such regulation;
and if such regulation designates or revises critical habitat,
such summary shall, to the maximum extent practicable, also
include a brief description and evaluation of those activities
(whether public or private) which, in the opinion of the
Secretary, if undertaken may adversely modify such habitat, or
may be affected by such designation.
(c) Lists.--(1) The Secretary of the Interior shall publish
in the Federal Register a list of all species determined by him
or the Secretary of Commerce to be endangered species and a
list of all species determined by him or the Secretary of
Commerce to be threatened species. Each list shall refer to the
species contained therein by scientific and common name or
names, if any, specify with respect to such species over what
portion of its range it is endangered or threatened, and
specify any critical habitat within such range. The Secretary
shall from time to time revise each list published under the
authority of this subsection to reflect recent determinations,
designations, and revisions made in accordance with subsections
(a) and (b).
(2) The Secretary shall--
(A) conduct, at least once every five years, a review
of all species included in a list which is published
pursuant to paragraph (1) and which is in effect at the
time of such review; and
(B) determine on the basis of such review whether any
such species should--
(i) be removed from such list;
(ii) be changed in status from an endangered
species to a threatened species; or
(iii) be changed in status from a threatened
species to an endangered species.
Each determination under subparagraph (B) shall be made in
accordance with the provisions of subsection (a) and (b).
[(d) Protective Regulations.--Whenever any species is listed
as a threatened species pursuant to subsection (c) of this
section, the Secretary shall issue such regulations as he deems
necessary and advisable to provide for the conservation of such
species. The Secretary may by regulation prohibit with respect
to any threatened species any act prohibited under section
9(a)(1), in the case of fish or wildlife, or section 9(a)(2) in
the case of plants, with respect to endangered species; except
that with respect to the taking of resident species of fish or
wildlife, such, regulations shall apply in any State which has
entered into a cooperative agreement pursuant to section 6(c)
of this Act only to the extent that such regulations have also
been adopted by such State.]
(d) Protective Regulations.--
(1) In general.--Whenever any species is
listed as a threatened species pursuant to
subsection (c), the Secretary shall issue such
regulations as are necessary and advisable to
provide for the conservation of that species.
(2) Recovery goals.--If the Secretary issues
a regulation under paragraph (1) that prohibits
an act described in section 9(a), the Secretary
shall, with respect to the species that is the
subject of such regulation--
(A) establish objective, incremental
recovery goals;
(B) provide for the stringency of
such regulation to decrease as such
recovery goals are met; and
(C) provide for State management
within such State, if such State is
willing to take on such management,
beginning on the date on which the
Secretary determines all such recovery
goals are met and, if such recovery
goals remain met, continuing until such
species is removed from the list of
threatened species published pursuant
to subsection (c).
(3) Cooperative agreement.--A regulation
issued under paragraph (1) that prohibits an
act described in section 9(a)(1) with respect
to a resident species shall apply with respect
to a State that has entered into a cooperative
agreement with the Secretary pursuant to
section 6(c) only to the extent that such
regulation is adopted by such State.
(4) State recovery strategy.--
(A) In general.--A State may develop
a recovery strategy for a threatened
species or a candidate species and
submit to the Secretary a petition for
the Secretary to use such recovery
strategy as the basis for any
regulation issued under paragraph (1)
with respect to such species within
such State.
(B) Approval or denial of petition.--
Not later than 120 days after the date
on which the Secretary receives a
petition submitted under subparagraph
(A), the Secretary shall--
(i) approve such petition if
the recovery strategy is
reasonably certain to be
implemented by the petitioning
State and to be effective in
conserving the species that is
the subject of such recovery
strategy; or
(ii) deny such petition if
the requirements described in
clause (i) are not met.
(C) Publication.--Not later than 30
days after the date on which the
Secretary approves or denies a petition
under subparagraph (B), the Secretary
shall publish such approval or denial
in the Federal Register.
(D) Denial of petition.--
(i) Written explanation.--If
the Secretary denies a petition
under subparagraph (B), the
Secretary shall include in such
denial a written explanation
for such denial, including a
description of the changes to
such petition that are
necessary for the Secretary to
approve such petition.
(ii) Resubmission of denied
petition.--A State may resubmit
a petition that is denied under
subparagraph (B).
(E) Use in protective regulations.--
If the Secretary approves a petition
under subparagraph (B), the Secretary
shall--
(i) issue a regulation under
paragraph (1) that adopts the
recovery strategy as such
regulation with respect to the
species that is the subject of
such recovery strategy within
the petitioning State; and
(ii) establish objective
criteria to evaluate the
effectiveness of such recovery
strategy in conserving such
species within such State.
(F) Revision.--If a recovery strategy
that is adopted as a regulation issued
under paragraph (1) is determined by
the Secretary to be ineffective in
conserving the species that is the
subject of such recovery strategy in
accordance with the objective criteria
established under subparagraph (E)(ii)
for such recovery strategy, the
Secretary shall revise such regulation
and reissue such regulation in
accordance with paragraph (1).
(e) Similarity of Appearance Cases.--The Secretary may, by
regulation of commerce or taking, and to the extent he deems
advisable, treat any species as an endangered species or
threatened species even through it is not listed pursuant to
section 4 of this Act if he finds that--
(A) such species so closely resembles in appearance,
at the point in question, a species which has been
listed pursuant to such section that enforcement
personnel would have substantial difficulty in
attempting to differentiate between the listed and
unlisted species;
(B) the effect of this substantial difficulty is an
additional threat to an endangered or threatened
species; and
(C) such treatment of an unlisted species will
substantially facilitate the enforcement and further
the policy of this Act.
(f)(1) Recovery Plans.--The Secretary shall develop and
implement plans (hereinafter in this subsection referred to as
``recovery plans'') for the conservation and survival of
endangered species and threatened species listed pursuant to
this section, unless he finds that such a plan will not promote
the conservation of the species. The Secretary, in developing
and implementing recovery plans, shall, to the maximum extent
practicable--
(A) give priority to those endangered species or
threatened species, without regard to taxonomic
classification, that are most likely to benefit from
such plans, particularly those species that are, or may
be, in conflict with construction or other development
projects or other forms of economic activity;
(B) incorporate in each plan--
(i) a description of such site-specific
management actions as may be necessary to
achieve the plan's goal for the conservation
and survival of the species;
(ii) objective, measurable criteria which,
when met, would result in a determination, in
accordance with the provisions of this section,
that the species be removed from the list;
[and]
(iii) estimates of the time required and the
cost to carry out those measures needed to
achieve the plan's goal and to achieve
intermediate steps toward that goal[.]; and
(iv) with respect to an endangered species,
objective, incremental recovery goals in
accordance with subsection (d)(2)(A) for use
under that subsection if such endangered
species is changed in status from an endangered
species to a threatened species under
subsection (c)(2)(B)(ii).
(2) The Secretary, in developing and implementing recovery
plans, may procure the services of appropriate public and
private agencies and institutions and other qualified persons.
Recovery teams appointed pursuant to this subsection shall not
be subject to chapter 10 of title 5, United States Code.
(3) The Secretary shall report every two years to the
Committee on Environment and Public Works of the Senate and the
Committee on Merchant Marine and Fisheries of the House of
Representatives on the status of efforts to develop and
implement recovery plans for all species listed pursuant to
this section and on the status of all species for which such
plans have been developed.
(4) The Secretary shall, prior to final approval of a new or
revised recovery plan, provide public notice and an opportunity
for public review and comment on such plan. The Secretary shall
consider all information presented during the public comment
period prior to approval of the plan.
(5) Each Federal agency shall, prior to implementation of a
new or revised recovery plan, consider all information
presented during the public comment period under paragraph (4).
(g) Monitoring.--(1) The Secretary shall implement a system
in cooperation with the States to monitor effectively for not
less than five years the status of all species which have
recovered to the point at which the measures provided pursuant
to this Act are no longer necessary and which, in accordance
with the provisions of this section, have been removed from
either of the lists published under subsection (c).
(2) The Secretary shall make prompt use of the authority
under paragraph 7 of subsection (b) of this section to prevent
a significant risk to the well being of any such recovered
species.
(h) Agency Guidelines.--The Secretary shall establish, and
publish in the Federal Register, agency guidelines to insure
that the purposes of this section are achieved efficiently and
effectively. Such guidelines shall include, but are not limited
to--
(1) procedures for recording the receipt and the
disposition of petitions submitted under subsection
(b)(3) of this section;
(2) criteria for making the findings required under
such subsection with respect to petitions;
(3) a ranking system to assist in the identification
of species that should receive priority review under
subsection (a)(1) of the section; and
(4) a system for developing and implementing, on a
priority basis, recovery plans under subsection (f) of
this section.
The Secretary shall provide to the public notice of, and
opportunity to submit written comments on, any guideline
(including any amendment thereto) proposed to be established
under this subsection.
(i) If, in the case of any regulation proposed by the
Secretary under the authority of this section, a State agency
to which notice thereof was given in accordance with subsection
(b)(5)(A)(ii) files comments disagreeing with all or part of
the proposed regulation, and the Secretary issues a final
regulation which is in conflict with such comments, or if the
Secretary fails to adopt a regulation pursuant to an action
petitioned by a State agency under subsection (b)(3), the
Secretary shall submit to the State agency a written
justification for his failure to adopt regulations consistent
with the agency's comments or petition.
* * * * * * *
exceptions
Sec. 10. (a) Permits.--(1) The Secretary may permit, under
such terms and conditions as he shall prescribe--
(A) any act otherwise prohibited by section 9 for
scientific purposes or to enhance the propagation or
survival of the affected species, including, but not
limited to, acts necessary for the establishment and
maintenance of experimental populations pursuant to
subsection (j); or
(B) any taking otherwise prohibited by section
9(a)(1)(B) if such taking is incidental to, and not the
purpose of, the carrying out of an otherwise lawful
activity.
(2)(A) No permit may be issued by the Secretary authorizing
any taking referred to in paragraph (1)(B) unless the applicant
therefor submits to the Secretary a conservation plan that
specifies--
(i) the impact which will likely result from such
taking;
(ii) what steps the applicant will take to minimize
and mitigate such impacts, and the funding that will be
available to implement such steps;
(iii) what alternative actions to such taking the
applicant considered and the reasons why such
alternatives are not being utilized; and
(iv) such other measures that the Secretary may
require as being necessary or appropriate for purposes
of the plan.
(B) If the Secretary finds, after opportunity for public
comment, with respect to a permit application and the related
conservation plan that--
(i) the taking will be incidental;
(ii) the applicant will, to the maximum extent
practicable, minimize and mitigate the impacts of such
taking;
(iii) the applicant will ensure that adequate funding
for the plan will be provided;
(iv) the taking will not appreciably reduce the
likelihood of the survival and recovery of the species
in the wild; and
(v) the measures, if any, required under subparagraph
(A)(iv) will be met;
and he has received such other assurances as he may require
that the plan will be implemented, the Secretary shall issue
the permit. The permit shall contain such terms and conditions
as the Secretary deems necessary or appropriate to carry out
the purposes of this paragraph, including, but not limited to,
such reporting requirements as the Secretary deems necessary
for determining whether such terms and conditions are being
complied with.
(C) The Secretary shall revoke a permit issued under this
paragraph if he finds that the permittee is not complying with
the terms and conditions of the permit.
(b) Hardship Exemptions.--(1) If any person enters into a
contract with respect to a species of fish or wildlife or plant
before the date of the publication in the Federal Register of
notice of consideration of that species as an endangered
species and the subsequent listing of that species as an
endangered species pursuant to section 4 of this Act will cause
undue hardship to such person under the contract, the
Secretary, in order to minimize such hardship, may exempt such
person from the application of section 9(a) of this Act to the
extent the Secretary deems appropriate if such person applies
to him for such exemption and includes with such application
such information as the Secretary may require to prove such
hardship; except that (A) no such exemption shall be for a
duration of more than one year from the date of publication in
the Federal Register of notice of consideration of the species
concerned, or shall apply to a quantity of fish or wildlife or
plants in excess of that specified by the Secretary; (B) the
one-year period for those species of fish or wildlife listed by
the Secretary as endangered prior to the effective date of this
Act shall expire in accordance with the terms of section 3 of
the Act of December 5, 1969 (83 Stat. 275); and (C) no such
exemption may be granted for the importation or exportation of
a specimen listed in Appendix I of the Convention which is to
be used in a commercial activity.
(2) As used in this subsection, the term ``undue economic
hardship'' shall include, but not be limited to:
(A) substantial economic loss resulting from
inability caused by this Act to perform contracts with
respect to species of fish and wildlife entered into
prior to the date of publication in the Federal
Register of a notice of consideration of such species
as an endangered species;
(B) substantial economic loss to persons who, for the
year prior to the notice of consideration of such
species as an endangered species, derived a substantial
portion of their income from the lawful taking of any
listed species, which taking would be made unlawful
under this Act; or
(C) curtailment of subsistence taking made unlawful
under this Act by persons (i) not reasonably able to
secure other sources of subsistence; and (ii) dependent
to a substantial extent upon hunting and fishing for
subsistence; and (iii) who must engage in such
curtailed taking for subsistence purposes.
(3) The Secretary may make further requirements for a showing
of undue economic hardship as he deems fit. Exceptions granted
under this section may be limited by the Secretary in his
discretion as to time, area, or other factor of applicability.
(c) Notice and Review.--The Secretary shall publish notice in
the Federal Register of each application for an exemption or
permit which is made under this section. Each notice shall
invite the submission from interested parties, within thirty
days after the date of the notice, of written data, views, or
arguments with respect to the application; except that such
thirty-day period may be waived by the Secretary in an
emergency situation where the health or life of an endangered
animal is threatened and no reasonable alternative is available
to the applicant, but notice of any such waiver shall be
published by the Secretary in the Federal Register within ten
days following the issuance of the exemption or permit.
Information received by the Secretary as part of any
application shall be available to the public as a matter of
public record at every stage of the proceeding.
(d) Permit and Exemption Policy.--The Secretary may grant
exceptions under subsections (a)(1)(A) and (b) of this section
only if he finds and publishes his finding in the Federal
Register that (1) such exceptions were applied for in good
faith, (2) if granted and exercised will not operate to the
disadvantage of such endangered species, and (3) will be
consistent with the purposes and policy set forth in section 2
of this Act.
(e) Alaska Natives.--(1) Except as provided in paragraph (4)
of this subsection the provisions of this Act shall not apply
with respect to the taking of any endangered species or
threatened species, or the importation of any such species
taken pursuant to this section, by--
(A) any Indian, Aleut, or Eskimo who is an Alaskan
Native who resides in Alaska; or
(B) any non-native permanent resident of an Alaska
native village;
if such taking is primarily for subsistence purposes. Non-
edible by-products of species taken pursuant to this section
may be sold in interstate commerce when made into authentic
native articles of handicrafts and clothing; except that the
provisions of this subsection shall not apply to any non-native
resident of an Alaskan native village found by the Secretary to
be not primarily dependent upon the taking of fish and wildlife
for consumption or for the creation and sale of authentic
native articles of handicrafts and clothing.
(2) Any taking under this subsection may not be accomplished
in a wasteful manner.
(3) As used in this subsection--
(i) The term ``subsistence'' includes selling any
edible portion of fish or wildlife in native villages
and towns in Alaska for native consumption within
native villages or towns; and
(ii) The term ``authentic native articles of handicrafts and
clothing'' means items composed wholly or in some significant
respect to natural materials, and which are produced, decorated
or fashioned in the exercise of traditional native handicrafts
without the use of pantographs, multiple carvers, or other mass
copying devices. Traditional native handicrafts include, but
are not limited to, weaving, carving, stitching, sewing,
lacing, beading, drawing, and painting.
(4) Notwithstanding the provisions of paragraph (l) of this
subsection, whenever the Secretary determines that any species
of fish or wildlife which is subject to taking under the
provisions of this subsection is an endangered species or
threatened species, and that such taking materially and
negatively affects the threatened or endangered species, he may
prescribe regulations upon the taking of such species by any
such Indian, Aleut, Eskimo, or non-native Alaskan resident of
an Alaskan native village. Such regulations may be established
with reference to species, geographical description of the area
included, the season for taking, or any other factors related
to the reason for establishing such regulations and consistent
with the policy of this Act. Such regulations shall be
prescribed after a notice and hearings in the affected judicial
districts of Alaska and as otherwise required by section 103 of
the Marine Mammal Protection Act of 1972, and shall be removed
as soon as the Secretary determines that the need for their
impositions has disappeared.
(f)(1) As used in this subsection--
(A) The term ``pre-Act endangered species part''
means--
(i) any sperm whale oil, including
derivatives thereof, which was lawfully held
within the United States on December 28, 1973,
in the course of a commercial activity; or
(ii) any finished scrimshaw product, if such
product or the raw material for such product
was lawfully held within the United States on
December 28, 1973, in the course of a
commercial activity.
(B) The term ``scrimshaw product'' means any art form
which involves the substantial etching or engraving of
designs upon, or the substantial carving of figures,
patterns, or designs from, any bone or tooth of any
marine mammal of the order Cetacea. For purposes of
this subsection, polishing or the adding of minor
superficial markings does not constitute substantial
etching, engraving, or carving.
(2) The Secretary, pursuant to the provisions of this
subsection, may exempt, if such exemption is not in violation
of the Convention, any pre-Act endangered species part from one
or more of the following prohibitions.
(A) The prohibition on exportation from the United
States set forth in section 9(a)(1)(A) of this Act.
(B) Any prohibition set forth in section 9(a)(1) (E)
or (F) of this Act.
(3) Any person seeking an exemption described in paragraph
(2) of this subsection shall make application therefor to the
Secretary in such form and manner as he shall prescribe, but no
such application may be considered by the Secretary unless the
application--
(A) is received by the Secretary before the close of
the one-year period beginning on the date on which
regulations promulgated by the Secretary to carry out
this subsection first take effect;
(B) contains a complete and detailed inventory of all
pre-Act endangered species parts for which the
applicant seeks exemption;
(C) is accompanied by such documentation as the
Secretary may require to prove that any endangered
species part or product claimed by the applicant to be
a pre-Act endangered species part is in fact such a
part; and
(D) contains such other information as the Secretary
deems necessary and appropriate to carry out the
purposes of this subsection.
(4) If the Secretary approves any application for exemption
made under this subsection, he shall issue to the applicant a
certificate of exemption which shall specify--
(A) any prohibition in section 9(a) of this Act which
is exempted;
(B) the pre-Act endangered species parts to which the
exemption applies;
(C) the period of time during which the exemption is
in effect, but no exemption made under this subsection
shall have force and effect after the close of the
three-year period beginning on the date of issuance of
the certificate unless such exemption is renewed under
paragraph (8); and
(D) any term or condition prescribed pursuant to
paragraph (5) (A) or (B), or both, which the Secretary
deems necessary or appropriate.
(5) The Secretary shall prescribe such regulations as he
deems necessary and appropriate to carry out the purposes of
this subsection. Such regulations may set forth--
(A) terms and conditions which may be imposed on
applicants for exemptions under this subsection
(including, but not limited to, requirements that
applicants register inventories, keep complete sales
records, permit duly authorized agents of the Secretary
to inspect such inventories and records, and
periodically file appropriate reports with the
Secretary); and
(B) terms and conditions which may be imposed on any
subsequent purchaser of any pre-Act endangered species
part covered by an exemption granted under this
subsection;
to insure that any such part so exempted is adequately
accounted for and not disposed of contrary to the provisions of
this Act. No regulation prescribed by the Secretary to carry
out the purposes of this subsection shall be subject to section
4(f)(2)(A)(i) of this Act.
(6)(A) Any contract for the sale of pre-Act endangered
species parts which is entered into by the Administrator of
General Services prior to the effective date of this subsection
and pursuant to the notice published in the Federal Register on
January 9, 1973, shall not be rendered invalid by virtue of the
fact that fulfillment of such contract may be prohibited under
section 9(a)(1)(F).
(B) In the event that this paragraph is held invalid, the
validity of the remainder of the Act, including the remainder
of this subsection, shall not be affected.
(7) Nothing in this subsection shall be construed to--
(A) exonerate any person from any act committed in
violation of paragraphs (1)(A), (1)(E), or (1)(F) of
section 9(a) prior to the date of enactment of this
subsection; or
(B) immunize any person from prosecution for any such
act.
(8)(A)(i) Any valid certificate of exemption which was
renewed after October 13, 1982, and was in effect on March 31,
1988, shall be deemed to be renewed for a 6-month period
beginning on the date of enactment of the Endangered Species
Act Amendments of 1988. Any person holding such a certificate
may apply to the Secretary for one additional renewal of such
certificate for a period not to exceed 5 years beginning on the
date of such enactment.
(B) If the Secretary approves any application for renewal of
an exemption under this paragraph, he shall issue to the
applicant a certificate of renewal of such exemption which
shall provide that all terms, conditions, prohibitions, and
other regulations made applicable by the previous certificate
shall remain in effect during the period of the renewal.
(C) No exemption or renewal of such exemption made under this
subsection shall have force and effect after the expiration
date of the certificate of renewal of such exemption issued
under this paragraph.
(D) No person may, after January 31, 1984, sell or offer for
sale in interstate or foreign commerce, any pre-Act finished
scrimshaw product unless such person holds a valid certificate
of exemption issued by the Secretary under this subsection, and
unless such product or the raw material for such product was
held by such person on October 13, 1982.
(g) In connection with any action alleging a violation of
section 9, any person claiming the benefit of any exemption or
permit under this Act shall have the burden of proving that the
exemption or permit is applicable, has been granted, and was
valid and in force at the time of the alleged violation.
(h) Certain Antique Articles.--(1) Sections 4(d), 9(a), and
9(c) do not apply to any article which--
(A) is not less than 100 years of age;
(B) is composed in whole or in part of any endangered
species or threatened species listed under section 4;
(C) has not been repaired or modified with any part
of any such species on or after the date of the
enactment of this Act; and
(D) is entered at a port designated under paragraph
(3).
(2) Any person who wishes to import an article under the
exception provided by this subsection shall submit to the
customs officer concerned at the time of entry of the article
such documentation as the Secretary of the Treasury, after
consultation with the Secretary of the Interior, shall by
regulation require as being necessary to establish that the
article meets the requirements set forth in paragraph (1) (A),
(B), and (C).
(3) The Secretary of the Treasury, after consultation with
the Secretary of the Interior, shall designate one port within
each customs region at which articles described in paragraph
(1) (A), (B), and (C) must be entered into the customs
territory of the United States.
(4) Any person who imported, after December 27, 1973, and on
or before the date of the enactment of the Endangered Species
Act Amendments of 1978, any article described in paragraph (1)
which--
(A) was not repaired or modified after the date of
importation with any part of any endangered species or
threatened species listed under section 4;
(B) was forfeited to the United States before such
date of the enactment, or is subject to forfeiture to
the United States on such date of enactment, pursuant
to the assessment of a civil penalty under section 11;
and
(C) is in the custody of the United States on such
date of enactment;
may, before the close of the one-year period beginning on such
date of enactment make application to the Secretary for return
of the article. Application shall be made in such form and
manner, and contain such documentation, as the Secretary
prescribes. If on the basis of any such application which is
timely filed, the Secretary is satisfied that the requirements
of this paragraph are met with respect to the article
concerned, the Secretary shall return the article to the
applicant and the importation of such article shall, on and
after the date of return, be deemed to be a lawful importation
under this Act.
(i) Noncommercial Transshipments.--Any importation into the
United States of fish or wildlife shall, if--
(1) such fish or wildlife was lawfully taken and
exported from the country of origin and country of
reexport, if any;
(2) such fish or wildlife is in transit or
transshipment through any place subject to the
jurisdiction of the United States en route to a country
where such fish or wildlife may be lawfully imported
and received;
(3) the exporter or owner of such fish or wildlife
gave explicit instructions not to ship such fish or
wildlife through any place subject to the jurisdiction
of the United States, or did all that could have
reasonably been done to prevent transshipment, and the
circumstances leading to the transshipment were beyond
the exporter's or owner's control;
(4) the applicable requirements of the Convention
have been satisfied; and
(5) such importation is not made in the course of a
commercial activity,
be an importation not in violation of any provision of this Act
or any regulation issued pursuant to this Act while such fish
or wildlife remains in the control of the United States Customs
Service.
(j) Experimental Populations.--(1) For purposes of this
subsection, the term ``experimental population'' means any
population (including any offspring arising solely therefrom)
authorized by the Secretary for release under paragraph (2),
but only when, and at such times as, the population is wholly
separate geographically from nonexperimental populations of the
same species.
(2)(A) The Secretary may authorize the release (and the
related transportation) of any population (including eggs,
propagules, or individuals) of an endangered species or a
threatened species outside the current range of such species if
the Secretary determines that such release will further the
conservation of such species.
(B) Before authorizing the release of any population under
subparagraph (A), the Secretary shall by regulation identify
the population and determine, on the basis of the best
available information, whether or not such population is
essential to the continued existence of an endangered species
or a threatened species.
(C) For the purposes of this Act, each member of an
experimental population shall be treated as a threatened
species; except that--
(i) solely for purposes of section 7 (other than
subsection (a)(1) thereof), an experimental population
determined under subparagraph (B) to be not essential
to the continued existence of a species shall be
treated, except when it occurs in an area within the
National Wildlife Refuge System or the National Park
System, as a species proposed to be listed under
section 4; and
(ii) critical habitat shall not be designated under
this Act for any experimental population determined
under subparagraph (B) to be not essential to the
continued existence of a species.
(3) The Secretary, with respect to populations of endangered
species or threatened species that the Secretary authorized,
before the date of the enactment of this subsection, for
release in geographical areas separate from the other
populations of such species, shall determine by regulation
which of such populations are an experimental population for
the purposes of this subsection and whether or not each is
essential to the continued existence of an endangered species
or a threatened species.
(k) Candidate Conservation Agreements With Assurances.--
(1) Proposed agreement.--A covered party may submit a
proposed Agreement to the Secretary.
(2) Approval.--Not later than 120 days after the date
of the receipt of a proposed Agreement under paragraph
(1), the Secretary shall approve the proposed Agreement
if the Secretary determines that the proposed
Agreement--
(A) sets forth specific management activities
that the covered party will undertake to
conserve the covered species;
(B) provides a positive estimate of the net
conservation benefit of such management
activities to the covered species;
(C) describes, to the maximum extent
practicable, the existing population levels of
the covered species or the existing quality of
habitat;
(D) includes a monitoring plan to be carried
out by the parties to the Agreement; and
(E) provides assurances to the covered party
that no additional conservation measures will
be required and additional land, water, or
resource use restrictions will not be imposed
on the covered party if the covered species
becomes listed after the effective date of such
Agreement.
(3) Denial.--Not later than 120 days after the date
of the receipt of a proposed Agreement under paragraph
(1), the Secretary shall--
(A) deny the proposed Agreement if the
Secretary determines that the proposed
Agreement does not meet the requirements
described in paragraph (2); and
(B) provide the submitting covered party a
written explanation for such determination and
the adjustments required for the Secretary to
approve such proposed Agreement.
(4) Programmatic candidate conservation agreement
with assurances.--
(A) In general.--The Secretary may enter into
a Candidate Conservation Agreement with
Assurances with a covered party that authorizes
such covered party--
(i) to administer such Candidate
Conservation Agreement with Assurances;
(ii) to hold any permit issued under
this section with regard to such
Candidate Conservation Agreement with
Assurances;
(iii) to enroll other covered parties
within the area covered by such
Candidate Conservation Agreement with
Assurances in such Candidate
Conservation Agreement with Assurances;
and
(iv) to convey any permit
authorization held by such covered
party under clause (ii) to each covered
party enrolled under clause (iii).
(B) Publication.--Upon receipt of a proposed
programmatic Candidate Conservation Agreement
with Assurances under paragraph (1) and before
approving or denying such a proposed
programmatic Candidate Conservation Agreement
with Assurances under paragraph (2) or (3),
respectively, the Secretary shall--
(i) not later than 30 days after the
date of such receipt, publish the
proposed programmatic Candidate
Conservation Agreement with Assurances
in the Federal Register for public
comment for a period of not less than
60 days;
(ii) review any comments received
under clause (i); and
(iii) after the close of the public
comment period for the proposed
programmatic Candidate Conservation
Agreement with Assurances, publish in
the Federal Register--
(I) any comments received
under clause (i); and
(II) the approval or denial
of the proposed programmatic
Candidate Conservation
Agreement with Assurances under
paragraph (2) or (3),
respectively.
(5) Incidental take authorization.--If a covered
species is listed under section 4, the Secretary shall
issue a permit to the relevant covered party under this
section allowing incidental take of and modification to
the habitat of such covered species consistent with the
Agreement.
(6) Technical assistance.--The Secretary shall, upon
request, provide a covered party with technical
assistance in developing a proposed Agreement.
(7) Applicability to federal land.--An Agreement may
apply to a covered party that conducts activities on
land administered by any Federal agency pursuant to a
permit or lease issued to the covered party by that
Federal agency.
(8) Exemption from consultation requirement.--An
Agreement approved under this subsection shall be
deemed to have been granted an exemption under section
7(h) for the purposes of that section.
(9) Exemption from disclosure.--Information submitted
by a private party to the Secretary under this
subsection shall be exempt from disclosure under
section 552(b)(3)(B) of title 5, United States Code.
(10) Definitions.--In this subsection:
(A) Agreement.--The term ``Agreement''
means--
(i) a Candidate Conservation
Agreement with Assurances; or
(ii) a programmatic Candidate
Conservation Agreement with Assurances.
(B) Candidate conservation agreement with
assurances.--The term ``Candidate Conservation
Agreement with Assurances'' means any voluntary
agreement, including a conservation benefit
agreement, between the Secretary and a covered
party in which--
(i) the covered party commits to
implementing mutually agreed upon
conservation measures for a candidate
species; and
(ii) the Secretary provides
assurances that, if such candidate
species is listed pursuant to section
4--
(I) the covered party shall
incur no additional obligations
beyond actions agreed to in the
agreement with respect to
conservation activities
required under this Act; and
(II) no additional land,
water, or resource use
restrictions shall be imposed
on the covered party beyond
those included in the
agreement.
(C) Candidate species.--The term ``candidate
species'' means a species--
(i) designated by the Secretary as a
candidate species under this Act; or
(ii) proposed to be listed pursuant
to section 4.
(D) Covered party.--The term ``covered
party'' means a--
(i) party that conducts activities on
land administered by a Federal agency
pursuant to a permit or lease issued to
the party;
(ii) private property owner;
(iii) county;
(iv) State or State agency; or
(v) Tribal government.
(E) Covered species.--The term ``covered
species'' means, with respect to an Agreement,
the species that is the subject of such
Agreement.
(F) Net conservation benefit.--The term ``net
conservation benefit'' means the net effect of
an Agreement, determined by comparing the
existing situation of the candidate species
without the Agreement in effect and a situation
in which the Agreement is in effect, on a
candidate species, including--
(i) the net effect on threats to such
species;
(ii) the net effect on the number of
individuals of such species; or
(iii) the net effect on the habitat
of such species.
(G) Programmatic candidate conservation
agreement with assurances.--The term
``programmatic Candidate Conservation Agreement
with Assurances'' means a Candidate
Conservation Agreement with Assurances
described in paragraph (4)(A).
* * * * * * *
----------
FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING ACT OF 1974
* * * * * * *
Sec. 6. National Forest System Resource Planning.--(a) As a
part of the Program provided for by section 4 of this Act, the
Secretary shall develop, maintain, and, as appropriate, revise
land and resource management plans for units of the National
Forest System, coordinated with the land and resource
management planning processes of State and local governments
and other Federal agencies.
(b) In the development and maintenance of land management
plans for use on units of the National Forest System, the
Secretary shall use a systematic interdisciplinary approach to
achieve integrated consideration of physical, biological,
economic, and other sciences.
(c) The Secretary shall begin to incorporate the standards
and guidelines required by this section in plans for units of
the National Forest System as soon as practicable after
enactment of this subsection and shall attempt to complete such
incorporation for all such units by no later than September 30,
1985. The Secretary shall report to the Congress on the
progress of such incorporation in the annual report required by
section 8(c) of this Act. Until such time as a unit of the
National Forest System is managed under plans developed in
accordance with this Act, the management of such unit may
continue under existing land and resource management plans.
(d) Public Participation and Consultation.--
(1) In general.--The Secretary shall provide for
public participation in the development, review, and
revision of land management plans including, but not
limited to, making the plans or revisions available to
the public at convenient locations in the vicinity of
the affected unit for a period of at least three months
before final adoption, during which period the
Secretary shall publicize and hold public meetings or
comparable processes at locations that foster public
participation in the review of such plans or revisions.
[(2) No additional consultation required after
approval of land management plans.--
[(A) In general.--Except as provided in
subparagraph (B), notwithstanding any other
provision of law, the Secretary shall not be
required to engage in consultation under this
section or any other provision of law
(including section 7 of Public Law 93-205 (16
U.S.C. 1536) and section 402.16 of title 50,
Code of Federal Regulations (or a successor
regulation)) with respect to--
[(i) the listing of a species as
threatened or endangered, or a
designation of critical habitat
pursuant to Public Law 93-205 (16
U.S.C. 1531 et seq.), if a land
management plan has been adopted by the
Secretary as of the date of listing or
designation; and
[(ii) any provision of a land
management plan adopted as described in
clause (i).
[(B) Exception.--Subparagraph (A) shall not
apply if--
[(i) 15 years have passed since the
date on which the Secretary adopted the
land management plan described in
clause (i) of that subparagraph; and
[(ii) 5 years have passed since the
date of enactment of this section or
the date of the listing of a species as
threatened or endangered for a species
known to occur on the unit or the
designation of critical habitat within
the unit as described in clause (i) of
that subparagraph, whichever is later.
[(C) Effect of paragraph.--Nothing in this
paragraph affects any applicable requirement of
the Secretary to consult with the head of any
other Federal department or agency--
[(i) regarding any project carried
out, or proposed to be carried out, to
implement a land management plan
pursuant to Public Law 93-205 (16
U.S.C. 1531 et seq.), including any
requirement to consult regarding the
consideration of cumulative impacts of
completed, ongoing, and planned
projects; or
[(ii) with respect to--
[(I) the development of a
modification to a land
management plan; or
[(II) an amendment or
revision to a land management
plan in accordance with
paragraph (4) or (5) of
subsection (f).]
(2) No additional consultation required under certain
circumstances.--Notwithstanding any other provision of
law, the Secretary shall not be required to reinitiate
consultation under section 7(a)(2) of the Endangered
Species Act of 1973 (16 U.S.C. 1536(a)(2)) or section
402.16 of title 50, Code of Federal Regulations (or a
successor regulation), on a land management plan
approved, amended, or revised under this section when--
(A) a new species is listed or critical
habitat is designated under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.);
or
(B) new information reveals effects of the
land management plan that may affect a species
listed or critical habitat designated under
that Act in a manner or to an extent not
previously considered.
(e) In developing, maintaining, and revising plans for units
of the National Forest System pursuant to this section, the
Secretary shall assure that such plans--
(1) provide for multiple use and sustained yield of
the products and services obtained therefrom in
accordance with the Multiple-Use Sustained-Yield Act of
1960, and, in particular, include coordination of
outdoor recreation, range, timber, watershed, wildlife
and fish, and wilderness; and
(2) determine forest management systems, harvesting
levels, and procedures in the light of all of the uses
set forth in subsection (c)(1), the definition of the
terms ``multiple use'' and ``sustained yield'' as
provided in the Multiple-Use Sustained-Yield Act of
1960, and the availability of lands and their
suitability for resources management.
(f) Plans developed in accordance with this section shall--
(1) form one integrated plan for each unit of the
National Forest System, incorporating in one document
or one set of documents, available to the public at
convenient locations, all of the features required by
this section;
(2) be embodied in appropriate written material,
including maps and other descriptive documents,
reflecting proposed and possible actions, including the
planned timber sale program and the proportion of
probable methods of timber harvest within the unit
necessary to fulfill the plan;
(3) be prepared by an interdisciplinary team. Each
team shall prepare its plan based on inventories of the
applicable resources of the forest;
(4) be amended in any manner whatsoever after final
adoption after public notice, and, if such amendment
would result in a significant change in such plan, in
accordance with the provisions of subsections (e) and
(f) of this section and public involvement comparable
to that required by subsection (d) of this section; and
(5) be revised (A) from time to time when the
Secretary finds conditions in a unit have significantly
changed, but at least every fifteen years, and (B) in
accordance with the provisions of subsections (e) and
(f) of this section and public involvement comparable
to that required by subsection (d) of this section.
(g) As soon as practicable, but not later than two years
after enactment of this subsection, the Secretary shall in
accordance with the procedures set forth in section 553 of
title 5, United States Code, promulgate regulations, under the
principles of the Multiple-Use Sustained-Yield Act of 1960,
that set out the process for the development and revision of
the land management plans, and the guidelines and standards
prescribed by this subsection. The regulations shall include,
but not be limited to--
(1) specifying procedures to insure that land
management plans are prepared in accordance with the
National Environmental Policy Act of 1969, including,
but not limited to, direction on when and for what
plans an environmental impact statement required under
section 102(2)(C) of that Act shall be prepared;
(2) specifying guidelines which--
(A) require the identification of the
suitability of lands for resource management;
(B) provide for obtaining inventory data on
the various renewable resources, and soil and
water, including pertinent maps, graphic
material, and explanatory aids; and
(C) provide for methods to identify special
conditions or situations involving hazards to
the various resources and their relationship to
alternative activities:
(3) specifying guidelines for land management plans
developed to achieve the goals of the Program which--
(A) insure consideration of the economic and
environmental aspects of various systems of
renewable resource management, including the
related systems of silviculture and protection
of forest resources, to provide for outdoor
recreation (including wilderness), range,
timber, watershed, wildlife, and and fish;
(B) provide for diversity of plant and animal
communities based on the suitability and
capability of the specific land area in order
to meet overall multiple-use objectives, and
within the multiple-use objectives of a land
management plan adopted pursuant to this
section, provide, where appropriate, to the
degree practicable, for steps to be taken to
preserve the diversity of tree species similar
to that existing in the region controlled by
the plan;
(C) insure research on and (based on
continuous monitoring and assessment in the
field) evaluation of the effects of each
management system to the end that it will not
produce substantial and permanent impairment of
the productivity of the land;
(D) permit increases in harvest levels based
on intensified management practices, such as
reforestation, thinning, and tree improvement
if (i) such practices justify increasing the
harvests in accordance with the Multiple-Use
Sustained-Yield Act of 1960, and (ii) such
harvest levels are decreased at the end of each
planning period if such practices cannot be
successfully implemented or funds are not
received to permit such practices to continue
substantially as planned;
(E) insure that timber will be harvested from
National Forest System lands only where--
(i) soil, slope, or other watersheld
conditions will not be irreversibly
damaged;
(ii) there is assurance that such
lands can be adequately restocked
within five years after harvest;
(iii) protection is provided for
streams, streambanks, shorelines,
lakes, wetlands, and other bodies of
water from detrimental changes in water
temperatures, blockages of water
courses, and deposits of sediment,
where harvests are likely to seriously
and adversely affect water conditions
or fish habitat; and
(iv) the harvesting system to be used
is not selected primarily because it
will give the greatest dollar return or
the greatest unit output of timber; and
(F) insure that clearcutting, seed tree
cutting, shelterwood cutting, and other cuts
designed to regenerate an evenaged stand of
timber will be used as a cutting method on
National Forest System lands only where--
(i) for clearcutting, it is
determined to be the optimum method,
and for other such cuts it is
determined to be appropriate, to meet
the objectives and requirements of the
relevant land management plan;
(ii) the interdisciplinary review as
determined by the Secretary has been
completed and the potential
environmental, biological, esthetic,
engineering, and economic impacts on
each advertised sale area have been
assessed, as well as the consistency of
the sale with the multiple use of the
general area;
(iii) cut blocks, patches, or strips
are shaped and blended to the extent
practicable with the natural terrain;
(iv) there are established according
to geographic areas, forest types, or
other suitable classifications the
maximum size limits for areas to be cut
in one harvest operation, including
provision to exceed the established
limits after appropriate public notice
and review by the responsible Forest
Service officer one level above the
Forest Service officer who normally
would approve the harvest proposal:
Provided, That such limits shall not
apply to the size of areas harvested as
a result of natural catastrophic
conditions such as fire, insect and
disease attack, or windstorm; and
(v) such cuts are carried out in a
manner consistent with the protection
of soil, watersheld, fish, wildlife,
recreation, and esthetic resources, and
the regeneration of the timber
resource.
(h)(1) In carrying out the purposes of subsection (g) of this
section, the Secretary shall appoint a committee of scientists
who are not officers or employees of the Forest Service. The
committee shall provide scientific and technical advice and
counsel on proposed guidelines and procedures to assure that an
effective interdiscipinary approach is proposed and adopted.
The committee shall terminate upon promulgation of the
regulations, but the Secretary may, from time to time, appoint
similar committees when considering revisions of the
regulations. The views of the committees shall be included in
the public information supplied when the regulations are
proposed for adoption.
(2) Clerical and technical assistance, as may be necessary to
discharge the duties of the committee, shall be provided from
the personnel of the Department of Agriculture.
(3) While attending meetings of the committee, the members
shall be entitled to receive compensation at a rate of $100 per
diem, including traveltime, and while away from their homes or
regular places of business they may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code, for persons in the
Government service employed intermittently.
(i) Resource plans and permits, contracts, and other
instruments for the use and occupancy of National Forest System
lands shall be consistent with the land management plans. Those
resource plans and permits, contracts, and other such
instruments currently in existence shall be revised as soon as
practicable to be made consistent with such plans. When land
management plans are revised, resource plans and permits,
contracts, and other instruments, when necessary, shall be
revised as soon as practicable. Any revision in present or
future permits, contracts, and other instruments made pursuant
to this section shall be subject to valid existing rights.
(j) Land management plans and revisions shall become
effective thirty days after completion of public participation
and publication of notification by the Secretary as required
under section 6(d) of this Act.
(k) In developing land management plans pursuant to this Act,
the Secretary shall identify lands within the management area
which are not suited for timber production, considering
physical, economic, and other pertinent factors to the extent
feasible, as determined by the Secretary, and shall assure
that, except for salvage sales or sales necessitated to protect
other multiple-use, values, no timber harvesting shall occur on
such lands for a period of 10 years. Lands once identified as
unsuitable for timber production shall continue to be treated
for reforestation purposes, particularly with regard to the
protection of other multiple-use values. The Secretary shall
review his decision to classify these lands as not suited for
timber production at least every 10 years and shall return
these lands to timber production whenever he determines that
conditions have changed so that they have become suitable for
timber production.
(l) The Secretary shall--
(1) formulate and implement, as soon as practicable,
a process for estimating long-terms costs and benefits
to support the program evaluation requirements of this
Act. This process shall include requirements to provide
information on a representative sample basis of
estimated expenditures associated with the
reforestation, timber stand improvement, and sale of
timber from the National Forest System, and shall
provide a comparison of these expenditures to the
return to the Government resulting from the sale of
timber; and
(2) include a summary of data and findings resulting
from these estimates as a part of the annual report
required pursuant to section 8(c) of this Act,
including an identification on a representative sample
basis of those advertised timber sales made below the
estimated expenditures for such timber as determined by
the above cost process; and
(m) The Secretary shall establish--
(1) standards to insure that, prior to harvest,
stands of trees throughout the National Forest System
shall generally have reached the culmination of mean
annual increment of growth (calculated on the basis of
cubic measurement or other methods of calculation at
the discretion of the Secretary): Provided: That these
standards shall not preclude the use of sound
silvicultural practices, such as thinning or other
stand improvement measures: Provided further, That
these standards shall not preclude the Secretary from
salvage or sanitation harvesting of timber stands which
are substantially damaged by fire, windthrow or other
catastrophe, or which are in imminent danger from
insect or disease attack; and
(2) exceptions to these standards for the harvest of
particular species of trees in management units after
consideration has been given to be multiple uses of the
forest including, but not limited to, recreation,
wildlife habitat, and range and after completion of
public participation processes utilizing the procedures
of subsection (d) of this section.
* * * * * * *
----------
FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976
* * * * * * *
TITLE II--LAND USE PLANNING; LAND ACQUISITION AND DISPOSITION
* * * * * * *
land use planning
Sec. 202. (a) The Secretary shall, with public involvement
and consistent with the terms and conditions of this Act,
develop, maintain, and, when appropriate, revise land use plans
which provide by tracts or areas for the use of the public
lands. Land use plans shall be developed for the public lands
regardless of whether such lands previously have been
classified, withdrawn, set aside, or otherwise designated for
one or more uses.
(b) In the development and revision of land use plans, the
Secretary of Agriculture shall coordinate land use plans for
lands in the National Forest System with the land use planning
and management programs of and for Indian tribes by among other
things, considering the policies of approved tribal land
resource management programs.
(c) In the development and revision of land use plans, the
Secretary shall--
(1) use and observe the principles of multiple use
and sustained yield set forth in this and other
applicable law;
(2) use a systematic interdisciplinary approach to
achieve integrated consideration of physical,
biological, economic, and other sciences;
(3) give priority to the designation and protection
of areas of critical environmental concern;
(4) rely, to the extent it is available, on the
inventory of the public lands, their resources, and
other values;
(5) consider present and potential uses of the public
lands;
(6) consider the relative scarcity of the values
involved and the availability of alternative means
(including recycling) and sites for realization of
those values;
(7) weigh long-term benefits to the public against
short-term benefits;
(8) provide for compliance with applicable pollution
control laws, including State and Federal air, water,
noise, or other pollution standards or implementation
plans; and
(9) to the extent consistent with the laws governing
the administration of the public lands, coordinate the
land use inventory, planning, and management activities
of or for such lands with the land use planning and
management programs of other Federal departments and
agencies and of the States and local governments within
which the lands are located, including, but not limited
to, the statewide outdoor recreation plans developed
under chapter 2003 of title 54, United States Code, and
of or for Indian tribes by, among other things,
considering the policies of approved State and tribal
land resource management programs. In implementing this
directive, the Secretary shall, to the extent he finds
practical, keep apprised of State, local, and tribal
land use plans; assure that consideration is given to
those State, local, and tribal plans that are germane
in the development of land use plans for public lands;
assist in resolving, to the extent practical,
inconsistencies between Federal and non-Federal
Governmental plans, and shall provide for meaningful
public involvement of State and local government
officials, both elected and appointed, in the
development of land use programs, land use regulations,
and land use decisions for public lands, including
early public notice of proposed decisions which may
have a significant impact on non-Federal lands. Such
officials in each State are authorized to furnish
advice to the Secretary with respect to the development
and revision of land use plans, land use guidelines,
land use rules, and land use regulations for the public
lands within such State and with respect to such other
land use matters as may be referred to them by him.
Land use plans of the Secretary under this section
shall be consistent with State and local plans to the
maximum extent he finds consistent with Federal law and
the purposes of this Act.
(d) Any classification of public lands or any land use plan
in effect on the date of enactment of this Act is subject to
review in the land use planning process conducted under this
section, and all public lands, regardless of classification,
are subject to inclusion in any land use plan developed
pursuant to this section. The Secretary may modify or terminate
any such classification consistent with such land use plans.
(e) The Secretary may issue management decisions to implement
land use plans developed or revised under this section in
accordance with the following:
(1) Such decisions, including but not limited to
exclusions (that is, total elimination) of one or more
of the principal or major uses made by a management
decision shall remain subject to reconsideration,
modification, and termination through revision by the
Secretary or his delegate, under the provisions of this
section, of the land use plan involved.
(2) Any management decision or action pursuant to a
management decision that excludes (that is, totally
eliminates) one or more of the principal or major uses
for two or more years with respect to a tract of land
of one hundred thousand acres or more shall be reported
by the Secretary to the House of Representatives and
the Senate. If within ninety days from the giving of
such notice (exclusive of days on which either House
has adjourned for more than three consecutive days),
the Congress adopts a concurrent resolution of
nonapproval of the management decision or action, then
the management decision or action shall be promptly
terminated by the Secretary. If the committee to which
a resolution has been referred during the said ninety
day period, has not reported it at the end of thirty
calendar days after its referral, it shall be in order
to either discharge the committee from further
consideration of such resolution or to discharge the
committee from consideration of any other resolution
with respect to the management decision or action. A
motion to discharge may be made only by an individual
favoring the resolution, shall be highly privileged
(except that it may not be made after the committee has
reported such a resolution), and debate thereon shall
be limited to not more than one hour, to be divided
equally between those favoring and those opposing the
resolution. An amendment to the motion shall not be in
order, and it shall not be in order to move to
reconsider the vote by which the motion was agreed to
or disagreed to. If the motion to discharge is agreed
to or disagreed to, the motion may not be made with
respect to any other resolution with respect to the
same management decision or action. When the committee
has reprinted, or has been discharged from further
consideration of a resolution, it shall at any time
thereafter be in order (even though a previous motion
to the same effect has been disagreed to) to move to
proceed to the consideration of the resolution. The
motion shall be highly privileged and shall not be
debatable. An amendment to the motion shall not be in
order, and it shall not be in order to move to
reconsider the vote by which the motion was agreed to
or disagreed to.
(3) Withdrawals made pursuant to section 204 of this
Act may be used in carrying out management decisions,
but public lands shall be removed from or restored to
the operation of the Mining Law of 1872, as amended
(R.S. 2318-2352; 30 U.S.C. 21 et. seq.) or transferred
to another department, bureau, or agency only by
withdrawal action pursuant to section 204 or other
action pursuant to applicable law: Provided, That
nothing in this section shall prevent a wholly owned
Government corporation from acquiring and holding
rights as a citizen under the Mining Law of 1872.
(f) The Secretary shall allow an opportunity for public
involvement and by regulation shall establish procedures,
including public hearings where appropriate, to give Federal,
State, and local governments and the public, adequate notice
and opportunity to comment upon and participate in the
formulation of plans and programs relating to the management of
the public lands.
(g) No Additional Consultation Required Under Certain
Circumstances.--Notwithstanding any other provision of law, the
Secretary shall not be required to reinitiate consultation
under section 7(a)(2) of the Endangered Species Act of 1973 (16
U.S.C. 1536(a)(2)) or section 402.16 of title 50, Code of
Federal Regulations (or a successor regulation), on a land use
plan approved, amended, or revised under this section when--
(1) a new species is listed or critical habitat is
designated under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); or
(2) new information reveals effects of the land use
plan that may affect a species listed or critical
habitat designated under that Act in a manner or to an
extent not previously considered.
* * * * * * *
----------
CONSOLIDATED APPROPRIATIONS ACT, 2021
* * * * * * *
DIVISION AA--WATER RESOURCES DEVELOPMENT ACT OF 2020
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a)Short Title.--This division may be cited as the ``Water
Resources Development Act of 2020''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
DIVISION AA--WATER RESOURCES DEVELOPMENT ACT OF 2020
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE V--OTHER MATTERS
* * * * * * *
[Sec. 507. Invasive species in alpine lakes pilot program.
[Sec. 508. Murder hornet eradication pilot program.]
* * * * * * *
[Sec. 510. Invasive species in noncontiguous States and territories
pilot program.]
* * * * * * *
TITLE V--OTHER MATTERS
* * * * * * *
[SEC. 507. INVASIVE SPECIES IN ALPINE LAKES PILOT PROGRAM.
[(a) Establishment.--The Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife
Service, shall establish a pilot program (referred to in this
section as the ``pilot program'') to develop and carry out
effective measures necessary to prevent, control, or eradicate
aquatic invasive species in alpine lakes that are not located
within a unit of the National Park System.
[(b) Partnerships.--The Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife
Service, shall offer to enter into a partnership to carry out
the pilot program with--
[(1) any relevant partnering Federal agency; and
[(2) any relevant compact agency organized with the
consent of Congress under article I, section 10 of the
Constitution of the United States.
[(c) Authorization of Appropriations.--There is authorized to
be appropriated to carry out the pilot program $25,000,000 for
the period of fiscal years 2022 through 2028.
[SEC. 508. MURDER HORNET ERADICATION PILOT PROGRAM.
[(a) Grant Authority.--The Secretary of the Interior, acting
through the Director of the Fish and Wildlife Service, and in
consultation with all relevant Federal agencies, shall
establish a pilot program to provide financial assistance to
States for management, research, and public education
activities necessary to--
[(1) eradicate the Asian giant hornet; and
[(2) restore bee populations damaged by the Asian
giant hornet.
[(b) Eligibility.--A State is eligible to receive financial
assistance under this section if the State has demonstrated to
the Secretary of the Interior sufficient need to implement
measures to eradicate the Asian giant hornet.
[(c) Cost Sharing.--
[(1) Federal share.--The Federal share of the costs
of activities carried out under the pilot program may
not exceed 75 percent of the total costs of such
activities.
[(2) In-kind contributions.--The non-Federal share of
the costs of activities carried out under the pilot
program may be provided in the form of in-kind
contributions of materials or services.
[(d) Limitation on Administrative Expenses.--Not more than 5
percent of financial assistance provided by the Secretary of
the Interior under this section may be used for administrative
expenses.
[(e) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary of the Interior to carry out
the pilot program $4,000,000 for each of fiscal years 2021
through 2025.
[(f) Definitions.--In this section:
[(1) Asian giant hornet.--The term ``Asian giant
hornet'' means a Vespa mandarinia.
[(2) State.--The term ``State'' means each of the
several States, the District of Columbia, and the
territories and insular possessions of the United
States.
[(g) Sunset.--The authority under this section shall
terminate on the date that is 5 years after the date of
enactment of this Act.]
* * * * * * *
[SEC. 510. INVASIVE SPECIES IN NONCONTIGUOUS STATES AND TERRITORIES
PILOT PROGRAM.
[(a) Establishment.--The Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife
Service, shall establish a pilot program to carry out measures
necessary to prevent, control, or eradicate invasive species in
culturally significant forested watersheds in noncontiguous
States and territories of the United States in which the Corps
of Engineers is carrying out flood risk management projects.
[(b) Implementation.--The Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife
Service, is encouraged to carry out the measures described in
subsection (a) in consultation with--
[(1) States, any territory or possession of the
United States, and units of local government, including
federally recognized Indian Tribes (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)); and
[(2) nonprofit organizations with knowledge of, and
experience in, forested watershed management, including
nonprofit organizations with a primary purpose of
serving and partnering with indigenous communities.
[(c) Authorization of Appropriations.--There is authorized to
be appropriated to carry out the pilot program under subsection
(a) $25,000,000 for the period of fiscal years 2022 through
2024.]
* * * * * * *
DISSENTING VIEWS
H.R. 7408 would make several changes to the Pittman-
Robertson Wildlife Conservation and Restoration subaccount,
authorizing $300 million per year for states to carry out
wildlife habitat restoration. The bill would amend the
apportionment formulas and limits how the funding can be used.
H.R. 7408 would also authorize $20 million annually for tribes
to restore habitat. The bill would make several harmful
amendments to the Endangered Species Act and rescind over a
billion dollars in funding from the Inflation Reduction Act
(IRA) and Infrastructure Investments and Jobs Act (IIJA).
In the United States, most wildlife management is carried
out by states, territories, and Indian Tribes. Endangered
Species Act--listed species are managed by the U.S. Fish and
Wildlife Service (FWS) and the National Marine Fisheries
Service (NMFS) in coordination with the states and tribes.\1\
Treaties and other agreements with the federal government
determine wildlife management on tribal land. Most funding for
state wildlife conservation from federal sources is made
available through the Pittman-Robertson Wildlife Restoration
Act, state and tribal wildlife grants, and Farm Bill programs.
The Pittman-Robertson Wildlife Restoration Act provides
significant funding for state conservation programs through an
excise tax on guns, ammunition, accessories, and archery
equipment. However, non-hunting or fishing species do not have
a similar permanent conservation funding stream.
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\1\Sheikh, Pervaze. CRS Report The Endangered Species Act: A
Primer. September 8, 2016. https://www.crs.gov/reports/pdf/RL31654.
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To qualify for the limited available funds for general
wildlife conservation, states, territories, and the District of
Columbia draft State Wildlife Action Plans, which the FWS
approves. State wildlife grants are distributed based on a
formula outlined in annual appropriations legislation. Since
2001, funding has ranged between $45 and $77 million with an
average of $58 million appropriated annually. In the previous
10 years, the average funding level has dropped to just $52
million.\2\
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\2\U.S. Fish and Wildlife Service. Approximate State and Tribal
Wildlife Grants Apportionments (FY2001-FY2024). https://
www.fishwildlife.org/application/files/2717/2348/1849/State_
Wildlife_Grant_Apportionments_FY01-FY24.pdf.
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Tribes must compete for grants under the Tribal Wildlife
Grants program.\3\ Only 25% of proposed projects are funded,
and the funding needs for tribal wildlife conservation go far
beyond what is submitted to the grant program. Appropriations
for tribal wildlife grants have been around $6 million per year
in recent years.
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\3\Fish and Wildlife Service, Tribal wildlife grants, https://
www.fws.gov/service/tribal-wildlife-grants.
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H.R. 7408 would revoke real, appropriated money in favor of
merely authorizing $300 million in discretionary funding per
fiscal year. The legislation does nothing to provide real,
stable funding for conservation. Indeed, the authorization
would be far below the Blue Ribbon Panel's recommended $1.3
billion in mandatory, permanent funding needed to protect
America's wildlife.\4\ This bill also is not in line with the
$97.5 million a year in mandatory funding for tribal wildlife
needs, instead authorizing just $20 million a year in
discretionary authorization. Furthermore, the bill would
require matching funds and would place more restrictions on how
funds may be used, which is not in line with the Indian Self-
Determination and Education Assistance Act or recent executive
orders on how federal agencies should engage with tribes.
---------------------------------------------------------------------------
\4\Blue Ribbon Panel on Sustaining America's Diverse Fish and
Wildlife Resources, Final Report and Recommendations (2016), https://
www.fishwildlife.org/application/files/8215/1382/2408/
Blue_Ribbon_Panel_Report2.pdf; see also Association of Fish and
Wildlife Agencies, The Blue Ribbon Panel on Sustaining America's
Diverse Fish & Wildlife Resources, https://www.fishwildlife.org/afwa-
informs/resources/blue-ribbon-panel.
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This bill would also reduce FWS oversight by making it
easier for private landowners to engage in prohibited
activities for endangered species under the Candidate
Conservation Agreements with Assurances (CCAA) and land
management plans. It also makes it easier for private
landowners to hide the presence of endangered species and
critical habitat by providing confidential cover to such
information.
This legislation also includes several amendments to the
Endangered Species Act that would weaken the implementation of
the ESA and hinder critical habitat designations. It would
overturn the Ninth Circuit Court Cottonwood decision that
correctly held that the ESA federal agencies must reinitiate
consultation with FWS on lands that new or updated ESA species
or habitat listings may impact. Rewriting federal law to remove
this requirement would undermine science-based decision-making
under the Endangered Species Act. Furthermore, it would create
a messy process for transitioning to state management of
threatened species, by failing to specify the regulatory
process for recovery plans, how to assess what `objective,
incremental' goals are and if they are met, the process by
which state wildlife agencies would take over responsibility,
or how the management of such species would be funded.
Raul M. Grijalva,
Ranking Member.
[all]