[116th Congress Public Law 188]
[From the U.S. Government Publishing Office]
[[Page 134 STAT. 905]]
Public Law 116-188
116th Congress
An Act
To improve protections for wildlife, and for other
purposes. <<NOTE: Oct. 30, 2020 - [S. 3051]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: America's
Conservation Enhancement Act.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 16 USC 8201 note.>> Short Title.--This Act may be cited
as the ``America's Conservation Enhancement Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION
Sec. 101. Theodore Roosevelt Genius Prize for reducing human-predator
conflict.
Sec. 102. Losses of livestock due to depredation by federally protected
species.
Sec. 103. Depredation permits for black vultures and common ravens.
Sec. 104. Chronic Wasting Disease Task Force.
Sec. 105. Invasive species.
Sec. 106. North American Wetlands Conservation Act.
Sec. 107. National Fish and Wildlife Foundation Establishment Act.
Sec. 108. Modification of definition of sport fishing equipment under
Toxic Substances Control Act.
Sec. 109. Reauthorization of Chesapeake Bay Program.
Sec. 110. Reauthorization of Chesapeake Bay Initiative Act of 1998.
Sec. 111. Chesapeake watershed investments for landscape defense.
TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS
Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. National Fish Habitat Board.
Sec. 204. Fish Habitat Partnerships.
Sec. 205. Fish Habitat Conservation Projects.
Sec. 206. Technical and scientific assistance.
Sec. 207. Coordination with States and Indian Tribes.
Sec. 208. Interagency Operational Plan.
Sec. 209. Accountability and reporting.
Sec. 210. Effect of this title.
Sec. 211. Nonapplicability of Federal Advisory Committee Act.
Sec. 212. Funding.
Sec. 213. Prohibition against implementation of regulatory authority by
Federal agencies through Partnerships.
TITLE III--MISCELLANEOUS
Sec. 301. Study to review conservation factors.
Sec. 302. Study and report on expenditures.
Sec. 303. Use of value of land for cost sharing.
[[Page 134 STAT. 906]]
TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION
SEC. 101. THEODORE ROOSEVELT GENIUS PRIZE FOR REDUCING HUMAN-
PREDATOR CONFLICT.
(a) In General.--Section 7001(d) of the John D. Dingell, Jr.
Conservation, Management, and Recreation Act (16 U.S.C. 742b note;
Public Law 116-9) is amended--
(1) by striking ``paragraph (7)(A)'' each place such term
appears and inserting ``paragraph (8)(A)'';
(2) by striking ``paragraph (7)(B)'' each place such term
appears and inserting ``paragraph (8)(B)'';
(3) in paragraph (6)(C)(iv), by striking ``subparagraph
(C)'' and inserting ``clause (iii)'';
(4) by redesignating paragraph (7) as paragraph (8);
(5) by inserting after paragraph (6) the following:
``(7) Theodore roosevelt genius prize for reducing human-
predator conflict.--
``(A) Definitions.--In this paragraph:
``(i) Board.--The term `Board' means the
Reducing Human-Predator Conflict Technology
Advisory Board established by subparagraph (C)(i).
``(ii) Prize competition.--The term `prize
competition' means the Theodore Roosevelt Genius
Prize for reducing human-predator conflict
established under subparagraph (B).
``(B) <<NOTE: Deadline.>> Authority.--Not later
than 180 days after the date of enactment of the
America's Conservation Enhancement Act, the Secretary
shall establish under section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719) a
prize competition, to be known as the `Theodore
Roosevelt Genius Prize for reducing human-predator
conflict'--
``(i) to encourage technological innovation
with the potential to advance the mission of the
United States Fish and Wildlife Service with
respect to reducing the frequency of human-
predator conflict using nonlethal means; and
``(ii) to award 1 or more prizes annually for
a technological advancement that promotes reducing
human-predator conflict using nonlethal means,
which may include the application and monitoring
of tagging technologies.
``(C) Advisory board.--
``(i) Establishment.--There is established an
advisory board, to be known as the `Reducing
Human-Predator Conflict Technology Advisory
Board'.
``(ii) <<NOTE: Appointments.>> Composition.--
The Board shall be composed of not fewer than 9
members appointed by the Secretary, who shall
provide expertise in--
``(I) predator-human interactions;
``(II) the habitats of large
predators;
``(III) biology;
``(IV) technology development;
``(V) engineering;
``(VI) economics;
[[Page 134 STAT. 907]]
``(VII) business development and
management; and
``(VIII) any other discipline, as
the Secretary determines to be necessary
to achieve the purposes of this
paragraph.
``(iii) Duties.--Subject to clause (iv), with
respect to the prize competition, the Board
shall--
``(I) select a topic;
``(II) issue a problem statement;
``(III) advise the Secretary
regarding any opportunity for
technological innovation to reduce
human-predator conflict using nonlethal
means; and
``(IV) advise winners of the prize
competition regarding opportunities to
pilot and implement winning technologies
in relevant fields, including in
partnership with conservation
organizations, Federal or State
agencies, federally recognized Indian
Tribes, private entities, and research
institutions with expertise or interest
relating to reducing human-predator
conflict using nonlethal means.
``(iv) Consultation.--In selecting a topic and
issuing a problem statement for the prize
competition under subclauses (I) and (II) of
clause (iii), respectively, the Board shall
consult widely with Federal and non-Federal
stakeholders, including--
``(I) 1 or more Federal agencies
with jurisdiction over the management of
native wildlife species at risk due to
conflict with human activities;
``(II) 1 or more State agencies with
jurisdiction over the management of
native wildlife species at risk due to
conflict with human activities;
``(III) 1 or more State, regional,
or local wildlife organizations, the
mission of which relates to the
management of native wildlife species at
risk due to conflict with human
activities; and
``(IV) 1 or more wildlife
conservation groups, technology
companies, research institutions,
institutions of higher education,
industry associations, or individual
stakeholders with an interest in the
management of native wildlife species at
risk due to conflict with human
activities.
``(v) <<NOTE: Compliance.>> Requirements.--
The Board shall comply with all requirements under
paragraph (8)(A).
``(D) Agreement with national fish and wildlife
foundation.--
``(i) In general.--The Secretary shall offer
to enter into an agreement under which the
National Fish and Wildlife Foundation shall
administer the prize competition.
``(ii) <<NOTE: Compliance.>> Requirements.--
An agreement entered into under clause (i) shall
comply with all requirements under paragraph
(8)(B).
``(E) Judges.--
``(i) Appointment.--The Secretary shall
appoint not fewer than 3 judges who shall, except
as provided
[[Page 134 STAT. 908]]
in clause (ii), select the 1 or more annual
winners of the prize competition.
``(ii) Determination by secretary.--The judges
appointed under clause (i) shall not select any
annual winner of the prize competition if the
Secretary makes a determination that, in any
fiscal year, none of the technological
advancements entered into the prize competition
merits an award.
``(F) Consultation with national oceanic and
atmospheric administration.--The Secretary shall consult
with the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration, in the case of a cash prize awarded
under the prize competition for a technology that
addresses conflict between humans and marine predators
under the jurisdiction of the Secretary of Commerce,
acting through the Administrator of the National Oceanic
and Atmospheric Administration.
``(G) Report to congress.--Not later than 60 days
after the date on which a cash prize is awarded under
this paragraph, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate
and the Committee on Natural Resources of the House of
Representatives a report on the prize competition that
includes--
``(i) a statement by the Board that describes
the activities carried out by the Board relating
to the duties described in subparagraph (C)(iii);
``(ii) if the Secretary has entered into an
agreement under subparagraph (D)(i), a statement
by the National Fish and Wildlife Foundation that
describes the activities carried out by the
National Fish and Wildlife Foundation relating to
the duties described in paragraph (8)(B); and
``(iii) a statement by 1 or more of the judges
appointed under subparagraph (E) that explains the
basis on which the winner of the cash prize was
selected.
``(H) Termination of authority.--The Board and all
authority provided under this paragraph shall terminate
on December 31, 2023.''; and
(6) in paragraph (8) (as redesignated)--
(A) in subparagraph (A), by striking ``or
(6)(C)(i)'' and inserting ``(6)(C)(i), or (7)(C)(i)'';
and
(B) in subparagraph (B)--
(i) by striking ``or (6)(D)(i)'' and inserting
``(6)(D)(i), or (7)(D)(i)''; and
(ii) in clause (i)(VII), by striking ``and
(6)(E)'' and inserting ``(6)(E), and (7)(E)''.
(b) Sense of Congress.--It is the sense of Congress that data
collected from the tagging of predators can inform innovative management
of those predators and innovative education activities to minimize
human-predator conflict.
SEC. 102. <<NOTE: 7 USC 8355.>> LOSSES OF LIVESTOCK DUE TO
DEPREDATION BY FEDERALLY PROTECTED
SPECIES.
(a) Definitions.--In this section:
[[Page 134 STAT. 909]]
(1) Depredation.--
(A) In general.--The term ``depredation'' means
actual death, injury, or destruction of livestock that
is caused by a federally protected species.
(B) Exclusions.--The term ``depredation'' does not
include damage to real or personal property other than
livestock, including--
(i) damage to--
(I) other animals;
(II) vegetation;
(III) motor vehicles; or
(IV) structures;
(ii) diseases;
(iii) lost profits; or
(iv) consequential damages.
(2) Federally protected species.--The term ``federally
protected species'' means a species that is or previously was
protected under--
(A) the Act of June 8, 1940 (commonly known as the
``Bald and Golden Eagle Protection Act'') (54 Stat. 250,
chapter 278; 16 U.S.C. 668 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); or
(C) the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.).
(3) Indian tribe.--The term ``Indian Tribe'' has the meaning
given to the term ``Indian tribe'' in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
(4) Livestock.--
(A) In general.--The term ``livestock'' means
horses, mules and asses, rabbits, llamas, cattle, bison,
swine, sheep, goats, poultry, bees, honey and beehives,
or any other animal generally used for food or in the
production of food or fiber.
(B) Inclusion.--The term ``livestock'' includes
guard animals actively engaged in the protection of
livestock described in subparagraph (A).
(5) Program.--The term ``program'' means the grant program
established under subsection (b)(1).
(6) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife
Service; and
(B) the Secretary of Agriculture, acting through the
Administrator of the Animal and Plant Health Inspection
Service.
(b) <<NOTE: State and local governments. Native Americans.>> Grant
Program for Losses of Livestock Due to Depredation by Federally
Protected Species.--
(1) In general.--The Secretaries shall establish a program
to provide grants to States and Indian Tribes to supplement
amounts provided by States, Indian Tribes, or State agencies
under 1 or more programs established by the States and Indian
Tribes (including programs established after the date of
enactment of this Act)--
(A) to assist livestock producers in carrying out--
[[Page 134 STAT. 910]]
(i) proactive and nonlethal activities to
reduce the risk of livestock loss due to
depredation by federally protected species
occurring on--
(I) Federal, State, or private land
within the applicable State; or
(II) land owned by, or held in trust
for the benefit of, the applicable
Indian Tribe; and
(ii) research relating to the activities
described in clause (i); and
(B) to compensate livestock producers for livestock
losses due to depredation by federally protected species
occurring on--
(i) Federal, State, or private land within the
applicable State; or
(ii) land owned by, or held in trust for the
benefit of, the applicable Indian Tribe.
(2) <<NOTE: Time period.>> Allocation of funding.--
(A) Reports to the secretaries.--Not later than
September 30 of each year, a State or Indian Tribe
desiring to receive a grant under the program shall
submit to the Secretaries a report describing, for the
1-year period ending on that September 30, the losses of
livestock due to depredation by federally protected
species occurring on--
(i) Federal, State, or private land within the
applicable State; or
(ii) land owned by, or held in trust for the
benefit of, the applicable Indian Tribe.
(B) Allocation.--The Secretaries shall allocate
available funding to carry out this Act among States and
Indian Tribes for a 1-year period ending on September 30
based on the losses described in the reports submitted
for the previous 1-year period ending on September 30
under subparagraph (A).
(3) Eligibility.--To be eligible to receive a grant under
paragraph (1), a State or Indian Tribe shall--
(A) designate an appropriate agency of the State or
Indian Tribe to administer the 1 or more programs
supplemented by the grant funds;
(B) establish 1 or more accounts to receive grant
funds;
(C) maintain files of all claims received and paid
under grant-funded programs, including supporting
documentation; and
(D) <<NOTE: Reports.>> submit to the Secretaries--
(i) annual reports that include--
(I) <<NOTE: Summary.>> a summary of
claims and expenditures under the
program during the year; and
(II) a description of any action
taken on the claims; and
(ii) such other reports as the Secretaries may
require to assist the Secretaries in determining
the effectiveness of assisted activities under
this section.
(c) Sense of Congress.--It is the sense of Congress that--
(1) no State or Indian Tribe is required to participate in
the program; and
(2) the program supplements, and does not replace or
supplant, any State compensation programs for depredation.
[[Page 134 STAT. 911]]
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 2021 through 2025, of which--
(1) $5,000,000 shall be used to provide grants for the
purposes described in subsection (b)(1)(A); and
(2) $10,000,000 shall be used to provide grants for the
purpose described in subsection (b)(1)(B).
SEC. 103. <<NOTE: 7 USC 8356.>> DEPREDATION PERMITS FOR BLACK
VULTURES AND COMMON RAVENS.
(a) In General.--The Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service (referred to in
this section as the ``Secretary''), may issue depredation permits to
livestock producers authorizing takings of black vultures or common
ravens otherwise prohibited by Federal law to prevent those vultures or
common ravens from taking livestock during the calving season or lambing
season.
(b) Limited to Affected States or Regions.--The Secretary may issue
permits under subsection (a) only to livestock producers in States and
regions in which livestock producers are affected or have been affected
in the previous year by black vultures or common ravens, as determined
by Secretary.
(c) Reporting.--The Secretary shall require, as a condition of a
permit under subsection (a), that the permit holder shall report to the
appropriate enforcement agencies the takings of black vultures or common
ravens pursuant to the permit.
SEC. 104. <<NOTE: 16 USC 667h.>> CHRONIC WASTING DISEASE TASK
FORCE.
(a) Definitions.--In this section:
(1) Cervid.--The term ``cervid'' means any species within
the family Cervidae.
(2) Chronic wasting disease.--The term ``chronic wasting
disease'' means the animal disease afflicting deer, elk, and
moose populations that--
(A) is a transmissible disease of the nervous system
resulting in distinctive lesions in the brain; and
(B) belongs to the group of diseases known as
transmissible spongiform encephalopathies, which group
includes scrapie, bovine spongiform encephalopathy, and
Creutzfeldt-Jakob disease.
(3) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture, acting through the Administrator of
the Animal and Plant Health Inspection Service, and the
Secretary of the Interior, acting through the Director of the
United States Geological Survey and the Director of the United
States Fish and Wildlife Service, acting jointly.
(b) Establishment.--
(1) In general.--The Secretaries shall establish within the
United States Fish and Wildlife Service a task force, to be
known as the ``Chronic Wasting Disease Task Force'' (referred to
in this subsection as the ``Task Force'') after the completion
of the study required by subsection (c).
(2) <<NOTE: Coordination. Recommenda- tions.>> Duties.--The
Task Force shall--
(A) collaborate with foreign governments to share
research, coordinate efforts, and discuss best
management practices to reduce, minimize, prevent, or
eliminate chronic wasting disease in the United States;
[[Page 134 STAT. 912]]
(B) develop recommendations, including
recommendations based on findings of the study conducted
under subsection (c), and a set of best practices
regarding--
(i) the interstate coordination of practices
to prevent the new introduction of chronic wasting
disease;
(ii) the prioritization and coordination of
the future study of chronic wasting disease, based
on evolving research needs;
(iii) ways to leverage the collective
resources of Federal, State, and local agencies,
Indian Tribes, and foreign governments, and
resources from private, nongovernmental entities,
to address chronic wasting disease in the United
States and along the borders of the United States;
and
(iv) any other area where containment or
management efforts relating to chronic wasting
disease may differ across jurisdictions; and
(C) <<NOTE: Action plan.>> develop, from the
recommendations developed under subparagraph (B), an
action plan that gives States, the Federal Government,
Indian Tribes, and the farmed cervid industry specific
recommendations to ensure consistent and coordinated
management and focused, prioritized research to stop the
spread of and mitigate the impacts of chronic wasting
disease.
(3) Membership.--
(A) In general.--The Task Force shall be composed
of--
(i) <<NOTE: Appointment.>> 1 representative
of the United States Fish and Wildlife Service
with experience in chronic wasting disease, to be
appointed by the Secretary of the Interior
(referred to in this subsection as the
``Secretary'');
(ii) 1 representative of the United States
Geological Survey;
(iii) <<NOTE: Appointments.>> 2
representatives of the Department of Agriculture
with experience in chronic wasting disease, to be
appointed by the Secretary of Agriculture--
(I) 1 of whom shall have expertise
in cervid health research; and
(II) 1 of whom shall have expertise
in wildlife management;
(iv) <<NOTE: Nominations.>> in the case of
each State in which chronic wasting disease among
elk, mule deer, white-tailed deer, or moose has
been reported to the appropriate State agency, not
more than 2 representatives, to be nominated by
the Governor of the State--
(I) not more than 1 of whom shall be
a representative of the State agency
with jurisdiction over wildlife
management or wildlife disease in the
State; and
(II) in the case of a State with a
farmed cervid program or economy, not
more than 1 of whom shall be a
representative of the State agency with
jurisdiction over farmed cervid
regulation in the State;
(v) <<NOTE: Nominations.>> in the case of
each State in which chronic wasting disease among
elk, mule deer, white-tailed deer, or moose has
not been documented, but that
[[Page 134 STAT. 913]]
has carried out measures to prevent the
introduction of chronic wasting disease among
those species, not more than 2 representatives, to
be nominated by the Governor of the State;
(vi) <<NOTE: Determination. Consultation.>>
not more than 2 representatives from an Indian
Tribe or Tribal organization chosen in a process
determined, in consultation with Indian Tribes, by
the Secretary; and
(vii) <<NOTE: Appointments.>> not more than 5
nongovernmental members with relevant expertise
appointed, after the date on which the members are
first appointed under clauses (i) through (vi), by
a majority vote of the State representatives
appointed under clause (iv).
(B) Effect.--Nothing in this paragraph requires a
State to participate in the Task Force.
(4) Co-chairs.--The Co-Chairs of the Task Force shall be--
(A) the Federal representative described in
paragraph (3)(A)(i);
(B) 1 of the Federal representatives described in
paragraph (3)(A)(iii); and
(C) 1 State representative appointed under paragraph
(3)(A)(iv), to be selected by a majority vote of those
State representatives.
(5) Date of initial appointment.--
(A) In general.--The members of the Task Force shall
be appointed not later than 180 days after the date on
which the study is completed under subsection (c).
(B) Notification.--On appointment of the members of
the Task Force, the Co-Chairs of the Task Force shall
notify the Chairs and Ranking Members of the Committees
on Environment and Public Works and Agriculture,
Nutrition, and Forestry of the Senate and Natural
Resources and Agriculture of the House of
Representatives.
(6) Vacancies.--Any vacancy in the members appointed to the
Task Force--
(A) shall not affect the power or duty of the Task
Force; and
(B) <<NOTE: Deadline.>> shall be filled not later
than 30 days after the date of the vacancy.
(7) Meetings.--The Task Force shall convene--
(A) <<NOTE: Time period.>> not less frequently than
twice each year; and
(B) at such time and place, and by such means, as
the Co-Chairs of the Task Force determine to be
appropriate, which may include the use of remote
conference technology.
(8) Interstate action plan.--
(A) <<NOTE: Deadline.>> In general.--Not later than
1 year after the date on which the members of the Task
Force are appointed, the Task Force shall submit to the
Secretaries, and the heads of the State agencies with
jurisdiction over wildlife disease and farmed cervid
regulation of each State with a representative on the
Task Force, the interstate action plan developed by the
Task Force under paragraph (2)(C).
(B) Cooperative agreements.--
(i) In general.--To the maximum extent
practicable, the Secretaries, any other applicable
Federal
[[Page 134 STAT. 914]]
agency, and each applicable State may enter into a
cooperative agreement to fund necessary actions
under the interstate action plan submitted under
subparagraph (A).
(ii) Target date.--The Secretaries shall make
the best effort of the Secretaries to enter into
any cooperative agreement under clause (i) not
later than 180 days after the date of submission
of the interstate action plan under subparagraph
(A).
(C) Matching funds.--
(i) In general.--Subject to clause (ii), for
each fiscal year, the Secretaries may provide
funds to carry out an interstate action plan
through a cooperative agreement under subparagraph
(B) in the amount of funds provided by the
applicable States.
(ii) Limitation.--The amount provided by the
United States Fish and Wildlife Service under
clause (i) for a fiscal year shall be not greater
than $5,000,000.
(9) Reports.--Not later than September 30 of the first full
fiscal year after the date on which the first members of the
Task Force are appointed, and each September 30 thereafter, the
Task Force shall submit to the Secretaries, and the heads of the
State agencies with jurisdiction over wildlife disease and
farmed cervid regulation of each State with a representatives on
the Task Force, a report describing--
(A) progress on the implementation of actions
identified in the interstate action plan submitted under
paragraph (8)(A), including the efficacy of funding
under the cooperative agreement entered into under
paragraph (8)(B);
(B) <<NOTE: Updates. Requirements.>> updated
resource requirements that are needed to reduce and
eliminate chronic wasting disease in the United States;
(C) <<NOTE: Updates.>> any relevant updates to the
recommended best management practices included in the
interstate action plan submitted under paragraph (8)(B)
to reduce or eliminate chronic wasting disease;
(D) new research findings and emerging research
needs relating to chronic wasting disease; and
(E) any other relevant information.
(c) Chronic Wasting Disease Transmission in Cervidae Resource
Study.--
(1) Definition of academy.--In this subsection, the term
``Academy'' means the National Academy of Sciences.
(2) Study.--
(A) <<NOTE: Reports.>> In general.--The Secretaries
shall enter into an arrangement with the Academy under
which the Academy shall conduct, and submit to the
Secretaries a report describing the findings of, a
special resource study to identify the predominant
pathways and mechanisms of the transmission of chronic
wasting disease in wild, captive, and farmed populations
of cervids in the United States.
(B) <<NOTE: Payments.>> Requirements.--The
arrangement under subparagraph (A) shall provide that
the actual expenses incurred by the Academy in
conducting the study under subparagraph (A) shall be
paid by the Secretaries, subject to the availability of
appropriations.
[[Page 134 STAT. 915]]
(3) Contents of the study.--The study under paragraph (2)
shall--
(A) with respect to wild, captive, and farmed
populations of cervids in the United States, identify--
(i)(I) to the extent possible, the pathways
and mechanisms for the transmission of chronic
wasting disease within live cervid populations and
cervid products, which may include pathways and
mechanisms for transmission from Canada;
(II) the infection rates for each pathway and
mechanism identified under subclause (I); and
(III) the relative frequency of transmission
of each pathway and mechanism identified under
subclause (I);
(ii)(I) anthropogenic and environmental
factors contributing to new chronic wasting
disease emergence events;
(II) the development of geographical areas
with increased chronic wasting disease prevalence;
and
(III) the overall geographical patterns of
chronic wasting disease distribution;
(iii) significant gaps in current scientific
knowledge regarding the transmission pathways and
mechanisms identified under clause (i)(I) and
potential prevention, detection, and control
methods identified under clause (v);
(iv) for prioritization the scientific
research projects that will address the knowledge
gaps identified under clause (iii), based on the
likelihood that a project will contribute
significantly to the prevention or control of
chronic wasting disease; and
(v) potential prevention, detection, or
control measures, practices, or technologies to be
used to mitigate the transmission and spread of
chronic wasting disease in wild, captive, and
farmed populations of cervids in the United
States;
(B) <<NOTE: Assessment.>> assess the effectiveness
of the potential prevention, detection, or control
measures, practices, or technologies identified under
subparagraph (A)(v); and
(C) <<NOTE: Review.>> review and compare science-
based best practices, standards, and guidance regarding
the prevention, detection, and management of chronic
wasting disease in wild, captive, and farmed populations
of cervids in the United States that have been developed
by--
(i) the National Chronic Wasting Disease Herd
Certification Program of the Animal and Plant
Health Inspection Service;
(ii) the National Wildlife Research Center of
the Animal and Plant Health Inspection Service;
(iii) the United States Geological Survey;
(iv) State wildlife and agricultural agencies,
in the case of practices, standards, and guidance
that provide practical, science-based
recommendations to State and Federal agencies for
minimizing or eliminating the risk of transmission
of chronic wasting disease in the United States;
and
[[Page 134 STAT. 916]]
(v) industry or academia, in the case of any
published guidance on practices that provide
practical, science-based recommendations to cervid
producers for minimizing or eliminating the risk
of transmission of chronic wasting disease within
or between herds.
(4) Deadline.--The study under paragraph (2) shall be
completed not later than 180 days after the date on which funds
are first made available for the study.
(5) Data sharing.--The Secretaries shall share with the
Academy, as necessary to conduct the study under paragraph (2),
subject to the avoidance of a violation of a privacy or
confidentiality requirement and the protection of confidential
or privileged commercial, financial, or proprietary information,
data and access to databases and research information on chronic
wasting disease under the jurisdiction of--
(A) the Animal and Plant Health Inspection Service;
and
(B) the United States Geological Survey.
(6) Report.--Not later than 60 days after the date of
completion of the study, the Secretaries shall submit to the
Committee on Agriculture, Nutrition, and Forestry, the Committee
on Energy and Natural Resources, and the Committee on
Environment and Public Works of the Senate and the Committee on
Agriculture and the Committee on Natural Resources of the House
of Representatives a report that describes--
(A) the findings of the study; and
(B) <<NOTE: Recommenda- tions.>> any conclusions
and recommendations that the Secretaries determine to be
appropriate.
(d) <<NOTE: Time periods.>> Authorization of Appropriations.--There
are authorized to be appropriated to carry out this section--
(1) for the period of fiscal years 2021 through 2025,
$5,000,000 to the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service, to
carry out administrative activities under subsection (b);
(2) for fiscal year 2021, $1,200,000 to the Secretary of the
Interior, acting through the Director of the United States
Geological Survey, to carry out activities to fund research
under subsection (c); and
(3) for fiscal year 2021, $1,200,000 to the Secretary of
Agriculture, acting through the Administrator of the Animal and
Plant Health Inspection Service, to carry out activities to fund
research under subsection (c).
SEC. 105. INVASIVE SPECIES.
Section 10 of the Fish and Wildlife Coordination Act (16 U.S.C.
666c-1) is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (A)--
(i) by redesignating clauses (i) and (ii) as
clauses (ii) and (iii), respectively; and
(ii) by inserting before clause (ii) (as so
redesignated) the following:
``(i) relevant Federal agencies;'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(C) by inserting after subparagraph (A) the
following:
[[Page 134 STAT. 917]]
``(B) in consultation with stakeholders, including
nongovernmental organizations and industry;''; and
(2) by adding at the end the following:
``(p) <<NOTE: Time periods.>> Authorization of Appropriations.--
There are authorized to be appropriated to carry out this section for
each of fiscal years 2021 through 2025--
``(1) $2,500,000 to the Secretary of the Army, acting
through the Chief of Engineers; and
``(2) $2,500,000 to the Secretary of the Interior.''.
SEC. 106. NORTH AMERICAN WETLANDS CONSERVATION ACT.
Section 7(c) of the North American Wetlands Conservation Act (16
U.S.C. 4406(c)) is amended by striking ``not to exceed--'' in the matter
preceding paragraph (1) and all that follows through paragraph (5) and
inserting ``not to exceed $60,000,000 for each of fiscal years 2021
through 2025.''.
SEC. 107. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT.
(a) Board of Directors of Foundation.--
(1) In general.--Section 3 of the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3702) is amended--
(A) in subsection (b)--
(i) by striking paragraph (2) and inserting
the following:
``(2) <<NOTE: Consultation.>> Appointment of directors.--
After consulting with the Secretary of Commerce and considering
the recommendations submitted by the Board, the Secretary of the
Interior shall appoint 28 Directors who, to the maximum extent
practicable, shall--
``(A) be knowledgeable and experienced in matters
relating to the conservation of fish, wildlife, or other
natural resources; and
``(B) represent a balance of expertise in ocean,
coastal, freshwater, and terrestrial resource
conservation.''; and
(ii) by striking paragraph (3) and inserting
the following:
``(3) Terms.--Each Director (other than a Director described
in paragraph (1)) shall be appointed for a term of 6 years.'';
and
(B) in subsection (g)(2)--
(i) in subparagraph (A), by striking ``(A)
Officers and employees may not be appointed until
the Foundation has sufficient funds to pay them
for their service. Officers'' and inserting the
following:
``(A) In general.--Officers''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Executive director.--The Foundation shall have
an Executive Director who shall be--
``(i) <<NOTE: Appointment.>> appointed by,
and serve at the direction of, the Board as the
chief executive officer of the Foundation; and
``(ii) knowledgeable and experienced in
matters relating to fish and wildlife
conservation.''.
(2) Conforming amendment.--Section 4(a)(1)(B) of the North
American Wetlands Conservation Act (16 U.S.C.
[[Page 134 STAT. 918]]
4403(a)(1)(B)) is amended by striking ``Secretary of the Board''
and inserting ``Executive Director of the Board''.
(b) Rights and Obligations of Foundation.--Section 4 of the National
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703) is
amended--
(1) in subsection (c)--
(A) by striking ``(c) Powers.--To carry out its
purposes under'' and inserting the following:
``(c) Powers.--
``(1) In general.--To carry out the purposes described in'';
(B) by redesignating paragraphs (1) through (11) as
subparagraphs (A) through (K), respectively, and
indenting appropriately;
(C) in subparagraph (D) (as redesignated by
subparagraph (B)), by striking ``that are insured by an
agency or instrumentality of the United States'' and
inserting ``at 1 or more financial institutions that are
members of the Federal Deposit Insurance Corporation or
the Securities Investment Protection Corporation'';
(D) in subparagraph (E) (as redesignated by
subparagraph (B)), by striking ``paragraph (3) or (4)''
and inserting ``subparagraph (C) or (D)'';
(E) in subparagraph (J) (as redesignated by
subparagraph (B)), by striking ``and'' at the end;
(F) by striking subparagraph (K) (as redesignated by
subparagraph (B)) and inserting the following:
``(K) to receive and administer restitution and
community service payments, amounts for mitigation of
impacts to natural resources, and other amounts arising
from legal, regulatory, or administrative proceedings,
subject to the condition that the amounts are received
or administered for purposes that further the
conservation and management of fish, wildlife, plants,
and other natural resources; and
``(L) to do acts necessary to carry out the purposes
of the Foundation.''; and
(G) by striking the undesignated matter at the end
and inserting the following:
``(2) Treatment of real property.--
``(A) In general.--For purposes of this Act, an
interest in real property shall be treated as including
easements or other rights for preservation,
conservation, protection, or enhancement by and for the
public of natural, scenic, historic, scientific,
educational, inspirational, or recreational resources.
``(B) Encumbered real property.--A gift, devise, or
bequest may be accepted by the Foundation even though
the gift, devise, or bequest is encumbered, restricted,
or subject to beneficial interests of private persons if
any current or future interest in the gift, devise, or
bequest is for the benefit of the Foundation.
``(3) Savings clause.--The acceptance and administration of
amounts by the Foundation under paragraph (1)(K) does not alter,
supersede, or limit any regulatory or statutory requirement
associated with those amounts.'';
(2) by striking subsections (f) and (g); and
(3) by redesignating subsections (h) and (i) as subsections
(f) and (g), respectively.
[[Page 134 STAT. 919]]
(c) Authorization of Appropriations.--Section 10 of the National
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is
amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) <<NOTE: Time period.>> In general.--There are
authorized to be appropriated to carry out this Act for each of
fiscal years 2021 through 2025--
``(A) $15,000,000 to the Secretary of the Interior;
``(B) $5,000,000 to the Secretary of Agriculture;
and
``(C) $5,000,000 to the Secretary of Commerce.'';
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Amounts from federal agencies.--
``(A) In general.--In addition to the amounts
authorized to be appropriated under subsection (a),
Federal departments, agencies, or instrumentalities are
authorized to provide funds to the Foundation through
Federal financial assistance grants and cooperative
agreements, subject to the condition that the amounts
are used for purposes that further the conservation and
management of fish, wildlife, plants, and other natural
resources in accordance with this Act.
``(B) Advances.--Federal departments, agencies, or
instrumentalities may advance amounts described in
subparagraph (A) to the Foundation in a lump sum without
regard to when the expenses for which the amounts are
used are incurred.
``(C) Management fees.--The Foundation may assess
and collect fees for the management of amounts received
under this paragraph.'';
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``funds'' and inserting ``amounts'';
(ii) by striking ``shall be used'' and
inserting ``may be used''; and
(iii) by striking ``and State and local
government agencies'' and inserting ``, State and
local government agencies, and other entities'';
and
(C) by adding at the end the following:
``(3) Administration of amounts.--
``(A) <<NOTE: Waiver authority.>> In general.--In
entering into contracts, agreements, or other
partnerships pursuant to this Act, a Federal department,
agency, or instrumentality shall have discretion to
waive any competitive process applicable to the
department, agency, or instrumentality for entering into
contracts, agreements, or partnerships with the
Foundation if the purpose of the waiver is--
``(i) to address an environmental emergency
resulting from a natural or other disaster; or
``(ii) <<NOTE: Determination.>> as determined
by the head of the applicable Federal department,
agency, or instrumentality, to reduce
administrative expenses and expedite the
conservation and management of fish, wildlife,
plants, and other natural resources.
[[Page 134 STAT. 920]]
``(B) Reports.--The Foundation shall include in the
annual report submitted under section 7(b) a description
of any use of the authority under subparagraph (A) by a
Federal department, agency, or instrumentality in that
fiscal year.''; and
(3) by adding at the end the following:
``(d) Use of Gifts, Devises, or Bequests of Money or Other
Property.--Any gifts, devises, or bequests of amounts or other property,
or any other amounts or other property, transferred to, deposited with,
or otherwise in the possession of the Foundation pursuant to this Act,
may be made available by the Foundation to Federal departments,
agencies, or instrumentalities and may be accepted and expended (or the
disposition of the amounts or property directed), without further
appropriation, by those Federal departments, agencies, or
instrumentalities, subject to the condition that the amounts or property
be used for purposes that further the conservation and management of
fish, wildlife, plants, and other natural resources.''.
(d) Limitation on Authority.--Section 11 of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3710) is amended by
inserting ``exclusive'' before ``authority''.
SEC. 108. <<NOTE: 15 USC 2601 note.>> MODIFICATION OF DEFINITION
OF SPORT FISHING EQUIPMENT UNDER TOXIC
SUBSTANCES CONTROL ACT.
(a) <<NOTE: Time period. Effective date.>> Prohibition.--During the
5-year period beginning on the date of enactment of this Act, the
Administrator of the Environmental Protection Agency shall not take any
action to regulate the lead content of sport fishing equipment or sport
fishing equipment components under the Toxic Substances Control Act (15
U.S.C. 2601 et seq.).
(b) Definition of Sport Fishing Equipment.--In this section, the
term ``sport fishing equipment'' means any sport fishing equipment (as
such term is defined in section 4162(a) of the Internal Revenue Code of
1986) the sale of which is subject to the tax imposed by section 4161(a)
of such Code (determined without regard to any exemptions from such tax
provided by section 4162 or 4221 or any other provision of such Code).
SEC. 109. REAUTHORIZATION OF CHESAPEAKE BAY PROGRAM.
Section 117 of the Federal Water Pollution Control Act (33 U.S.C.
1267) is amended by striking subsection (j) and inserting the following:
``(j) <<NOTE: Time periods.>> Authorization of Appropriations.--
There are authorized to be appropriated to carry out this section--
``(1) for fiscal year 2021, $90,000,000;
``(2) for fiscal year 2022, $90,500,000;
``(3) for fiscal year 2023, $91,000,000;
``(4) for fiscal year 2024, $91,500,000; and
``(5) for fiscal year 2025, $92,000,000.''.
SEC. 110. REAUTHORIZATION OF CHESAPEAKE BAY INITIATIVE ACT OF
1998.
Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (Public
Law 105-312) <<NOTE: 54 USC 320101 note.>> is amended by striking
``2019'' and inserting ``2025''.
[[Page 134 STAT. 921]]
SEC. 111. <<NOTE: State listing. District of Columbia. 33 USC 1267
note.>> CHESAPEAKE WATERSHED INVESTMENTS
FOR LANDSCAPE DEFENSE.
(a) Definitions.--In this section:
(1) Chesapeake bay agreements.--The term ``Chesapeake Bay
agreements'' means the formal, voluntary agreements--
(A) executed to achieve the goal of restoring and
protecting the Chesapeake Bay watershed ecosystem and
the living resources of the Chesapeake Bay watershed
ecosystem; and
(B) signed by the Chesapeake Executive Council.
(2) Chesapeake bay program.--The term ``Chesapeake Bay
program'' means the program directed by the Chesapeake Executive
Council in accordance with the Chesapeake Bay agreements.
(3) Chesapeake bay watershed.--The term ``Chesapeake Bay
watershed'' means the region that covers--
(A) the Chesapeake Bay;
(B) the portions of the States of Delaware,
Maryland, New York, Pennsylvania, Virginia, and West
Virginia that drain into the Chesapeake Bay; and
(C) the District of Columbia.
(4) Chesapeake executive council.--The term ``Chesapeake
Executive Council'' means the council comprised of--
(A) the Governors of each of the States of Delaware,
Maryland, New York, Pennsylvania, Virginia, and West
Virginia;
(B) the Mayor of the District of Columbia;
(C) the Chair of the Chesapeake Bay Commission; and
(D) the Administrator of the Environmental
Protection Agency.
(5) Chesapeake wild program.--The term ``Chesapeake WILD
program'' means the nonregulatory program established by the
Secretary under subsection (b)(1).
(6) Grant program.--The term ``grant program'' means the
Chesapeake Watershed Investments for Landscape Defense grant
program established by the Secretary under subsection (c)(1).
(7) Restoration and protection activity.--The term
``restoration and protection activity'' means an activity
carried out for the conservation, stewardship, and enhancement
of habitat for fish and wildlife--
(A) to preserve and improve ecosystems and
ecological processes on which the fish and wildlife
depend; and
(B) for use and enjoyment by the public.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service.
(b) Program Establishment.--
(1) <<NOTE: Deadline.>> Establishment.--Not later than 180
days after the date of enactment of this Act, the Secretary
shall establish a nonregulatory program, to be known as the
``Chesapeake Watershed Investments for Landscape Defense
program''.
(2) <<NOTE: Coordination.>> Purposes.--The purposes of the
Chesapeake WILD program are--
[[Page 134 STAT. 922]]
(A) coordinating restoration and protection
activities among Federal, State, local, and regional
entities and conservation partners throughout the
Chesapeake Bay watershed;
(B) engaging other agencies and organizations to
build a broader range of partner support, capacity, and
potential funding for projects in the Chesapeake Bay
watershed;
(C) carrying out coordinated restoration and
protection activities, and providing for technical
assistance, throughout the Chesapeake Bay watershed--
(i) to sustain and enhance restoration and
protection activities;
(ii) to improve and maintain water quality to
support fish and wildlife, habitats of fish and
wildlife, and drinking water for people;
(iii) to sustain and enhance water management
for volume and flood damage mitigation
improvements to benefit fish and wildlife habitat;
(iv) to improve opportunities for public
access and recreation in the Chesapeake Bay
watershed consistent with the ecological needs of
fish and wildlife habitat;
(v) to facilitate strategic planning to
maximize the resilience of natural ecosystems and
habitats under changing watershed conditions;
(vi) to engage the public through outreach,
education, and citizen involvement to increase
capacity and support for coordinated restoration
and protection activities in the Chesapeake Bay
watershed;
(vii) to sustain and enhance vulnerable
communities and fish and wildlife habitat;
(viii) to conserve and restore fish, wildlife,
and plant corridors; and
(ix) to increase scientific capacity to
support the planning, monitoring, and research
activities necessary to carry out coordinated
restoration and protection activities.
(3) Duties.--In carrying out the Chesapeake WILD program,
the Secretary shall--
(A) <<NOTE: Consultation.>> draw on existing plans
for the Chesapeake Bay watershed, or portions of the
Chesapeake Bay watershed, including the Chesapeake Bay
agreements, and work in consultation with applicable
management entities, including Chesapeake Bay program
partners, such as the Federal Government, State and
local governments, the Chesapeake Bay Commission, and
other regional organizations, as appropriate, to
identify, prioritize, and implement restoration and
protection activities within the Chesapeake Bay
watershed;
(B) <<NOTE: Strategy.>> adopt a Chesapeake Bay
watershed-wide strategy that--
(i) supports the implementation of a shared
set of science-based restoration and protection
activities developed in accordance with
subparagraph (A); and
(ii) targets cost-effective projects with
measurable results; and
(C) establish the grant program in accordance with
subsection (c).
[[Page 134 STAT. 923]]
(4) <<NOTE: Consultation.>> Coordination.--In establishing
the Chesapeake WILD program, the Secretary shall consult, as
appropriate, with--
(A) the heads of Federal agencies, including--
(i) the Administrator of the Environmental
Protection Agency;
(ii) the Administrator of the National Oceanic
and Atmospheric Administration;
(iii) the Chief of the Natural Resources
Conservation Service;
(iv) the Chief of Engineers;
(v) the Director of the United States
Geological Survey;
(vi) the Secretary of Transportation;
(vii) the Chief of the Forest Service; and
(viii) the head of any other applicable
agency;
(B) the Governors of each of the States of Delaware,
Maryland, New York, Pennsylvania, Virginia, and West
Virginia and the Mayor of the District of Columbia;
(C) fish and wildlife joint venture partnerships;
and
(D) other public agencies and organizations with
authority for the planning and implementation of
conservation strategies in the Chesapeake Bay watershed.
(c) Grants and Technical Assistance.--
(1) Chesapeake wild grant program.--To the extent that funds
are made available to carry out this subsection, the Secretary
shall establish and carry out, as part of the Chesapeake WILD
program, a voluntary grant and technical assistance program, to
be known as the ``Chesapeake Watershed Investments for Landscape
Defense grant program'', to provide competitive matching grants
of varying amounts and technical assistance to eligible entities
described in paragraph (2) to carry out activities described in
subsection (b)(2).
(2) Eligible entities.--The following entities are eligible
to receive a grant and technical assistance under the grant
program:
(A) A State.
(B) The District of Columbia.
(C) A unit of local government.
(D) A nonprofit organization.
(E) An institution of higher education as such term
is defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a)).
(F) <<NOTE: Determination.>> Any other entity that
the Secretary determines to be appropriate in accordance
with the criteria established under paragraph (3).
(3) <<NOTE: Consultation.>> Criteria.--The Secretary, in
consultation with officials and entities described in subsection
(b)(4), shall establish criteria for the grant program to help
ensure that activities funded under this subsection--
(A) accomplish 1 or more of the purposes described
in subsection (b)(2); and
(B) advance the implementation of priority actions
or needs identified in the Chesapeake Bay watershed-wide
strategy adopted under subsection (b)(3)(B).
(4) Cost sharing.--
(A) Department of the interior share.--The
Department of the Interior share of the cost of a
project funded
[[Page 134 STAT. 924]]
under the grant program shall not exceed 50 percent of
the total cost of the project, as determined by the
Secretary.
(B) Non-department of the interior share.--
(i) In general.--The non-Department of the
Interior share of the cost of a project funded
under the grant program may be provided in cash or
in the form of an in-kind contribution of services
or materials.
(ii) Other federal funding.--Non-Department of
the Interior Federal funds may be used for not
more than 25 percent of the total cost of a
project funded under the grant program.
(5) Administration.--The Secretary may enter into an
agreement to manage the grant program with an organization that
offers grant management services.
(d) Reporting.--Not later than 180 days after the date of enactment
of this Act, and annually thereafter, the Secretary shall submit to
Congress a report describing the implementation of this section,
including a description of each project that has received funding under
this section.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $15,000,000 for each of fiscal years 2021
through 2025.
(2) Supplement, not supplant.--Funds made available under
paragraph (1) shall supplement, and not supplant, funding for
other activities conducted by the Secretary in the Chesapeake
Bay watershed.
TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS
SEC. 201. <<NOTE: 16 USC 8201.>> PURPOSE.
The purpose of this title is to encourage partnerships among public
agencies and other interested persons to promote fish conservation--
(1) to achieve measurable habitat conservation results
through strategic actions of Fish Habitat Partnerships that lead
to better fish habitat conditions and increased fishing
opportunities by--
(A) improving ecological conditions;
(B) restoring natural processes; or
(C) preventing the decline of intact and healthy
systems;
(2) to establish a consensus set of national conservation
strategies as a framework to guide future actions and investment
by Fish Habitat Partnerships;
(3) to broaden the community of support for fish habitat
conservation by--
(A) increasing fishing opportunities;
(B) fostering the participation of local
communities, especially young people in local
communities, in conservation activities; and
[[Page 134 STAT. 925]]
(C) raising public awareness of the role healthy
fish habitat play in the quality of life and economic
well-being of local communities;
(4) to fill gaps in the National Fish Habitat Assessment and
the associated database of the National Fish Habitat
Assessment--
(A) to empower strategic conservation actions
supported by broadly available scientific information;
and
(B) to integrate socioeconomic data in the analysis
to improve the lives of humans in a manner consistent
with fish habitat conservation goals; and
(5) to communicate to the public and conservation partners--
(A) the conservation outcomes produced collectively
by Fish Habitat Partnerships; and
(B) new opportunities and voluntary approaches for
conserving fish habitat.
SEC. 202. <<NOTE: 16 USC 8202.>> DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Environment and
Public Works of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Board.--The term ``Board'' means the National Fish
Habitat Board established by section 203.
(3) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(4) Environmental protection agency assistant
administrator.--The term ``Environmental Protection Agency
Assistant Administrator'' means the Assistant Administrator for
Water of the Environmental Protection Agency.
(5) Indian tribe.--The term ``Indian Tribe'' has the meaning
given to the term ``Indian tribe'' in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
(6) National oceanic and atmospheric administration
assistant administrator.--The term ``National Oceanic and
Atmospheric Administration Assistant Administrator'' means the
Assistant Administrator for Fisheries of the National Oceanic
and Atmospheric Administration.
(7) Partnership.--The term ``Partnership'' means an entity
designated by Congress as a Fish Habitat Partnership under
section 204.
(8) Real property interest.--The term ``real property
interest'' means an ownership interest in--
(A) land; or
(B) water (including water rights).
(9) Marine fisheries commissions.--The term ``Marine
Fisheries Commissions'' means--
(A) the Atlantic States Marine Fisheries Commission;
(B) the Gulf States Marine Fisheries Commission; and
(C) the Pacific States Marine Commission.
[[Page 134 STAT. 926]]
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(11) State.--The term ``State'' means each of the several
States, Puerto Rico, American Samoa, Guam, the Northern Mariana
Islands, the United States Virgin Islands, and the District of
Columbia.
(12) State agency.--The term ``State agency'' means--
(A) the fish and wildlife agency of a State; and
(B) any department or division of a department or
agency of a State that manages in the public trust the
inland or marine fishery resources of the State or
sustains the habitat for those fishery resources
pursuant to State law or the constitution of the State.
SEC. 203. <<NOTE: 16 USC 8203.>> NATIONAL FISH HABITAT BOARD.
(a) Establishment.--
(1) <<NOTE: Recommenda- tions.>> Fish habitat board.--There
is established a board, to be known as the ``National Fish
Habitat Board'', whose duties are--
(A) to promote, oversee, and coordinate the
implementation of this title;
(B) to establish national goals and priorities for
fish habitat conservation;
(C) to recommend to Congress entities for
designation as Partnerships; and
(D) to review and make recommendations regarding
fish habitat conservation projects.
(2) Membership.--The Board shall be composed of 26 members,
of whom--
(A) 1 shall be a representative of the Department of
the Interior;
(B) 1 shall be a representative of the United States
Geological Survey;
(C) 1 shall be a representative of the Department of
Commerce;
(D) 1 shall be a representative of the Department of
Agriculture;
(E) 1 shall be a representative of the Association
of Fish and Wildlife Agencies;
(F) <<NOTE: Nomination.>> 4 shall be
representatives of State agencies, 1 of whom shall be
nominated by a regional association of fish and wildlife
agencies from each of the Northeast, Southeast, Midwest,
and Western regions of the United States;
(G) <<NOTE: Native Americans. Alaska.>> 2 shall be
representatives of either--
(i) Indian Tribes in the State of Alaska; or
(ii) Indian Tribes in States other than the
State of Alaska;
(H) 1 shall be a representative of either--
(i) the Regional Fishery Management Councils
established under section 302 of the Magnuson-
Stevens Fishery Conservation and Management Act
(16 U.S.C. 1852); or
(ii) a representative of the Marine Fisheries
Commissions;
(I) 1 shall be a representative of the Sport Fishing
and Boating Partnership Council;
[[Page 134 STAT. 927]]
(J) 7 shall be representatives selected from at
least one from each of the following:
(i) the recreational sportfishing industry;
(ii) the commercial fishing industry;
(iii) marine recreational anglers;
(iv) freshwater recreational anglers;
(v) habitat conservation organizations; and
(vi) science-based fishery organizations;
(K) 1 shall be a representative of a national
private landowner organization;
(L) 1 shall be a representative of an agricultural
production organization;
(M) 1 shall be a representative of local government
interests involved in fish habitat restoration;
(N) 2 shall be representatives from different
sectors of corporate industries, which may include--
(i) natural resource commodity interests, such
as petroleum or mineral extraction;
(ii) natural resource user industries; and
(iii) industries with an interest in fish and
fish habitat conservation; and
(O) 1 shall be an individual in a leadership
position in the private sector or landowner
representative of an active partnership.
(3) Compensation.--A member of the Board shall serve without
compensation.
(4) Travel expenses.--A member of the Board may be allowed
travel expenses, including per diem in lieu of subsistence, at
rates authorized for an employee of an agency under subchapter I
of chapter 57 of title 5, United States Code, while away from
the home or regular place of business of the member in the
performance of the duties of the Board.
(b) Appointment and Terms.--
(1) In general.--Except as otherwise provided in this
section, a member of the Board described in any of subparagraphs
(F) through (O) of subsection (a)(2) shall serve for a term of 3
years.
(2) <<NOTE: Deadlines.>> Initial board membership.--
(A) In general.--The initial Board shall consist of
representatives as described in subparagraphs (A)
through (F) of subsection (a)(2).
(B) Remaining members.--Not later than 60 days after
the date of enactment of this Act, the representatives
of the initial Board under subparagraph (A) shall
appoint the remaining members of the Board described in
subparagraphs (H) through (O) of subsection (a)(2).
(C) <<NOTE: Recommenda- tions.>> Tribal
representatives.--Not later than 60 days after the
enactment of this Act, the Secretary shall provide to
the Board a recommendation of not fewer than three
Tribal representatives, from which the Board shall
appoint one representative pursuant to subparagraph (G)
of subsection (a)(2).
(3) Staggered terms.--Of the members described in subsection
(a)(2)(J) initially appointed to the Board--
(A) two shall be appointed for a term of 1 year;
(B) two shall be appointed for a term of 2 years;
and
(C) three shall be appointed for a term of 3 years.
[[Page 134 STAT. 928]]
(4) Vacancies.--
(A) In general.--A vacancy of a member of the Board
described in subparagraph (H), (I), (J), (K), (L), (M),
(N), or (O) of subsection (a)(2) shall be filled by an
appointment made by the remaining members of the Board.
(B) <<NOTE: Recommenda- tions. Appointment.>>
Tribal representatives.--Following a vacancy of a member
of the Board described in subparagraph (G) of subsection
(a)(2), the Secretary shall recommend to the Board a
list of not fewer than three Tribal representatives,
from which the remaining members of the Board shall
appoint a representative to fill the vacancy.
(5) Continuation of service.--An individual whose term of
service as a member of the Board expires may continue to serve
on the Board until a successor is appointed.
(6) Removal.--If a member of the Board described in any of
subparagraphs (H) through (O) of subparagraph (a)(2) misses
three consecutive regularly scheduled Board meetings, the
members of the Board may--
(A) vote to remove that member; and
(B) appoint another individual in accordance with
paragraph (4).
(c) Chairperson.--
(1) In general.--The representative of the Association of
Fish and Wildlife Agencies appointed under subsection (a)(2)(E)
shall serve as Chairperson of the Board.
(2) Term.--The Chairperson of the Board shall serve for a
term of 3 years.
(d) Meetings.--
(1) In general.--The Board shall meet--
(A) at the call of the Chairperson; but
(B) <<NOTE: Time period.>> not less frequently than
twice each calendar year.
(2) Public access.--All meetings of the Board shall be open
to the public.
(e) Procedures.--
(1) In general.--The Board shall establish procedures to
carry out the business of the Board, including--
(A) a requirement that a quorum of the members of
the Board be present to transact business;
(B) a requirement that no recommendations may be
adopted by the Board, except by the vote of two-thirds
of all members;
(C) procedures for establishing national goals and
priorities for fish habitat conservation for the
purposes of this title;
(D) procedures for designating Partnerships under
section 204; and
(E) procedures for reviewing, evaluating, and making
recommendations regarding fish habitat conservation
projects.
(2) Quorum.--A majority of the members of the Board shall
constitute a quorum.
SEC. 204. <<NOTE: 16 USC 8204.>> FISH HABITAT PARTNERSHIPS.
(a) Authority To Recommend.--The Board may recommend to Congress the
designation of Fish Habitat Partnerships in accordance with this
section.
(b) Purposes.--The purposes of a Partnership shall be--
[[Page 134 STAT. 929]]
(1) <<NOTE: Coordination.>> to work with other regional
habitat conservation programs to promote cooperation and
coordination to enhance fish populations and fish habitats;
(2) to engage local and regional communities to build
support for fish habitat conservation;
(3) to involve diverse groups of public and private
partners;
(4) to develop collaboratively a strategic vision and
achievable implementation plan that is scientifically sound;
(5) to leverage funding from sources that support local and
regional partnerships;
(6) <<NOTE: Evaluation.>> to use adaptive management
principles, including evaluation of project success and
functionality;
(7) <<NOTE: Evaluation. Assessment. Criteria.>> to develop
appropriate local or regional habitat evaluation and assessment
measures and criteria that are compatible with national habitat
condition measures; and
(8) to implement local and regional priority projects that
improve conditions for fish and fish habitat.
(c) Criteria for Designation.--An entity seeking to be designated by
Congress as a Partnership shall--
(1) submit to the Board an application at such time, in such
manner, and containing such information as the Board may
reasonably require; and
(2) demonstrate to the Board that the entity has--
(A) a focus on promoting the health of important
fish and fish habitats;
(B) an ability to coordinate the implementation of
priority projects that support the goals and national
priorities set by the Board that are within the
Partnership boundary;
(C) a self-governance structure that supports the
implementation of strategic priorities for fish habitat;
(D) the ability to develop local and regional
relationships with a broad range of entities to further
strategic priorities for fish and fish habitat;
(E) <<NOTE: Strategic plan.>> a strategic plan that
details required investments for fish habitat
conservation that addresses the strategic fish habitat
priorities of the Partnership and supports and meets the
strategic priorities of the Board;
(F) the ability to develop and implement fish
habitat conservation projects that address strategic
priorities of the Partnership and the Board; and
(G) the ability to develop fish habitat conservation
priorities based on sound science and data, the ability
to measure the effectiveness of fish habitat projects of
the Partnership, and a clear plan as to how Partnership
science and data components will be integrated with the
overall Board science and data effort.
(d) <<NOTE: Determination.>> Requirements for Recommendation to
Congress.--The Board may recommend to Congress for designation an
application for a Partnership submitted under subsection (c) if the
Board determines that the applicant--
(1) meets the criteria described in subsection (c)(2);
(2) identifies representatives to provide support and
technical assistance to the Partnership from a diverse group of
public and private partners, which may include State or local
governments, nonprofit entities, Indian Tribes, and private
individuals, that are focused on conservation of fish habitats
[[Page 134 STAT. 930]]
to achieve results across jurisdictional boundaries on public
and private land;
(3) is organized to promote the health of important fish
species and important fish habitats, including reservoirs,
natural lakes, coastal and marine environments, coral reefs, and
estuaries;
(4) identifies strategic fish and fish habitat priorities
for the Partnership area in the form of geographical focus areas
or key stressors or impairments to facilitate strategic planning
and decision making;
(5) is able to address issues and priorities on a nationally
significant scale;
(6) includes a governance structure that--
(A) reflects the range of all partners; and
(B) promotes joint strategic planning and decision
making by the applicant;
(7) <<NOTE: Strategic plan.>> demonstrates completion of,
or significant progress toward the development of, a strategic
plan to address declines in fish populations, rather than simply
treating symptoms, in accordance with the goals and national
priorities established by the Board; and
(8) promotes collaboration in developing a strategic vision
and implementation program that is scientifically sound and
achievable.
(e) Report to Congress.--
(1) In general.--Not later than February 1 of the first
fiscal year beginning after the date of enactment of this Act
and each February 1 thereafter, the Board shall develop and
submit to the appropriate congressional committees an annual
report, to be entitled ``Report to Congress on Future Fish
Habitat Partnerships and Modifications'', that--
(A) identifies each entity that--
(i) meets the requirements described in
subsection (d); and
(ii) the Board recommends to Congress for
designation as a Partnership;
(B) describes any proposed modifications to a
Partnership previously designated by Congress under
subsection (f);
(C) with respect to each entity recommended for
designation as a Partnership, describes, to the maximum
extent practicable--
(i) the purpose of the recommended
Partnership; and
(ii) how the recommended Partnership fulfills
the requirements described in subsection (d).
(2) Public availability; notification.--The Board shall--
(A) make the report publicly available, including on
the internet; and
(B) provide to the appropriate congressional
committees and the State agency of any State included in
a recommended Partnership area written notification of
the public availability of the report.
(f) Designation or Modification of Partnership.--Congress shall have
the exclusive authority to designate or modify a Partnership.
(g) Existing Partnerships.--
[[Page 134 STAT. 931]]
(1) <<NOTE: Deadline.>> Designation review.--Not later than
5 years after the date of enactment of this Act, any partnership
receiving Federal funds as of the date of enactment of this Act
shall be subject to a designation review by Congress in which
Congress shall have the opportunity to designate the partnership
under subsection (f).
(2) Ineligibility for federal funds.--A partnership referred
to in paragraph (1) that Congress does not designate as
described in that paragraph shall be ineligible to receive
Federal funds under this title.
SEC. 205. <<NOTE: 16 USC 8205.>> FISH HABITAT CONSERVATION
PROJECTS.
(a) <<NOTE: Deadlines. List.>> Submission to Board.--Not later than
March 31 of each year, each Partnership shall submit to the Board a list
of priority fish habitat conservation projects recommended by the
Partnership for annual funding under this title.
(b) <<NOTE: Deadlines. List. Cost estimates.>> Recommendations by
Board.--Not later than July 1 of each year, the Board shall submit to
the Secretary a priority list of fish habitat conservation projects that
includes a description, including estimated costs, of each project that
the Board recommends that the Secretary approve and fund under this
title for the following fiscal year.
(c) Criteria for Project Selection.--The Board shall select each
fish habitat conservation project recommended to the Secretary under
subsection (b) after taking into consideration, at a minimum, the
following information:
(1) <<NOTE: Recommenda- tions.>> A recommendation of the
Partnership that is, or will be, participating actively in
implementing the fish habitat conservation project.
(2) The capabilities and experience of project proponents to
implement successfully the proposed project.
(3) The extent to which the fish habitat conservation
project--
(A) fulfills a local or regional priority that is
directly linked to the strategic plan of the Partnership
and is consistent with the purpose of this title;
(B) addresses the national priorities established by
the Board;
(C) is supported by the findings of the habitat
assessment of the Partnership or the Board, and aligns
or is compatible with other conservation plans;
(D) identifies appropriate monitoring and evaluation
measures and criteria that are compatible with national
measures;
(E) provides a well-defined budget linked to
deliverables and outcomes;
(F) leverages other funds to implement the project;
(G) addresses the causes and processes behind the
decline of fish or fish habitats; and
(H) includes an outreach or education component that
includes the local or regional community.
(4) The availability of sufficient non-Federal funds to
match Federal contributions for the fish habitat conservation
project, as required by subsection (e).
(5) The extent to which the fish habitat conservation
project--
[[Page 134 STAT. 932]]
(A) will increase fish populations in a manner that
leads to recreational fishing opportunities for the
public;
(B) will be carried out through a cooperative
agreement among Federal, State, and local governments,
Indian Tribes, and private entities;
(C) increases public access to land or water for
fish and wildlife-dependent recreational opportunities;
(D) advances the conservation of fish and wildlife
species that have been identified by a State agency as
species of greatest conservation need;
(E) where appropriate, advances the conservation of
fish and fish habitats under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.) and other relevant Federal law and State
wildlife action plans; and
(F) promotes strong and healthy fish habitats so
that desired biological communities are able to persist
and adapt.
(6) The substantiality of the character and design of the
fish habitat conservation project.
(d) Limitations.--
(1) Requirements for evaluation.--No fish habitat
conservation project may be recommended by the Board under
subsection (b) or provided financial assistance under this title
unless the fish habitat conservation project includes an
evaluation plan designed using applicable Board guidance--
(A) to appropriately assess the biological,
ecological, or other results of the habitat protection,
restoration, or enhancement activities carried out using
the assistance;
(B) to reflect appropriate changes to the fish
habitat conservation project if the assessment
substantiates that the fish habitat conservation project
objectives are not being met;
(C) to identify improvements to existing fish
populations, recreational fishing opportunities, and the
overall economic benefits for the local community of the
fish habitat conservation project; and
(D) to require the submission to the Board of a
report describing the findings of the assessment.
(2) Acquisition authorities.--
(A) In general.--A State, local government, or other
non-Federal entity is eligible to receive funds for the
acquisition of real property from willing sellers under
this title if the acquisition ensures--
(i) public access for fish and wildlife-
dependent recreation; or
(ii) a scientifically based, direct
enhancement to the health of fish and fish
populations, as determined by the Board.
(B) State agency approval.--
(i) In general.--All real property interest
acquisition projects funded under this title must
be approved by the State agency in the State in
which the project is occurring.
(ii) Prohibition.--The Board may not
recommend, and the Secretary may not provide any
funding for,
[[Page 134 STAT. 933]]
any real property interest acquisition that has
not been approved by the State agency.
(C) Assessment of other authorities.--The Board may
not recommend, and the Secretary may not provide any
funding under this title for, any real property interest
acquisition unless the Partnership that recommended the
project has conducted a project assessment, submitted
with the funding request and approved by the Board, to
demonstrate all other Federal, State, and local
authorities for the acquisition of real property have
been exhausted.
(D) Restrictions.--A real property interest may not
be acquired pursuant to a fish habitat conservation
project by a State, local government, or other non-
Federal entity conducted with funds provided under this
title, unless--
(i) the owner of the real property authorizes
the State, local government, or other non-Federal
entity to acquire the real property; and
(ii) <<NOTE: Determination.>> the Secretary
and the Board determine that the State, local
government, or other non-Federal entity would
benefit from undertaking the management of the
real property being acquired because that is in
accordance with the goals of a Partnership.
(e) Non-Federal Contributions.--
(1) In general.--Except as provided in paragraphs (2) and
(4), no fish habitat conservation project may be recommended by
the Board under subsection (b) or provided financial assistance
under this title unless at least 50 percent of the cost of the
fish habitat conservation project will be funded with non-
Federal funds.
(2) Non-federal share.--Such non-Federal share of the cost
of a fish habitat conservation project--
(A) may not be derived from another Federal grant
program; and
(B) may include in-kind contributions and cash.
(3) Special rule for indian tribes.--Notwithstanding
paragraph (1) or any other provision of law, any funds made
available to an Indian Tribe pursuant to this title may be
considered to be non-Federal funds for the purpose of paragraph
(1).
(4) <<NOTE: Consultation. Determination.>> Waiver
authority.--The Secretary, in consultation with the Secretary of
Commerce with respect to marine or estuarine projects, may waive
the application of paragraph (2)(A) with respect to a State or
an Indian Tribe, or otherwise reduce the portion of the non-
Federal share of the cost of an activity required to be paid by
a State or an Indian Tribe under paragraph (1), if the Secretary
determines that the State or Indian Tribe does not have
sufficient funds not derived from another Federal grant program
to pay such non-Federal share, or portion of the non-Federal
share, without the use of loans.
(f) <<NOTE: Deadlines.>> Approval.--
(1) <<NOTE: Consultation.>> In general.--Not later than 90
days after the date of receipt of the recommended priority list
of fish habitat conservation projects under subsection (b), and
subject to subsection (d) and based, to the maximum extent
practicable, on the criteria described in subsection (c), the
Secretary, after
[[Page 134 STAT. 934]]
consulting with the Secretary of Commerce on marine or estuarine
projects, shall approve or reject any fish habitat conservation
project recommended by the Board.
(2) Funding.--If the Secretary approves a fish habitat
conservation project under paragraph (1), the Secretary shall
use amounts made available to carry out this title to provide
funds to carry out the fish habitat conservation project.
(3) Notification.--If the Secretary rejects under paragraph
(1) any fish habitat conservation project recommended by the
Board, not later than 90 days after the date of receipt of the
recommendation, the Secretary shall provide to the Board, the
appropriate Partnership, and the appropriate congressional
committees a written statement of the reasons that the Secretary
rejected the fish habitat conservation project.
SEC. 206. <<NOTE: 16 USC 8206.>> TECHNICAL AND SCIENTIFIC
ASSISTANCE.
(a) <<NOTE: Coordination.>> In General.--The Director, the National
Oceanic and Atmospheric Administration Assistant Administrator, the
Environmental Protection Agency Assistant Administrator, and the
Director of the United States Geological Survey, in coordination with
the Forest Service and other appropriate Federal departments and
agencies, may provide scientific and technical assistance to
Partnerships, participants in fish habitat conservation projects, and
the Board.
(b) Inclusions.--Scientific and technical assistance provided under
subsection (a) may include--
(1) providing technical and scientific assistance to States,
Indian Tribes, regions, local communities, and nongovernmental
organizations in the development and implementation of
Partnerships;
(2) providing technical and scientific assistance to
Partnerships for habitat assessment, strategic planning, and
prioritization;
(3) supporting the development and implementation of fish
habitat conservation projects that are identified as high
priorities by Partnerships and the Board;
(4) <<NOTE: Recommenda- tions.>> supporting and providing
recommendations regarding the development of science-based
monitoring and assessment approaches for implementation through
Partnerships;
(5) <<NOTE: Recommenda- tions.>> supporting and providing
recommendations for a national fish habitat assessment;
(6) ensuring the availability of experts to assist in
conducting scientifically based evaluation and reporting of the
results of fish habitat conservation projects; and
(7) providing resources to secure State agency scientific
and technical assistance to support Partnerships, participants
in fish habitat conservation projects, and the Board.
SEC. 207. <<NOTE: 16 USC 8207.>> COORDINATION WITH STATES AND
INDIAN TRIBES.
The <<NOTE: Notice. Deadline.>> Secretary shall provide a notice
to, and cooperate with, the appropriate State agency or Tribal agency,
as applicable, of each State and Indian Tribe within the boundaries of
which an activity is planned to be carried out pursuant to this title,
including notification, by not later than 30 days before the date on
which the activity is implemented.
[[Page 134 STAT. 935]]
SEC. 208. <<NOTE: 16 USC 8208.>> INTERAGENCY OPERATIONAL PLAN.
Not <<NOTE: Deadlines.>> later than 1 year after the date of
enactment of this Act, and every 5 years thereafter, the Director, in
cooperation with the National Oceanic and Atmospheric Administration
Assistant Administrator, the Environmental Protection Agency Assistant
Administrator, the Director of the United States Geological Survey, and
the heads of other appropriate Federal departments and agencies
(including, at a minimum, those agencies represented on the Board) shall
develop an interagency operational plan that describes--
(1) the functional, operational, technical, scientific, and
general staff, administrative, and material needs for the
implementation of this title; and
(2) any interagency agreements between or among Federal
departments and agencies to address those needs.
SEC. 209. <<NOTE: 16 USC 8209.>> ACCOUNTABILITY AND REPORTING.
(a) Reporting.--
(1) In general.--Not later than 5 years after the date of
enactment of this Act, and every 5 years thereafter, the Board
shall submit to the appropriate congressional committees a
report describing the progress of this title.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) <<NOTE: Estimates. Time period.>> an estimate
of the number of acres, stream miles, or acre-feet, or
other suitable measures of fish habitat, that was
maintained or improved by Partnerships under this title
during the 5-year period ending on the date of
submission of the report;
(B) a description of the public access to fish
habitats established or improved under this title during
that 5-year period;
(C) a description of the improved opportunities for
public recreational fishing achieved under this title;
and
(D) <<NOTE: Assessment.>> an assessment of the
status of fish habitat conservation projects carried out
with funds provided under this title during that period,
disaggregated by year, including--
(i) a description of the fish habitat
conservation projects recommended by the Board
under section 205(b);
(ii) a description of each fish habitat
conservation project approved by the Secretary
under section 205(f), in order of priority for
funding;
(iii) a justification for--
(I) the approval of each fish
habitat conservation project; and
(II) the order of priority for
funding of each fish habitat
conservation project;
(iv) a justification for any rejection of a
fish habitat conservation project recommended by
the Board under section 205(b) that was based on a
factor other than the criteria described in
section 205(c); and
(v) an accounting of expenditures by Federal,
State, or local governments, Indian Tribes, or
other entities to carry out fish habitat
conservation projects under this title.
[[Page 134 STAT. 936]]
(b) Status and Trends Report.--Not later than December 31, 2021, and
every 5 years thereafter, the Board shall submit to the appropriate
congressional committees a report that includes--
(1) a status of all Partnerships designated under this
title;
(2) a description of the status of fish habitats in the
United States as identified by designated Partnerships; and
(3) enhancements or reductions in public access as a result
of--
(A) the activities of the Partnerships; or
(B) any other activities carried out pursuant to
this title.
SEC. 210. <<NOTE: 16 USC 8210.>> EFFECT OF THIS TITLE.
(a) Water Rights.--Nothing in this title--
(1) establishes any express or implied reserved water right
in the United States for any purpose;
(2) affects any water right in existence on the date of
enactment of this Act;
(3) preempts or affects any State water law or interstate
compact governing water; or
(4) affects any Federal or State law in existence on the
date of enactment of the Act regarding water quality or water
quantity.
(b) Authority To Acquire Water Rights or Rights to Property.--Only a
State, local government, or other non-Federal entity may acquire, under
State law, water rights or rights to property with funds made available
through section 212.
(c) State Authority.--Nothing in this title--
(1) affects the authority, jurisdiction, or responsibility
of a State to manage, control, or regulate fish and wildlife
under the laws and regulations of the State; or
(2) authorizes the Secretary to control or regulate within a
State the fishing or hunting of fish and wildlife.
(d) Effect on Indian Tribes.--Nothing in this title abrogates,
abridges, affects, modifies, supersedes, or alters any right of an
Indian Tribe recognized by treaty or any other means, including--
(1) an agreement between the Indian Tribe and the United
States;
(2) Federal law (including regulations);
(3) an Executive order; or
(4) a judicial decree.
(e) Adjudication of Water Rights.--Nothing in this title diminishes
or affects the ability of the Secretary to join an adjudication of
rights to the use of water pursuant to subsection (a), (b), or (c) of
section 208 of the Departments of State, Justice, Commerce, and The
Judiciary Appropriation Act, 1953 (43 U.S.C. 666).
(f) Department of Commerce Authority.--Nothing in this title affects
the authority, jurisdiction, or responsibility of the Department of
Commerce to manage, control, or regulate fish or fish habitats under the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.).
(g) Effect on Other Authorities.--
(1) Private property protection.--Nothing in this title
permits the use of funds made available to carry out this title
to acquire real property or a real property interest without the
written consent of each owner of the real property or real
property interest, respectively.
[[Page 134 STAT. 937]]
(2) Mitigation.--Nothing in this title authorizes the use of
funds made available to carry out this title for fish and
wildlife mitigation purposes under--
(A) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(B) the Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.);
(C) the Water Resources Development Act of 1986
(Public Law 99-662; 100 Stat. 4082); or
(D) any other Federal law or court settlement.
(3) Clean water act.--Nothing in this title affects any
provision of the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), including any definition in that Act.
SEC. 211. <<NOTE: 16 USC 8211.>> NONAPPLICABILITY OF FEDERAL
ADVISORY COMMITTEE ACT.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to--
(1) the Board; or
(2) any Partnership.
SEC. 212. <<NOTE: 16 USC 8212.>> FUNDING.
(a) <<NOTE: Time period.>> Authorization of Appropriations.--
(1) Fish habitat conservation projects.--There is authorized
to be appropriated to the Secretary $7,200,000 for each of
fiscal years 2021 through 2025 to provide funds for fish habitat
conservation projects approved under section 205(f), of which 5
percent is authorized only for projects carried out by Indian
Tribes.
(2) Administrative and planning expenses.--There is
authorized to be appropriated to the Secretary for each of
fiscal years 2021 through 2025 an amount equal to 5 percent of
the amount appropriated for the applicable fiscal year pursuant
to paragraph (1)--
(A) for administrative and planning expenses under
this title; and
(B) to carry out section 209.
(3) Technical and scientific assistance.--There is
authorized to be appropriated for each of fiscal years 2021
through 2025 to carry out, and provide technical and scientific
assistance under, section 206--
(A) $400,000 to the Secretary for use by the United
States Fish and Wildlife Service;
(B) $400,000 to the National Oceanic and Atmospheric
Administration Assistant Administrator for use by the
National Oceanic and Atmospheric Administration;
(C) $400,000 to the Environmental Protection Agency
Assistant Administrator for use by the Environmental
Protection Agency;
(D) $400,000 to the Secretary for use by the United
States Geological Survey; and
(E) $400,000 to the Secretary of Agriculture, acting
through the Chief of the Forest Service, for use by the
Forest Service.
(b) Agreements and Grants.--The Secretary may--
(1) on the recommendation of the Board, and notwithstanding
sections 6304 and 6305 of title 31, United States Code, and the
Federal Financial Assistance Management
[[Page 134 STAT. 938]]
Improvement Act of 1999 (31 U.S.C. 6101 note; Public Law 106-
107), enter into a grant agreement, cooperative agreement, or
contract with a Partnership or other entity to provide funds
authorized by this title for a fish habitat conservation project
or restoration or enhancement project;
(2) apply for, accept, and, subject to the availability of
appropriations, use a grant from any individual or entity to
carry out the purposes of this title; and
(3) <<NOTE: Determination.>> subject to the availability of
appropriations, make funds authorized by this Act available to
any Federal department or agency for use by that department or
agency to provide grants for any fish habitat protection
project, restoration project, or enhancement project that the
Secretary determines to be consistent with this title.
(c) Donations.--
(1) In general.--The Secretary may--
(A) <<NOTE: Contracts.>> enter into an agreement
with any organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 that is exempt from
taxation under section 501(a) of that Code to solicit
private donations to carry out the purposes of this
title; and
(B) accept donations of funds, property, and
services to carry out the purposes of this title.
(2) Treatment.--A donation accepted under this title--
(A) shall be considered to be a gift or bequest to,
or otherwise for the use of, the United States; and
(B) may be--
(i) used directly by the Secretary; or
(ii) provided to another Federal department or
agency through an interagency agreement.
SEC. 213. <<NOTE: 16 USC 8213.>> PROHIBITION AGAINST
IMPLEMENTATION OF REGULATORY AUTHORITY BY
FEDERAL AGENCIES THROUGH PARTNERSHIPS.
Any Partnership designated under this title--
(1) shall be for the sole purpose of promoting fish
conservation; and
(2) shall not be used to implement any regulatory authority
of any Federal agency.
TITLE III--MISCELLANEOUS
SEC. 301. STUDY TO REVIEW CONSERVATION FACTORS.
(a) Definition of Secretaries.--In this section, the term
``Secretaries'' means--
(1) the Secretary of Agriculture;
(2) the Secretary of Commerce, acting through the Assistant
Administrator of the National Marine Fisheries Service; and
(3) the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service.
(b) Study.--To assess factors affecting successful conservation
activities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), the Secretaries shall carry out a study--
(1)(A) to review any factors that threaten or endanger a
species, such as wildlife disease, for which a listing under
[[Page 134 STAT. 939]]
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
would not contribute to the conservation of the species; and
(B) to identify additional conservation measures that can be
taken to protect and conserve a species described in
subparagraph (A);
(2) to review any barriers to--
(A) the delivery of Federal, State, local, or
private funds for such conservation activities,
including statutory or regulatory impediments, staffing
needs, and other relevant considerations; or
(B) the implementation of conservation agreements,
plans, or other cooperative agreements, including
agreements focused on voluntary activities, multispecies
efforts, and other relevant considerations;
(3) to review factors that impact the ability of the Federal
Government to successfully implement the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.);
(4) <<NOTE: Recommenda- tions.>> to develop recommendations
regarding methods to address barriers identified under paragraph
(2), if any;
(5) to review determinations under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) in which a species is
determined to be recovered by the Secretary of the Interior,
acting through the Director of the United States Fish and
Wildlife Service, or the Secretary of Commerce, acting through
the Assistant Administrator of the National Marine Fisheries
Service, but remains listed under that Act, including--
(A) an explanation of the factors preventing a
delisting or downlisting of the species; and
(B) <<NOTE: Recommenda- tions.>> recommendations
regarding methods to address the factors described in
subparagraph (A); and
(6) to review any determinations under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) in which a species
has been identified as needing listing or uplisting under that
Act but remains unlisted or listed as a threatened species,
respectively, including--
(A) an explanation of the factors preventing a
listing or uplisting of the species; and
(B) <<NOTE: Recommenda- tions.>> recommendations
regarding methods to address the factors described in
subparagraph (A).
(c) <<NOTE: Public information.>> Report.--Not later than 1 year
after the date of enactment of this Act, the Secretaries shall submit to
the Committees on Appropriations and Environment and Public Works of the
Senate and the Committees on Appropriations and Natural Resources of the
House of Representatives and make publicly available a report describing
the results of the study under subsection (b).
SEC. 302. STUDY AND REPORT ON EXPENDITURES.
(a) Reports on Expenditures.--
(1) Federal departments and agencies.--
(A) <<NOTE: Determination. Data. Time periods.>> In
general.--At the determination of the Comptroller
General of the United States (referred to in this
section as the ``Comptroller General''), to facilitate
the preparation of the reports from the Comptroller
General under paragraph (2), the head of each Federal
department and agency shall submit to the Comptroller
General data and other relevant information that
describes the amounts expended or disbursed (including
through loans, loan
[[Page 134 STAT. 940]]
guarantees, grants, or any other financing mechanism) by
the department or agency as a direct result of any
provision of the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) (including any regulation
promulgated pursuant to that Act) during--
(i) with respect to the first report under
paragraph (2), the 3 fiscal years preceding the
date of submission of the report; and
(ii) with respect to the second report under
paragraph (2), the 2 fiscal years preceding the
date of submission of the report.
(B) Requirements.--Data and other relevant
information submitted under subparagraph (A) shall
describe, with respect to the applicable amounts--
(i) the programmatic office of the department
or agency on behalf of which each amount was
expended or disbursed;
(ii) the provision of the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) (or
regulation promulgated pursuant to that Act)
pursuant to which each amount was expended or
disbursed; and
(iii) the project or activity carried out
using each amount, in detail sufficient to reflect
the breadth, scope, and purpose of the project or
activity.
(2) Comptroller general.--Not later than 2 years and 4 years
after the date of enactment of this Act, the Comptroller General
shall submit to the Committees on Appropriations, Commerce,
Science, and Transportation, and Environment and Public Works of
the Senate and the Committee on Appropriations and Natural
Resources of the House of Representatives a report that
describes--
(A) <<NOTE: Time periods.>> the aggregate amount
expended or disbursed by all Federal departments and
agencies as a direct result of any provision of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
(including any regulation promulgated pursuant to that
Act) during--
(i) with respect to the first report, the 3
fiscal years preceding the date of submission of
the report; and
(ii) with respect to the second report, the 2
fiscal years preceding the date of submission of
the report;
(B) the provision of the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) (or regulation promulgated
pursuant to that Act) pursuant to which each such amount
was expended or disbursed; and
(C) with respect to each relevant department or
agency--
(i) the total amount expended or disbursed by
the department or agency as described in
subparagraph (A); and
(ii) the information described in clauses (i)
through (iii) of paragraph (1)(B).
(b) Report on Conservation Activities.--
(1) <<NOTE: Determination. Data. Time periods.>> Federal
departments and agencies.--At the determination of the
Comptroller General, to facilitate the preparation of the report
under paragraph (2), the head of each Federal department and
agency shall submit to the Comptroller General
[[Page 134 STAT. 941]]
data and other relevant information that describes the
conservation activities by the Federal department or agency as a
direct result of any provision of the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) (including any regulation
promulgated pursuant to that Act) during--
(A) with respect to the first report under paragraph
(2), the 3 fiscal years preceding the date of submission
of the report; and
(B) with respect to the second report under
paragraph (2), the 2 fiscal years preceding the date of
submission of the report.
(2) Comptroller general.--Not later than 2 years and 4 years
after the date of enactment of this Act, the Comptroller General
shall submit to the Committees on Commerce, Science, and
Transportation and Environment and Public Works of the Senate
and the Committee on Natural Resources of the House of
Representatives a report that--
(A) <<NOTE: Time periods.>> describes the
conservation activities by all Federal departments and
agencies for species listed as a threatened species or
endangered species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), as reported under
paragraph (1), during--
(i) with respect to the first report, the 3
fiscal years preceding the date of submission of
the report; and
(ii) with respect to the second report, the 2
fiscal years preceding the date of submission of
the report;
(B) is organized into categories with respect to
whether a recovery plan for a species has been
established;
(C) includes conservation outcomes associated with
the conservation activities; and
(D) as applicable, describes the conservation
activities that required interaction between Federal
agencies and between Federal agencies and State and
Tribal agencies and units of local government pursuant
to the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
SEC. 303. USE OF VALUE OF LAND FOR COST SHARING.
The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et
seq.) is amended--
(1) by redesignating section 13 <<NOTE: 16 USC 669 note.>>
as section 14; and
(2) by inserting after section 12 the following:
``SEC. 13. <<NOTE: 16 USC 6691.>> VALUE OF LAND.
``Notwithstanding any other provision of law, any institution
eligible to receive Federal funds under the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7601 et seq.)
shall be allowed to use the value of any land owned by
[[Page 134 STAT. 942]]
the institution as an in-kind match to satisfy any cost sharing
requirement under this Act.''.
Approved October 30, 2020.
LEGISLATIVE HISTORY--S. 3051:
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SENATE REPORTS: No. 116-239 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 166 (2020):
Sept. 16, considered and passed Senate.
Oct. 1, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
Oct. 30, Presidential statement.
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