    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-188
    116th Congress

    An Act

    To improve protections for wildlife, and for other
    purposes. <>

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

    (a) <>  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 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) <>  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) <>  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 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) <>  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) <>  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 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. <>  LOSSES OF LIVESTOCK DUE TO
    DEPREDATION BY FEDERALLY PROTECTED
    SPECIES.

    (a) Definitions.--In this section:

    [[Page 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) <>  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 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) <>  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) <>  submit to the Secretaries--
    (i) annual reports that include--
    (I) <>  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 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. <>  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. <>  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) <>  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 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) <>  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) <>  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) <>  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) <>  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) <>  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 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) <>
    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) <>  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) <>  shall be filled not later
    than 30 days after the date of the vacancy.
    (7) Meetings.--The Task Force shall convene--
    (A) <> 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) <>  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 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) <>  updated
    resource requirements that are needed to reduce and
    eliminate chronic wasting disease in the United States;
    (C) <>  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) <>  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) <>  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 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) <>  assess the effectiveness
    of the potential prevention, detection, or control
    measures, practices, or technologies identified under
    subparagraph (A)(v); and
    (C) <>  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 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) <>  any conclusions
    and recommendations that the Secretaries determine to be
    appropriate.

    (d) <>  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 917]]

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

    ``(p) <>  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) <>  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) <>  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 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 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) <>  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) <>  In general.--In
    entering into contracts, agreements, or other
    partnerships pursuant to this Act, a Federal department,
    agency, or instrumentality shall have discretion to
    waive any competitive process applicable to the
    department, agency, or instrumentality for entering into
    contracts, agreements, or partnerships with the
    Foundation if the purpose of the waiver is--
    ``(i) to address an environmental emergency
    resulting from a natural or other disaster; or
    ``(ii) <>  as determined
    by the head of the applicable Federal department,
    agency, or instrumentality, to reduce
    administrative expenses and expedite the
    conservation and management of fish, wildlife,
    plants, and other natural resources.

    [[Page 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. <>  MODIFICATION OF DEFINITION
    OF SPORT FISHING EQUIPMENT UNDER TOXIC
    SUBSTANCES CONTROL ACT.

    (a) <>  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) <>  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) <>  is amended by striking
    ``2019'' and inserting ``2025''.

    [[Page 921]]

    SEC. 111. <>  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) <>  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) <>  Purposes.--The purposes of the
    Chesapeake WILD program are--

    [[Page 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) <>  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) <>  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 923]]

    (4) <>  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) <>  Any other entity that
    the Secretary determines to be appropriate in accordance
    with the criteria established under paragraph (3).
    (3) <>  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 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. <>  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 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. <>  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 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. <>  NATIONAL FISH HABITAT BOARD.

    (a) Establishment.--
    (1) <>  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) <>  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) <>  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 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) <>  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) <>  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 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) <>
    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) <>  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. <>  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 929]]

    (1) <>  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) <>  to use adaptive management
    principles, including evaluation of project success and
    functionality;
    (7) <>  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) <>  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) <>  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 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) <>  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 931]]

    (1) <>  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. <>  FISH HABITAT CONSERVATION
    PROJECTS.

    (a) <>  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) <>  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) <>  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 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 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) <>  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) <>  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) <>  Approval.--
    (1) <>  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 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. <>  TECHNICAL AND SCIENTIFIC
    ASSISTANCE.

    (a) <>  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) <>  supporting and providing
    recommendations regarding the development of science-based
    monitoring and assessment approaches for implementation through
    Partnerships;
    (5) <>  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. <>  COORDINATION WITH STATES AND
    INDIAN TRIBES.

    The <>  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 935]]

    SEC. 208. <>  INTERAGENCY OPERATIONAL PLAN.

    Not <>  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. <>  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) <>  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) <>  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 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. <>  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 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. <>  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. <>  FUNDING.

    (a) <>  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 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) <>  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) <>  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. <>  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 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) <>  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) <>  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) <>  recommendations
    regarding methods to address the factors described in
    subparagraph (A).

    (c) <>  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) <>  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 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) <>  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) <>  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 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) <>  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 <>
    as section 14; and
    (2) by inserting after section 12 the following:
    ``SEC. 13. <>  VALUE OF LAND.

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

    [[Page 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.