[116th Congress Public Law 188]
[From the U.S. Government Publishing Office]



[[Page 134 STAT. 905]]

Public Law 116-188
116th Congress

                                 An Act


 
           To improve protections for wildlife, and for other 
             purposes. <<NOTE: Oct. 30, 2020 -  [S. 3051]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: America's 
Conservation Enhancement Act.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 16 USC 8201 note.>>  Short Title.--This Act may be cited 
as the ``America's Conservation Enhancement Act''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

          TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION

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

    TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS

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

                        TITLE III--MISCELLANEOUS

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

[[Page 134 STAT. 906]]

          TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION

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

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

[[Page 134 STAT. 907]]

                                    ``(VII) business development and 
                                management; and
                                    ``(VIII) any other discipline, as 
                                the Secretary determines to be necessary 
                                to achieve the purposes of this 
                                paragraph.
                          ``(iii) Duties.--Subject to clause (iv), with 
                      respect to the prize competition, the Board 
                      shall--
                                    ``(I) select a topic;
                                    ``(II) issue a problem statement;
                                    ``(III) advise the Secretary 
                                regarding any opportunity for 
                                technological innovation to reduce 
                                human-predator conflict using nonlethal 
                                means; and
                                    ``(IV) advise winners of the prize 
                                competition regarding opportunities to 
                                pilot and implement winning technologies 
                                in relevant fields, including in 
                                partnership with conservation 
                                organizations, Federal or State 
                                agencies, federally recognized Indian 
                                Tribes, private entities, and research 
                                institutions with expertise or interest 
                                relating to reducing human-predator 
                                conflict using nonlethal means.
                          ``(iv) Consultation.--In selecting a topic and 
                      issuing a problem statement for the prize 
                      competition under subclauses (I) and (II) of 
                      clause (iii), respectively, the Board shall 
                      consult widely with Federal and non-Federal 
                      stakeholders, including--
                                    ``(I) 1 or more Federal agencies 
                                with jurisdiction over the management of 
                                native wildlife species at risk due to 
                                conflict with human activities;
                                    ``(II) 1 or more State agencies with 
                                jurisdiction over the management of 
                                native wildlife species at risk due to 
                                conflict with human activities;
                                    ``(III) 1 or more State, regional, 
                                or local wildlife organizations, the 
                                mission of which relates to the 
                                management of native wildlife species at 
                                risk due to conflict with human 
                                activities; and
                                    ``(IV) 1 or more wildlife 
                                conservation groups, technology 
                                companies, research institutions, 
                                institutions of higher education, 
                                industry associations, or individual 
                                stakeholders with an interest in the 
                                management of native wildlife species at 
                                risk due to conflict with human 
                                activities.
                          ``(v) <<NOTE: Compliance.>>  Requirements.--
                      The Board shall comply with all requirements under 
                      paragraph (8)(A).
                    ``(D) Agreement with national fish and wildlife 
                foundation.--
                          ``(i) In general.--The Secretary shall offer 
                      to enter into an agreement under which the 
                      National Fish and Wildlife Foundation shall 
                      administer the prize competition.
                          ``(ii) <<NOTE: Compliance.>>  Requirements.--
                      An agreement entered into under clause (i) shall 
                      comply with all requirements under paragraph 
                      (8)(B).
                    ``(E) Judges.--
                          ``(i) Appointment.--The Secretary shall 
                      appoint not fewer than 3 judges who shall, except 
                      as provided

[[Page 134 STAT. 908]]

                      in clause (ii), select the 1 or more annual 
                      winners of the prize competition.
                          ``(ii) Determination by secretary.--The judges 
                      appointed under clause (i) shall not select any 
                      annual winner of the prize competition if the 
                      Secretary makes a determination that, in any 
                      fiscal year, none of the technological 
                      advancements entered into the prize competition 
                      merits an award.
                    ``(F) Consultation with national oceanic and 
                atmospheric administration.--The Secretary shall consult 
                with the Secretary of Commerce, acting through the 
                Administrator of the National Oceanic and Atmospheric 
                Administration, in the case of a cash prize awarded 
                under the prize competition for a technology that 
                addresses conflict between humans and marine predators 
                under the jurisdiction of the Secretary of Commerce, 
                acting through the Administrator of the National Oceanic 
                and Atmospheric Administration.
                    ``(G) Report to congress.--Not later than 60 days 
                after the date on which a cash prize is awarded under 
                this paragraph, the Secretary shall submit to the 
                Committee on Environment and Public Works of the Senate 
                and the Committee on Natural Resources of the House of 
                Representatives a report on the prize competition that 
                includes--
                          ``(i) a statement by the Board that describes 
                      the activities carried out by the Board relating 
                      to the duties described in subparagraph (C)(iii);
                          ``(ii) if the Secretary has entered into an 
                      agreement under subparagraph (D)(i), a statement 
                      by the National Fish and Wildlife Foundation that 
                      describes the activities carried out by the 
                      National Fish and Wildlife Foundation relating to 
                      the duties described in paragraph (8)(B); and
                          ``(iii) a statement by 1 or more of the judges 
                      appointed under subparagraph (E) that explains the 
                      basis on which the winner of the cash prize was 
                      selected.
                    ``(H) Termination of authority.--The Board and all 
                authority provided under this paragraph shall terminate 
                on December 31, 2023.''; and
            (6) in paragraph (8) (as redesignated)--
                    (A) in subparagraph (A), by striking ``or 
                (6)(C)(i)'' and inserting ``(6)(C)(i), or (7)(C)(i)''; 
                and
                    (B) in subparagraph (B)--
                          (i) by striking ``or (6)(D)(i)'' and inserting 
                      ``(6)(D)(i), or (7)(D)(i)''; and
                          (ii) in clause (i)(VII), by striking ``and 
                      (6)(E)'' and inserting ``(6)(E), and (7)(E)''.

    (b) Sense of Congress.--It is the sense of Congress that data 
collected from the tagging of predators can inform innovative management 
of those predators and innovative education activities to minimize 
human-predator conflict.
SEC. 102. <<NOTE: 7 USC 8355.>>  LOSSES OF LIVESTOCK DUE TO 
                        DEPREDATION BY FEDERALLY PROTECTED 
                        SPECIES.

    (a) Definitions.--In this section:

[[Page 134 STAT. 909]]

            (1) Depredation.--
                    (A) In general.--The term ``depredation'' means 
                actual death, injury, or destruction of livestock that 
                is caused by a federally protected species.
                    (B) Exclusions.--The term ``depredation'' does not 
                include damage to real or personal property other than 
                livestock, including--
                          (i) damage to--
                                    (I) other animals;
                                    (II) vegetation;
                                    (III) motor vehicles; or
                                    (IV) structures;
                          (ii) diseases;
                          (iii) lost profits; or
                          (iv) consequential damages.
            (2) Federally protected species.--The term ``federally 
        protected species'' means a species that is or previously was 
        protected under--
                    (A) the Act of June 8, 1940 (commonly known as the 
                ``Bald and Golden Eagle Protection Act'') (54 Stat. 250, 
                chapter 278; 16 U.S.C. 668 et seq.);
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.); or
                    (C) the Migratory Bird Treaty Act (16 U.S.C. 703 et 
                seq.).
            (3) Indian tribe.--The term ``Indian Tribe'' has the meaning 
        given to the term ``Indian tribe'' in section 4 of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        5304).
            (4) Livestock.--
                    (A) In general.--The term ``livestock'' means 
                horses, mules and asses, rabbits, llamas, cattle, bison, 
                swine, sheep, goats, poultry, bees, honey and beehives, 
                or any other animal generally used for food or in the 
                production of food or fiber.
                    (B) Inclusion.--The term ``livestock'' includes 
                guard animals actively engaged in the protection of 
                livestock described in subparagraph (A).
            (5) Program.--The term ``program'' means the grant program 
        established under subsection (b)(1).
            (6) Secretaries.--The term ``Secretaries'' means--
                    (A) the Secretary of the Interior, acting through 
                the Director of the United States Fish and Wildlife 
                Service; and
                    (B) the Secretary of Agriculture, acting through the 
                Administrator of the Animal and Plant Health Inspection 
                Service.

    (b) <<NOTE: State and local governments. Native Americans.>>  Grant 
Program for Losses of Livestock Due to Depredation by Federally 
Protected Species.--
            (1) In general.--The Secretaries shall establish a program 
        to provide grants to States and Indian Tribes to supplement 
        amounts provided by States, Indian Tribes, or State agencies 
        under 1 or more programs established by the States and Indian 
        Tribes (including programs established after the date of 
        enactment of this Act)--
                    (A) to assist livestock producers in carrying out--

[[Page 134 STAT. 910]]

                          (i) proactive and nonlethal activities to 
                      reduce the risk of livestock loss due to 
                      depredation by federally protected species 
                      occurring on--
                                    (I) Federal, State, or private land 
                                within the applicable State; or
                                    (II) land owned by, or held in trust 
                                for the benefit of, the applicable 
                                Indian Tribe; and
                          (ii) research relating to the activities 
                      described in clause (i); and
                    (B) to compensate livestock producers for livestock 
                losses due to depredation by federally protected species 
                occurring on--
                          (i) Federal, State, or private land within the 
                      applicable State; or
                          (ii) land owned by, or held in trust for the 
                      benefit of, the applicable Indian Tribe.
            (2) <<NOTE: Time period.>>  Allocation of funding.--
                    (A) Reports to the secretaries.--Not later than 
                September 30 of each year, a State or Indian Tribe 
                desiring to receive a grant under the program shall 
                submit to the Secretaries a report describing, for the 
                1-year period ending on that September 30, the losses of 
                livestock due to depredation by federally protected 
                species occurring on--
                          (i) Federal, State, or private land within the 
                      applicable State; or
                          (ii) land owned by, or held in trust for the 
                      benefit of, the applicable Indian Tribe.
                    (B) Allocation.--The Secretaries shall allocate 
                available funding to carry out this Act among States and 
                Indian Tribes for a 1-year period ending on September 30 
                based on the losses described in the reports submitted 
                for the previous 1-year period ending on September 30 
                under subparagraph (A).
            (3) Eligibility.--To be eligible to receive a grant under 
        paragraph (1), a State or Indian Tribe shall--
                    (A) designate an appropriate agency of the State or 
                Indian Tribe to administer the 1 or more programs 
                supplemented by the grant funds;
                    (B) establish 1 or more accounts to receive grant 
                funds;
                    (C) maintain files of all claims received and paid 
                under grant-funded programs, including supporting 
                documentation; and
                    (D) <<NOTE: Reports.>>  submit to the Secretaries--
                          (i) annual reports that include--
                                    (I) <<NOTE: Summary.>>  a summary of 
                                claims and expenditures under the 
                                program during the year; and
                                    (II) a description of any action 
                                taken on the claims; and
                          (ii) such other reports as the Secretaries may 
                      require to assist the Secretaries in determining 
                      the effectiveness of assisted activities under 
                      this section.

    (c) Sense of Congress.--It is the sense of Congress that--
            (1) no State or Indian Tribe is required to participate in 
        the program; and
            (2) the program supplements, and does not replace or 
        supplant, any State compensation programs for depredation.

[[Page 134 STAT. 911]]

    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $15,000,000 for each of fiscal 
years 2021 through 2025, of which--
            (1) $5,000,000 shall be used to provide grants for the 
        purposes described in subsection (b)(1)(A); and
            (2) $10,000,000 shall be used to provide grants for the 
        purpose described in subsection (b)(1)(B).
SEC. 103. <<NOTE: 7 USC 8356.>>  DEPREDATION PERMITS FOR BLACK 
                        VULTURES AND COMMON RAVENS.

    (a) In General.--The Secretary of the Interior, acting through the 
Director of the United States Fish and Wildlife Service (referred to in 
this section as the ``Secretary''), may issue depredation permits to 
livestock producers authorizing takings of black vultures or common 
ravens otherwise prohibited by Federal law to prevent those vultures or 
common ravens from taking livestock during the calving season or lambing 
season.
    (b) Limited to Affected States or Regions.--The Secretary may issue 
permits under subsection (a) only to livestock producers in States and 
regions in which livestock producers are affected or have been affected 
in the previous year by black vultures or common ravens, as determined 
by Secretary.
    (c) Reporting.--The Secretary shall require, as a condition of a 
permit under subsection (a), that the permit holder shall report to the 
appropriate enforcement agencies the takings of black vultures or common 
ravens pursuant to the permit.
SEC. 104. <<NOTE: 16 USC 667h.>>  CHRONIC WASTING DISEASE TASK 
                        FORCE.

    (a) Definitions.--In this section:
            (1) Cervid.--The term ``cervid'' means any species within 
        the family Cervidae.
            (2) Chronic wasting disease.--The term ``chronic wasting 
        disease'' means the animal disease afflicting deer, elk, and 
        moose populations that--
                    (A) is a transmissible disease of the nervous system 
                resulting in distinctive lesions in the brain; and
                    (B) belongs to the group of diseases known as 
                transmissible spongiform encephalopathies, which group 
                includes scrapie, bovine spongiform encephalopathy, and 
                Creutzfeldt-Jakob disease.
            (3) Secretaries.--The term ``Secretaries'' means the 
        Secretary of Agriculture, acting through the Administrator of 
        the Animal and Plant Health Inspection Service, and the 
        Secretary of the Interior, acting through the Director of the 
        United States Geological Survey and the Director of the United 
        States Fish and Wildlife Service, acting jointly.

    (b) Establishment.--
            (1) In general.--The Secretaries shall establish within the 
        United States Fish and Wildlife Service a task force, to be 
        known as the ``Chronic Wasting Disease Task Force'' (referred to 
        in this subsection as the ``Task Force'') after the completion 
        of the study required by subsection (c).
            (2) <<NOTE: Coordination. Recommenda- tions.>>  Duties.--The 
        Task Force shall--
                    (A) collaborate with foreign governments to share 
                research, coordinate efforts, and discuss best 
                management practices to reduce, minimize, prevent, or 
                eliminate chronic wasting disease in the United States;

[[Page 134 STAT. 912]]

                    (B) develop recommendations, including 
                recommendations based on findings of the study conducted 
                under subsection (c), and a set of best practices 
                regarding--
                          (i) the interstate coordination of practices 
                      to prevent the new introduction of chronic wasting 
                      disease;
                          (ii) the prioritization and coordination of 
                      the future study of chronic wasting disease, based 
                      on evolving research needs;
                          (iii) ways to leverage the collective 
                      resources of Federal, State, and local agencies, 
                      Indian Tribes, and foreign governments, and 
                      resources from private, nongovernmental entities, 
                      to address chronic wasting disease in the United 
                      States and along the borders of the United States; 
                      and
                          (iv) any other area where containment or 
                      management efforts relating to chronic wasting 
                      disease may differ across jurisdictions; and
                    (C) <<NOTE: Action plan.>>  develop, from the 
                recommendations developed under subparagraph (B), an 
                action plan that gives States, the Federal Government, 
                Indian Tribes, and the farmed cervid industry specific 
                recommendations to ensure consistent and coordinated 
                management and focused, prioritized research to stop the 
                spread of and mitigate the impacts of chronic wasting 
                disease.
            (3) Membership.--
                    (A) In general.--The Task Force shall be composed 
                of--
                          (i) <<NOTE: Appointment.>>  1 representative 
                      of the United States Fish and Wildlife Service 
                      with experience in chronic wasting disease, to be 
                      appointed by the Secretary of the Interior 
                      (referred to in this subsection as the 
                      ``Secretary'');
                          (ii) 1 representative of the United States 
                      Geological Survey;
                          (iii) <<NOTE: Appointments.>>  2 
                      representatives of the Department of Agriculture 
                      with experience in chronic wasting disease, to be 
                      appointed by the Secretary of Agriculture--
                                    (I) 1 of whom shall have expertise 
                                in cervid health research; and
                                    (II) 1 of whom shall have expertise 
                                in wildlife management;
                          (iv) <<NOTE: Nominations.>>  in the case of 
                      each State in which chronic wasting disease among 
                      elk, mule deer, white-tailed deer, or moose has 
                      been reported to the appropriate State agency, not 
                      more than 2 representatives, to be nominated by 
                      the Governor of the State--
                                    (I) not more than 1 of whom shall be 
                                a representative of the State agency 
                                with jurisdiction over wildlife 
                                management or wildlife disease in the 
                                State; and
                                    (II) in the case of a State with a 
                                farmed cervid program or economy, not 
                                more than 1 of whom shall be a 
                                representative of the State agency with 
                                jurisdiction over farmed cervid 
                                regulation in the State;
                          (v) <<NOTE: Nominations.>>  in the case of 
                      each State in which chronic wasting disease among 
                      elk, mule deer, white-tailed deer, or moose has 
                      not been documented, but that

[[Page 134 STAT. 913]]

                      has carried out measures to prevent the 
                      introduction of chronic wasting disease among 
                      those species, not more than 2 representatives, to 
                      be nominated by the Governor of the State;
                          (vi) <<NOTE: Determination. Consultation.>>  
                      not more than 2 representatives from an Indian 
                      Tribe or Tribal organization chosen in a process 
                      determined, in consultation with Indian Tribes, by 
                      the Secretary; and
                          (vii) <<NOTE: Appointments.>>  not more than 5 
                      nongovernmental members with relevant expertise 
                      appointed, after the date on which the members are 
                      first appointed under clauses (i) through (vi), by 
                      a majority vote of the State representatives 
                      appointed under clause (iv).
                    (B) Effect.--Nothing in this paragraph requires a 
                State to participate in the Task Force.
            (4) Co-chairs.--The Co-Chairs of the Task Force shall be--
                    (A) the Federal representative described in 
                paragraph (3)(A)(i);
                    (B) 1 of the Federal representatives described in 
                paragraph (3)(A)(iii); and
                    (C) 1 State representative appointed under paragraph 
                (3)(A)(iv), to be selected by a majority vote of those 
                State representatives.
            (5) Date of initial appointment.--
                    (A) In general.--The members of the Task Force shall 
                be appointed not later than 180 days after the date on 
                which the study is completed under subsection (c).
                    (B) Notification.--On appointment of the members of 
                the Task Force, the Co-Chairs of the Task Force shall 
                notify the Chairs and Ranking Members of the Committees 
                on Environment and Public Works and Agriculture, 
                Nutrition, and Forestry of the Senate and Natural 
                Resources and Agriculture of the House of 
                Representatives.
            (6) Vacancies.--Any vacancy in the members appointed to the 
        Task Force--
                    (A) shall not affect the power or duty of the Task 
                Force; and
                    (B) <<NOTE: Deadline.>>  shall be filled not later 
                than 30 days after the date of the vacancy.
            (7) Meetings.--The Task Force shall convene--
                    (A) <<NOTE: Time period.>> not less frequently than 
                twice each year; and
                    (B) at such time and place, and by such means, as 
                the Co-Chairs of the Task Force determine to be 
                appropriate, which may include the use of remote 
                conference technology.
            (8) Interstate action plan.--
                    (A) <<NOTE: Deadline.>>  In general.--Not later than 
                1 year after the date on which the members of the Task 
                Force are appointed, the Task Force shall submit to the 
                Secretaries, and the heads of the State agencies with 
                jurisdiction over wildlife disease and farmed cervid 
                regulation of each State with a representative on the 
                Task Force, the interstate action plan developed by the 
                Task Force under paragraph (2)(C).
                    (B) Cooperative agreements.--
                          (i) In general.--To the maximum extent 
                      practicable, the Secretaries, any other applicable 
                      Federal

[[Page 134 STAT. 914]]

                      agency, and each applicable State may enter into a 
                      cooperative agreement to fund necessary actions 
                      under the interstate action plan submitted under 
                      subparagraph (A).
                          (ii) Target date.--The Secretaries shall make 
                      the best effort of the Secretaries to enter into 
                      any cooperative agreement under clause (i) not 
                      later than 180 days after the date of submission 
                      of the interstate action plan under subparagraph 
                      (A).
                    (C) Matching funds.--
                          (i) In general.--Subject to clause (ii), for 
                      each fiscal year, the Secretaries may provide 
                      funds to carry out an interstate action plan 
                      through a cooperative agreement under subparagraph 
                      (B) in the amount of funds provided by the 
                      applicable States.
                          (ii) Limitation.--The amount provided by the 
                      United States Fish and Wildlife Service under 
                      clause (i) for a fiscal year shall be not greater 
                      than $5,000,000.
            (9) Reports.--Not later than September 30 of the first full 
        fiscal year after the date on which the first members of the 
        Task Force are appointed, and each September 30 thereafter, the 
        Task Force shall submit to the Secretaries, and the heads of the 
        State agencies with jurisdiction over wildlife disease and 
        farmed cervid regulation of each State with a representatives on 
        the Task Force, a report describing--
                    (A) progress on the implementation of actions 
                identified in the interstate action plan submitted under 
                paragraph (8)(A), including the efficacy of funding 
                under the cooperative agreement entered into under 
                paragraph (8)(B);
                    (B) <<NOTE: Updates. Requirements.>>  updated 
                resource requirements that are needed to reduce and 
                eliminate chronic wasting disease in the United States;
                    (C) <<NOTE: Updates.>>  any relevant updates to the 
                recommended best management practices included in the 
                interstate action plan submitted under paragraph (8)(B) 
                to reduce or eliminate chronic wasting disease;
                    (D) new research findings and emerging research 
                needs relating to chronic wasting disease; and
                    (E) any other relevant information.

    (c) Chronic Wasting Disease Transmission in Cervidae Resource 
Study.--
            (1) Definition of academy.--In this subsection, the term 
        ``Academy'' means the National Academy of Sciences.
            (2) Study.--
                    (A) <<NOTE: Reports.>>  In general.--The Secretaries 
                shall enter into an arrangement with the Academy under 
                which the Academy shall conduct, and submit to the 
                Secretaries a report describing the findings of, a 
                special resource study to identify the predominant 
                pathways and mechanisms of the transmission of chronic 
                wasting disease in wild, captive, and farmed populations 
                of cervids in the United States.
                    (B) <<NOTE: Payments.>>  Requirements.--The 
                arrangement under subparagraph (A) shall provide that 
                the actual expenses incurred by the Academy in 
                conducting the study under subparagraph (A) shall be 
                paid by the Secretaries, subject to the availability of 
                appropriations.

[[Page 134 STAT. 915]]

            (3) Contents of the study.--The study under paragraph (2) 
        shall--
                    (A) with respect to wild, captive, and farmed 
                populations of cervids in the United States, identify--
                          (i)(I) to the extent possible, the pathways 
                      and mechanisms for the transmission of chronic 
                      wasting disease within live cervid populations and 
                      cervid products, which may include pathways and 
                      mechanisms for transmission from Canada;
                          (II) the infection rates for each pathway and 
                      mechanism identified under subclause (I); and
                          (III) the relative frequency of transmission 
                      of each pathway and mechanism identified under 
                      subclause (I);
                          (ii)(I) anthropogenic and environmental 
                      factors contributing to new chronic wasting 
                      disease emergence events;
                          (II) the development of geographical areas 
                      with increased chronic wasting disease prevalence; 
                      and
                          (III) the overall geographical patterns of 
                      chronic wasting disease distribution;
                          (iii) significant gaps in current scientific 
                      knowledge regarding the transmission pathways and 
                      mechanisms identified under clause (i)(I) and 
                      potential prevention, detection, and control 
                      methods identified under clause (v);
                          (iv) for prioritization the scientific 
                      research projects that will address the knowledge 
                      gaps identified under clause (iii), based on the 
                      likelihood that a project will contribute 
                      significantly to the prevention or control of 
                      chronic wasting disease; and
                          (v) potential prevention, detection, or 
                      control measures, practices, or technologies to be 
                      used to mitigate the transmission and spread of 
                      chronic wasting disease in wild, captive, and 
                      farmed populations of cervids in the United 
                      States;
                    (B) <<NOTE: Assessment.>>  assess the effectiveness 
                of the potential prevention, detection, or control 
                measures, practices, or technologies identified under 
                subparagraph (A)(v); and
                    (C) <<NOTE: Review.>>  review and compare science-
                based best practices, standards, and guidance regarding 
                the prevention, detection, and management of chronic 
                wasting disease in wild, captive, and farmed populations 
                of cervids in the United States that have been developed 
                by--
                          (i) the National Chronic Wasting Disease Herd 
                      Certification Program of the Animal and Plant 
                      Health Inspection Service;
                          (ii) the National Wildlife Research Center of 
                      the Animal and Plant Health Inspection Service;
                          (iii) the United States Geological Survey;
                          (iv) State wildlife and agricultural agencies, 
                      in the case of practices, standards, and guidance 
                      that provide practical, science-based 
                      recommendations to State and Federal agencies for 
                      minimizing or eliminating the risk of transmission 
                      of chronic wasting disease in the United States; 
                      and

[[Page 134 STAT. 916]]

                          (v) industry or academia, in the case of any 
                      published guidance on practices that provide 
                      practical, science-based recommendations to cervid 
                      producers for minimizing or eliminating the risk 
                      of transmission of chronic wasting disease within 
                      or between herds.
            (4) Deadline.--The study under paragraph (2) shall be 
        completed not later than 180 days after the date on which funds 
        are first made available for the study.
            (5) Data sharing.--The Secretaries shall share with the 
        Academy, as necessary to conduct the study under paragraph (2), 
        subject to the avoidance of a violation of a privacy or 
        confidentiality requirement and the protection of confidential 
        or privileged commercial, financial, or proprietary information, 
        data and access to databases and research information on chronic 
        wasting disease under the jurisdiction of--
                    (A) the Animal and Plant Health Inspection Service; 
                and
                    (B) the United States Geological Survey.
            (6) Report.--Not later than 60 days after the date of 
        completion of the study, the Secretaries shall submit to the 
        Committee on Agriculture, Nutrition, and Forestry, the Committee 
        on Energy and Natural Resources, and the Committee on 
        Environment and Public Works of the Senate and the Committee on 
        Agriculture and the Committee on Natural Resources of the House 
        of Representatives a report that describes--
                    (A) the findings of the study; and
                    (B) <<NOTE: Recommenda- tions.>>  any conclusions 
                and recommendations that the Secretaries determine to be 
                appropriate.

    (d) <<NOTE: Time periods.>>  Authorization of Appropriations.--There 
are authorized to be appropriated to carry out this section--
            (1) for the period of fiscal years 2021 through 2025, 
        $5,000,000 to the Secretary of the Interior, acting through the 
        Director of the United States Fish and Wildlife Service, to 
        carry out administrative activities under subsection (b);
            (2) for fiscal year 2021, $1,200,000 to the Secretary of the 
        Interior, acting through the Director of the United States 
        Geological Survey, to carry out activities to fund research 
        under subsection (c); and
            (3) for fiscal year 2021, $1,200,000 to the Secretary of 
        Agriculture, acting through the Administrator of the Animal and 
        Plant Health Inspection Service, to carry out activities to fund 
        research under subsection (c).
SEC. 105. INVASIVE SPECIES.

    Section 10 of the Fish and Wildlife Coordination Act (16 U.S.C. 
666c-1) is amended--
            (1) in subsection (c)(2)--
                    (A) in subparagraph (A)--
                          (i) by redesignating clauses (i) and (ii) as 
                      clauses (ii) and (iii), respectively; and
                          (ii) by inserting before clause (ii) (as so 
                      redesignated) the following:
                          ``(i) relevant Federal agencies;'';
                    (B) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (C) and (D), respectively; and
                    (C) by inserting after subparagraph (A) the 
                following:

[[Page 134 STAT. 917]]

                    ``(B) in consultation with stakeholders, including 
                nongovernmental organizations and industry;''; and
            (2) by adding at the end the following:

    ``(p) <<NOTE: Time periods.>>  Authorization of Appropriations.--
There are authorized to be appropriated to carry out this section for 
each of fiscal years 2021 through 2025--
            ``(1) $2,500,000 to the Secretary of the Army, acting 
        through the Chief of Engineers; and
            ``(2) $2,500,000 to the Secretary of the Interior.''.
SEC. 106. NORTH AMERICAN WETLANDS CONSERVATION ACT.

    Section 7(c) of the North American Wetlands Conservation Act (16 
U.S.C. 4406(c)) is amended by striking ``not to exceed--'' in the matter 
preceding paragraph (1) and all that follows through paragraph (5) and 
inserting ``not to exceed $60,000,000 for each of fiscal years 2021 
through 2025.''.
SEC. 107. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT.

    (a) Board of Directors of Foundation.--
            (1) In general.--Section 3 of the National Fish and Wildlife 
        Foundation Establishment Act (16 U.S.C. 3702) is amended--
                    (A) in subsection (b)--
                          (i) by striking paragraph (2) and inserting 
                      the following:
            ``(2) <<NOTE: Consultation.>>  Appointment of directors.--
        After consulting with the Secretary of Commerce and considering 
        the recommendations submitted by the Board, the Secretary of the 
        Interior shall appoint 28 Directors who, to the maximum extent 
        practicable, shall--
                    ``(A) be knowledgeable and experienced in matters 
                relating to the conservation of fish, wildlife, or other 
                natural resources; and
                    ``(B) represent a balance of expertise in ocean, 
                coastal, freshwater, and terrestrial resource 
                conservation.''; and
                          (ii) by striking paragraph (3) and inserting 
                      the following:
            ``(3) Terms.--Each Director (other than a Director described 
        in paragraph (1)) shall be appointed for a term of 6 years.''; 
        and
                    (B) in subsection (g)(2)--
                          (i) in subparagraph (A), by striking ``(A) 
                      Officers and employees may not be appointed until 
                      the Foundation has sufficient funds to pay them 
                      for their service. Officers'' and inserting the 
                      following:
                    ``(A) In general.--Officers''; and
                          (ii) by striking subparagraph (B) and 
                      inserting the following:
                    ``(B) Executive director.--The Foundation shall have 
                an Executive Director who shall be--
                          ``(i) <<NOTE: Appointment.>>  appointed by, 
                      and serve at the direction of, the Board as the 
                      chief executive officer of the Foundation; and
                          ``(ii) knowledgeable and experienced in 
                      matters relating to fish and wildlife 
                      conservation.''.
            (2) Conforming amendment.--Section 4(a)(1)(B) of the North 
        American Wetlands Conservation Act (16 U.S.C.

[[Page 134 STAT. 918]]

        4403(a)(1)(B)) is amended by striking ``Secretary of the Board'' 
        and inserting ``Executive Director of the Board''.

    (b) Rights and Obligations of Foundation.--Section 4 of the National 
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703) is 
amended--
            (1) in subsection (c)--
                    (A) by striking ``(c) Powers.--To carry out its 
                purposes under'' and inserting the following:

    ``(c) Powers.--
            ``(1) In general.--To carry out the purposes described in'';
                    (B) by redesignating paragraphs (1) through (11) as 
                subparagraphs (A) through (K), respectively, and 
                indenting appropriately;
                    (C) in subparagraph (D) (as redesignated by 
                subparagraph (B)), by striking ``that are insured by an 
                agency or instrumentality of the United States'' and 
                inserting ``at 1 or more financial institutions that are 
                members of the Federal Deposit Insurance Corporation or 
                the Securities Investment Protection Corporation'';
                    (D) in subparagraph (E) (as redesignated by 
                subparagraph (B)), by striking ``paragraph (3) or (4)'' 
                and inserting ``subparagraph (C) or (D)'';
                    (E) in subparagraph (J) (as redesignated by 
                subparagraph (B)), by striking ``and'' at the end;
                    (F) by striking subparagraph (K) (as redesignated by 
                subparagraph (B)) and inserting the following:
                    ``(K) to receive and administer restitution and 
                community service payments, amounts for mitigation of 
                impacts to natural resources, and other amounts arising 
                from legal, regulatory, or administrative proceedings, 
                subject to the condition that the amounts are received 
                or administered for purposes that further the 
                conservation and management of fish, wildlife, plants, 
                and other natural resources; and
                    ``(L) to do acts necessary to carry out the purposes 
                of the Foundation.''; and
                    (G) by striking the undesignated matter at the end 
                and inserting the following:
            ``(2) Treatment of real property.--
                    ``(A) In general.--For purposes of this Act, an 
                interest in real property shall be treated as including 
                easements or other rights for preservation, 
                conservation, protection, or enhancement by and for the 
                public of natural, scenic, historic, scientific, 
                educational, inspirational, or recreational resources.
                    ``(B) Encumbered real property.--A gift, devise, or 
                bequest may be accepted by the Foundation even though 
                the gift, devise, or bequest is encumbered, restricted, 
                or subject to beneficial interests of private persons if 
                any current or future interest in the gift, devise, or 
                bequest is for the benefit of the Foundation.
            ``(3) Savings clause.--The acceptance and administration of 
        amounts by the Foundation under paragraph (1)(K) does not alter, 
        supersede, or limit any regulatory or statutory requirement 
        associated with those amounts.'';
            (2) by striking subsections (f) and (g); and
            (3) by redesignating subsections (h) and (i) as subsections 
        (f) and (g), respectively.

[[Page 134 STAT. 919]]

    (c) Authorization of Appropriations.--Section 10 of the National 
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is 
amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1) <<NOTE: Time period.>>  In general.--There are 
        authorized to be appropriated to carry out this Act for each of 
        fiscal years 2021 through 2025--
                    ``(A) $15,000,000 to the Secretary of the Interior;
                    ``(B) $5,000,000 to the Secretary of Agriculture; 
                and
                    ``(C) $5,000,000 to the Secretary of Commerce.'';
            (2) in subsection (b)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) Amounts from federal agencies.--
                    ``(A) In general.--In addition to the amounts 
                authorized to be appropriated under subsection (a), 
                Federal departments, agencies, or instrumentalities are 
                authorized to provide funds to the Foundation through 
                Federal financial assistance grants and cooperative 
                agreements, subject to the condition that the amounts 
                are used for purposes that further the conservation and 
                management of fish, wildlife, plants, and other natural 
                resources in accordance with this Act.
                    ``(B) Advances.--Federal departments, agencies, or 
                instrumentalities may advance amounts described in 
                subparagraph (A) to the Foundation in a lump sum without 
                regard to when the expenses for which the amounts are 
                used are incurred.
                    ``(C) Management fees.--The Foundation may assess 
                and collect fees for the management of amounts received 
                under this paragraph.'';
                    (B) in paragraph (2)--
                          (i) in the paragraph heading, by striking 
                      ``funds'' and inserting ``amounts'';
                          (ii) by striking ``shall be used'' and 
                      inserting ``may be used''; and
                          (iii) by striking ``and State and local 
                      government agencies'' and inserting ``, State and 
                      local government agencies, and other entities''; 
                      and
                    (C) by adding at the end the following:
            ``(3) Administration of amounts.--
                    ``(A) <<NOTE: Waiver authority.>>  In general.--In 
                entering into contracts, agreements, or other 
                partnerships pursuant to this Act, a Federal department, 
                agency, or instrumentality shall have discretion to 
                waive any competitive process applicable to the 
                department, agency, or instrumentality for entering into 
                contracts, agreements, or partnerships with the 
                Foundation if the purpose of the waiver is--
                          ``(i) to address an environmental emergency 
                      resulting from a natural or other disaster; or
                          ``(ii) <<NOTE: Determination.>>  as determined 
                      by the head of the applicable Federal department, 
                      agency, or instrumentality, to reduce 
                      administrative expenses and expedite the 
                      conservation and management of fish, wildlife, 
                      plants, and other natural resources.

[[Page 134 STAT. 920]]

                    ``(B) Reports.--The Foundation shall include in the 
                annual report submitted under section 7(b) a description 
                of any use of the authority under subparagraph (A) by a 
                Federal department, agency, or instrumentality in that 
                fiscal year.''; and
            (3) by adding at the end the following:

    ``(d) Use of Gifts, Devises, or Bequests of Money or Other 
Property.--Any gifts, devises, or bequests of amounts or other property, 
or any other amounts or other property, transferred to, deposited with, 
or otherwise in the possession of the Foundation pursuant to this Act, 
may be made available by the Foundation to Federal departments, 
agencies, or instrumentalities and may be accepted and expended (or the 
disposition of the amounts or property directed), without further 
appropriation, by those Federal departments, agencies, or 
instrumentalities, subject to the condition that the amounts or property 
be used for purposes that further the conservation and management of 
fish, wildlife, plants, and other natural resources.''.
    (d) Limitation on Authority.--Section 11 of the National Fish and 
Wildlife Foundation Establishment Act (16 U.S.C. 3710) is amended by 
inserting ``exclusive'' before ``authority''.
SEC. 108. <<NOTE: 15 USC 2601 note.>>  MODIFICATION OF DEFINITION 
                        OF SPORT FISHING EQUIPMENT UNDER TOXIC 
                        SUBSTANCES CONTROL ACT.

    (a) <<NOTE: Time period. Effective date.>>  Prohibition.--During the 
5-year period beginning on the date of enactment of this Act, the 
Administrator of the Environmental Protection Agency shall not take any 
action to regulate the lead content of sport fishing equipment or sport 
fishing equipment components under the Toxic Substances Control Act (15 
U.S.C. 2601 et seq.).

    (b) Definition of Sport Fishing Equipment.--In this section, the 
term ``sport fishing equipment'' means any sport fishing equipment (as 
such term is defined in section 4162(a) of the Internal Revenue Code of 
1986) the sale of which is subject to the tax imposed by section 4161(a) 
of such Code (determined without regard to any exemptions from such tax 
provided by section 4162 or 4221 or any other provision of such Code).
SEC. 109. REAUTHORIZATION OF CHESAPEAKE BAY PROGRAM.

    Section 117 of the Federal Water Pollution Control Act (33 U.S.C. 
1267) is amended by striking subsection (j) and inserting the following:
    ``(j) <<NOTE: Time periods.>>  Authorization of Appropriations.--
There are authorized to be appropriated to carry out this section--
            ``(1) for fiscal year 2021, $90,000,000;
            ``(2) for fiscal year 2022, $90,500,000;
            ``(3) for fiscal year 2023, $91,000,000;
            ``(4) for fiscal year 2024, $91,500,000; and
            ``(5) for fiscal year 2025, $92,000,000.''.
SEC. 110. REAUTHORIZATION OF CHESAPEAKE BAY INITIATIVE ACT OF 
                        1998.

    Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (Public 
Law 105-312) <<NOTE: 54 USC 320101 note.>>  is amended by striking 
``2019'' and inserting ``2025''.

[[Page 134 STAT. 921]]

SEC. 111. <<NOTE: State listing. District of Columbia. 33 USC 1267 
                        note.>>  CHESAPEAKE WATERSHED INVESTMENTS 
                        FOR LANDSCAPE DEFENSE.

    (a) Definitions.--In this section:
            (1) Chesapeake bay agreements.--The term ``Chesapeake Bay 
        agreements'' means the formal, voluntary agreements--
                    (A) executed to achieve the goal of restoring and 
                protecting the Chesapeake Bay watershed ecosystem and 
                the living resources of the Chesapeake Bay watershed 
                ecosystem; and
                    (B) signed by the Chesapeake Executive Council.
            (2) Chesapeake bay program.--The term ``Chesapeake Bay 
        program'' means the program directed by the Chesapeake Executive 
        Council in accordance with the Chesapeake Bay agreements.
            (3) Chesapeake bay watershed.--The term ``Chesapeake Bay 
        watershed'' means the region that covers--
                    (A) the Chesapeake Bay;
                    (B) the portions of the States of Delaware, 
                Maryland, New York, Pennsylvania, Virginia, and West 
                Virginia that drain into the Chesapeake Bay; and
                    (C) the District of Columbia.
            (4) Chesapeake executive council.--The term ``Chesapeake 
        Executive Council'' means the council comprised of--
                    (A) the Governors of each of the States of Delaware, 
                Maryland, New York, Pennsylvania, Virginia, and West 
                Virginia;
                    (B) the Mayor of the District of Columbia;
                    (C) the Chair of the Chesapeake Bay Commission; and
                    (D) the Administrator of the Environmental 
                Protection Agency.
            (5) Chesapeake wild program.--The term ``Chesapeake WILD 
        program'' means the nonregulatory program established by the 
        Secretary under subsection (b)(1).
            (6) Grant program.--The term ``grant program'' means the 
        Chesapeake Watershed Investments for Landscape Defense grant 
        program established by the Secretary under subsection (c)(1).
            (7) Restoration and protection activity.--The term 
        ``restoration and protection activity'' means an activity 
        carried out for the conservation, stewardship, and enhancement 
        of habitat for fish and wildlife--
                    (A) to preserve and improve ecosystems and 
                ecological processes on which the fish and wildlife 
                depend; and
                    (B) for use and enjoyment by the public.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Fish and Wildlife Service.

    (b) Program Establishment.--
            (1) <<NOTE: Deadline.>>  Establishment.--Not later than 180 
        days after the date of enactment of this Act, the Secretary 
        shall establish a nonregulatory program, to be known as the 
        ``Chesapeake Watershed Investments for Landscape Defense 
        program''.
            (2) <<NOTE: Coordination.>>  Purposes.--The purposes of the 
        Chesapeake WILD program are--

[[Page 134 STAT. 922]]

                    (A) coordinating restoration and protection 
                activities among Federal, State, local, and regional 
                entities and conservation partners throughout the 
                Chesapeake Bay watershed;
                    (B) engaging other agencies and organizations to 
                build a broader range of partner support, capacity, and 
                potential funding for projects in the Chesapeake Bay 
                watershed;
                    (C) carrying out coordinated restoration and 
                protection activities, and providing for technical 
                assistance, throughout the Chesapeake Bay watershed--
                          (i) to sustain and enhance restoration and 
                      protection activities;
                          (ii) to improve and maintain water quality to 
                      support fish and wildlife, habitats of fish and 
                      wildlife, and drinking water for people;
                          (iii) to sustain and enhance water management 
                      for volume and flood damage mitigation 
                      improvements to benefit fish and wildlife habitat;
                          (iv) to improve opportunities for public 
                      access and recreation in the Chesapeake Bay 
                      watershed consistent with the ecological needs of 
                      fish and wildlife habitat;
                          (v) to facilitate strategic planning to 
                      maximize the resilience of natural ecosystems and 
                      habitats under changing watershed conditions;
                          (vi) to engage the public through outreach, 
                      education, and citizen involvement to increase 
                      capacity and support for coordinated restoration 
                      and protection activities in the Chesapeake Bay 
                      watershed;
                          (vii) to sustain and enhance vulnerable 
                      communities and fish and wildlife habitat;
                          (viii) to conserve and restore fish, wildlife, 
                      and plant corridors; and
                          (ix) to increase scientific capacity to 
                      support the planning, monitoring, and research 
                      activities necessary to carry out coordinated 
                      restoration and protection activities.
            (3) Duties.--In carrying out the Chesapeake WILD program, 
        the Secretary shall--
                    (A) <<NOTE: Consultation.>>  draw on existing plans 
                for the Chesapeake Bay watershed, or portions of the 
                Chesapeake Bay watershed, including the Chesapeake Bay 
                agreements, and work in consultation with applicable 
                management entities, including Chesapeake Bay program 
                partners, such as the Federal Government, State and 
                local governments, the Chesapeake Bay Commission, and 
                other regional organizations, as appropriate, to 
                identify, prioritize, and implement restoration and 
                protection activities within the Chesapeake Bay 
                watershed;
                    (B) <<NOTE: Strategy.>>  adopt a Chesapeake Bay 
                watershed-wide strategy that--
                          (i) supports the implementation of a shared 
                      set of science-based restoration and protection 
                      activities developed in accordance with 
                      subparagraph (A); and
                          (ii) targets cost-effective projects with 
                      measurable results; and
                    (C) establish the grant program in accordance with 
                subsection (c).

[[Page 134 STAT. 923]]

            (4) <<NOTE: Consultation.>>  Coordination.--In establishing 
        the Chesapeake WILD program, the Secretary shall consult, as 
        appropriate, with--
                    (A) the heads of Federal agencies, including--
                          (i) the Administrator of the Environmental 
                      Protection Agency;
                          (ii) the Administrator of the National Oceanic 
                      and Atmospheric Administration;
                          (iii) the Chief of the Natural Resources 
                      Conservation Service;
                          (iv) the Chief of Engineers;
                          (v) the Director of the United States 
                      Geological Survey;
                          (vi) the Secretary of Transportation;
                          (vii) the Chief of the Forest Service; and
                          (viii) the head of any other applicable 
                      agency;
                    (B) the Governors of each of the States of Delaware, 
                Maryland, New York, Pennsylvania, Virginia, and West 
                Virginia and the Mayor of the District of Columbia;
                    (C) fish and wildlife joint venture partnerships; 
                and
                    (D) other public agencies and organizations with 
                authority for the planning and implementation of 
                conservation strategies in the Chesapeake Bay watershed.

    (c) Grants and Technical Assistance.--
            (1) Chesapeake wild grant program.--To the extent that funds 
        are made available to carry out this subsection, the Secretary 
        shall establish and carry out, as part of the Chesapeake WILD 
        program, a voluntary grant and technical assistance program, to 
        be known as the ``Chesapeake Watershed Investments for Landscape 
        Defense grant program'', to provide competitive matching grants 
        of varying amounts and technical assistance to eligible entities 
        described in paragraph (2) to carry out activities described in 
        subsection (b)(2).
            (2) Eligible entities.--The following entities are eligible 
        to receive a grant and technical assistance under the grant 
        program:
                    (A) A State.
                    (B) The District of Columbia.
                    (C) A unit of local government.
                    (D) A nonprofit organization.
                    (E) An institution of higher education as such term 
                is defined in section 101(a) of the Higher Education Act 
                of 1965 (20 U.S.C. 1001(a)).
                    (F) <<NOTE: Determination.>>  Any other entity that 
                the Secretary determines to be appropriate in accordance 
                with the criteria established under paragraph (3).
            (3) <<NOTE: Consultation.>>  Criteria.--The Secretary, in 
        consultation with officials and entities described in subsection 
        (b)(4), shall establish criteria for the grant program to help 
        ensure that activities funded under this subsection--
                    (A) accomplish 1 or more of the purposes described 
                in subsection (b)(2); and
                    (B) advance the implementation of priority actions 
                or needs identified in the Chesapeake Bay watershed-wide 
                strategy adopted under subsection (b)(3)(B).
            (4) Cost sharing.--
                    (A) Department of the interior share.--The 
                Department of the Interior share of the cost of a 
                project funded

[[Page 134 STAT. 924]]

                under the grant program shall not exceed 50 percent of 
                the total cost of the project, as determined by the 
                Secretary.
                    (B) Non-department of the interior share.--
                          (i) In general.--The non-Department of the 
                      Interior share of the cost of a project funded 
                      under the grant program may be provided in cash or 
                      in the form of an in-kind contribution of services 
                      or materials.
                          (ii) Other federal funding.--Non-Department of 
                      the Interior Federal funds may be used for not 
                      more than 25 percent of the total cost of a 
                      project funded under the grant program.
            (5) Administration.--The Secretary may enter into an 
        agreement to manage the grant program with an organization that 
        offers grant management services.

    (d) Reporting.--Not later than 180 days after the date of enactment 
of this Act, and annually thereafter, the Secretary shall submit to 
Congress a report describing the implementation of this section, 
including a description of each project that has received funding under 
this section.
    (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $15,000,000 for each of fiscal years 2021 
        through 2025.
            (2) Supplement, not supplant.--Funds made available under 
        paragraph (1) shall supplement, and not supplant, funding for 
        other activities conducted by the Secretary in the Chesapeake 
        Bay watershed.

    TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS

SEC. 201. <<NOTE: 16 USC 8201.>>  PURPOSE.

    The purpose of this title is to encourage partnerships among public 
agencies and other interested persons to promote fish conservation--
            (1) to achieve measurable habitat conservation results 
        through strategic actions of Fish Habitat Partnerships that lead 
        to better fish habitat conditions and increased fishing 
        opportunities by--
                    (A) improving ecological conditions;
                    (B) restoring natural processes; or
                    (C) preventing the decline of intact and healthy 
                systems;
            (2) to establish a consensus set of national conservation 
        strategies as a framework to guide future actions and investment 
        by Fish Habitat Partnerships;
            (3) to broaden the community of support for fish habitat 
        conservation by--
                    (A) increasing fishing opportunities;
                    (B) fostering the participation of local 
                communities, especially young people in local 
                communities, in conservation activities; and

[[Page 134 STAT. 925]]

                    (C) raising public awareness of the role healthy 
                fish habitat play in the quality of life and economic 
                well-being of local communities;
            (4) to fill gaps in the National Fish Habitat Assessment and 
        the associated database of the National Fish Habitat 
        Assessment--
                    (A) to empower strategic conservation actions 
                supported by broadly available scientific information; 
                and
                    (B) to integrate socioeconomic data in the analysis 
                to improve the lives of humans in a manner consistent 
                with fish habitat conservation goals; and
            (5) to communicate to the public and conservation partners--
                    (A) the conservation outcomes produced collectively 
                by Fish Habitat Partnerships; and
                    (B) new opportunities and voluntary approaches for 
                conserving fish habitat.
SEC. 202. <<NOTE: 16 USC 8202.>>  DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation and the Committee on Environment and 
                Public Works of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Board.--The term ``Board'' means the National Fish 
        Habitat Board established by section 203.
            (3) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (4) Environmental protection agency assistant 
        administrator.--The term ``Environmental Protection Agency 
        Assistant Administrator'' means the Assistant Administrator for 
        Water of the Environmental Protection Agency.
            (5) Indian tribe.--The term ``Indian Tribe'' has the meaning 
        given to the term ``Indian tribe'' in section 4 of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        5304).
            (6) National oceanic and atmospheric administration 
        assistant administrator.--The term ``National Oceanic and 
        Atmospheric Administration Assistant Administrator'' means the 
        Assistant Administrator for Fisheries of the National Oceanic 
        and Atmospheric Administration.
            (7) Partnership.--The term ``Partnership'' means an entity 
        designated by Congress as a Fish Habitat Partnership under 
        section 204.
            (8) Real property interest.--The term ``real property 
        interest'' means an ownership interest in--
                    (A) land; or
                    (B) water (including water rights).
            (9) Marine fisheries commissions.--The term ``Marine 
        Fisheries Commissions'' means--
                    (A) the Atlantic States Marine Fisheries Commission;
                    (B) the Gulf States Marine Fisheries Commission; and
                    (C) the Pacific States Marine Commission.

[[Page 134 STAT. 926]]

            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (11) State.--The term ``State'' means each of the several 
        States, Puerto Rico, American Samoa, Guam, the Northern Mariana 
        Islands, the United States Virgin Islands, and the District of 
        Columbia.
            (12) State agency.--The term ``State agency'' means--
                    (A) the fish and wildlife agency of a State; and
                    (B) any department or division of a department or 
                agency of a State that manages in the public trust the 
                inland or marine fishery resources of the State or 
                sustains the habitat for those fishery resources 
                pursuant to State law or the constitution of the State.
SEC. 203. <<NOTE: 16 USC 8203.>>  NATIONAL FISH HABITAT BOARD.

    (a) Establishment.--
            (1) <<NOTE: Recommenda- tions.>>  Fish habitat board.--There 
        is established a board, to be known as the ``National Fish 
        Habitat Board'', whose duties are--
                    (A) to promote, oversee, and coordinate the 
                implementation of this title;
                    (B) to establish national goals and priorities for 
                fish habitat conservation;
                    (C) to recommend to Congress entities for 
                designation as Partnerships; and
                    (D) to review and make recommendations regarding 
                fish habitat conservation projects.
            (2) Membership.--The Board shall be composed of 26 members, 
        of whom--
                    (A) 1 shall be a representative of the Department of 
                the Interior;
                    (B) 1 shall be a representative of the United States 
                Geological Survey;
                    (C) 1 shall be a representative of the Department of 
                Commerce;
                    (D) 1 shall be a representative of the Department of 
                Agriculture;
                    (E) 1 shall be a representative of the Association 
                of Fish and Wildlife Agencies;
                    (F) <<NOTE: Nomination.>>  4 shall be 
                representatives of State agencies, 1 of whom shall be 
                nominated by a regional association of fish and wildlife 
                agencies from each of the Northeast, Southeast, Midwest, 
                and Western regions of the United States;
                    (G) <<NOTE: Native Americans. Alaska.>>  2 shall be 
                representatives of either--
                          (i) Indian Tribes in the State of Alaska; or
                          (ii) Indian Tribes in States other than the 
                      State of Alaska;
                    (H) 1 shall be a representative of either--
                          (i) the Regional Fishery Management Councils 
                      established under section 302 of the Magnuson-
                      Stevens Fishery Conservation and Management Act 
                      (16 U.S.C. 1852); or
                          (ii) a representative of the Marine Fisheries 
                      Commissions;
                    (I) 1 shall be a representative of the Sport Fishing 
                and Boating Partnership Council;

[[Page 134 STAT. 927]]

                    (J) 7 shall be representatives selected from at 
                least one from each of the following:
                          (i) the recreational sportfishing industry;
                          (ii) the commercial fishing industry;
                          (iii) marine recreational anglers;
                          (iv) freshwater recreational anglers;
                          (v) habitat conservation organizations; and
                          (vi) science-based fishery organizations;
                    (K) 1 shall be a representative of a national 
                private landowner organization;
                    (L) 1 shall be a representative of an agricultural 
                production organization;
                    (M) 1 shall be a representative of local government 
                interests involved in fish habitat restoration;
                    (N) 2 shall be representatives from different 
                sectors of corporate industries, which may include--
                          (i) natural resource commodity interests, such 
                      as petroleum or mineral extraction;
                          (ii) natural resource user industries; and
                          (iii) industries with an interest in fish and 
                      fish habitat conservation; and
                    (O) 1 shall be an individual in a leadership 
                position in the private sector or landowner 
                representative of an active partnership.
            (3) Compensation.--A member of the Board shall serve without 
        compensation.
            (4) Travel expenses.--A member of the Board may be allowed 
        travel expenses, including per diem in lieu of subsistence, at 
        rates authorized for an employee of an agency under subchapter I 
        of chapter 57 of title 5, United States Code, while away from 
        the home or regular place of business of the member in the 
        performance of the duties of the Board.

    (b) Appointment and Terms.--
            (1) In general.--Except as otherwise provided in this 
        section, a member of the Board described in any of subparagraphs 
        (F) through (O) of subsection (a)(2) shall serve for a term of 3 
        years.
            (2) <<NOTE: Deadlines.>>  Initial board membership.--
                    (A) In general.--The initial Board shall consist of 
                representatives as described in subparagraphs (A) 
                through (F) of subsection (a)(2).
                    (B) Remaining members.--Not later than 60 days after 
                the date of enactment of this Act, the representatives 
                of the initial Board under subparagraph (A) shall 
                appoint the remaining members of the Board described in 
                subparagraphs (H) through (O) of subsection (a)(2).
                    (C) <<NOTE: Recommenda- tions.>>  Tribal 
                representatives.--Not later than 60 days after the 
                enactment of this Act, the Secretary shall provide to 
                the Board a recommendation of not fewer than three 
                Tribal representatives, from which the Board shall 
                appoint one representative pursuant to subparagraph (G) 
                of subsection (a)(2).
            (3) Staggered terms.--Of the members described in subsection 
        (a)(2)(J) initially appointed to the Board--
                    (A) two shall be appointed for a term of 1 year;
                    (B) two shall be appointed for a term of 2 years; 
                and
                    (C) three shall be appointed for a term of 3 years.

[[Page 134 STAT. 928]]

            (4) Vacancies.--
                    (A) In general.--A vacancy of a member of the Board 
                described in subparagraph (H), (I), (J), (K), (L), (M), 
                (N), or (O) of subsection (a)(2) shall be filled by an 
                appointment made by the remaining members of the Board.
                    (B) <<NOTE: Recommenda- tions. Appointment.>>  
                Tribal representatives.--Following a vacancy of a member 
                of the Board described in subparagraph (G) of subsection 
                (a)(2), the Secretary shall recommend to the Board a 
                list of not fewer than three Tribal representatives, 
                from which the remaining members of the Board shall 
                appoint a representative to fill the vacancy.
            (5) Continuation of service.--An individual whose term of 
        service as a member of the Board expires may continue to serve 
        on the Board until a successor is appointed.
            (6) Removal.--If a member of the Board described in any of 
        subparagraphs (H) through (O) of subparagraph (a)(2) misses 
        three consecutive regularly scheduled Board meetings, the 
        members of the Board may--
                    (A) vote to remove that member; and
                    (B) appoint another individual in accordance with 
                paragraph (4).

    (c) Chairperson.--
            (1) In general.--The representative of the Association of 
        Fish and Wildlife Agencies appointed under subsection (a)(2)(E) 
        shall serve as Chairperson of the Board.
            (2) Term.--The Chairperson of the Board shall serve for a 
        term of 3 years.

    (d) Meetings.--
            (1) In general.--The Board shall meet--
                    (A) at the call of the Chairperson; but
                    (B) <<NOTE: Time period.>>  not less frequently than 
                twice each calendar year.
            (2) Public access.--All meetings of the Board shall be open 
        to the public.

    (e) Procedures.--
            (1) In general.--The Board shall establish procedures to 
        carry out the business of the Board, including--
                    (A) a requirement that a quorum of the members of 
                the Board be present to transact business;
                    (B) a requirement that no recommendations may be 
                adopted by the Board, except by the vote of two-thirds 
                of all members;
                    (C) procedures for establishing national goals and 
                priorities for fish habitat conservation for the 
                purposes of this title;
                    (D) procedures for designating Partnerships under 
                section 204; and
                    (E) procedures for reviewing, evaluating, and making 
                recommendations regarding fish habitat conservation 
                projects.
            (2) Quorum.--A majority of the members of the Board shall 
        constitute a quorum.
SEC. 204. <<NOTE: 16 USC 8204.>>  FISH HABITAT PARTNERSHIPS.

    (a) Authority To Recommend.--The Board may recommend to Congress the 
designation of Fish Habitat Partnerships in accordance with this 
section.
    (b) Purposes.--The purposes of a Partnership shall be--

[[Page 134 STAT. 929]]

            (1) <<NOTE: Coordination.>>  to work with other regional 
        habitat conservation programs to promote cooperation and 
        coordination to enhance fish populations and fish habitats;
            (2) to engage local and regional communities to build 
        support for fish habitat conservation;
            (3) to involve diverse groups of public and private 
        partners;
            (4) to develop collaboratively a strategic vision and 
        achievable implementation plan that is scientifically sound;
            (5) to leverage funding from sources that support local and 
        regional partnerships;
            (6) <<NOTE: Evaluation.>>  to use adaptive management 
        principles, including evaluation of project success and 
        functionality;
            (7) <<NOTE: Evaluation. Assessment. Criteria.>>  to develop 
        appropriate local or regional habitat evaluation and assessment 
        measures and criteria that are compatible with national habitat 
        condition measures; and
            (8) to implement local and regional priority projects that 
        improve conditions for fish and fish habitat.

    (c) Criteria for Designation.--An entity seeking to be designated by 
Congress as a Partnership shall--
            (1) submit to the Board an application at such time, in such 
        manner, and containing such information as the Board may 
        reasonably require; and
            (2) demonstrate to the Board that the entity has--
                    (A) a focus on promoting the health of important 
                fish and fish habitats;
                    (B) an ability to coordinate the implementation of 
                priority projects that support the goals and national 
                priorities set by the Board that are within the 
                Partnership boundary;
                    (C) a self-governance structure that supports the 
                implementation of strategic priorities for fish habitat;
                    (D) the ability to develop local and regional 
                relationships with a broad range of entities to further 
                strategic priorities for fish and fish habitat;
                    (E) <<NOTE: Strategic plan.>>  a strategic plan that 
                details required investments for fish habitat 
                conservation that addresses the strategic fish habitat 
                priorities of the Partnership and supports and meets the 
                strategic priorities of the Board;
                    (F) the ability to develop and implement fish 
                habitat conservation projects that address strategic 
                priorities of the Partnership and the Board; and
                    (G) the ability to develop fish habitat conservation 
                priorities based on sound science and data, the ability 
                to measure the effectiveness of fish habitat projects of 
                the Partnership, and a clear plan as to how Partnership 
                science and data components will be integrated with the 
                overall Board science and data effort.

    (d) <<NOTE: Determination.>>  Requirements for Recommendation to 
Congress.--The Board may recommend to Congress for designation an 
application for a Partnership submitted under subsection (c) if the 
Board determines that the applicant--
            (1) meets the criteria described in subsection (c)(2);
            (2) identifies representatives to provide support and 
        technical assistance to the Partnership from a diverse group of 
        public and private partners, which may include State or local 
        governments, nonprofit entities, Indian Tribes, and private 
        individuals, that are focused on conservation of fish habitats

[[Page 134 STAT. 930]]

        to achieve results across jurisdictional boundaries on public 
        and private land;
            (3) is organized to promote the health of important fish 
        species and important fish habitats, including reservoirs, 
        natural lakes, coastal and marine environments, coral reefs, and 
        estuaries;
            (4) identifies strategic fish and fish habitat priorities 
        for the Partnership area in the form of geographical focus areas 
        or key stressors or impairments to facilitate strategic planning 
        and decision making;
            (5) is able to address issues and priorities on a nationally 
        significant scale;
            (6) includes a governance structure that--
                    (A) reflects the range of all partners; and
                    (B) promotes joint strategic planning and decision 
                making by the applicant;
            (7) <<NOTE: Strategic plan.>>  demonstrates completion of, 
        or significant progress toward the development of, a strategic 
        plan to address declines in fish populations, rather than simply 
        treating symptoms, in accordance with the goals and national 
        priorities established by the Board; and
            (8) promotes collaboration in developing a strategic vision 
        and implementation program that is scientifically sound and 
        achievable.

    (e) Report to Congress.--
            (1) In general.--Not later than February 1 of the first 
        fiscal year beginning after the date of enactment of this Act 
        and each February 1 thereafter, the Board shall develop and 
        submit to the appropriate congressional committees an annual 
        report, to be entitled ``Report to Congress on Future Fish 
        Habitat Partnerships and Modifications'', that--
                    (A) identifies each entity that--
                          (i) meets the requirements described in 
                      subsection (d); and
                          (ii) the Board recommends to Congress for 
                      designation as a Partnership;
                    (B) describes any proposed modifications to a 
                Partnership previously designated by Congress under 
                subsection (f);
                    (C) with respect to each entity recommended for 
                designation as a Partnership, describes, to the maximum 
                extent practicable--
                          (i) the purpose of the recommended 
                      Partnership; and
                          (ii) how the recommended Partnership fulfills 
                      the requirements described in subsection (d).
            (2) Public availability; notification.--The Board shall--
                    (A) make the report publicly available, including on 
                the internet; and
                    (B) provide to the appropriate congressional 
                committees and the State agency of any State included in 
                a recommended Partnership area written notification of 
                the public availability of the report.

    (f) Designation or Modification of Partnership.--Congress shall have 
the exclusive authority to designate or modify a Partnership.
    (g) Existing Partnerships.--

[[Page 134 STAT. 931]]

            (1) <<NOTE: Deadline.>>  Designation review.--Not later than 
        5 years after the date of enactment of this Act, any partnership 
        receiving Federal funds as of the date of enactment of this Act 
        shall be subject to a designation review by Congress in which 
        Congress shall have the opportunity to designate the partnership 
        under subsection (f).
            (2) Ineligibility for federal funds.--A partnership referred 
        to in paragraph (1) that Congress does not designate as 
        described in that paragraph shall be ineligible to receive 
        Federal funds under this title.
SEC. 205. <<NOTE: 16 USC 8205.>>  FISH HABITAT CONSERVATION 
                        PROJECTS.

    (a) <<NOTE: Deadlines. List.>>  Submission to Board.--Not later than 
March 31 of each year, each Partnership shall submit to the Board a list 
of priority fish habitat conservation projects recommended by the 
Partnership for annual funding under this title.

    (b) <<NOTE: Deadlines. List. Cost estimates.>>  Recommendations by 
Board.--Not later than July 1 of each year, the Board shall submit to 
the Secretary a priority list of fish habitat conservation projects that 
includes a description, including estimated costs, of each project that 
the Board recommends that the Secretary approve and fund under this 
title for the following fiscal year.

    (c) Criteria for Project Selection.--The Board shall select each 
fish habitat conservation project recommended to the Secretary under 
subsection (b) after taking into consideration, at a minimum, the 
following information:
            (1) <<NOTE: Recommenda- tions.>>  A recommendation of the 
        Partnership that is, or will be, participating actively in 
        implementing the fish habitat conservation project.
            (2) The capabilities and experience of project proponents to 
        implement successfully the proposed project.
            (3) The extent to which the fish habitat conservation 
        project--
                    (A) fulfills a local or regional priority that is 
                directly linked to the strategic plan of the Partnership 
                and is consistent with the purpose of this title;
                    (B) addresses the national priorities established by 
                the Board;
                    (C) is supported by the findings of the habitat 
                assessment of the Partnership or the Board, and aligns 
                or is compatible with other conservation plans;
                    (D) identifies appropriate monitoring and evaluation 
                measures and criteria that are compatible with national 
                measures;
                    (E) provides a well-defined budget linked to 
                deliverables and outcomes;
                    (F) leverages other funds to implement the project;
                    (G) addresses the causes and processes behind the 
                decline of fish or fish habitats; and
                    (H) includes an outreach or education component that 
                includes the local or regional community.
            (4) The availability of sufficient non-Federal funds to 
        match Federal contributions for the fish habitat conservation 
        project, as required by subsection (e).
            (5) The extent to which the fish habitat conservation 
        project--

[[Page 134 STAT. 932]]

                    (A) will increase fish populations in a manner that 
                leads to recreational fishing opportunities for the 
                public;
                    (B) will be carried out through a cooperative 
                agreement among Federal, State, and local governments, 
                Indian Tribes, and private entities;
                    (C) increases public access to land or water for 
                fish and wildlife-dependent recreational opportunities;
                    (D) advances the conservation of fish and wildlife 
                species that have been identified by a State agency as 
                species of greatest conservation need;
                    (E) where appropriate, advances the conservation of 
                fish and fish habitats under the Magnuson-Stevens 
                Fishery Conservation and Management Act (16 U.S.C. 1801 
                et seq.) and other relevant Federal law and State 
                wildlife action plans; and
                    (F) promotes strong and healthy fish habitats so 
                that desired biological communities are able to persist 
                and adapt.
            (6) The substantiality of the character and design of the 
        fish habitat conservation project.

    (d) Limitations.--
            (1) Requirements for evaluation.--No fish habitat 
        conservation project may be recommended by the Board under 
        subsection (b) or provided financial assistance under this title 
        unless the fish habitat conservation project includes an 
        evaluation plan designed using applicable Board guidance--
                    (A) to appropriately assess the biological, 
                ecological, or other results of the habitat protection, 
                restoration, or enhancement activities carried out using 
                the assistance;
                    (B) to reflect appropriate changes to the fish 
                habitat conservation project if the assessment 
                substantiates that the fish habitat conservation project 
                objectives are not being met;
                    (C) to identify improvements to existing fish 
                populations, recreational fishing opportunities, and the 
                overall economic benefits for the local community of the 
                fish habitat conservation project; and
                    (D) to require the submission to the Board of a 
                report describing the findings of the assessment.
            (2) Acquisition authorities.--
                    (A) In general.--A State, local government, or other 
                non-Federal entity is eligible to receive funds for the 
                acquisition of real property from willing sellers under 
                this title if the acquisition ensures--
                          (i) public access for fish and wildlife-
                      dependent recreation; or
                          (ii) a scientifically based, direct 
                      enhancement to the health of fish and fish 
                      populations, as determined by the Board.
                    (B) State agency approval.--
                          (i) In general.--All real property interest 
                      acquisition projects funded under this title must 
                      be approved by the State agency in the State in 
                      which the project is occurring.
                          (ii) Prohibition.--The Board may not 
                      recommend, and the Secretary may not provide any 
                      funding for,

[[Page 134 STAT. 933]]

                      any real property interest acquisition that has 
                      not been approved by the State agency.
                    (C) Assessment of other authorities.--The Board may 
                not recommend, and the Secretary may not provide any 
                funding under this title for, any real property interest 
                acquisition unless the Partnership that recommended the 
                project has conducted a project assessment, submitted 
                with the funding request and approved by the Board, to 
                demonstrate all other Federal, State, and local 
                authorities for the acquisition of real property have 
                been exhausted.
                    (D) Restrictions.--A real property interest may not 
                be acquired pursuant to a fish habitat conservation 
                project by a State, local government, or other non-
                Federal entity conducted with funds provided under this 
                title, unless--
                          (i) the owner of the real property authorizes 
                      the State, local government, or other non-Federal 
                      entity to acquire the real property; and
                          (ii) <<NOTE: Determination.>>  the Secretary 
                      and the Board determine that the State, local 
                      government, or other non-Federal entity would 
                      benefit from undertaking the management of the 
                      real property being acquired because that is in 
                      accordance with the goals of a Partnership.

    (e) Non-Federal Contributions.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (4), no fish habitat conservation project may be recommended by 
        the Board under subsection (b) or provided financial assistance 
        under this title unless at least 50 percent of the cost of the 
        fish habitat conservation project will be funded with non-
        Federal funds.
            (2) Non-federal share.--Such non-Federal share of the cost 
        of a fish habitat conservation project--
                    (A) may not be derived from another Federal grant 
                program; and
                    (B) may include in-kind contributions and cash.
            (3) Special rule for indian tribes.--Notwithstanding 
        paragraph (1) or any other provision of law, any funds made 
        available to an Indian Tribe pursuant to this title may be 
        considered to be non-Federal funds for the purpose of paragraph 
        (1).
            (4) <<NOTE: Consultation. Determination.>>  Waiver 
        authority.--The Secretary, in consultation with the Secretary of 
        Commerce with respect to marine or estuarine projects, may waive 
        the application of paragraph (2)(A) with respect to a State or 
        an Indian Tribe, or otherwise reduce the portion of the non-
        Federal share of the cost of an activity required to be paid by 
        a State or an Indian Tribe under paragraph (1), if the Secretary 
        determines that the State or Indian Tribe does not have 
        sufficient funds not derived from another Federal grant program 
        to pay such non-Federal share, or portion of the non-Federal 
        share, without the use of loans.

    (f) <<NOTE: Deadlines.>>  Approval.--
            (1) <<NOTE: Consultation.>>  In general.--Not later than 90 
        days after the date of receipt of the recommended priority list 
        of fish habitat conservation projects under subsection (b), and 
        subject to subsection (d) and based, to the maximum extent 
        practicable, on the criteria described in subsection (c), the 
        Secretary, after

[[Page 134 STAT. 934]]

        consulting with the Secretary of Commerce on marine or estuarine 
        projects, shall approve or reject any fish habitat conservation 
        project recommended by the Board.
            (2) Funding.--If the Secretary approves a fish habitat 
        conservation project under paragraph (1), the Secretary shall 
        use amounts made available to carry out this title to provide 
        funds to carry out the fish habitat conservation project.
            (3) Notification.--If the Secretary rejects under paragraph 
        (1) any fish habitat conservation project recommended by the 
        Board, not later than 90 days after the date of receipt of the 
        recommendation, the Secretary shall provide to the Board, the 
        appropriate Partnership, and the appropriate congressional 
        committees a written statement of the reasons that the Secretary 
        rejected the fish habitat conservation project.
SEC. 206. <<NOTE: 16 USC 8206.>>  TECHNICAL AND SCIENTIFIC 
                        ASSISTANCE.

    (a) <<NOTE: Coordination.>>  In General.--The Director, the National 
Oceanic and Atmospheric Administration Assistant Administrator, the 
Environmental Protection Agency Assistant Administrator, and the 
Director of the United States Geological Survey, in coordination with 
the Forest Service and other appropriate Federal departments and 
agencies, may provide scientific and technical assistance to 
Partnerships, participants in fish habitat conservation projects, and 
the Board.

    (b) Inclusions.--Scientific and technical assistance provided under 
subsection (a) may include--
            (1) providing technical and scientific assistance to States, 
        Indian Tribes, regions, local communities, and nongovernmental 
        organizations in the development and implementation of 
        Partnerships;
            (2) providing technical and scientific assistance to 
        Partnerships for habitat assessment, strategic planning, and 
        prioritization;
            (3) supporting the development and implementation of fish 
        habitat conservation projects that are identified as high 
        priorities by Partnerships and the Board;
            (4) <<NOTE: Recommenda- tions.>>  supporting and providing 
        recommendations regarding the development of science-based 
        monitoring and assessment approaches for implementation through 
        Partnerships;
            (5) <<NOTE: Recommenda- tions.>>  supporting and providing 
        recommendations for a national fish habitat assessment;
            (6) ensuring the availability of experts to assist in 
        conducting scientifically based evaluation and reporting of the 
        results of fish habitat conservation projects; and
            (7) providing resources to secure State agency scientific 
        and technical assistance to support Partnerships, participants 
        in fish habitat conservation projects, and the Board.
SEC. 207. <<NOTE: 16 USC 8207.>>  COORDINATION WITH STATES AND 
                        INDIAN TRIBES.

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

[[Page 134 STAT. 935]]

SEC. 208. <<NOTE: 16 USC 8208.>>  INTERAGENCY OPERATIONAL PLAN.

    Not <<NOTE: Deadlines.>>  later than 1 year after the date of 
enactment of this Act, and every 5 years thereafter, the Director, in 
cooperation with the National Oceanic and Atmospheric Administration 
Assistant Administrator, the Environmental Protection Agency Assistant 
Administrator, the Director of the United States Geological Survey, and 
the heads of other appropriate Federal departments and agencies 
(including, at a minimum, those agencies represented on the Board) shall 
develop an interagency operational plan that describes--
            (1) the functional, operational, technical, scientific, and 
        general staff, administrative, and material needs for the 
        implementation of this title; and
            (2) any interagency agreements between or among Federal 
        departments and agencies to address those needs.
SEC. 209. <<NOTE: 16 USC 8209.>>  ACCOUNTABILITY AND REPORTING.

    (a) Reporting.--
            (1) In general.--Not later than 5 years after the date of 
        enactment of this Act, and every 5 years thereafter, the Board 
        shall submit to the appropriate congressional committees a 
        report describing the progress of this title.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include--
                    (A) <<NOTE: Estimates. Time period.>>  an estimate 
                of the number of acres, stream miles, or acre-feet, or 
                other suitable measures of fish habitat, that was 
                maintained or improved by Partnerships under this title 
                during the 5-year period ending on the date of 
                submission of the report;
                    (B) a description of the public access to fish 
                habitats established or improved under this title during 
                that 5-year period;
                    (C) a description of the improved opportunities for 
                public recreational fishing achieved under this title; 
                and
                    (D) <<NOTE: Assessment.>>  an assessment of the 
                status of fish habitat conservation projects carried out 
                with funds provided under this title during that period, 
                disaggregated by year, including--
                          (i) a description of the fish habitat 
                      conservation projects recommended by the Board 
                      under section 205(b);
                          (ii) a description of each fish habitat 
                      conservation project approved by the Secretary 
                      under section 205(f), in order of priority for 
                      funding;
                          (iii) a justification for--
                                    (I) the approval of each fish 
                                habitat conservation project; and
                                    (II) the order of priority for 
                                funding of each fish habitat 
                                conservation project;
                          (iv) a justification for any rejection of a 
                      fish habitat conservation project recommended by 
                      the Board under section 205(b) that was based on a 
                      factor other than the criteria described in 
                      section 205(c); and
                          (v) an accounting of expenditures by Federal, 
                      State, or local governments, Indian Tribes, or 
                      other entities to carry out fish habitat 
                      conservation projects under this title.

[[Page 134 STAT. 936]]

    (b) Status and Trends Report.--Not later than December 31, 2021, and 
every 5 years thereafter, the Board shall submit to the appropriate 
congressional committees a report that includes--
            (1) a status of all Partnerships designated under this 
        title;
            (2) a description of the status of fish habitats in the 
        United States as identified by designated Partnerships; and
            (3) enhancements or reductions in public access as a result 
        of--
                    (A) the activities of the Partnerships; or
                    (B) any other activities carried out pursuant to 
                this title.
SEC. 210. <<NOTE: 16 USC 8210.>>  EFFECT OF THIS TITLE.

    (a) Water Rights.--Nothing in this title--
            (1) establishes any express or implied reserved water right 
        in the United States for any purpose;
            (2) affects any water right in existence on the date of 
        enactment of this Act;
            (3) preempts or affects any State water law or interstate 
        compact governing water; or
            (4) affects any Federal or State law in existence on the 
        date of enactment of the Act regarding water quality or water 
        quantity.

    (b) Authority To Acquire Water Rights or Rights to Property.--Only a 
State, local government, or other non-Federal entity may acquire, under 
State law, water rights or rights to property with funds made available 
through section 212.
    (c) State Authority.--Nothing in this title--
            (1) affects the authority, jurisdiction, or responsibility 
        of a State to manage, control, or regulate fish and wildlife 
        under the laws and regulations of the State; or
            (2) authorizes the Secretary to control or regulate within a 
        State the fishing or hunting of fish and wildlife.

    (d) Effect on Indian Tribes.--Nothing in this title abrogates, 
abridges, affects, modifies, supersedes, or alters any right of an 
Indian Tribe recognized by treaty or any other means, including--
            (1) an agreement between the Indian Tribe and the United 
        States;
            (2) Federal law (including regulations);
            (3) an Executive order; or
            (4) a judicial decree.

    (e) Adjudication of Water Rights.--Nothing in this title diminishes 
or affects the ability of the Secretary to join an adjudication of 
rights to the use of water pursuant to subsection (a), (b), or (c) of 
section 208 of the Departments of State, Justice, Commerce, and The 
Judiciary Appropriation Act, 1953 (43 U.S.C. 666).
    (f) Department of Commerce Authority.--Nothing in this title affects 
the authority, jurisdiction, or responsibility of the Department of 
Commerce to manage, control, or regulate fish or fish habitats under the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 
et seq.).
    (g) Effect on Other Authorities.--
            (1) Private property protection.--Nothing in this title 
        permits the use of funds made available to carry out this title 
        to acquire real property or a real property interest without the 
        written consent of each owner of the real property or real 
        property interest, respectively.

[[Page 134 STAT. 937]]

            (2) Mitigation.--Nothing in this title authorizes the use of 
        funds made available to carry out this title for fish and 
        wildlife mitigation purposes under--
                    (A) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (B) the Fish and Wildlife Coordination Act (16 
                U.S.C. 661 et seq.);
                    (C) the Water Resources Development Act of 1986 
                (Public Law 99-662; 100 Stat. 4082); or
                    (D) any other Federal law or court settlement.
            (3) Clean water act.--Nothing in this title affects any 
        provision of the Federal Water Pollution Control Act (33 U.S.C. 
        1251 et seq.), including any definition in that Act.
SEC. 211. <<NOTE: 16 USC 8211.>>  NONAPPLICABILITY OF FEDERAL 
                        ADVISORY COMMITTEE ACT.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to--
            (1) the Board; or
            (2) any Partnership.
SEC. 212. <<NOTE: 16 USC 8212.>>  FUNDING.

    (a) <<NOTE: Time period.>>  Authorization of Appropriations.--
            (1) Fish habitat conservation projects.--There is authorized 
        to be appropriated to the Secretary $7,200,000 for each of 
        fiscal years 2021 through 2025 to provide funds for fish habitat 
        conservation projects approved under section 205(f), of which 5 
        percent is authorized only for projects carried out by Indian 
        Tribes.
            (2) Administrative and planning expenses.--There is 
        authorized to be appropriated to the Secretary for each of 
        fiscal years 2021 through 2025 an amount equal to 5 percent of 
        the amount appropriated for the applicable fiscal year pursuant 
        to paragraph (1)--
                    (A) for administrative and planning expenses under 
                this title; and
                    (B) to carry out section 209.
            (3) Technical and scientific assistance.--There is 
        authorized to be appropriated for each of fiscal years 2021 
        through 2025 to carry out, and provide technical and scientific 
        assistance under, section 206--
                    (A) $400,000 to the Secretary for use by the United 
                States Fish and Wildlife Service;
                    (B) $400,000 to the National Oceanic and Atmospheric 
                Administration Assistant Administrator for use by the 
                National Oceanic and Atmospheric Administration;
                    (C) $400,000 to the Environmental Protection Agency 
                Assistant Administrator for use by the Environmental 
                Protection Agency;
                    (D) $400,000 to the Secretary for use by the United 
                States Geological Survey; and
                    (E) $400,000 to the Secretary of Agriculture, acting 
                through the Chief of the Forest Service, for use by the 
                Forest Service.

    (b) Agreements and Grants.--The Secretary may--
            (1) on the recommendation of the Board, and notwithstanding 
        sections 6304 and 6305 of title 31, United States Code, and the 
        Federal Financial Assistance Management

[[Page 134 STAT. 938]]

        Improvement Act of 1999 (31 U.S.C. 6101 note; Public Law 106-
        107), enter into a grant agreement, cooperative agreement, or 
        contract with a Partnership or other entity to provide funds 
        authorized by this title for a fish habitat conservation project 
        or restoration or enhancement project;
            (2) apply for, accept, and, subject to the availability of 
        appropriations, use a grant from any individual or entity to 
        carry out the purposes of this title; and
            (3) <<NOTE: Determination.>>  subject to the availability of 
        appropriations, make funds authorized by this Act available to 
        any Federal department or agency for use by that department or 
        agency to provide grants for any fish habitat protection 
        project, restoration project, or enhancement project that the 
        Secretary determines to be consistent with this title.

    (c) Donations.--
            (1) In general.--The Secretary may--
                    (A) <<NOTE: Contracts.>>  enter into an agreement 
                with any organization described in section 501(c)(3) of 
                the Internal Revenue Code of 1986 that is exempt from 
                taxation under section 501(a) of that Code to solicit 
                private donations to carry out the purposes of this 
                title; and
                    (B) accept donations of funds, property, and 
                services to carry out the purposes of this title.
            (2) Treatment.--A donation accepted under this title--
                    (A) shall be considered to be a gift or bequest to, 
                or otherwise for the use of, the United States; and
                    (B) may be--
                          (i) used directly by the Secretary; or
                          (ii) provided to another Federal department or 
                      agency through an interagency agreement.
SEC. 213. <<NOTE: 16 USC 8213.>>  PROHIBITION AGAINST 
                        IMPLEMENTATION OF REGULATORY AUTHORITY BY 
                        FEDERAL AGENCIES THROUGH PARTNERSHIPS.

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

                        TITLE III--MISCELLANEOUS

SEC. 301. STUDY TO REVIEW CONSERVATION FACTORS.

    (a) Definition of Secretaries.--In this section, the term 
``Secretaries'' means--
            (1) the Secretary of Agriculture;
            (2) the Secretary of Commerce, acting through the Assistant 
        Administrator of the National Marine Fisheries Service; and
            (3) the Secretary of the Interior, acting through the 
        Director of the United States Fish and Wildlife Service.

    (b) Study.--To assess factors affecting successful conservation 
activities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.), the Secretaries shall carry out a study--
            (1)(A) to review any factors that threaten or endanger a 
        species, such as wildlife disease, for which a listing under

[[Page 134 STAT. 939]]

        the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
        would not contribute to the conservation of the species; and
            (B) to identify additional conservation measures that can be 
        taken to protect and conserve a species described in 
        subparagraph (A);
            (2) to review any barriers to--
                    (A) the delivery of Federal, State, local, or 
                private funds for such conservation activities, 
                including statutory or regulatory impediments, staffing 
                needs, and other relevant considerations; or
                    (B) the implementation of conservation agreements, 
                plans, or other cooperative agreements, including 
                agreements focused on voluntary activities, multispecies 
                efforts, and other relevant considerations;
            (3) to review factors that impact the ability of the Federal 
        Government to successfully implement the Endangered Species Act 
        of 1973 (16 U.S.C. 1531 et seq.);
            (4) <<NOTE: Recommenda- tions.>>  to develop recommendations 
        regarding methods to address barriers identified under paragraph 
        (2), if any;
            (5) to review determinations under the Endangered Species 
        Act of 1973 (16 U.S.C. 1531 et seq.) in which a species is 
        determined to be recovered by the Secretary of the Interior, 
        acting through the Director of the United States Fish and 
        Wildlife Service, or the Secretary of Commerce, acting through 
        the Assistant Administrator of the National Marine Fisheries 
        Service, but remains listed under that Act, including--
                    (A) an explanation of the factors preventing a 
                delisting or downlisting of the species; and
                    (B) <<NOTE: Recommenda- tions.>>  recommendations 
                regarding methods to address the factors described in 
                subparagraph (A); and
            (6) to review any determinations under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.) in which a species 
        has been identified as needing listing or uplisting under that 
        Act but remains unlisted or listed as a threatened species, 
        respectively, including--
                    (A) an explanation of the factors preventing a 
                listing or uplisting of the species; and
                    (B) <<NOTE: Recommenda- tions.>>  recommendations 
                regarding methods to address the factors described in 
                subparagraph (A).

    (c) <<NOTE: Public information.>>  Report.--Not later than 1 year 
after the date of enactment of this Act, the Secretaries shall submit to 
the Committees on Appropriations and Environment and Public Works of the 
Senate and the Committees on Appropriations and Natural Resources of the 
House of Representatives and make publicly available a report describing 
the results of the study under subsection (b).
SEC. 302. STUDY AND REPORT ON EXPENDITURES.

    (a) Reports on Expenditures.--
            (1) Federal departments and agencies.--
                    (A) <<NOTE: Determination. Data. Time periods.>>  In 
                general.--At the determination of the Comptroller 
                General of the United States (referred to in this 
                section as the ``Comptroller General''), to facilitate 
                the preparation of the reports from the Comptroller 
                General under paragraph (2), the head of each Federal 
                department and agency shall submit to the Comptroller 
                General data and other relevant information that 
                describes the amounts expended or disbursed (including 
                through loans, loan

[[Page 134 STAT. 940]]

                guarantees, grants, or any other financing mechanism) by 
                the department or agency as a direct result of any 
                provision of the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.) (including any regulation 
                promulgated pursuant to that Act) during--
                          (i) with respect to the first report under 
                      paragraph (2), the 3 fiscal years preceding the 
                      date of submission of the report; and
                          (ii) with respect to the second report under 
                      paragraph (2), the 2 fiscal years preceding the 
                      date of submission of the report.
                    (B) Requirements.--Data and other relevant 
                information submitted under subparagraph (A) shall 
                describe, with respect to the applicable amounts--
                          (i) the programmatic office of the department 
                      or agency on behalf of which each amount was 
                      expended or disbursed;
                          (ii) the provision of the Endangered Species 
                      Act of 1973 (16 U.S.C. 1531 et seq.) (or 
                      regulation promulgated pursuant to that Act) 
                      pursuant to which each amount was expended or 
                      disbursed; and
                          (iii) the project or activity carried out 
                      using each amount, in detail sufficient to reflect 
                      the breadth, scope, and purpose of the project or 
                      activity.
            (2) Comptroller general.--Not later than 2 years and 4 years 
        after the date of enactment of this Act, the Comptroller General 
        shall submit to the Committees on Appropriations, Commerce, 
        Science, and Transportation, and Environment and Public Works of 
        the Senate and the Committee on Appropriations and Natural 
        Resources of the House of Representatives a report that 
        describes--
                    (A) <<NOTE: Time periods.>>  the aggregate amount 
                expended or disbursed by all Federal departments and 
                agencies as a direct result of any provision of the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
                (including any regulation promulgated pursuant to that 
                Act) during--
                          (i) with respect to the first report, the 3 
                      fiscal years preceding the date of submission of 
                      the report; and
                          (ii) with respect to the second report, the 2 
                      fiscal years preceding the date of submission of 
                      the report;
                    (B) the provision of the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.) (or regulation promulgated 
                pursuant to that Act) pursuant to which each such amount 
                was expended or disbursed; and
                    (C) with respect to each relevant department or 
                agency--
                          (i) the total amount expended or disbursed by 
                      the department or agency as described in 
                      subparagraph (A); and
                          (ii) the information described in clauses (i) 
                      through (iii) of paragraph (1)(B).

    (b) Report on Conservation Activities.--
            (1) <<NOTE: Determination. Data. Time periods.>>  Federal 
        departments and agencies.--At the determination of the 
        Comptroller General, to facilitate the preparation of the report 
        under paragraph (2), the head of each Federal department and 
        agency shall submit to the Comptroller General

[[Page 134 STAT. 941]]

        data and other relevant information that describes the 
        conservation activities by the Federal department or agency as a 
        direct result of any provision of the Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.) (including any regulation 
        promulgated pursuant to that Act) during--
                    (A) with respect to the first report under paragraph 
                (2), the 3 fiscal years preceding the date of submission 
                of the report; and
                    (B) with respect to the second report under 
                paragraph (2), the 2 fiscal years preceding the date of 
                submission of the report.
            (2) Comptroller general.--Not later than 2 years and 4 years 
        after the date of enactment of this Act, the Comptroller General 
        shall submit to the Committees on Commerce, Science, and 
        Transportation and Environment and Public Works of the Senate 
        and the Committee on Natural Resources of the House of 
        Representatives a report that--
                    (A) <<NOTE: Time periods.>>  describes the 
                conservation activities by all Federal departments and 
                agencies for species listed as a threatened species or 
                endangered species under the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.), as reported under 
                paragraph (1), during--
                          (i) with respect to the first report, the 3 
                      fiscal years preceding the date of submission of 
                      the report; and
                          (ii) with respect to the second report, the 2 
                      fiscal years preceding the date of submission of 
                      the report;
                    (B) is organized into categories with respect to 
                whether a recovery plan for a species has been 
                established;
                    (C) includes conservation outcomes associated with 
                the conservation activities; and
                    (D) as applicable, describes the conservation 
                activities that required interaction between Federal 
                agencies and between Federal agencies and State and 
                Tribal agencies and units of local government pursuant 
                to the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.).
SEC. 303. USE OF VALUE OF LAND FOR COST SHARING.

    The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et 
seq.) is amended--
            (1) by redesignating section 13 <<NOTE: 16 USC 669 note.>>  
        as section 14; and
            (2) by inserting after section 12 the following:
``SEC. 13. <<NOTE: 16 USC 6691.>>  VALUE OF LAND.

    ``Notwithstanding any other provision of law, any institution 
eligible to receive Federal funds under the Agricultural Research, 
Extension, and Education Reform Act of 1998 (7 U.S.C. 7601 et seq.) 
shall be allowed to use the value of any land owned by

[[Page 134 STAT. 942]]

the institution as an in-kind match to satisfy any cost sharing 
requirement under this Act.''.

    Approved October 30, 2020.

LEGISLATIVE HISTORY--S. 3051:
---------------------------------------------------------------------------

SENATE REPORTS: No. 116-239 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 166 (2020):
            Sept. 16, considered and passed Senate.
            Oct. 1, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
            Oct. 30, Presidential statement.

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