[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7408 Reported in House (RH)]
<DOC>
Union Calendar No. 754
118th CONGRESS
2d Session
H. R. 7408
[Report No. 118-922, Part I]
To amend the Pittman-Robertson Wildlife Restoration Act to make
supplemental funds available for management of fish and wildlife
species of greatest conservation need as determined by State fish and
wildlife agencies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 20, 2024
Mr. Westerman (for himself, Mr. Bentz, Ms. Hageman, Mr. Stauber, Mr.
Curtis, Mr. Carl, Mr. Lamborn, Ms. Boebert, Mrs. Kiggans of Virginia,
Mr. LaMalfa, Mr. Newhouse, Mrs. Radewagen, Mr. Moylan, Mrs. Gonzalez-
Colon, Ms. Maloy, Mr. Carter of Georgia, Mr. Zinke, Mr. Smith of
Nebraska, and Mr. Wittman) introduced the following bill; which was
referred to the Committee on Natural Resources, and in addition to the
Committee on Agriculture, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
December 18, 2024
Additional sponsors: Mrs. Rodgers of Washington, Mr. Rosendale, Mr.
Owens, and Mr. Tony Gonzales of Texas
December 18, 2024
Reported from the Committee on Natural Resources with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
December 18, 2024
Committee on Agriculture discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on
February 20, 2024]
_______________________________________________________________________
A BILL
To amend the Pittman-Robertson Wildlife Restoration Act to make
supplemental funds available for management of fish and wildlife
species of greatest conservation need as determined by State fish and
wildlife agencies, and for other purposes.
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 Wildlife
Habitat Conservation Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Statement of purpose.
Sec. 3. GAO study.
TITLE I--WILDLIFE CONSERVATION AND RESTORATION
Sec. 101. Wildlife Conservation and Restoration Subaccount.
Sec. 102. Technical amendments.
Sec. 103. Savings clause.
TITLE II--TRIBAL WILDLIFE CONSERVATION AND RESTORATION
Sec. 201. Indian Tribes.
TITLE III--CONSERVATION AND MANAGEMENT FOR WILDLIFE REFUGES
Sec. 301. Definitions.
Sec. 302. Good neighbor authority for United States Fish and Wildlife
Service.
Sec. 303. Stewardship end result contracting projects.
Sec. 304. Technical amendments.
TITLE IV--INCENTIVIZING WILDLIFE CONSERVATION ON PRIVATE LANDS
Sec. 401. Candidate Conservation Agreements with Assurances.
Sec. 402. Designation of critical habitat.
Sec. 403. Availability of certain information.
TITLE V--FOREST INFORMATION REFORM
Sec. 501. No additional consultation required.
TITLE VI--PROVIDING FOR GREATER INCENTIVES TO RECOVER LISTED SPECIES
Sec. 601. Protective regulations under Endangered Species Act of 1973.
TITLE VII--RESCISSIONS AND REPEALS
Sec. 701. Rescission of funds.
Sec. 702. Repeal of certain programs.
SEC. 2. STATEMENT OF PURPOSE.
The purpose of this Act is to extend financial and technical
assistance to States, territories, the District of Columbia, and Indian
Tribes, including under the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669 et seq.), for the purpose of restoring habitat on State,
Tribal, Federal, and private lands--
(1) to recover species currently listed as threatened or
endangered under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) or under State law; and
(2) to prevent the need to list species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or
under State law.
SEC. 3. GAO STUDY.
Not later than 5 years after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a study to
examine the progress of States, territories, the District of Columbia,
and Indian Tribes toward achieving the purpose described in section 2.
TITLE I--WILDLIFE CONSERVATION AND RESTORATION
SEC. 101. WILDLIFE CONSERVATION AND RESTORATION SUBACCOUNT.
(a) In General.--Section 3 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b) is amended--
(1) in subsection (a)--
(A) by striking ``(1) An amount equal to'' and
inserting ``An amount equal to''; and
(B) by striking paragraph (2); and
(2) in subsection (c)--
(A) by inserting after ``(c)'' the following:
``Wildlife Habitat Conservation and Restoration
Subaccount.--'';
(B) by redesignating paragraphs (2) and (3) as
paragraphs (10) and (11); and
(C) by striking paragraph (1) and inserting the
following:
``(1) Definitions.--In this subsection:
``(A) Restoration.--The term `restoration' means
the implementation of conservation actions and
practices that reestablish or enhance environmental
conditions and ecosystem functions that benefit the
diversity, resilience, health, and productivity of
plants and animals.
``(B) Rewilding.--The term `rewilding' means a
restoration approach that prohibits human management
activities and relies only on natural processes to
maintain or improve habitat.
``(C) Territory and territories.--The terms
`territory' and `territories' mean the Commonwealth of
Puerto Rico, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, and the United States
Virgin Islands.
``(2) Establishment of subaccount.--
``(A) In general.--There is established in the fund
a subaccount to be known as the `Wildlife Habitat
Conservation and Restoration Subaccount'.
``(B) Availability.--Amounts in the Subaccount
shall be available until expended, subject to future
appropriations, for apportionment in accordance with
this Act.
``(C) Deposits into subaccount.--Subject to the
availability of appropriations made in advance for such
purposes, the Secretary shall allocate not more than
$300,000,000 to the Subaccount for each of fiscal years
2025 through 2029.
``(D) Treatment of revenue.--Funds received by a
State fish and wildlife department as a result of a
wildlife conservation and restoration program or
project of such department that is carried out on
Federal or State land and funded by the Subaccount
shall be retained and used by such department to carry
out additional authorized wildlife conservation and
restoration programs or projects pursuant to the
America's Wildlife Habitat Conservation Act.
``(E) Sunset.--No funds may be appropriated to the
Subaccount after fiscal year 2029.
``(3) Supplement not supplant.--Amounts transferred to the
Subaccount shall supplement, but not replace, existing funds
available to the States from--
``(A) the funds distributed pursuant to the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777 et seq.); and
``(B) the fund.
``(4) Innovation grants.--
``(A) In general.--The Secretary shall distribute
10 percent of amounts in the Subaccount in each fiscal
year through a competitive grant program to State fish
and wildlife departments, the District of Columbia fish
and wildlife department, fish and wildlife departments
of territories, or to regional associations of fish and
wildlife departments (or any group composed of more
than 1 such entity).
``(B) Purpose.--Recipients of a grant issued under
subparagraph (A) shall use such grant funds for the
purpose of catalyzing innovation of techniques, tools,
strategies, or collaborative partnerships that
accelerate, expand, or replicate effective and
measurable recovery efforts for habitat of species of
greatest conservation need and species listed under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
``(C) Review committee.--The Secretary shall
appoint a review committee comprised of--
``(i) 1 State Director from each regional
association of State fish and wildlife
departments;
``(ii) the head of a department responsible
for fish and wildlife management in a
territory;
``(iii) 1 delegate from the United States
Fish and Wildlife Service, for the purpose of
providing technical assistance;
``(iv) 2 individuals who represent 2
different nonprofit organizations, each of
which participated in carrying out wildlife
conservation and restoration activities using
funds apportioned from the Subaccount during
the 5-year period ending on the date of
appointment of such individual; and
``(v) 2 individuals who represent 2
different nonprofit hunting and fishing
organizations who are each a member of--
``(I) the Hunting and Wildlife
Conservation Council of the Department
of the Interior and Department of
Agriculture and classified as
representing a `wildlife & habitat
conservation/management organization';
or
``(II) the Sport Fishing and
Boating Partnership Council of the
Department of the Interior and
classified as representing a
`recreational fishery resource
conservation organization'.
``(D) Support from united states fish and wildlife
service.--Using not more than 3 percent of the amounts
distributed under subparagraph (A) to carry out a
competitive grant program, the United States Fish and
Wildlife Service shall provide any personnel or
administrative support services necessary for such
committee to carry out its responsibilities under this
Act.
``(E) Evaluation.--Such committee shall evaluate
each proposal submitted under this paragraph and
recommend projects for funding, giving preference to
solutions that accelerate the recovery of habitat for
species identified as priorities through regional
scientific assessments of species of greatest
conservation need.
``(5) Use of funds.--
``(A) In general.--Funds apportioned from the
Subaccount under paragraph (2)(B)--
``(i) shall be used for purposes and
practices consistent with section 2 of the
America's Wildlife Habitat Conservation Act;
``(ii) shall be used to develop, carry out,
revise, or enhance the Wildlife Conservation
Strategy of a State, territory, or the District
of Columbia, as required under section 4(e), by
carrying out, revising, or enhancing existing
wildlife conservation and restoration programs
or strategies and developing and implementing
new wildlife conservation and restoration
programs or strategies, as determined by the
appropriate State fish and wildlife department;
``(iii) shall be used to assist in the
restoration of habitat for species found in the
State, territory, or the District of Columbia
that are listed as endangered species,
threatened species, candidate species or
species proposed for listing, or species
petitioned for listing under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) or
under State law;
``(iv) may be used for management of
animals, including harvesting;
``(v) may be used for the conservation and
restoration of habitat for species of greatest
conservation need whose range is shared with
another State, territory, Indian Tribe, or
foreign government;
``(vi) may be used to manage, control, and
prevent invasive species, disease, and other
risks to the habitat of species of greatest
conservation need;
``(vii) may be used for forest and
vegetation management activities if a primary
purpose of such activity is to modify, improve,
enhance, or create wildlife habitat or reduce
the risk of damage or destruction to wildlife
habitat due to wildfires, insects, or disease,
including--
``(I) planting, seeding, and
harvesting, including planting,
seeding, and harvesting of native
seeds;
``(II) mechanical thinning;
``(III) prescribed burning;
``(IV) chemical applications
designed to restore natural range
variation including creating and
maintaining early seral communities;
and
``(V) prescribed haying and grazing
practices;
``(viii) may be used to carry out
voluntary, collaborative conservation work with
willing landowners consistent with section 2 of
the America's Wildlife Habitat Conservation Act
to keep private lands working; and
``(ix) may be used to provide incentives to
private landowners to carry out habitat
conservation work for threatened and endangered
species or species of greatest conservation
need on the land owned by such private
landowners and to provide financial assistance
or technical assistance to such private
landowners to carry out such work.
``(B) Prohibited uses.--Funds apportioned from the
Subaccount may not be used for--
``(i) rewilding;
``(ii) the reintroduction or management of
a species in a manner not supported by the
applicable State fish and wildlife management
authorities; or
``(iii) climate-focused decisions that lack
a connection to the State comprehensive plan
developed under section 4(e)(1).
``(6) Minimum required spending for endangered species
recovery.--Not less than 15 percent of the total amount
apportioned to a State, territory, or the District of Columbia
from the Subaccount during the period of fiscal years 2025
through 2029 shall be used for purposes described in paragraph
(5)(A)(iii).
``(7) Public access to private lands not required.--
Apportionment of funds from the Subaccount may not be
conditioned upon the provision of public access to private
lands, waters, or holdings.
``(8) Requirements for matching funds.--
``(A) In general.--For the purposes of the non-
Federal fund matching requirement for a wildlife
conservation and restoration program or project funded
by the Subaccount, a State, territory, or the District
of Columbia may use as matching non-Federal funds--
``(i) in-kind contributions of services and
materials;
``(ii) voluntarily donated privately owned
easements;
``(iii) in circumstances described in
subparagraph (B), revenue generated through the
sale of State hunting and fishing licenses; and
``(iv) other sources consistent with part
80 of title 50, Code of Federal Regulations, as
in effect on the date of the enactment of the
America's Wildlife Habitat Conservation Act.
``(B) Circumstances described.--Revenue described
in subparagraph (A)(iii) may only be used to fulfill
the requirements of such non-Federal fund matching
requirement if--
``(i) no Federal funds apportioned to the
State fish and wildlife department of such
State from the Wildlife Restoration Program or
the Sport Fish Restoration Program have been
reverted because of a failure to fulfill such
non-Federal fund matching requirement by such
State during the previous 2 years; and
``(ii) the project or program being funded
benefits the habitat of a species that is a--
``(I) hunted or fished species; and
``(II) species of greatest
conservation need.
``(9) State land acquisition.--Land acquired by a State,
territory, or the District of Columbia using funds apportioned
from the Subaccount--
``(A) may only be purchased from a willing seller;
``(B) may only be so acquired for the purposes
described in paragraph (5)(A)(iii);
``(C) may only be so acquired when no other source
of Department of the Interior funding is available to
purchase such land; and
``(D) shall be open to the public for wildlife-
related outdoor recreation, including hunting,
trapping, fishing, or recreational shooting to the
extent allowed by State law.''.
(b) Allocation and Apportionment of Available Amounts.--Section 4
of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is
amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``, after deducting the
amount distributed pursuant to section
3(c)(4),'' after ``Secretary of the Interior
shall'';
(ii) in subparagraph (A)--
(I) by striking ``to the District
of Columbia and to the Commonwealth of
Puerto Rico, each'' and inserting ``To
the District of Columbia''; and
(II) by striking ``one-half'' and
inserting ``one-fourth'';
(iii) in subparagraph (B)--
(I) by striking ``to Guam'' and
inserting ``To Guam''; and
(II) by striking ``not more than
one-fourth of 1 percent'' and inserting
``not less than one-third of 1
percent''; and
(iv) by adding at the end the following:
``(C) To the Commonwealth of Puerto Rico, a sum
equal to not less than 1 percent thereof.'';
(B) in paragraph (2)(A)--
(i) by amending clause (i) to read as
follows:
``(i) half of which is based on the ratio to which
the land and water area of such State bears to the
total land and water area of all such States;'';
(ii) in clause (ii)--
(I) by striking ``two-thirds'' and
inserting ``one-quarter''; and
(II) by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) one quarter of which is based upon the
ratio to which the number of species listed as
endangered or threatened under the Endangered Species
Act of 1973 in such State bears to the total number of
such species listed in all such States.'';
(C) by amending paragraph (2)(B) to read as
follows:
``(B) The amounts apportioned under this paragraph shall be
adjusted equitably so that no such State, unless otherwise
designated, shall be apportioned a sum which is less than 1
percent or more than 5 percent of the amount available for
apportionment under--
``(i) subparagraph (A)(i);
``(ii) subparagraph (A)(ii); and
``(iii) the overall amount available for
subparagraph (A).''; and
(D) in paragraph (3), by striking ``3 percent'' and
inserting ``one-third of 1 percent'';
(2) in subsection (e) in paragraph (3), by striking ``75''
and inserting ``90''; and
(3) by adding at the end following:
``(f) Accountability.--
``(1) In general.--Not later than 1 year after the date of
the enactment of the America's Wildlife Habitat Conservation
Act and every 2 years thereafter until the last day of fiscal
year 2029, the head of each State fish and wildlife department
shall submit to the Director of the United States Fish and
Wildlife Service a report describing, with respect to such
department during the preceding 2 years, the following:
``(A) A summary of each activity carried out using
funds apportioned from the Subaccount, including--
``(i) an accounting of the administrative
costs associated with each such activity;
``(ii) an accounting of land acquired, if
any, from willing sellers by each State fish
and wildlife department using funds from the
Subaccount, including--
``(I) the number of acres acquired;
``(II) the endangered species,
threatened species, candidate species
or species proposed for listing, or
species petitioned for listing under
the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) or State law
associated with the land acquired;
``(III) the justification for such
land acquisition; and
``(IV) a detailed explanation
regarding why other sources of funding
were not used for the land acquisition;
and
``(iii) the number of acres of habitat
restored, enhanced, created, or conserved by
each such activity.
``(B) A summary of the results and effectiveness of
each activity carried out using funds apportioned from
the Subaccount, including, if determinable--
``(i) any change in the population trends
of species of greatest conservation need; and
``(ii) any reduction in threats to species
of greatest conservation need.
``(2) Summary report.--The Secretary shall, not later than
180 days after each deadline for the submission of reports
under paragraph (1), submit a report summarizing each report
received by the Secretary under paragraph (1) to--
``(A) the Committee on Environment and Public Works
of the Senate; and
``(B) the Committee on Natural Resources of the
House of Representatives.
``(3) State defined.--In this subsection, the term `State'
includes the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, and the United States Virgin Islands.''.
SEC. 102. TECHNICAL AMENDMENTS.
(a) Definitions.--Section 2 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a) is amended--
(1) in paragraph (7), by striking ``including fish,'';
(2) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(3) in paragraph (9)--
(A) by striking ``section 304(d)'' and inserting
``section 4(e)''; and
(B) by inserting ``Indian Tribes,'' before
``wildlife conservation organizations''.
(b) Conforming Amendments.--The Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669 et seq.) is amended--
(1) in section 2--
(A) by redesignating paragraphs (6) through (11) as
paragraphs (7) through (12), respectively;
(B) by inserting after paragraph (5) the following:
``(6) the term `species of greatest conservation need'
means, with respect to funds apportioned to a State,
terrestrial, aquatic, or marine fauna or flora that the State
fish and wildlife department of such State determines are--
``(A) of low or declining population; or
``(B) facing threats and in need of conservation
attention;'';
(C) by redesignating paragraphs (8) through (12),
as so redesignated by subparagraph (A) of this
paragraph, as paragraphs (9) through (13),
respectively; and
(D) by inserting after paragraph (7), as so
redesignated by subparagraph (A) of this paragraph, the
following:
``(8) the term `Subaccount' means the Wildlife Habitat
Conservation and Restoration Subaccount established by section
3(c)(2)(A);'';
(2) in section 3--
(A) in subsection (c)--
(i) in paragraph (10), as so redesignated
by section 101(a)(2)(B) of this Act, by
striking ``or an Indian tribe''; and
(ii) in paragraph (11), as so redesignated
by section 101(a)(2)(B) of this Act--
(I) by striking ``Wildlife
Conservation and Restoration Account''
and inserting ``Subaccount''; and
(II) by striking ``those species
with the greatest conservation need as
defined by the State wildlife
conservation and restoration program''
and inserting ``species of greatest
conservation need''; and
(B) in subsection (d), by striking ``Wildlife
Conservation and Restoration Account'' and inserting
``Subaccount'';
(3) in section 4 (16 U.S.C. 669c)--
(A) in subsection (d)--
(i) in the heading, by striking ``Wildlife
Conservation and Restoration Account'' and
inserting ``Subaccount''; and
(ii) by striking ``Wildlife Conservation
and Restoration Account'' each place it appears
and inserting ``Subaccount''; and
(B) in subsection (e)(1), by striking ``Wildlife
Conservation and Restoration Account'' and inserting
``Subaccount''; and
(4) in section 8 (16 U.S.C. 669g), in subsection (a), by
striking ``Wildlife Conservation and Restoration Account'' and
inserting ``Subaccount''.
SEC. 103. SAVINGS CLAUSE.
The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et
seq.) is amended--
(1) by redesignating section 14 as section 16; and
(2) by inserting after section 13 the following:
``SEC. 14. SAVINGS CLAUSE.
``(a) In General.--Nothing in this Act may be construed to enlarge
or diminish the authority, jurisdiction, or responsibility of a State,
territory, or the District of Columbia to manage, control, or regulate
fish and wildlife on lands and waters within the State, territory, or
the District of Columbia including on Federal lands and waters.
``(b) No Funds Authorized for Dam Removal or Modification.-- None
of the funds made available under this Act may be used to remove a
federally owned dam or modify a federally owned dam in a manner that
reduces storage or diversion capacity.
``(c) Prohibition on Land Transfers.--The Federal Government may
not accept a transfer, donation, or exchange of land or an interest in
land from a State government, a fish and wildlife department of the
District of Columbia or a territory, or a regional association of fish
and wildlife departments if such land or interest in land was purchased
using funds apportioned under this Act.
``(d) Territory Defined.--In this section, the term `territory' has
the meaning given the term in section 3(c)(1).
``SEC. 15. STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA.
``If any conflict arises between any provision of this Act and any
provision of the Alaska National Interest Lands Conservation Act or the
Alaska Native Claims Settlement Act, then the provision in the Alaska
National Interest Lands Conservation Act or the Alaska Native Claims
Settlement Act shall prevail.''.
TITLE II--TRIBAL WILDLIFE CONSERVATION AND RESTORATION
SEC. 201. INDIAN TRIBES.
(a) Definitions.--In this section:
(1) Account.--The term ``Account'' means the Tribal
Wildlife Conservation and Restoration Account established by
subsection (b)(1).
(2) Conservation.--The term ``conservation'' has the
meaning given such term in section 2 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669a).
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Restoration.--The term ``restoration'' means the
implementation of conservation actions and practices that
reestablish or enhance environmental conditions and ecosystem
functions that benefit the diversity, resilience, health, and
productivity of plants and animals.
(5) Rewilding.--The term ``rewilding'' means a restoration
approach that prohibits human management activities and relies
only on natural processes to maintain or improve habitat.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Tribal organization.--The term ``Tribal organization''
has the meaning given such term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
(8) Tribal species of greatest conservation need.--The term
``Tribal species of greatest conservation need'' means, with
respect to an Indian Tribe, any terrestrial, aquatic, or marine
fauna or flora that such Indian Tribe determines is--
(A) of low or declining population,
(B) facing threats and in need of conservation
attention; or
(C) of cultural importance to such Indian Tribe.
(9) Wildlife.--The term ``wildlife'' means any species of--
(A) wild, free-ranging fauna, including fish; and
(B) fauna in a captive breeding program the object
of which is to reintroduce individuals of a depleted
indigenous species into previously occupied range of
such species.
(b) Tribal Wildlife Conservation and Restoration Account.--
(1) In general.--There is established in the Treasury an
account to be known as the ``Tribal Wildlife Conservation and
Restoration Account''.
(2) Availability.--Amounts in the Account shall be
available until expended, subject to future appropriations, for
each fiscal year for apportionment in accordance with this
section.
(3) Deposits into account.--There is authorized to be
appropriated to the Account $20,000,000 for each of fiscal
years 2025 through 2029.
(4) Sunset.--No funds may be appropriated to the Account
after fiscal year 2029.
(c) Distribution of Amounts to Indian Tribes and Tribal
Organizations.--Each fiscal year, the Secretary shall distribute
amounts in the Account through a noncompetitive grant program according
to guidelines, criteria, and reporting requirements determined by the
Secretary, acting through the Director of the Bureau of Indian Affairs,
in consultation with Indian Tribes and Tribal organizations.
(d) Wildlife Management Responsibilities.--
(1) In general.--The distribution guidelines and criteria
described in subsection (c) shall be based, in part, upon the
wildlife management responsibilities of an Indian Tribe.
(2) Indian tribes and tribal organizations in alaska.--
(A) In general.--Any amounts allocated to an Indian
Tribe or Tribal organization in Alaska under this
section may only be used in a manner consistent with
the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.), the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101 et seq.), and Public
Law 85-508 (commonly known as the ``Alaska Statehood
Act'') (48 U.S.C. note prec. 21).
(B) Cooperative agreements.--An Indian Tribe or
Tribal organization in Alaska may enter into a
cooperative agreement with the State of Alaska
regarding a conservation project of mutual concern.
(e) Use of Amounts.--
(1) In general.--Except as provided in paragraph (2),
amounts distributed to an Indian Tribe or Tribal organization
under subsection (c)--
(A) shall be used for purposes consistent with
section 2;
(B) shall be used to carry out, develop, or enhance
wildlife and habitat conservation and restoration
programs;
(C) shall be used to assist in the restoration of
habitat for species found in the lands and waters of
such Indian Tribe or Tribal organization that are
listed as endangered species, threatened species,
candidate species or species proposed for listing, or
species petitioned for listing under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) or under
State or Tribal law;
(D) may be used for management of animals,
including harvesting;
(E) may be used for the conservation and
restoration of habitat for Tribal species of greatest
conservation need whose range is shared with another
State, territory, Indian Tribe, or foreign government;
(F) may be used to manage, control, and prevent
invasive species, disease, and other risks to the
habitat of Tribal species of greatest conservation
need; and
(G) may be used for forest and vegetation
management activities if the primary purpose of such
activity is to modify, improve, enhance, or create
wildlife habitat or reduce the risk of damage or
destruction to wildlife habitat due to wildfires,
insects, or disease, including--
(i) planting, seeding, and harvesting,
including planting, seeding, and harvesting of
native seeds;
(ii) mechanical thinning;
(iii) prescribed burning;
(iv) chemical applications designed to
restore natural range of variation including
creating and maintaining early seral
communities; and
(v) prescribed haying and grazing
practices.
(2) Prohibited uses.--Amounts distributed to an Indian
Tribe or Tribal organization under subsection (c) may not be
used for--
(A) rewilding; or
(B) the reintroduction or management of a species
in a manner not supported by the applicable Tribal fish
and wildlife management authorities.
(f) Matching Requirement.--With respect to any grant issued under
subsection (c) that exceeds $100,000, the Federal share of total costs
of the project funded through such grant may not exceed 90 percent.
(g) Public Access Not Required.--Amounts distributed to an Indian
Tribe or Tribal organization under subsection (c) may not be
conditioned upon the provision of public or non-Tribal access to Tribal
or private lands, waters, or holdings.
(h) Administrative Costs.--Of the amounts deposited under
subsection (b)(3) for each fiscal year, not more than 3 percent may be
used by the Secretary for administrative costs.
(i) Accountability.--
(1) Tribal reports.--Not later than the last day of fiscal
year 2029, each Indian Tribe and Tribal organization that
receives funds under this section shall submit to the Director
of the Bureau of Indian Affairs a report describing, with
respect to such Indian Tribe or Tribal organization during the
preceding 5 years, the following:
(A) A summary of each activity carried out using
funding received under subsection (c), including--
(i) an accounting of the administrative
costs associated with each such activity; and
(ii) the number of acres of habitat
restored, enhanced, or conserved by each such
activity.
(B) A summary of the results and effectiveness of
each activity carried out using funding received under
subsection (c), including, if determinable--
(i) any change in the population trends of
species of greatest conservation need; and
(ii) any reduction in threats to species of
greatest conservation need.
(2) Summary report.--The Director of the Bureau of Indian
Affairs shall, not later than 180 days after each deadline for
the submission of reports under paragraph (1), submit a report
summarizing each report received by the Director under
paragraph (1) to--
(A) the Committee on Environment and Public Works
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(j) Savings Clause.--Nothing in this section may be construed as
modifying or abrogating a treaty with any Indian Tribe, or as enlarging
or diminishing the authority, jurisdiction, or responsibility of an
Indian Tribe or Tribal organization to manage, control, or regulate
wildlife.
(k) Statutory Construction With Respect to Alaska.--If any conflict
arises between any provision of this section and any provision of the
Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et
seq.) or the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), then the provision in the Alaska National Interest Lands
Conservation Act or the Alaska Native Claims Settlement Act shall
prevail.
TITLE III--CONSERVATION AND MANAGEMENT FOR WILDLIFE REFUGES
SEC. 301. DEFINITIONS.
In this title:
(1) Authorized recreation services.--The term ``authorized
recreation services'' means similar and complementary
recreation enhancement or improvement services carried out--
(A) on lands and waters administered by the United
States Fish and Wildlife Service, non-Federal land, or
lands and waters owned by or held in trust for an
Indian Tribe; and
(B) by the Secretary or a Governor, Indian Tribe,
or county, as applicable, pursuant to a good neighbor
agreement.
(2) Authorized restoration services.--The term ``authorized
restoration services'' means similar and complementary forest,
rangeland, and watershed restoration services--
(A) carried out--
(i) on lands and waters administered by the
United States Fish and Wildlife Service, non-
Federal land, or lands and waters owned by an
Indian Tribe; and
(ii) by the Secretary or a Governor, Indian
Tribe, or county, as applicable, pursuant to a
good neighbor agreement; and
(B) in the case of forest, rangeland, and watershed
restoration services carried out on lands and waters
administered by the United States Fish and Wildlife
Service, such services shall be consistent with the
purposes for which such lands were established.
(3) County.--The term ``county'' means--
(A) the appropriate executive official of an
affected county or parish; or
(B) in any case in which multiple counties or
parishes are affected, the appropriate executive
official of a compact of the affected counties or
parishes.
(4) Forest, rangeland, and watershed restoration
services.--
(A) The term ``forest, rangeland, and watershed
restoration services'' means--
(i) activities to reduce hazardous fuels;
(ii) activities to restore or improve fish,
wildlife, and their habitats;
(iii) activities to remove vegetation or
other activities to promote healthy forest
structure and composition;
(iv) activities to treat insect- or
disease-infected trees;
(v) activities to control noxious or exotic
weeds;
(vi) activities to reestablish native plant
species;
(vii) activities to maintain a road or
trail to restore or maintain water quality;
(viii) any other activities to restore or
improve forest, rangeland, and watershed
health, including fish and wildlife habitat; or
(ix) any combination of activities
described in clauses (i) through (viii).
(B) The term ``forest, rangeland, and watershed
restoration services'' does not include--
(i) construction, reconstruction, repair,
or restoration of paved roads or parking areas,
other than--
(I) activities described in
subparagraph (A)(vii); or
(II) the reconstruction, repair, or
restoration of a National Wildlife
Refuge System road or other road on
United States Fish and Wildlife Service
land that is necessary to carry out
authorized restoration services
pursuant to a good neighbor agreement;
or
(ii) construction, alteration, repair, or
replacement of public buildings or works.
(5) Good neighbor agreement.--The term ``good neighbor
agreement'' means a cooperative agreement or contract,
including a sole source contract, entered into between the
Secretary and a Governor, Indian Tribe, or county, as
applicable, to carry out authorized recreation services or
authorized restoration services.
(6) Governor.--The term ``Governor'' means the Governor or
any other appropriate executive official of an affected State,
Indian Tribe, or territory or possession of the United States.
(7) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(8) Recreation enhancement or improvement services.--The
term ``recreation enhancement or improvement services'' means--
(A) establishing, repairing, restoring, improving,
relocating, constructing, or reconstructing new or
existing--
(i) trails or trailheads;
(ii) picnic areas or other day use areas;
(iii) restroom or shower facilities;
(iv) shooting ranges;
(v) paved or permanent roads or parking
areas that serve existing recreation facilities
or areas;
(vi) fishing piers, wildlife viewing
platforms, docks, or other constructed features
at a recreation site;
(vii) boat landings;
(viii) hunting or fishing sites;
(ix) visitor centers or other
interpretative sites; or
(x) levees and drainage structures to
improve wetland habitat; and
(B) activities that create, improve, or restore
access to existing recreation facilities or areas.
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service.
SEC. 302. GOOD NEIGHBOR AUTHORITY FOR UNITED STATES FISH AND WILDLIFE
SERVICE.
(a) In General.--The Secretary may enter into a good neighbor
agreement with a Governor, Indian Tribe, or county to carry out
authorized restoration services or authorized recreation services in
accordance with this title.
(b) Restoration Activities Requiring Timber Sales.--
(1) Approval of silviculture prescriptions and marking
guides.--The Secretary shall provide or approve all
silviculture prescriptions and marking guides to be applied on
Federal land in all timber sale projects conducted under this
section.
(2) Treatment of restoration services revenue.--Funds
received from the sale of timber by a Governor, Indian Tribe,
or county under a good neighbor agreement shall be retained and
used by the Governor, Indian Tribe, or county, as applicable--
(A) to carry out authorized restoration services
under the good neighbor agreement; and
(B) if there are funds remaining after carrying out
subparagraph (A), to carry out authorized restoration
services or authorized recreation services under other
good neighbor agreements.
(3) Termination of authority.--The authority provided under
paragraph (2) shall terminate on October 1, 2032.
(c) Recreation Services Fees.--Nothing in this title may be
construed to allow a Governor, Indian Tribe, or county to charge
entrance, standard amenity, or expanded amenity fees on National
Wildlife Refuge System lands and waters as described in section 803 of
the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802).
(d) Retention of National Environmental Protection Act of 1969
Responsibilities.--Any decision required to be made under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect
to any authorized restoration services or authorized recreation
services carried out under this section on lands and waters
administered by the United States Fish and Wildlife Service may not be
delegated to a Governor, Indian Tribe, or county.
(e) Public Availability.--The Secretary shall make each good
neighbor agreement available to the public.
(f) Exclusions.--The authority provided by this section does not
apply to--
(1) a component of the National Wilderness Preservation
System;
(2) Federal land on which the removal of vegetation is
prohibited or restricted by an Act of Congress or a
Presidential proclamation (including the applicable
implementation plan); or
(3) a wilderness study area.
SEC. 303. STEWARDSHIP END RESULT CONTRACTING PROJECTS.
(a) In General.--The Secretary, through an agreement or contract,
as appropriate, may enter into stewardship contracting projects with a
private person or other public or private entity to perform forest,
rangeland, and watershed restoration services on lands and waters
administered by the United States Fish and Wildlife Service that meet
local and rural community needs.
(b) Agreements or Contracts.--
(1) Procurement procedure.--A source for performance or an
agreement or contract entered into under subsection (a) shall
be selected on a best-value basis, including consideration of
source under other public and private agreements or contracts.
(2) Contract for sale of timber or forest products.--A
contract entered into under this section may, at the discretion
of the Secretary, be considered a contract for the sale of
timber or forest products under such terms as the Secretary may
prescribe without regard to any other provision of law.
(3) Term.--The Secretary may enter into an agreement or
contract under subsection (a) for an initial period of not more
than 20 years.
(4) Offsets.--
(A) In general.--The Secretary may apply the value
of timber or forest products removed as an offset
against the cost of forest, rangeland, and watershed
restoration services received pursuant to an agreement
or contract under this section.
(B) Value of offset.--The value of timber or other
forest products used as an offset--
(i) shall be determined using appropriate
methods of appraisal commensurate with the
quantity of products to be removed; and
(ii) may--
(I) be determined using a unit of
measure appropriate to the contracts;
and
(II) may include valuing products
on a per-acre basis.
(C) Contracting officer.--Notwithstanding any other
provision of law, the Secretary may determine the
appropriate contracting officer to enter into and
administer an agreement or contract under this section.
(c) Receipts.--
(1) In general.--The Secretary may collect monies from an
agreement or contract under this section if the collection is a
secondary objective of negotiating the contract that will best
achieve the purpose of this section.
(2) Disposition and availability of moneys.--Monies from an
agreement or contract under this section shall remain available
until expended for forest, rangeland, and watershed restoration
services at the project site from which the monies are
collected, or at another project site.
(d) Relation to Other Laws.--Notwithstanding any other provision of
law, the value of services received by the Secretary under a
stewardship contract project conducted under this section, and any
payments made or resources provided by the contractor or Secretary,
shall not be considered monies received from United States Fish and
Wildlife Service lands.
(e) Costs of Removal.--Notwithstanding the fact that a contractor
did not harvest the timber or forest product, the Secretary may collect
deposits from a contractor covering the costs of removal of timber or
other forest products.
(f) Performance and Payment Guarantees.--
(1) In general.--The Secretary may require performance and
payment bonds under sections 28.103-2 and 28.103-3 of the
Federal Acquisition Regulation, in an amount that the
contracting officer considers sufficient to protect the
investment in receipts by the Federal Government generated by
the contractor from the estimated value of the forest products
to be removed under a contract under this section.
(2) Excess offset value.--If the offset value of the timber
or forest products exceeds the value of the resource
improvement treatments, the Secretary may--
(A) use the excess to satisfy any outstanding
liabilities from cancelled agreements or contracts; or
(B) if there are no outstanding liabilities
described in subparagraph (A), apply the excess to
other authorized stewardship projects.
(g) Cancellation Ceilings.--Notwithstanding section 3903(b)(1) of
title 41, United States Code, the Secretary may obligate funds in
stages that are economically or programmatically viable to cover any
potential cancellation or termination costs for an agreement or
contract under this section.
(h) Monitoring and Evaluation.--
(1) In general.--The Secretary shall establish a monitoring
and evaluation process that accesses the stewardship
contracting projects conducted under this section.
(2) Participants.--Other than the Secretary, participants
in the process described in this paragraph may include--
(A) any cooperating governmental agencies,
including Tribal governments; and
(B) other interested groups or individuals.
SEC. 304. TECHNICAL AMENDMENTS.
(a) Good Neighbor Authority.--Section 8206 of the Agricultural Act
of 2014 (16 U.S.C. 2113a) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B), by inserting ``, Indian
tribe,'' after ``Governor'';
(B) in paragraph (3)(A)--
(i) in clause (i), by striking ``or'' at
the end;
(ii) in clause (iii), by striking ``; or''
at the end and inserting a period; and
(iii) by striking clause (iv).
(C) in paragraph (4)(B)(i), by striking ``National
Park Service, or National Wildlife Refuge'' and
inserting ``or National Park Service'';
(D) in paragraph (5), by inserting ``, Indian
tribe,'' after ``Governor''; and
(E) in paragraph (6), by striking ``or Indian
tribe''; and
(2) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``, Indian
tribe,'' after ``Governor'';
(B) in paragraph (2)(C)--
(i) by amending clause (i) to read as
follows:
``(i) In general.--Funds received from the
sale of timber by a Governor, Indian tribe, or
county under a good neighbor agreement shall be
retained and used by the Governor, Indian
tribe, or county, as applicable--
``(I) to carry out authorized
restoration services under the good
neighbor agreement; and
``(II) if there are funds remaining
after carrying out subclause (I), to
carry out authorized restoration
services under other good neighbor
agreements.''; and
(ii) in clause (ii), by striking ``2024''
and inserting ``2029'';
(C) in paragraph (3), by inserting ``, Indian
tribe,'' after ``Governor''; and
(D) by striking paragraph (4).
(b) Applicability.--The amendments made by this title apply to any
project initiated pursuant to a good neighbor agreement (as defined in
8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a))--
(1) before the date of the enactment of this Act, if the
project was initiated after the date of the enactment of the
Agriculture Improvement Act of 2018 (Public Law 115-334); or
(2) on or after the date of the enactment of this Act.
TITLE IV--INCENTIVIZING WILDLIFE CONSERVATION ON PRIVATE LANDS
SECTION 401. CANDIDATE CONSERVATION AGREEMENTS WITH ASSURANCES.
(a) Listing Determinations.--Section 4(b)(1) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(b)(1)) is amended by adding at the
end the following:
``(C) Candidate conservation agreements with
assurances.--In making a determination under subsection
(a)(1) with respect to a species, the Secretary shall
take into account and document the effect of any net
conservation benefit (as that term is defined in
section 10(k)) of any Candidate Conservation Agreement
with Assurances or any programmatic Candidate
Conservation Agreement with Assurances (as those terms
are defined in that subsection) relating to such
species.''.
(b) Candidate Conservation Agreements With Assurances.--Section 10
of the Endangered Species Act of 1973 (16 U.S.C. 1539) is amended by
adding at the end the following:
``(k) Candidate Conservation Agreements With Assurances.--
``(1) Proposed agreement.--A covered party may submit a
proposed Agreement to the Secretary.
``(2) Approval.--Not later than 120 days after the date of
the receipt of a proposed Agreement under paragraph (1), the
Secretary shall approve the proposed Agreement if the Secretary
determines that the proposed Agreement--
``(A) sets forth specific management activities
that the covered party will undertake to conserve the
covered species;
``(B) provides a positive estimate of the net
conservation benefit of such management activities to
the covered species;
``(C) describes, to the maximum extent practicable,
the existing population levels of the covered species
or the existing quality of habitat;
``(D) includes a monitoring plan to be carried out
by the parties to the Agreement; and
``(E) provides assurances to the covered party that
no additional conservation measures will be required
and additional land, water, or resource use
restrictions will not be imposed on the covered party
if the covered species becomes listed after the
effective date of such Agreement.
``(3) Denial.--Not later than 120 days after the date of
the receipt of a proposed Agreement under paragraph (1), the
Secretary shall--
``(A) deny the proposed Agreement if the Secretary
determines that the proposed Agreement does not meet
the requirements described in paragraph (2); and
``(B) provide the submitting covered party a
written explanation for such determination and the
adjustments required for the Secretary to approve such
proposed Agreement.
``(4) Programmatic candidate conservation agreement with
assurances.--
``(A) In general.--The Secretary may enter into a
Candidate Conservation Agreement with Assurances with a
covered party that authorizes such covered party--
``(i) to administer such Candidate
Conservation Agreement with Assurances;
``(ii) to hold any permit issued under this
section with regard to such Candidate
Conservation Agreement with Assurances;
``(iii) to enroll other covered parties
within the area covered by such Candidate
Conservation Agreement with Assurances in such
Candidate Conservation Agreement with
Assurances; and
``(iv) to convey any permit authorization
held by such covered party under clause (ii) to
each covered party enrolled under clause (iii).
``(B) Publication.--Upon receipt of a proposed
programmatic Candidate Conservation Agreement with
Assurances under paragraph (1) and before approving or
denying such a proposed programmatic Candidate
Conservation Agreement with Assurances under paragraph
(2) or (3), respectively, the Secretary shall--
``(i) not later than 30 days after the date
of such receipt, publish the proposed
programmatic Candidate Conservation Agreement
with Assurances in the Federal Register for
public comment for a period of not less than 60
days;
``(ii) review any comments received under
clause (i); and
``(iii) after the close of the public
comment period for the proposed programmatic
Candidate Conservation Agreement with
Assurances, publish in the Federal Register--
``(I) any comments received under
clause (i); and
``(II) the approval or denial of
the proposed programmatic Candidate
Conservation Agreement with Assurances
under paragraph (2) or (3),
respectively.
``(5) Incidental take authorization.--If a covered species
is listed under section 4, the Secretary shall issue a permit
to the relevant covered party under this section allowing
incidental take of and modification to the habitat of such
covered species consistent with the Agreement.
``(6) Technical assistance.--The Secretary shall, upon
request, provide a covered party with technical assistance in
developing a proposed Agreement.
``(7) Applicability to federal land.--An Agreement may
apply to a covered party that conducts activities on land
administered by any Federal agency pursuant to a permit or
lease issued to the covered party by that Federal agency.
``(8) Exemption from consultation requirement.--An
Agreement approved under this subsection shall be deemed to
have been granted an exemption under section 7(h) for the
purposes of that section.
``(9) Exemption from disclosure.--Information submitted by
a private party to the Secretary under this subsection shall be
exempt from disclosure under section 552(b)(3)(B) of title 5,
United States Code.
``(10) Definitions.--In this subsection:
``(A) Agreement.--The term `Agreement' means--
``(i) a Candidate Conservation Agreement
with Assurances; or
``(ii) a programmatic Candidate
Conservation Agreement with Assurances.
``(B) Candidate conservation agreement with
assurances.--The term `Candidate Conservation Agreement
with Assurances' means any voluntary agreement,
including a conservation benefit agreement, between the
Secretary and a covered party in which--
``(i) the covered party commits to
implementing mutually agreed upon conservation
measures for a candidate species; and
``(ii) the Secretary provides assurances
that, if such candidate species is listed
pursuant to section 4--
``(I) the covered party shall incur
no additional obligations beyond
actions agreed to in the agreement with
respect to conservation activities
required under this Act; and
``(II) no additional land, water,
or resource use restrictions shall be
imposed on the covered party beyond
those included in the agreement.
``(C) Candidate species.--The term `candidate
species' means a species--
``(i) designated by the Secretary as a
candidate species under this Act; or
``(ii) proposed to be listed pursuant to
section 4.
``(D) Covered party.--The term `covered party'
means a--
``(i) party that conducts activities on
land administered by a Federal agency pursuant
to a permit or lease issued to the party;
``(ii) private property owner;
``(iii) county;
``(iv) State or State agency; or
``(v) Tribal government.
``(E) Covered species.--The term `covered species'
means, with respect to an Agreement, the species that
is the subject of such Agreement.
``(F) Net conservation benefit.--The term `net
conservation benefit' means the net effect of an
Agreement, determined by comparing the existing
situation of the candidate species without the
Agreement in effect and a situation in which the
Agreement is in effect, on a candidate species,
including--
``(i) the net effect on threats to such
species;
``(ii) the net effect on the number of
individuals of such species; or
``(iii) the net effect on the habitat of
such species.
``(G) Programmatic candidate conservation agreement
with assurances.--The term `programmatic Candidate
Conservation Agreement with Assurances' means a
Candidate Conservation Agreement with Assurances
described in paragraph (4)(A).''.
SEC. 402. DESIGNATION OF CRITICAL HABITAT.
Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C.
1533(a)(3)) is amended by adding at the end the following:
``(C) Privately owned or controlled land.--The
Secretary may not designate as critical habitat under
subparagraph (A) any privately owned or controlled land
or other geographical area that is subject to a land
management plan that--
``(i) the Secretary determines is similar
in nature to an integrated natural resources
management plan described in section 101 of the
Sikes Act (16 U.S.C. 670a);
``(ii)(I) is prepared in cooperation with
the Secretary and the head of each applicable
State fish and wildlife agency of each State in
which such land or other geographical area is
located; or
``(II) is submitted to the
Secretary in a manner that is similar
to the manner in which an applicant
submits a conservation plan to the
Secretary under section 10(a)(2)(A);
``(iii) includes an activity or a
limitation on an activity that the Secretary
determines will likely conserve the species
concerned;
``(iv) the Secretary determines will result
in--
``(I) an increase in the population
of the species concerned above the
population of such species on the date
that such species is listed as
threatened or endangered; or
``(II) maintaining the same
population of such species on the land
or other geographical area as the
population that would likely occur if
such land or other geographical area is
designated as critical habitat; and
``(v) to the maximum extent practicable,
will minimize and mitigate the impacts of any
activity that will likely result in an
incidental taking of the species concerned.''.
SEC. 403. AVAILABILITY OF CERTAIN INFORMATION.
(a) In General.--Except as provided in subsection (b), information
regarding the occurrence of, including the specific location of, a
species of fish or wildlife or plant may not be made available to the
public under section 552 of title 5, United States Code.
(b) Exception.--
(1) Voluntary public disclosure of occurrences on federal
land.--The Secretary may make publicly available information
described in subsection (a) with respect to Federal land.
(2) Sharing information with particular entities.--
(A) In general.--The Secretary may make available,
to an entity listed in subparagraph (B), information
described in subsection (a) upon receipt--
(i) of a written request submitted by that
entity; and
(ii) written permission from each owner or
manager of the land or water within which the
species of fish or wildlife or plant occurs.
(B) Entities.--An entity referred to in clause (i)
is--
(i) a Federal agency;
(ii) a State governmental agency;
(iii) an Indian Tribe (as such term is
defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 5304));
(iv) a bona fide educational or research
institution; or
(v) a landowner or land manager of
privately owned land.
(C) Requirements.--A written request submitted
under subparagraph (A) by an entity listed in
subparagraph (B) shall--
(i) describe the specific site or area for
which information described in subsection (a)
is sought;
(ii) explain the purpose for which such
information is sought; and
(iii) describe the manner and degree to
which the entity is able to maintain the
confidentiality of such information.
TITLE V--FOREST INFORMATION REFORM
SEC. 501. NO ADDITIONAL CONSULTATION REQUIRED.
(a) Forest Service Plans.--Section 6(d)(2) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1604(d)(2)) is amended to read as follows:
``(2) No additional consultation required under certain
circumstances.--Notwithstanding any other provision of law, the
Secretary shall not be required to reinitiate consultation
under section 7(a)(2) of the Endangered Species Act of 1973 (16
U.S.C. 1536(a)(2)) or section 402.16 of title 50, Code of
Federal Regulations (or a successor regulation), on a land
management plan approved, amended, or revised under this
section when--
``(A) a new species is listed or critical habitat
is designated under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.); or
``(B) new information reveals effects of the land
management plan that may affect a species listed or
critical habitat designated under that Act in a manner
or to an extent not previously considered.''.
(b) Bureau of Land Management Plans.--Section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712) is amended by
adding at the end the following:
``(g) No Additional Consultation Required Under Certain
Circumstances.--Notwithstanding any other provision of law, the
Secretary shall not be required to reinitiate consultation under
section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C.
1536(a)(2)) or section 402.16 of title 50, Code of Federal Regulations
(or a successor regulation), on a land use plan approved, amended, or
revised under this section when--
``(1) a new species is listed or critical habitat is
designated under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); or
``(2) new information reveals effects of the land use plan
that may affect a species listed or critical habitat designated
under that Act in a manner or to an extent not previously
considered.''.
TITLE VI--PROVIDING FOR GREATER INCENTIVES TO RECOVER LISTED SPECIES
SEC. 601. PROTECTIVE REGULATIONS UNDER ENDANGERED SPECIES ACT OF 1973.
(a) Amendment to Definition.--Section 3(3) of the Endangered
Species Act of 1973 (16 U.S.C. 1532(3)) is amended by striking ``and
transplantation, and, in the extraordinary case where population
pressures within a given ecosystem cannot be otherwise relieved, may
include'' and inserting ``transplantation, and, at the discretion of
the Secretary,''.
(b) Protective Regulations.--Section 4 of the Endangered Species
Act of 1973 (16 U.S.C. 1533) is amended--
(1)
``(d) Protective Regulations.--
``(1) In general.--Whenever any species is listed as a
threatened species pursuant to subsection (c), the Secretary
shall issue such regulations as are necessary and advisable to
provide for the conservation of that species.
``(2) Recovery goals.--If the Secretary issues a regulation
under paragraph (1) that prohibits an act described in section
9(a), the Secretary shall, with respect to the species that is
the subject of such regulation--
``(A) establish objective, incremental recovery
goals;
``(B) provide for the stringency of such regulation
to decrease as such recovery goals are met; and
``(C) provide for State management within such
State, if such State is willing to take on such
management, beginning on the date on which the
Secretary determines all such recovery goals are met
and, if such recovery goals remain met, continuing
until such species is removed from the list of
threatened species published pursuant to subsection
(c).
``(3) Cooperative agreement.--A regulation issued under
paragraph (1) that prohibits an act described in section
9(a)(1) with respect to a resident species shall apply with
respect to a State that has entered into a cooperative
agreement with the Secretary pursuant to section 6(c) only to
the extent that such regulation is adopted by such State.
``(4) State recovery strategy.--
``(A) In general.--A State may develop a recovery
strategy for a threatened species or a candidate
species and submit to the Secretary a petition for the
Secretary to use such recovery strategy as the basis
for any regulation issued under paragraph (1) with
respect to such species within such State.
``(B) Approval or denial of petition.--Not later
than 120 days after the date on which the Secretary
receives a petition submitted under subparagraph (A),
the Secretary shall--
``(i) approve such petition if the recovery
strategy is reasonably certain to be
implemented by the petitioning State and to be
effective in conserving the species that is the
subject of such recovery strategy; or
``(ii) deny such petition if the
requirements described in clause (i) are not
met.
``(C) Publication.--Not later than 30 days after
the date on which the Secretary approves or denies a
petition under subparagraph (B), the Secretary shall
publish such approval or denial in the Federal
Register.
``(D) Denial of petition.--
``(i) Written explanation.--If the
Secretary denies a petition under subparagraph
(B), the Secretary shall include in such denial
a written explanation for such denial,
including a description of the changes to such
petition that are necessary for the Secretary
to approve such petition.
``(ii) Resubmission of denied petition.--A
State may resubmit a petition that is denied
under subparagraph (B).
``(E) Use in protective regulations.--If the
Secretary approves a petition under subparagraph (B),
the Secretary shall--
``(i) issue a regulation under paragraph
(1) that adopts the recovery strategy as such
regulation with respect to the species that is
the subject of such recovery strategy within
the petitioning State; and
``(ii) establish objective criteria to
evaluate the effectiveness of such recovery
strategy in conserving such species within such
State.
``(F) Revision.--If a recovery strategy that is
adopted as a regulation issued under paragraph (1) is
determined by the Secretary to be ineffective in
conserving the species that is the subject of such
recovery strategy in accordance with the objective
criteria established under subparagraph (E)(ii) for
such recovery strategy, the Secretary shall revise such
regulation and reissue such regulation in accordance
with paragraph (1).''; and
(2) in subsection (f)(1)(B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iv) with respect to an endangered species,
objective, incremental recovery goals in accordance
with subsection (d)(2)(A) for use under that subsection
if such endangered species is changed in status from an
endangered species to a threatened species under
subsection (c)(2)(B)(ii).''.
TITLE VII--RESCISSIONS AND REPEALS
SEC. 701. RESCISSION OF FUNDS.
(a) In General.--Any unobligated covered funds are hereby
rescinded.
(b) Covered Funds Defined.--In this section, the term ``covered
funds'' means--
(1) any funds appropriated or otherwise made available by
sections 40002, 50224, 50232, 60401, and 60402 of Public Law
117-169 (commonly known as the ``Inflation Reduction Act'');
and
(2) $700,000,000 of the $2,600,000,000 appropriated to the
National Oceanic and Atmospheric Administration in section
40001 of Public Law 117-169 (commonly known as the ``Inflation
Reduction Act'').
SEC. 702. REPEAL OF CERTAIN PROGRAMS.
The following sections of division AA of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) are repealed (and by
conforming the items in the table of contents accordingly):
(1) Section 507 (16 U.S.C. 4701 note).
(2) Section 508 (16 U.S.C. 742b note).
(3) Section 510 (16 U.S.C. 742b note).
Union Calendar No. 754
118th CONGRESS
2d Session
H. R. 7408
[Report No. 118-922, Part I]
_______________________________________________________________________
A BILL
To amend the Pittman-Robertson Wildlife Restoration Act to make
supplemental funds available for management of fish and wildlife
species of greatest conservation need as determined by State fish and
wildlife agencies, and for other purposes.
_______________________________________________________________________
December 18, 2024
Reported from the Committee on Natural Resources with an amendment
December 18, 2024
Committee on Agriculture discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed