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[Senate Report 114-210]
[From the U.S. Government Publishing Office]

                                                      Calendar No. 371
114th Congress    }                                      {      Report
                                 SENATE
 2d Session       }                                      {     114-210

======================================================================

 
                   BIPARTISAN SPORTSMEN'S ACT OF 2016

                                _______
                                

               February 24, 2016.--Ordered to be printed

                                _______
                                

    Mr. Inhofe, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                         [To accompany S. 659]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 659) to protect and enhance opportunities 
for recreational hunting, fishing, and shooting, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill, as amended, do 
pass.

                    General Statement and Background

    Hunting and fishing has long been a tradition in the United 
States for both subsistence and for recreation. According to 
the 2013 Sportsmen's Economic Impact Report from the 
Congressional Sportsmen's Foundation, roughly 37.4 million 
people engaged in hunting or fishing activities in 2011. 
Sportsmen and women inherently have special ties to the land, 
and regularly spend more than $3 billion per year on 
conservation efforts. The purpose of S. 659 is to ensure more 
access to hunting and fishing, reauthorize conservation 
programs, and encourage responsible recreational activities, by 
addressing the following issues.

TSCA regulation of ammunition and sport fishing equipment

    Anti-hunting and fishing interests are currently litigating 
against the Environmental Protection Agency (``EPA'') 
attempting to force the Agency to expand its authority under 
the Toxic Substance Control Act (``TSCA'') to regulate 
traditional ammunition and recreational fishing tackle. These 
organizations assert that this is necessary to address impacts 
to wildlife populations that are resulting nationwide from the 
use of traditional tackle and ammunition. However, the 
Committee has received testimony that there is no credible 
science to support these allegations.
    The Committee also received testimony that regulating 
ammunition and tackle under TSCA would likely result in 
significant increases in the price of ammunition and tackle for 
sportsmen due to the significantly higher raw materials and 
manufacturing costs of using alternatives to lead. The impact 
of these price increases, according to testimony received by 
the Committee, would not only would this result in the loss of 
hunters, recreational shooters and anglers, it would also have 
detrimental impacts on countless manufacturing facilities 
resulting in significant job loss.
    For the past two fiscal years, EPA's appropriations bills 
have included the following language: ``None of the funds made 
available by this or any other Act may be used to regulate the 
lead content of ammunition, ammunition components, or fishing 
tackle under the Toxic Substances Control Act (15 U.S.C. 2601 
et seq.) or any other law.''

Pittman-Robertson conservation grants for shooting ranges

    Under the Pittman-Robertson Act, excise taxes are collected 
on sporting equipment and ammunition and can be used to develop 
and maintain public shooting ranges as well as providing 
wildlife conservation funding. The Committee received testimony 
that hunters, recreational shooters and firearms, archery, and 
ammunition manufacturers are the largest financial supporters 
of wildlife conservation throughout the United States having 
contributed more than $7 billion to habitat conservation, 
recreational shooting and wildlife management through Pittman-
Robertson excise tax payments since the program's inception.
    According to testimony received by the Committee, Pittman-
Robertson funds have not always been administered in a manner 
that encourages the creation of recreational shooting 
opportunities.

Importation of polar bear trophies legally harvested before May 15, 
        2008

    The Marine Mammal Protection Act (``MMPA'') was enacted in 
1972 to prohibit, with certain exceptions, the ``take'' of 
marine mammals in U.S. waters and by U.S. citizens on the high 
seas, and the importation of marine mammals and marine mammal 
products into the U.S. MMPA protection extends to all marine 
mammals. One exception to the MMPA provides that the Secretary 
of the Interior may issue a permit for the importation of 
legally harvested polar bears taken in sport hunts in Canada 
(16 U.S.C. 1374 (5)(a)).
    However, on May 15, 2008, the United States Fish and 
Wildlife Service (``FWS'') listed the polar bear as 
``threatened'' under the Endangered Species Act (``ESA''). 
Under Section 9 ``Prohibited Act'', the FWS prohibits the 
importation of any such species into the United States (16 
U.S.C. 1538 (a)(1)(b). Thus, any polar bear trophies that were 
legally harvested before May 15, 2008, but not yet imported 
into the United States were not granted import permits. FWS 
estimates 41 polar bears were legally harvested from approved 
populations in Canada before the polar bear was listed as 
threatened under the ESA. The Committee recognizes that the 
permitting process for sport hunts in another country can take 
a significant amount of time to complete. It also recognizes 
that polar bears were legally taken in Canada, for which the 
permitting process began before the FWS considered the polar 
bear for listing.

Treatment of normal agricultural activities under the Migratory Bird 
        Treaty Act

    Under the Migratory Bird Treaty Act (``MBTA'') the hunting 
of migrating birds by aid of baiting or on or over any baited 
area can result in fines up to $10,000. The statute currently 
does not define ``baiting'' or ``baited area.'' This lack of 
defined terms has created confusion and potential liability for 
hunting on or near farmer's fields after harvest of a crop.

Right to bear arms at Water Resources Development Projects

    The Army Corps of Engineers (``Corps'') manages land around 
the over 400 reservoirs in 43 states. Under section 327.13 of 
title 36, Code of Federal Regulations, the Corps has 
promulgated regulations that prohibit the possession of loaded 
firearms, ammunition, loaded projectile firing devices, bows 
and arrows, crossbows, or other weapons at water resources 
development projects administered by the Corps. The regulations 
provide exceptions for law enforcement officers, unloaded 
firearms being transported for sporting purposes and firearms 
possessed with the written permission of the District 
Commander.
    In 2009, Congress enacted legislation which allowed for 
individuals to possess and transport firearms in and across 
National Park Service lands. However, this legislation does not 
apply to land managed by the Corps.

North American Wetlands Conservation Act

    North American Wetlands Conservation Act (``NAWCA'') is a 
program that provides grants to organizations and individuals 
who have developed partnerships to carry out wetlands 
conservation projects in the United States, Canada, and Mexico 
for the benefit of wetlands-associated migratory birds and 
other wildlife. The authorization of appropriations for this 
Act expired in 2012.

Multinational Species Conservation Funds

    The Multinational Species Conservation Funds (``MSCF'') are 
federal programs administered by the FWS that make targeted 
investments in conservation of several global priority species. 
The first Fund, for African elephants, was authorized by 
Congress in 1989 to address rampant ivory poaching. Since that 
time, four more Funds have been authorized to help protect 
Asian elephants, great apes, marine turtles, tigers and rhinos. 
Since 1989, these programs have awarded over 2,300 grants, 
targeting key regions to ensure the protection of these 
animals, but the authorizations for these programs has expired.

Neotropical Migratory Bird Conservation Act

    The Neotropical Migratory Bird Treaty Act (``the Act'') 
provides grants to support conservation of the migratory bird 
population and fosters international cooperation for 
initiatives that will perpetuate healthy bird populations. 
Since 2002, the Act has provided more than $50.1 million in 
grants to support 451 projects in 36 countries. The law was 
originally enacted in 2000 authorizing $5 million per year. 
This language would extend authorization of $6.5 million per 
year for five years. Additionally, a minimum of 75% of the 
funds must be used for projects outside the United States.

User fees at Army Corps of Engineers recreation facilities

    Current law (33 U.S.C. 2328) enables the Corps to enter 
into cooperative agreements with non-Federal public and private 
entities to provide for operation and management of 
recreational facilities and natural resources at civil works 
projects. These partnerships help ensure that Corps 
recreational facilities are well-maintained and remain open, 
and that natural resources are protected and conserved. For 
many years, the Corps used this authority to enter into 
Cooperative Joint Management agreements and leases allowing 
partners to collect and re-invest recreation user fees.
    On September 12, 2013, Corps Headquarters released new 
guidance disallowing this practice. Based upon a legal review, 
the Corps determined that this practice exceeds existing 
statutory authority by allowing partners to collect user fees 
and reinvest the proceeds to maintain and improve Corps 
facilities.

National Fish and Wildlife Foundation

    The National Fish and Wildlife Foundation (``NFWF'') was 
created by Congress in 1984 to bridge the public and private 
sector to protect and restore the country's fish, wildlife, and 
plant habitats. NFWF is an independent 501(c)(3) nonprofit 
organization. Its Board of Director is made up of 30 members 
who are appointed by the Secretary of the Interior. Its 
supports programs in all 50 states and U.S. territories.

Duplicative regulation of pesticides

    Section 301 of the Federal Water Pollution Control Act 
(Clean Water Act or CWA) prohibits the discharge of a pollutant 
into navigable waters from a point source without a permit. 33 
U.S.C. 1311(a). Consistent with the legislative history of 
FIFRA, for over 30 years, the EPA did not interpret this 
section to require a discharge permit for pesticide use when 
the pesticide is used in a manner consistent with its FIFRA 
label. However, in 2001, the U.S. Court of Appeals for the 
Ninth Circuit held in Headwaters, Inc. v. Talent Irrigation 
District that the application of herbicides to control aquatic 
weeds that were choking an irrigation canal violated the CWA 
under the circumstances before the court (which involved a 
spill, not FIFRA-compliant use). 243 F.3d 526 (9th Cir. 2001). 
In 2002, the Ninth Circuit held that aerial pesticide spraying 
by the Forest Service to control a predicted outbreak of the 
Douglas Fir Tussock Moth was regulated by the CWA. The court 
reached this conclusion even though the spraying complied with 
FIFRA because the court did not address the question of whether 
the pesticides were pollutants and instead erroneously assumed 
that the parties agreed they were pollutants. League of 
Wilderness Defenders v. Forsgren, 309 F.3d 1181 (9th Cir. 
2002).
    In response to the regulatory uncertainty created by these 
decisions, in 2006 EPA promulgated a rule to codify its long-
held position that FIFRA-compliant pesticide use is not the 
discharge of a pollutant. 71 Fed. Reg. 68,483 (Nov. 27, 2006). 
Like EPA's long-standing policy, this rule relied on compliance 
with FIFRA to protect the human health and the environment and 
determined that properly used pesticides are products, not 
wastes. Various environmental groups sued to overturn this 
rule.
    In January 2009, in National Cotton Council v. EPA, 553 
F.3d 927 (6th Cir. 2009), the Sixth Circuit vacated EPA's 2006 
rule holding that the CWA definition of ``discharge of a 
pollutant'' could include the use of pesticides if any residue 
remains after use, even though the pesticide is a product and 
not a waste at the time of discharge. This novel decision is 
not consistent with decisions in the D.C. Circuit that hold 
that the CWA does not regulate sources of pollutants. See NRDC 
v. EPA, 859 F.2d 156, 169 et seq. (D.C. Cir. 1988); American 
Iron and Steel Inst. v. EPA, 155 F.3d 979, 996 (D.C. Cir. 
1997).
    The duplicative and unnecessary regulation caused by the 
National Cotton Council decision has real world consequences. 
In an August 4, 2015, letter to the Environment and Public 
Works Committee, the American Mosquito Control Association 
said:

          Currently, mosquito control programs are vulnerable 
        to lawsuits where fines may be up to $35,000 per day 
        for activities that do not involve harm to the 
        environment, as is the standard under FIFRA, but rather 
        simple paperwork violations of the Clean Water Act 
        (CWA). In order to attempt to comply with this 
        potential liability, these government agencies must 
        divert scarce resources to CWA monitoring. In some 
        cases, some smaller applicators have simply chosen not 
        to engage in vector control activities.

    As a result, ``the regulatory burdens are potentially 
depriving the general public of the economic and health 
benefits of mosquito control.'' Given the outbreak of the 
mosquito-borne Zika virus, this is an even greater concern now.

State management of fisheries

    In parts of Florida and Texas, the state boundaries extend 
for 3 marine leagues into the ocean. Alabama, Mississippi, and 
Louisiana have boundary lines just 3 miles into the ocean. 
State boundaries can determine whether the state or the federal 
government manage the fish populations. Due to the size of the 
fishing industry, both recreational and professional, in the 
Gulf of Mexico, this unequal distribution can cause be 
impactful upon local communities.

Gray wolves

    On December 28, 2011, FWS finalized a rule to remove the 
gray wolf in the western Great Lakes (including Michigan, 
Minnesota, and Wisconsin) from the federal list of threatened 
or endangered species. However, on December 18, 2014, a federal 
judge overruled this decision, restoring federal protection for 
the species in the Western Great Lakes.
    On August 31, 2012, FWS announced its intention to publish 
a final rule removing gray wolves from the federal list of 
threatened or endangered species in Wyoming. Beginning 
September 30, 2012, wolves in Wyoming were managed by the state 
under an approval management plan. However, on September 23, 
2014, a federal judge overruled FWS's Service's decision, 
restoring federal protection for the species in Wyoming.

Alaska Wildlife Regulation

    On January 8, 2016, FWS issued the proposed regulation, 
``Non-Subsistence Take of Wildlife, and Public Participation 
and Closure Procedures, on National Wildlife Refuges in 
Alaska.'' The proposed regulation seeks to restrict access and 
limit hunting, fishing, and trapping activities. The state of 
Alaska and the Alaskan Congressional Delegation oppose this 
regulation, citing its erosion of state wildlife management in 
contravention of the Alaska National Interest Lands 
Conservation Act and the National Wildlife Refuge System 
Improvement Act.

Fish Habitat Conservation

    The National Fish Habitat Partnership is a program to 
conserve the nation's fish and aquatic communities through 
partnerships that foster fish habitat conservation. It was 
modeled after the success of the North American Wetlands 
Conservation Act (``NAWCA''). It supports existing fish habitat 
partnerships and works to foster new efforts. Additionally, it 
is focused on setting national goals to improve aquatic systems 
and reverse the decline of healthy fish habitats.

                     Objectives of the Legislation

    The Bipartisan Sportsmen's Act of 2016 contains a number of 
provisions that will increase access to hunting and fishing, 
correct inconsistencies in the law, and extend programs that 
are vital to our conservation efforts.

                      Section-by-Section Analysis

Section 1. Short title

    This Act may be cited as the ``Bipartisan Sportsmen's Act 
of 2016''

Section 2. Modification of Definition of Sport Fishing Equipment Under 
        the Toxic Substances Control Act

    Section 2 would make permanent the appropriations language 
that bans EPA from regulating ammunition and sport fishing 
tackle under TSCA by amending that Act to clarify that an 
existing exemption to EPA's authority under TSCA, for products 
subject to Pittman-Robertson excise taxes, applies not only to 
assembled cartridges but also to their component parts. This 
section also creating a similar exemption for articles of 
fishing tackle subject to Wallop-Breaux excise taxes.

Section 3. Target practice and marksmanship

    Subsection (a) states the purpose of this section.
    Subsection (b) defines the term ``public target range.''
    Subsection (c) amends the Pittman-Robertson Wildlife 
Restoration Act to provide 5 years for obligation of funds, 
allowing projects to be funded over multiple budget cycles; to 
allow a state to pay up to 90% of the costs of acquiring land 
for, expanding, or constructing public target ranges (the 
current maximum is 75%); and to increase the federal cost-share 
for public ranges to up to 90%.
    Subsection (d) states that it is the sense of Congress that 
federal land agencies should cooperate with state and local 
governments to maintain shooting ranges.

Section 4. Permits for importation of polar bear trophies taken in 
        sport hunts in Canada

    This section amends the Marine Mammal Protection Act to 
require the Secretary of the Interior to issue import permits 
for polar bear trophies legally taken in a sport hunt in 
Canada, as long as the individual seeking the permit submits 
proper documentation, including documentation that the trophy 
was taken before May 15, 2008. Under this section, the 41 
legally harvested polar bears taken prior to the species' 
``threatened'' listing that remain in Canada will be granted 
permits for importation if proper documentation is provided.

Section 5. Baiting of migratory game birds

    This section amends MBTA by defining the terms ``baited 
area,'' ``baiting'' and ``normal agricultural practices'' to 
ensure that practices carried out to produce a marketable crop 
and recommended by the applicable State office of the 
Cooperative Extension System of the Department of Agriculture 
and, if requested, with the concurrence of the head of the 
applicable State department of fish and wildlife, are not 
considered baiting under the Act.

Section 6. Protecting the right of individuals to bear arms at water 
        resources development projects

    This section prohibits the Secretary of the Army from 
promulgating or enforcing any regulation that prohibits an 
individual from possessing a firearm in any area open to the 
public (other than a Federal Facility as defined in 18 U.S.C. 
930(g)) at a water resource development project administered by 
the Corps, as long as the individual is not otherwise 
prohibited from possessing a firearm and is incompliance with 
state law in which the project is located.

Section 7. North American Wetlands Conservation Act

    This section extends the authorization of appropriations 
for NAWCA for $50 million per year for fiscal years 2016 
through 2021, and clarifies that property conveyed under this 
Act be maintained for conservation purposes.

Section 8. Multinational Species Conservation Funds reauthorization

    This section reauthorizes appropriations for the 
Multinational Species Conservation Funds. This section 
reauthorizes the African Elephant Conservation Act (16 U.S.C. 
4245(a)) from FY16 through FY20. This section reauthorizes the 
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 
5306(a)) from FY16 though FY20. This section reauthorizes the 
Asian Elephant Conservation Act of 1997 (16 U.S.C. 4266(a)) 
from FY16 through FY20. This section reauthorizes the Great Ape 
Conservation Act of 2000 (16 U.S.C. 6305) from FY16 through 
FY20 and includes an amendment to the Act to include a 
multiyear grant process for eligible applicants to carry out a 
project that demonstrates an effective, long-term conservation 
strategy for great apes and their habitats. This section 
reauthorizes the Marine Turtle Conservation Act of 2004 (16 
U.S.C. 6606) and includes an amendment to the Act to include 
those marine turtles located in territories of the United 
States.

Section 9. Reauthorization of Neotropical Migratory Bird Conservation 
        Act

    This section reauthorizes the Neotropical Migratory Bird 
Conservation Act, authorizing appropriations of $6.5 million 
for each of fiscal years 2015 through 2020. This section also 
amends the Act to require 75 percent of the funds appropriated 
each year to be spent on projects outside of the U.S.

Section 10. Challenge cost-sharing program for management of recreation 
        facilities

    This section amends the Water Resources Development Act of 
1992 to allow non-Federal entities to collect user fees at 
recreation facilities located at Corps water resources 
development projects and use those fees for operation, 
maintenance and management of the recreation site where they 
are collected. This language would restore the practice that 
existed before September 2013.

Section 11. National Fish and Wildlife Foundation Establishment Act

    This section reauthorizes the National Fish and Wildlife 
Foundation for each fiscal years 2015 through 2020.

Section 12. Use of authorized pesticides; Discharges of pesticides; 
        Report

    This section amends FIFRA and CWA to prohibit EPA from 
requiring a CWA permit for the use of pesticides in or near 
navigable waters if the pesticide is already authorized for 
sale, distribution, or use under FIFRA and is used in 
compliance with FIFRA.

Section 13. Seaward boundaries

    This section amends the Submerged Lands Act by extending 
the seaward boundaries for Alabama, Florida, Louisiana, and 
Mississippi by three or more marine leagues, about nine miles, 
from the coast line of each State for management activities 
pursuant to the fishery management plan for the reef fish 
resources of the Gulf of Mexico.

Section 14. Reissuance of final rule regarding gray wolves in the 
        Western Great Lakes

    This section requires the Secretary of the Interior to 
reissue the final rule published on December 28, 2011, which 
would de-list the gray wolf in the Western Great Lakes from the 
Endangered Species Act. The reissuance is not subject to 
judicial review.

Section 15. Reissuance of final rule regarding gray wolves in Wyoming

    This section requires the Secretary of the Interior to 
reissue the final rule published on September 10, 2012, a rule 
to de-list the gray wolf in Wyoming from the Endangered Species 
Act. The reissuance is not subject to judicial review.

Section 16. Prohibition on issuance of final rule

    This section prohibits FWS from finalizing the proposed 
rule on January 8, 2016, ``Non-Subsistence Take of Wildlife, 
and Public Participation and Closure Procedures, on National 
Wildlife Refuges in Alaska.'' It also prohibits the issuance of 
a rule that is substantially similar to the January 8, 2016. 
The proposed regulations would restrict and limit hunting and 
trapping activities in Alaska.

Section 17. National Fish Habitat Conservation

    This section would enact the ``National Fish Habitat 
Conservation Through Partnerships Act''
    Subsection (a) provides that this Act may be cited as the 
`National Fish Habitat Conservation Act'.
    Subsection (b) states that the purpose is to encourage 
partnerships among public agencies and other interested parties 
to promote fish conservation.
    Subsection (c) provides definitions of several terms used 
in the Act.
    Subsection (d) establishes the National Fish Habitat Board 
to oversee and promote the implementation of the Act, to 
establish national goals and priorities, to designate 
partnerships, and to review and recommend aquatic habitat 
projects.
    Subsection (e) establishes procedures for designating Fish 
Habitat Partnerships and outlines criteria for approval of 
partnerships.
    Subsection (f) establishes procedures for consideration of 
fish habitat projects by the Board and criteria for the board 
to use in evaluating and recommending projects for funding to 
the Secretaries of Interior and Commerce. Projects must include 
a 50% non-Federal cost share.
    Subsection (g) authorizes technical and scientific 
assistance from the Director of the FWS, Assistant 
Administrator for Fisheries of NOAA, and Director of the United 
States Geological Survey (USGS), to provide technical and 
scientific assistance to the Fish Habitat Partnerships.
    Subsection (h) provides that the Secretary of the Interior 
shall provide a notice to the appropriate State or tribal 
agency within which an activity is planned to be carried out 
pursuant with this Act no later than 30 days before the planned 
activity is implemented.
    Subsection (i) requires the Director, in cooperation with 
other agencies, to develop an interagency operational plan.
    Subsection (j) requires the Board to submit reports to 
appropriate congressional committees on the implementation of 
this section. This subsection also requires the Board to submit 
to the appropriate congressional committees a report describing 
the status of aquatic habitats in the United States by December 
31, 2016 and each five years thereafter.
    Subsection (k) states that nothing in this Act establishes 
a water right in the United States, affects any water right in 
existence, or affects state water law. This section further 
clarifies that nothing in the Act affects state rights to 
manage wildlife and fish, affects tribal rights, affects 
existing federal authorities for land or water acquisition, or 
enables the use of funds provided by the Act to acquire real 
property without the consent of the property owner. This 
section also states that nothing in this Act allows the use of 
funds for fish and wildlife mitigation under existing Federal 
laws and court settlements.
    Subsection (l) exempts the Board and Partnership from the 
Federal Advisory Committee Act (5 U.S.C. App.).
    Subsection (m) authorizes $7,200,000 for each of fiscal 
years 2016 through 2021 for the Secretary of the Interior to 
provide funds for approved fish habitat conservation projects), 
of which 5 percent shall be made available for each fiscal year 
for projects carried out by Indian tribes. This section 
authorizes five percent of the funds be used for administrative 
expenses and authorizes the Secretary to transfer to FWS, NOAA, 
and USGS $500,000 each to provide technical and scientific 
assistance.

                          Legislative History

    The Bipartisan Sportsman's Act of 2015 was introduced by 
Senator Dan Sullivan (R-AK) on March 4, 2015. The bill was 
referred to the Committee on Environment and Public Works. The 
Committee reported S. 659, as amended, favorably on January 20, 
2016.

                                Hearings

    On March 17, 2015, the subcommittee on Fisheries, Water, 
and Wildlife held a hearing to examine S. 659. The three 
witnesses included: Jeff Crane, President of the Congressional 
Sportsman's Foundation; Dale Hall, CEO of Ducks Unlimited; and 
Wayne Pacelle, President and CEO of The Humane Society of the 
United States.

                             Rollcall Votes

    On January 20, 2016, the Senate Committee on Environment 
and Public Works conducted a business meeting to consider an 
amendment in the nature of a substitute to S. 659. The bill, as 
amended, was favorably reported out of Committee by a vote of 
12-8.

Amendments approved

    Crapo-Carper-Fischer #1--An amendment to clarify 
Congressional intent regarding the regulation of the use of 
pesticides in or near navigable waters was adopted by a roll 
call vote of 12 yeas, 8 nays (Senators Barrasso, Boozman, 
Capito, Carper, Crapo, Fischer, Rounds, Sessions, Sullivan, 
Vitter, Wicker, and Inhofe voted yea, and Senators Booker, 
Boxer, Cardin, Gillibrand, Markey, Merkley, Sanders, and 
Whitehouse voted nay).
    Sullivan #1--An amendment to prohibit the Director of the 
United States Fish and Wildlife Service from issuing a final 
rule relating to predator harvest on National Wildlife Refuges 
in the State of Alaska was adopted by roll call vote of 11 
yeas, 9 nays (Senators Barrasso, Boozman, Capito, Crapo, 
Fischer, Rounds, Sessions, Sullivan, Vitter, Wicker, and Inhofe 
voted yea, and Senators Booker, Boxer, Cardin, Carper, 
Gillibrand, Markey, Merkley, Sanders, and Whitehouse voted 
nay).
    Cardin #1--An amendment to reauthorize the Neotropical 
Migratory Bird Conservation Act (adopted by unanimous voice 
vote).
    Cardin #2--An amendment to improve the National Fish and 
Wildlife Foundation Establishment Act (adopted by unanimous 
voice vote).
    Vitter #1--An amendment to establish the seaward boundaries 
of certain coastal States (as modified) was adopted by roll 
call vote of 11 yeas, 9 nays (Senators Barrasso, Boozman, 
Capito, Crapo, Fischer, Rounds, Sessions, Sullivan, Vitter, 
Wicker, and Inhofe voted yea, and Senators Booker, Boxer, 
Cardin, Carper, Gillibrand, Markey, Merkley, Sanders, and 
Whitehouse voted nay).
    Crapo #1--An amendment to conserve fish and fish habitat in 
the United States through partnerships that foster fish habitat 
conservation, enhance fish and wildlife-dependent recreation, 
and for other purposes (adopted by unanimous voice vote).
    Rounds #1--An amendment to add a provision relating to the 
conveyance of real property for wetland ecosystem conservation 
(adopted by voice vote).
    Barrasso #1--An amendment to direct the Secretary of the 
Interior to reissue final rules relating to listing the gray 
wolf in the Western Great Lakes and Wyoming under the 
Endangered Species Act of 1973 (adopted by voice vote).

Amendments rejected

    Boxer #1--An amendment to modify a provision relating to 
the definition of sport fishing equipment under the Toxic 
Substances Control Act failed by roll call vote of yeas 9, 11 
nays (Senators Booker, Boxer, Cardin, Carper, Gillibrand, 
Markey, Merkley, Sanders, and Whitehouse voted yea, and 
Senators Barrasso, Boozman, Capito, Crapo, Fischer, Rounds, 
Sessions, Sullivan, Vitter, Wicker, and Inhofe voted nay).
    Boxer #2--An amendment to modify provisions relating to 
permits for the importation of polar bear parts failed by roll 
call vote of yeas 9, 11 nays (Senators Booker, Boxer, Cardin, 
Carper, Gillibrand, Markey, Merkley, Sanders, and Whitehouse 
voted yea, and Senators Barrasso, Boozman, Capito, Crapo, 
Fischer, Rounds, Sessions, Sullivan, Vitter, Wicker, and Inhofe 
voted nay).
    Markey #1--An amendment to strike all sections except Sec. 
1, short title; Sec. 7, North American Wetlands Conservation 
Act; and Sec. 8, Multinational Species Conservation Funds 
Reauthorization (failed by voice vote).
    Boxer #4--An amendment to modify provisions relating to 
protecting the right of individuals to bear arms at water 
resources development projects failed by roll call vote of 9 
yeas, 11 nays (Senators Booker, Boxer, Cardin, Carper, 
Gillibrand, Markey, Merkley, Sanders, and Whitehouse voted yea, 
and Senators Barrasso, Boozman, Capito, Crapo, Fischer, Rounds, 
Sessions, Sullivan, Vitter, Wicker, and Inhofe voted nay).

Final Committee vote to report

    S. 659, as amended, was favorably reported by roll call 
vote of 12 yeas, 8 nays (Senators Barrasso, Boozman, Capito, 
Carper, Crapo, Fischer, Rounds, Sessions, Sullivan, Vitter, 
Wicker, and Inhofe voted yea, and Senators Booker, Boxer, 
Cardin, Gillibrand, Markey, Merkley, Sanders, and Whitehouse 
voted nay).

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes evaluation of 
the regulatory impact of the reported bill.
    The bill does not create any additional regulatory burdens, 
nor will it cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the Committee notes that the Congressional 
Budget Office found that S. 659 contains no intergovernmental 
mandates as defined in the Unfunded Mandates Reform Act (UMRA), 
and would impose no costs on state, local, or tribal 
governments. The Congressional Budget Office found that S. 
would impose a private-sector mandate as defined in UMRA by 
eliminating the ability of plaintiffs to seek judicial review 
of rules to remove certain gray wolves from the endangered 
species list. CBO estimates that the cost of the mandate would 
fall well below the annual threshold established in UMRA for 
private-sector mandates ($154 million in 2016, adjusted 
annually for inflation).

                          Cost of Legislation

                                                 February 18, 2016.
Hon. Jim Inhofe,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 659, the Bipartisan 
Sportsmen's Act of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

S. 659--Bipartisan Sportsmen's Act of 2016

    Summary: S. 659 would amend and reauthorize various 
programs conducted by the U.S. Fish and Wildlife Service 
(USFWS) related to the conservation of wetlands, certain 
species, and fish habitats. The bill also would authorize 
funding for the National Fish and Wildlife Foundation, a 
nonprofit corporation established by federal law to provide 
grants for activities related to conserving and managing fish, 
wildlife, plants, and other natural resources.
    Based on information provided by the USFWS, CBO estimates 
that implementing the legislation would cost $505 million over 
the 2016-2021 period and $95 million after 2021, assuming 
appropriation of the authorized amounts. Because enacting S. 
659 would not affect direct spending or revenues, pay-as-you-go 
procedures do not apply. CBO also estimates that enacting S. 
659 would not increase net direct spending or on-budget 
deficits in any of the four consecutive 10-year periods 
beginning in 2027.
    S. 659 contains no intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act (UMRA) and would benefit 
state, local, and tribal governments.
    S. 659 would impose a private-sector mandate as defined in 
UMRA by eliminating the ability of plaintiffs to seek judicial 
review of rules to remove certain gray wolves from the 
endangered species list. CBO estimates that the cost of the 
mandate would fall well below the annual threshold established 
in UMRA for private-sector mandates ($154 million in 2016, 
adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 659 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                             By fiscal year, in millions of dollars--
                                                ----------------------------------------------------------------
                                                   2016     2017     2018     2019     2020     2021   2016-2021
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Wetlands Conservation:
    Authorization Level........................       15       50       50       50       50       50       265
    Estimated Outlays..........................        4       16       28       37       44       48       177
Species Conservation:
    Authorization Level........................       22       37       37       37       37        0       168
    Estimated Outlays..........................       16       31       34       36       36       10       163
National Fish and Wildlife Foundation:
    Authorization Level........................       18       25       25       25       25        0       118
    Estimated Outlays..........................       18       25       25       25       25        0       118
Fish Habitat Conservation:
    Authorization Level........................        2       10       10       10       10       10        50
    Estimated Outlays..........................        1        8        9        9        9       10        46
    Total Changes:
        Authorization Level\a\.................       56      121      121      121      121       60       600
        Estimated Outlays......................       39       79       96      107      115       67       505
----------------------------------------------------------------------------------------------------------------
Note: Amounts may not sum to totals because of rounding
\a\ 1AThe U.S. Fish and Wildlife Service received appropriations totaling $65 million in fiscal year 2016 to
  carry out many of the activities that would be reauthorized under S. 659. The authorization level shown here
  for 2016 is the difference between the amounts already appropriated and the amounts that would be authorized
  by S. 659.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted in 2016 and the authorized amounts 
will be appropriated for each fiscal year. Estimated outlays 
are based on historical spending patterns for similar programs.
    S. 659 would authorize appropriations through 2021 for the 
USFWS to carry out activities related to the conservation of 
wetlands, certain species, and fish habitats. In addition, a 
portion of those amounts would be used to fund the National 
Fish and Wildlife Foundation. CBO estimates that implementing 
the legislation would cost $505 million over the 2016-2021 
period and $95 million after 2021, assuming appropriation of 
the authorized amounts.

Wetlands Conservation

    Section 7 would authorize the appropriation of $50 million 
a year through 2021 to carry out the North American Wetlands 
Conservation Act (NAWCA). Under that act, the USFWS awards 
competitive grants for projects to conserve wetlands in the 
United States, Mexico, and Canada. In 2016, the agency received 
$35 million to carry out activities related to NAWCA. CBO 
estimates that carrying out section 7 would cost $177 million 
over the 2016-2021 period and $88 million after 2021.

Species Conservation

    Sections 8 and 9 would authorize the appropriation of about 
$37 million a year through 2020 to carry out programs aimed at 
preserving various species including elephants, rhinoceros, 
tigers, great apes, marine turtles, and neotropical migratory 
birds. In 2016, the USFWS received appropriations totaling $15 
million to carry out those programs. CBO estimates that 
carrying out sections 8 and 9 would cost $163 million over the 
2016-2021 period and $5 million after 2021.

National Fish and Wildlife Foundation

    Section 11 would authorize the appropriation of $25 million 
a year through 2020 to fund activities of the National Fish and 
Wildlife Foundation. The foundation is a nonprofit corporation 
established by federal law to provide grants for activities 
related to conserving and managing fish, wildlife, plants, and 
other natural resources. In 2016, the USFWS received 
appropriations totaling $7 million to fund the foundation. CBO 
estimates that implementing section 11 would cost $118 million 
over the 2016-2021 period.

Fish Habitat Conservation

    Section 17 would authorize the appropriation of about $10 
million a year through 2021 to carry out fish habitat 
conservation projects and provide technical assistance to 
nonfederal entities. The program would be aimed at facilitating 
partnerships between the federal government and local 
governments, nonprofits, and private individuals. In 2016, the 
USFWS received appropriations totaling about $8 million to 
carry out similar activities. CBO estimates that implementing 
section 17 would cost $46 million over the 2016-2021 period and 
$4 million after 2021.
    Pay-As-You-Go considerations: None.
    Increase in long term direct spending and deficits: CBO 
estimates that enacting S. 659 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    Estimated impact on state, local, and tribal governments: 
S. 659 contains no intergovernmental as defined in UMRA and 
would benefit public entities that operate recreational 
facilities at federal water projects by allowing them to 
collect user fees to defray operating costs. The bill also 
would benefit state agencies by lowering the matching 
requirement for federal grants that support public shooting 
ranges. Finally, the bill would benefit state, local, and 
tribal governments by authorizing federal grants for 
conservation partnerships that protect fish habitats. Any costs 
incurred by those entities, including matching contributions, 
would be incurred voluntarily.
    Estimated impact on the private sector: S. 659 would impose 
a private-sector mandate as defined in UMRA on plaintiffs by 
eliminating the ability to seek judicial review of rules to 
remove gray wolves in the western Great Lakes region or in the 
state of Wyoming from the endangered species list. The cost of 
a mandate that eliminates a right of action is the forgone 
income and value of awards in such cases. Because such losses 
would generally not occur for the types of cases involved, CBO 
expects that the mandate would probably impose no costs. 
Consequently, CBO estimates that the cost of the mandate would 
fall well below the annual threshold established in UMRA for 
private-sector mandates ($154 million in 2016, adjusted 
annually for inflation).
    Estimate prepared by: Federal costs: Jeff LaFave; Impact on 
state, local, and tribal governments: Jon Sperl; Impact on the 
private sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                             MINORITY VIEWS

    The Bipartisan Sportsmen's Act of 2015, which had the 
potential to be broadly supported bipartisan legislation, has 
not lived up to its name. While the bill includes provisions--
such as the reauthorization of the North American Wetlands 
Conservation Act--that we strongly support, there are serious 
concerns with other items in the bill. We offered constructive 
compromises to address these issues, but none of those 
proposals were accepted. In addition, at the markup of this 
legislation, the Committee adopted multiple harmful and 
divisive amendments that make the legislation even more 
controversial.
    It is unfortunate that the Committee is moving forward with 
the Sportsmen's bill without addressing the serious issues 
raised by dozens of conservation, environmental and animal 
welfare groups. The bill creates broad new exemptions from the 
Toxic Substances Control Act with no ability to determine 
whether the products exempted are harmful to people. The bill 
also prevents the U.S. Army Corps of Engineers from 
implementing commonsense restrictions on firearms use on Corps 
properties, including on infrastructure that the Corps has 
determined is critical to homeland security.
    Numerous compromises were rejected that would have 
addressed these and other critical concerns. For example, a 
Republican majority of the committee voted to defeat an 
amendment intended to ensure Congress could continue to monitor 
the impacts of lead and other contaminants in fishing tackle, 
which the bill would permanently exempt from regulation under 
the Toxic Substances Control Act. Following the scandal in 
Flint, Michigan, where children have been poisoned by lead in 
the drinking water, it is shocking that such an amendment would 
be rejected on a party line vote. In addition, the Republican 
Majority failed to address concerns raised about a provision to 
add a new exemption to the Marine Mammal Protection Act for the 
importation of sport-hunted polar bear trophies and rejected 
clarifying changes to ensure that the bill did not hamper the 
ability of the U.S. Fish and Wildlife Service to enforce 
protections under the Migratory Bird Treaty Act.
    The Republican majority also voted to approve an amendment 
to roll back protection of our waters from pesticide pollution. 
The amendment would eliminate the requirement to obtain a Clean 
Water Act permit when pesticides are sprayed into rivers, 
lakes, and streams.
    The U.S. Environmental Protection Agency (EPA) has 
determined that over 1,800 waterbodies, such as streams and 
lakes, are damaged because of pesticide use. Due to limited 
monitoring, the actual number of polluted waterbodies may be 
higher. Pesticide contamination of rivers and streams has also 
been confirmed by state water pollution control agencies. 
According to EPA's National Summary of State Information, 
States report that approximately 16,819 miles of rivers and 
streams, 1,766 square miles of bays and estuaries, and 260,342 
acres of lakes are currently impaired or threatened by 
pesticides--meaning that the particular waterbody fails to meet 
a particular use, such as a source of drinking water, fish, 
shellfish, and wildlife propagation, or recreation.
    To address this pollution, EPA developed a streamlined 
application and approval process for individuals that intend to 
apply pesticides. This includes emergency procedures to allow 
for spraying of pesticides to address a pest emergency that 
could affect public health. In such emergencies, pesticide 
applicators do not have to receive approval before applying a 
pesticide.
    The potential for human exposure to pesticides through 
drinking water or other contact with water is an area of 
significant concern. Depending on the type of pesticide, an 
array of health implications can arise including: skin and eye 
irritation, nervous system impacts, impacts on adolescent 
development of children, hormone or endocrine disruption, or 
cancer. In light of this concerning information and following 
the drinking water crisis in Flint, Michigan, we should work in 
a bipartisan manner to reduce pollution, not adopt partisan 
amendments to roll back existing protections.
    The Committee also adopted amendments to take away 
protections under the Endangered Species Act for endangered 
gray wolves; to block an ongoing rulemaking to protect wildlife 
on national wildlife refuges in Alaska, which explicitly 
exempts subsistence use on these refuges and complies with the 
requirements of the Alaska National Interest Lands Conservation 
Act and the National Wildlife Refuge System Improvement Act; 
and to modify the Federal oversight of fisheries management in 
coastal waters--an issue over which the Committee does not have 
jurisdiction. We oppose these unrelated amendments that weaken 
existing safeguards for our nation's fish and wildlife and 
further undermine support for the legislation.
    While we are extremely disappointed in the approach taken 
at the markup of this legislation, we remain ready to work with 
our colleagues to produce truly bipartisan and broadly-
supported legislation that is free of poison pill provisions 
and that will benefit sportsmen and women while upholding our 
nation's landmark public health and environmental laws.
                                   Barbara Boxer.
                                   Benjamin L. Cardin.
                                   Bernard Sanders.
                                   Sheldon Whitehouse.
                                   Jeff Merkley.
                                   Kirsten Gillibrand.
                                   Cory A. Booker.
                                   Edward Markey.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *

TOXIC SUBSTANCES CONTROL ACT

           *       *       *       *       *       *       *

SEC. 2. FINDINGS, POLICY, AND INTENT.

  (a) Findings.--The Congress finds that--
          (1)* * *

           *       *       *       *       *       *       *

SEC. 3. DEFINITIONS.

   As used in this Act:
  (1) The\2\ term ``Administrator'' means the Administrator of 
the Environmental Protection Agency.
---------------------------------------------------------------------------
    \2\In Public Law 94-469, which enacted this section, the word 
``the'' was lower case. ``The'' has been shown capitalized to reflect 
the probable intent of Congress.
---------------------------------------------------------------------------
  (2)(A) Except as provided in subparagraph (B), the term 
``chemical substance'' means any organic or inorganic substance 
of a particular molecular identity, including--
          (i) any combination of such substances occurring in 
        whole or in part as a result of a chemical reaction or 
        occurring in nature, and
          (ii) any element or uncombined radical.
  (B) Such term does not include--
          (i) any mixture,
          (ii) any pesticide (as defined in the Federal 
        Insecticide, Fungicide, and Rodenticide Act) when 
        manufactured, processed, or distributed in commerce for 
        use as a pesticide,
          (iii) tobacco or any tobacco product,
          (iv) any source material, special nuclear material, 
        or byproduct material (as such terms are defined in the 
        Atomic Energy Act of 1954 and regulations issued under 
        such Act),
          (v) any article the sale of which is subject to the 
        tax imposed by section 4181 of the Internal Revenue 
        Code of 1954 (determined without regard to any 
        exemptions from such tax provided by section 4182 or 
        4221 or any other provision of such Code)and any 
        component of such an article (limited to shot shells, 
        cartridges, and components of shot shells and 
        cartridges), [and]
          (vi) any food, food additive, drug, cosmetic, or 
        device (as such terms are defined in section 201 of the 
        Federal Food, Drug, and Cosmetic Act) when 
        manufactured, processed, or distributed in commerce for 
        use as a food, food additive, drug, cosmetic, or 
        device[.] ; and
          (vii) 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), and sport fishing equipment components.
The term ``food'' as used in clause (vi) of this subparagraph 
includes poultry and poultry products (as defined in sections 
4(e) and 4(f) of the Poultry Products Inspection Act), meat and 
meat food products (as defined in section 1(j) of the Federal 
Meat Inspection Act), and eggs and egg products (as defined in 
section 4 of the Egg Products Inspection Act).

           *       *       *       *       *       *       *

PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT

           *       *       *       *       *       *       *

SEC. 2. [16 U.S.C. 669A] DEFINITIONS.

   As used in this Act--
          (1) the term ``conservation'' means the use of 
        methods and procedures necessary or desirable to 
        sustain healthy populations of wildlife, including all 
        activities associated with scientific resources 
        management such as research, census, monitoring of 
        populations, acquisition, improvement and management of 
        habitat, live trapping and transplantation, wildlife 
        damage management, and periodic or total protection of 
        a species or population, as well as the taking of 
        individuals within wildlife stock or population if 
        permitted by applicable State and Federal law;
          (2) the term `public target range' means a specific 
        location that--
                  (A) is identified by a governmental agency 
                for recreational shooting;
                  (B) is open to the public;
                  (C) may be supervised; and
                  (D) may accommodate archery or rifle, pistol, 
                or shotgun shooting;
          [(2)] (3) the term ``Secretary'' means the Secretary 
        of the Interior;
          [(3)] (4) the term ``State fish and game department'' 
        or ``State fish and wildlife department'' means any 
        department or division of department of another name, 
        or commission, or official or officials, of a State 
        empowered under its laws to exercise the functions 
        ordinarily exercised by a State fish and game 
        department or State fish and wildlife department.
          [(4)] (5) the term ``wildlife'' means any species of 
        wild, free-ranging fauna including fish, and also fauna 
        in captive breeding programs the object of which is to 
        reintroduce individuals of a depleted indigenous 
        species into previously occupied range;
          [(5)] (6) the term ``wildlife-associated recreation'' 
        means projects intended to meet the demand for outdoor 
        activities associated with wildlife including, but not 
        limited to, hunting and fishing, wildlife observation 
        and photography, such projects as construction or 
        restoration of wildlife viewing areas, observation 
        towers, blinds, platforms, land and water trails, water 
        access, field trialing, trail heads, and access for 
        such projects;
          [(6)] (7) the term ``wildlife conservation and 
        restoration program'' means a program developed by a 
        State fish and wildlife department and approved by the 
        Secretary under section 304(d), the projects that 
        constitute such a program, which may be implemented in 
        whole or part through grants and contracts by a State 
        to other State, Federal, or local agencies (including 
        those that gather, evaluate, and disseminate 
        information on wildlife and their habitats), wildlife 
        conservation organizations, and outdoor recreation and 
        conservation education entities from funds apportioned 
        under this title, and maintenance of such projects;
          [(7)] (8) the term ``wildlife conservation 
        education'' means projects, including public outreach, 
        intended to foster responsible natural resource 
        stewardship; and
          [(8)] (9) the term ``wildlife-restoration project'' 
        includes the wildlife conservation and restoration 
        program and means the selection, restoration, 
        rehabilitation, and improvement of areas of land or 
        water adaptable as feeding, resting, or breeding places 
        for wildlife, including acquisition of such areas or 
        estates or interests therein as are suitable or capable 
        of being made suitable therefor, and the construction 
        thereon or therein of such works as may be necessary to 
        make them available for such purposes and also 
        including such research into problems of wildlife 
        management as may be necessary to efficient 
        administration affecting wildlife resources, and such 
        preliminary or incidental costs and expenses as may be 
        incurred in and about such projects.

           *       *       *       *       *       *       *

SEC. 8.

  Sec. 8. [16 U.S.C. 669g] (a) Maintenance of wildlife-
restoration projects established under the provisions of this 
Act shall be the duty of the State in accordance with their 
respective laws. Beginning July 1, 1945, the term ``wildlife-
restoration project'', as defined in section 2 of this Act, 
shall include maintenance of completed projects. 
Notwithstanding any other provisions of this Act, funds 
apportioned to a State under this Act may be expended by the 
State for management (exclusive of law enforcement and public 
relations) of wildlife areas and resources. Funds from the 
Wildlife Conservation and Restoration Account may be used for a 
wildlife conservation education program, except that no such 
funds may be used for education efforts, projects, or programs 
that promote or encourage opposition to the regulated taking of 
wildlife.
  [(b) Each State]
  (b) Expenditures for Management of Wildlife Areas and 
Resources.--
          (1) In general.--Except as provided in paragraph (2), 
        each State ;may use the funds apportioned to it under 
        section 4(c) to pay up to 75 per centum of the costs of 
        a hunter safety program and the [construction, 
        operation,] operation and maintenance of public target 
        ranges, as a part of such program. [The non-Federal 
        share]
          (2) Exception.--Notwithstanding the limitation 
        described in paragraph (1), a State may pay up to 90 
        percent of the cost of acquiring land for, expanding, 
        or constructing a public target range.
          (3) Non-federal share.--The non-Federal share; of 
        such costs may be derived from license fees paid by 
        hunters, but not from other Federal grant programs. 
        [The Secretary]
          (4) Regulations.--The Secretary;shall issue not later 
        than the 120th day after the effective date of this 
        subsection such regulations as he deems advisable 
        relative to the criteria for the establishment of 
        hunter safety programs and public target ranges under 
        this subsection.

           *       *       *       *       *       *       *

SEC. 10. [16 U.S.C. 669H-1] FIREARM AND BOW HUNTER EDUCATION AND SAFETY 
                    PROGRAM GRANTS.

  (a) In General.--
          (1) Grants.--Of the revenues covered into the fund, 
        $7,500,000 for each of fiscal years 2001 and 2002, and 
        $8,000,000 for fiscal year 2003 and each fiscal year 
        thereafter, shall be apportioned among the States in 
        the manner specified in section 4(c) by the Secretary 
        of the Interior and used to make grants to the States 
        to be used for--
                  (A) in the case of a State that has not used 
                all of the funds apportioned to the State under 
                section 4(c) for the fiscal year in the manner 
                described in section 8(b)--
                          (i) the enhancement of hunter 
                        education programs, hunter and sporting 
                        firearm safety programs, and hunter 
                        development programs;
                          (ii) the enhancement of interstate 
                        coordination and development of hunter 
                        education and shooting range programs;
                          (iii) the enhancement of bow hunter 
                        and archery education, safety, and 
                        development programs; and
                          (iv) the enhancement of construction 
                        or development of firearm shooting 
                        ranges and archery ranges, and the 
                        updating of safety features of firearm 
                        shooting ranges and archery ranges; and
                  (B) in the case of a State that has used all 
                of the funds apportioned to the State under 
                section 4(c) for the fiscal year in the manner 
                described in section 8(b), any use authorized 
                by this Act (including hunter safety programs 
                and the construction, operation, and 
                maintenance of public target ranges).
          (2) Limitation on use.--Under paragraph (1), a State 
        shall not be required to use more than the amount 
        described in section 8(b) for hunter safety programs 
        and the construction, operation, and maintenance of 
        public target ranges.
          (3) Allocation of additional amounts.--Of the amount 
        apportioned to a State for any fiscal year under 
        section 4(b), the State may elect to allocate not more 
        than 10 percent, to be combined with the amount 
        apportioned to the State under paragraph (1) for that 
        fiscal year, for acquiring land for, expanding, or 
        constructing a public target range.
  [(b) Cost Sharing.--The Federal share of the cost of any 
activity carried out with a grant under this section shall not 
exceed 75 percent of the total cost of the activity.]
  (b) Cost Sharing.--
          (1) In general.--Except as provided in paragraph (2), 
        the Federal share of the cost of any activity carried 
        out using a grant under this section shall not exceed 
        75 percent of the total cost of the activity.
          (2) Public target range construction or expansion.--
        The Federal share of the cost of acquiring land for, 
        expanding, or constructing a public target range in a 
        State on Federal or non-Federal land pursuant to this 
        section or section 8(b) shall not exceed 90 percent of 
        the cost of the activity.
  (c) Period of Availability; Reapportionment.--
          (1) Period of availability.--[Amounts made]
                  (A) In general.--Except as provided in 
                subparagraph (B), amounts made available and 
                apportioned for grants under this section shall 
                remain available only for the fiscal year for 
                which the amounts are apportioned.
                  (B) Exception.--Amounts provided for 
                acquiring land for, constructing, or expanding 
                a public target range shall remain available 
                for expenditure and obligation during the 5-
                fiscal-year period beginning on October 1 of 
                the first fiscal year for which the amounts are 
                made available.

           *       *       *       *       *       *       *

MARINE MAMMAL PROTECTION ACT OF 1972

           *       *       *       *       *       *       *

SEC. 2.

  Sec. 2. [16 U.S.C. 1361] The Congress finds that--
          (1)* * *

           *       *       *       *       *       *       *

SEC. 104.

  Sec. 104. [16 U.S.C. 1374] (a) The Secretary may issue 
permits which authorize the taking or importation of any marine 
mammal. Permits for the incidental taking of marine mammals in 
the course of commercial fishing operations may only be issued 
as specifically provided for in sections\6\ 101(a)(5) or 306, 
or subsection (h) of this section.
---------------------------------------------------------------------------
    \6\So in law. Probably should be ``section''. See section 5(b)(1) 
of the Marine Mammal Protection Act Amendments of 1994 (P.L. 103-238, 
108 Stat. 537).
---------------------------------------------------------------------------
  (b) Any permit issued under this section shall--
          (1) be consistent with any applicable regulation 
        established by the Secretary under section 103 of this 
        title, and
          (2) specify
                  (A) the number and kind of animals which are 
                authorized to be taken or imported,
                  (B) the location and manner (which manner 
                must be determined by the Secretary to be 
                humane) in which they may be taken, or from 
                which they may be imported,
                  (C) the period during which the permit is 
                valid, and
                  (D) any other terms or conditions which the 
                Secretary deems appropriate.
In any case in which an application for a permit cites as a 
reason for the proposed taking the overpopulation of a 
particular species or population stock, the Secretary shall 
first consider whether or not it would be more desirable to 
transplant a number of animals (but not to exceed the number 
requested for taking in the application) of that species or 
stock to a location not then inhabited by such species or stock 
but previously inhabited by such species or stock.
  (c)(1) Any permit issued by the Secretary which authorizes 
the taking or importation of a marine mammal for purposes of 
scientific research, public display, or enhancing the survival 
or recovery of a species or stock shall specify, in addition to 
the conditions required by subsection (b) of this section, the 
methods of capture, supervision, care, and transportation which 
must be observed pursuant to such taking or importation. Any 
person authorized to take or import a marine mammal for 
purposes of scientific research, public display, or enhancing 
the survival or recovery of a species or stock shall furnish to 
the Secretary a report on all activities carried out by him 
pursuant to that authority.

           *       *       *       *       *       *       *

          (5)\9\(A) The Secretary may issue a permit for the 
        importation of polar bear parts (other than internal 
        organs) taken in sport hunts in Canada to an applicant 
        which submits with its permit application proof that 
        the polar bear was legally harvested in Canada by the 
        applicant. Such a permit shall be issued if the 
        Secretary, in consultation with the Marine Mammal 
        Commission and after notice and opportunity for public 
        comment, finds that--
---------------------------------------------------------------------------
    \9\Margins so in law. Section 5(b)(2)(D) of the Marine Mammal 
Protection Act Amendments of 1994 (P.L. 103-238, 108 Stat. 539) added 
paragraphs (5) through (10).
---------------------------------------------------------------------------
                  (i) Canada has a monitored and enforced sport 
                hunting program consistent with the purposes of 
                the Agreement on the Conservation of Polar 
                Bears;
                  (ii) Canada has a sport hunting program based 
                on scientifically sound quotas ensuring the 
                maintenance of the affected population stock at 
                a sustainable level;
                  (iii) the export and subsequent import are 
                consistent with the provisions of the 
                Convention on International Trade in Endangered 
                Species of Wild Fauna and Flora and other 
                international agreements and conventions; and
                  (iv) the export and subsequent import are not 
                likely to contribute to illegal trade in bear 
                parts.
          (B) The Secretary shall establish and charge a 
        reasonable fee for permits issued under this paragraph. 
        All fees collected under this paragraph shall be 
        available to the Secretary until expended for use in 
        developing and implementing cooperative research and 
        management programs for the conservation of polar bears 
        in Alaska and Russia pursuant to section 113(d).
          (C)(i) The Secretary shall undertake a scientific 
        review of the impact of permits issued under this 
        paragraph on the polar bear population stocks in Canada 
        within 2 years after the date of enactment of this 
        paragraph. The Secretary shall provide an opportunity 
        for public comment during the course of such review, 
        and shall include a response to such public comment in 
        the final report on such review.
          (ii) The Secretary shall not issue permits under this 
        paragraph after September 30, 1996, if the Secretary 
        determines, based on the scientific review, that the 
        issuance of permits under this paragraph is having a 
        significant adverse impact on the polar bear population 
        stocks in Canada. The Secretary may review such 
        determination annually thereafter, in light of the best 
        scientific information available, and shall complete 
        the review not later than January 31 in any year a 
        review is undertaken. The Secretary may issue permits 
        under this paragraph whenever the Secretary determines, 
        on the basis of such annual review, that the issuance 
        of permits under this paragraph is not having a 
        significant adverse impact on the polar bear population 
        stocks in Canada.
  [(D) The Secretary of the Interior shall, expeditiously after 
the expiration of the applicable 30 day period under subsection 
(d)(2), issue a permit for the importation of polar bear parts 
(other than internal organs) from polar bears taken in sport 
hunts in Canada before the date of enactment of the Marine 
Mammal Protection Act Amendments of 1994\10\, to each applicant 
who submits, with the permit application, proof that the polar 
bear was legally harvested in Canada by the applicant. The 
Secretary shall issue such permits without regard to the 
provisions of subparagraphs (A) and (C)(ii) of this paragraph, 
subsection (d)(3) of this section, and sections 101 and 102. 
This subparagraph shall not apply to polar bear parts that were 
imported before the effective date of this subparagraph.]
---------------------------------------------------------------------------
    \10\Section 149 of the Department of the Interior and Related 
Agencies Appropriations Act, 2004 (Public Law 108-108; 117 Stat. 1281) 
provides:

          (D)(i) The Secretary of the Interior shall, 
        expeditiously after the expiration of the applicable 
        30-day period under subsection (d)(2), issue a permit 
        for the importation of any polar bear part (other than 
        an internal organ) from a polar bear taken in a sport 
        hunt in Canada to any person--
                  (I) who submits, with the permit application, 
                proof that the polar bear was legally harvested 
                by the person before February 18, 1997; or
                  (II) who has submitted, in support of a 
                permit application submitted before May 15, 
                2008, proof that the polar bear was legally 
                harvested by the person before May 15, 2008, 
                from a polar bear population from which a 
                sport-hunted trophy could be imported before 
                that date in accordance with section 18.30(i) 
                of title 50, Code of Federal Regulations.
          (ii) The Secretary shall issue permits under clause 
        (i)(I) without regard to subparagraphs (A) and (C)(ii) 
        of this paragraph, subsection (d)(3), and sections 101 
        and 102. Sections 101(a)(3)(B) and 102(b)(3) shall not 
        apply to the importation of any polar bear part 
        authorized by a permit issued under clause (i)(I). This 
        clause shall not apply to polar bear parts that were 
        imported before June 12, 1997.
          (iii) The Secretary shall issue permits under clause 
        (i)(II) without regard to subparagraph (C)(ii) of this 
        paragraph or subsection (d)(3). Sections 101(a)(3)(B) 
        and 102(b)(3) shall not apply to the importation of any 
        polar bear part authorized by a permit issued under 
        clause (i)(II). This clause shall not apply to polar 
        bear parts that were imported before the date of 
        enactment of the Bipartisan Sportsmen's Act of 2016.

           *       *       *       *       *       *       *

MIGRATORY BIRD TREATY ACT

           *       *       *       *       *       *       *

SEC. 2.
  Sec. 2. [16 U.S.C. 703] (a) In General.--

           *       *       *       *       *       *       *

SEC. 3.
  Sec. 3. [16 U.S.C. 704] (a) That subject to the provisions 
and in order to carry out the purposes of the conventions, the 
Secretary of Agriculture\3\ is authorized and directed, from 
time to time, having due regard to the zones of temperature and 
to the distribution, abundance, economic value, breeding 
habits, and times and lines of migratory flight of such birds, 
to determine when, to what extent, if at all, and by what 
means, it is compatible with the terms of the conventions to 
allow hunting, taking, capture, killing, possession, sale, 
purchase, shipment, transportation, carriage, or export of any 
such bird, or any part, nest, or egg thereof, and to adopt 
suitable regulations permitting and governing the same, in 
accordance with such determinations, which regulations shall 
become effective when approved by the President.
---------------------------------------------------------------------------
    \3\Section 4(f) of Reorg. Plan No. II of 1939 (5 U.S.C. App.) 
transferred functions of the Secretary of Agriculture relating to 
conservation of wildlife, game, and migratory birds to the Secretary of 
the Interior.
---------------------------------------------------------------------------
  [(b) It shall be unlawful for any person to--
          [(1) take any migratory game bird by the aid of 
        baiting, or on or over any baited area, if the person 
        knows or reasonably should know that the area is a 
        baited area; or
          [(2) place or direct the placement of bait on or 
        adjacent to an area for the purpose of causing, 
        inducing, or allowing any person to take or attempt to 
        take any migratory game bird by the aid of baiting on 
        or over the baited area.]
  (b) Prohibition of Baiting.--
          (1) Definitions.--In this subsection:
                  (A) Baited area.--
                          (i) In general.--The term `baited 
                        area' means--
                                  (I) any area on which salt, 
                                grain, or other feed has been 
                                placed, exposed, deposited, 
                                distributed, or scattered, if 
                                the salt, grain, or feed could 
                                lure or attract migratory game 
                                birds; and
                                  (II) in the case of 
                                waterfowl, cranes (family 
                                Gruidae), and coots (family 
                                Rallidae), a standing, 
                                unharvested crop that has been 
                                manipulated through activities 
                                such as mowing, discing, or 
                                rolling, unless the activities 
                                are normal agricultural 
                                practices.
                          (ii) Exclusions.--An area shall not 
                        be considered to be a `baited area' if 
                        the area--
                                  (I) has been treated with a 
                                normal agricultural practice;
                                  (II) has standing crops that 
                                have not been manipulated; or
                                  (III) has standing crops that 
                                have been or are flooded.
                  (B) Baiting.--The term `baiting' means the 
                direct or indirect placing, exposing, 
                depositing, distributing, or scattering of 
                salt, grain, or other feed that could lure or 
                attract migratory game birds to, on, or over 
                any areas on which a hunter is attempting to 
                take migratory game birds.
                  (C) Migratory game bird.--The term `migratory 
                game bird' means migratory bird species--
                          (i) that are within the taxonomic 
                        families of Anatidae, Columbidae, 
                        Gruidae, Rallidae, and Scolopacidae; 
                        and
                          (ii) for which open seasons are 
                        prescribed by the Secretary of the 
                        Interior.
                  (D) Normal agricultural practice.--
                          (i) In general.--The term `normal 
                        agricultural practice' means any 
                        practice in 1 annual growing season 
                        that--
                                  (I) is carried out in order 
                                to produce a marketable crop, 
                                including planting, harvest, 
                                post-harvest, or soil 
                                conservation practices; and
                                  (II) is recommended for the 
                                successful harvest of a given 
                                crop by the applicable State 
                                office of the Cooperative 
                                Extension System of the 
                                Department of Agriculture, in 
                                consultation with, and if 
                                requested, the concurrence of, 
                                the head of the applicable 
                                State department of fish and 
                                wildlife.
                          (ii) Inclusions.--
                                  (I) In general.--Subject to 
                                subclause (II), the term 
                                `normal agricultural practice' 
                                includes the destruction of a 
                                crop in accordance with 
                                practices required by the 
                                Federal Crop Insurance 
                                Corporation for agricultural 
                                producers to obtain crop 
                                insurance under the Federal 
                                Crop Insurance Act (7 U.S.C. 
                                1501 et seq.) on land on which 
                                a crop during the current or 
                                immediately preceding crop year 
                                was not harvestable due to a 
                                natural disaster (including any 
                                hurricane, storm, tornado, 
                                flood, high water, wind-driven 
                                water, tidal wave, tsunami, 
                                earthquake, volcanic eruption, 
                                landslide, mudslide, drought, 
                                fire, snowstorm, or other 
                                catastrophe that is declared a 
                                major disaster by the President 
                                in accordance with section 401 
                                of the Robert T. Stafford 
                                Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 
                                5170)).
                                  (II) Limitations.--The term 
                                `normal agricultural practice' 
                                only includes a crop described 
                                in subclause (I) that has been 
                                destroyed or manipulated 
                                through activities that include 
                                (but are not limited to) 
                                mowing, discing, or rolling if 
                                the Federal Crop Insurance 
                                Corporation certifies that 
                                flooding was not an acceptable 
                                method of destruction to obtain 
                                crop insurance under the 
                                Federal Crop Insurance Act (7 
                                U.S.C. 1501 et seq.).
                  (E) Waterfowl.--The term `waterfowl' means 
                native species of the family Anatidae.
          (2) Prohibition.--It shall be unlawful for any 
        person--
                  (A) to take any migratory game bird by 
                baiting or on or over any baited area, if the 
                person knows or reasonably should know that the 
                area is a baited area; or
                  (B) to place or direct the placement of bait 
                on or adjacent to an area for the purpose of 
                causing, inducing, or allowing any person to 
                take or attempt to take any migratory game bird 
                by baiting or on or over the baited area.
          (3) Regulations.--The Secretary of the Interior may 
        promulgate regulations to implement this subsection.
          ``(4) Reports.--Annually, the Secretary of 
        Agriculture shall submit to the Secretary of the 
        Interior a report that describes any changes to normal 
        agricultural practices across the range of crops grown 
        by agricultural producers in each region of the United 
        States in which the recommendations are provided to 
        agricultural producers.

           *       *       *       *       *       *       *

NORTH AMERICAN WETLANDS CONSERVATION ACT

           *       *       *       *       *       *       *

SECTION 1. [16 U.S.C. 4401 note] SHORT TITLE.
  This Act may be cited as the ``North American Wetlands 
Conservation Act''.

SEC. 4. [16 U.S.C. 4403] ESTABLISHMENT OF NORTH AMERICAN WETLANDS 
                    CONSERVATION COUNCIL.
  (a) Council Membership.--(1) There shall be established a 
North American Wetlands Conservation Council (hereinafter in 
this Act referred to as the ``Council'') which shall consist of 
nine members who may not receive compensation as members of the 
Council. Of the Council members--
          (A) one shall be the Director of the United States 
        Fish and Wildlife Service, who shall be the responsible 
        Federal official for ensuring Council compliance with 
        the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.)\1\;
---------------------------------------------------------------------------
    \1\The amendment made by section 112(1) of Public Law 101-593 (104 
Stat. 2962) to insert ``, who shall be the responsible Federal official 
for ensuring Council compliance with the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.)'' after ``Service'' and before the 
period was inserted after ``Service'' and before the semicolon to 
reflect the probable intent of Congress.
---------------------------------------------------------------------------
          (B) one shall be the [Secretary of the Board] 
        Executive Director of the Board of the National Fish 
        and Wildlife Foundation appointed pursuant to section 
        3(g)(2)(B) of the National Fish and Wildlife Foundation 
        Establishment Act (16 U.S.C. 3702);

           *       *       *       *       *       *       *

SEC. 6. [16 U.S.C. 4405] CONDITIONS RELATING TO WETLANDS CONSERVATION 
                    PROJECTS.
  (a) Projects in the United States.--(1) Subject to the 
allocation requirements of section 8(a)(2) and the limitations 
on Federal contributions under section 8(b) of this Act, the 
Secretary shall assist in carrying out wetlands conservation 
projects in the United States, which have been approved by the 
Migratory Bird Conservation Commission, with the Federal funds 
made available under this Act and section 3(b) of the Act of 
September 2, 1937 (16 U.S.C. 669b(b)), as amended by this Act.
  (2) Except as provided in paragraph (3), any lands or waters 
or interests therein acquired in whole or in part by the 
Secretary with the Federal funds made available under this Act 
and section 3(b) of the Act of September 2, 1937 (16 U.S.C. 
669b(b)), as amended by this Act, to carry out wetlands 
conservation projects shall be included in the National 
Wildlife Refuge System.
  [(3) In lieu of]
          (3) Provision of funds or conveyance of real property 
        interest.--
                  (A) In general.--In lieu of including in the 
                National Wildlife Refuge System any lands or 
                waters or interests therein acquired under this 
                Act, the Secretary may, with the concurrence of 
                the Migratory Bird Conservation Commission, 
                grant or otherwise provide the Federal funds 
                made available under this Act and section 3(b) 
                of the Act of September 2, 1937 (16 U.S.C. 
                669b(b)), as amended by this Act or convey any 
                real property interest acquired in whole or in 
                part with such funds without cost to a State or 
                to another public agency or other entity upon a 
                finding by the Secretary that the real property 
                interests should not be included in the 
                National Wildlife Refuge System: Provided, That 
                any grant recipient shall have been so 
                identified in the project description 
                accompanying the recommendation from the 
                Council and approved by the Migratory Bird 
                Conservation Commission. [The Secretary shall]
                  (B) Determination.--The Secretary shall not 
                convey any such interest to a State, another 
                public agency or other entity unless the 
                Secretary determines that such State, agency or 
                other entity is committed to undertake the 
                management of the property being transferred in 
                accordance with the objectives of this Act, and 
                the deed or other instrument of transfer 
                contains provisions for the reversion of title 
                to the property to the United States if such 
                State, agency or other entity fails to manage 
                the property in accordance with the objectives 
                of this Act. [Any real property interest 
                conveyed pursuant to this paragraph shall be 
                subject to such terms and conditions that will 
                ensure that the interest will be administered 
                for the long-term conservation and management 
                of the wetland ecosystem and the fish and 
                wildlife dependent thereon.]
                  (C) Real property.--Any real property 
                interest conveyed under this paragraph shall be 
                subject to terms and conditions that ensure 
                that--
                          (i) the real property interest will 
                        be administered for the long-term 
                        conservation and management of the 
                        wetland ecosystem and the fish and 
                        wildlife dependent on that ecosystem;
                          (ii) the grantor of a real property 
                        interest has been provided with 
                        information relating to all available 
                        conservation options, including 
                        conservation options that involve the 
                        conveyance of a real property interest 
                        for a limited period of time; and
                          (iii) the provision of the 
                        information described in clause (ii) 
                        has been documented.

           *       *       *       *       *       *       *

SEC. 7. [16 U.S.C. 4406] AMOUNTS AVAILABLE TO CARRY OUT THIS ACT.
  (a) Aid in Wildlife Restoration.--(1) [Amends section 3 of 
the Act of September 2, 1937]
  (2) [Amends section 4(a) of the Act of September 2, 1937]
  (3) The amendments made by this subsection of this Act take 
effect October 1, 1989.
  (b) Migratory Bird Fines, Penalties, Forfeitures.--The sums 
received under section 6 of the Migratory Bird Treaty Act (16 
U.S.C. 707) as penalties or fines, or from forfeitures of 
property are authorized to be appropriated to the Department of 
the Interior for purposes of allocation under section 8 of this 
Act. This subsection shall not be construed to require the sale 
of instrumentalities.
  (c) Authorization of Appropriations.--In addition to the 
amounts made available under subsections (a) and (b) of this 
section, there are authorized to be appropriated to the 
Department of the Interior for purposes of allocation under 
section 8 of this Act not to exceed--
          (1) $55,000,000 for fiscal year 2003;
          (2) $60,000,000 for fiscal year 2004;
          (3) $65,000,000 for fiscal year 2005;
          (4) $70,000,000 for fiscal year 2006; [and]
          (5) $75,000,000 for each of fiscal years 2008 through 
        2012[.] ;and
          (6) $50,000,000 for each of fiscal years 2016 through 
        2021.
  (d) Availability of Funds.--Sums made available under this 
section shall be available until expended.

           *       *       *       *       *       *       *

AFRICAN ELEPHANT CONSERVATION ACT

           *       *       *       *       *       *       *

SEC. 2001. [16 U.S.C. 4201 note] SHORT TITLE.
  This title may be cited as the ``African Elephant 
Conservation Act''.

SEC. 2306. [16 U.S.C. 4245] AUTHORIZATION OF APPROPRIATIONS.
  (a) In General.--There is authorized to be appropriated to 
the Fund and to the Secretary a total of not to exceed 
$5,000,000 for each of fiscal years [2007 through 2012] 2016 
through 2020 to carry out this title, to remain available until 
expended.
  (b) Administrative Expenses.--Of amounts available each 
fiscal year to carry out this title, the Secretary may expend 
not more than 3 percent or $100,000, whichever is greater, to 
pay the administrative expenses necessary to carry out this 
title.

           *       *       *       *       *       *       *

RHINOCEROS AND TIGER CONSERVATION ACT OF 1994

           *       *       *       *       *       *       *

SECTION 1. [16 U.S.C. 5301 note] SHORT TITLE.
  This Act may be cited as the ``Rhinoceros and Tiger 
Conservation Act of 1994''.

SEC. 10. [16 U.S.C. 5306] AUTHORIZATION OF APPROPRIATIONS.
  (a) In General.--There is authorized to be appropriated to 
the Fund 10,000,000 for each of fiscal years [2007 through 
2012] 2016 through 2020 to carry out this Act, to remain 
available until expended.
  (b) Administrative Expenses.--Of amounts available each 
fiscal year to carry out this Act, the Secretary may expend not 
more than 3 percent or $100,000, whichever is greater, to pay 
the administrative expenses necessary to carry out this Act.

ASIAN ELEPHANT CONSERVATION ACT OF 1997

           *       *       *       *       *       *       *

SECTION 1. [16 U.S.C. 4261 note] SHORT TITLE.
  This Act may be cited as the ``Asian Elephant Conservation 
Act of 1997''.

SEC. 8. [16 U.S.C. 4266] AUTHORIZATION OF APPROPRIATIONS.
  (a) In General.--There is authorized to be appropriated to 
the Fund $5,000,000 for each of fiscal years [2007 through 
2012] 2016 through 2020 to carry out this Act, which may remain 
available until expended.
  (b) Administrative Expenses.--Of amounts available each 
fiscal year to carry out this Act, the Secretary may expend not 
more than 3 percent or $100,000, whichever is greater, to pay 
the administrative expenses necessary to carry out this Act.

           *       *       *       *       *       *       *

                   GREAT APE CONSERVATION ACT OF 2000

SEC. 6301. Findings and purposes
  (a) Findings.--
          (1) great ape populations have declined to the point 
        that the long-term survival of the species in the wild 
        is in serious jeopardy;
          (2)* * *

           *       *       *       *       *       *       *

SEC. 6303. Great ape conservation assistance
  (a) In General.-- Subject to the availability of funds and in 
consultation with other appropriate Federal officials, the 
Secretary shall use amounts in the Fund to provide financial 
assistance for projects for the conservation of great apes for 
which project proposals are approved by the Secretary in 
accordance with this section.

           *       *       *       *       *       *       *

  (i) Panel.--
          (1) In General.--[Every 2 years] Within one year 
        after the date of the enactment of the Bipartisan 
        Sportsmen's Act of 2016, and every 5 years thereafter, 
        the Secretary [may convene] shall convene a panel of 
        experts to identify the greatest needs and priorities 
        for the conservation of great apes. The panel shall, to 
        the extent practicable, include representatives from 
        foreign range states with expertise in great ape 
        conservation.
          (2) In identifying conservation needs and priorities 
        under paragraph (1), the panel shall consider relevant 
        great ape conservation plans or strategies including 
        scientific research and findings related to--
                  (A) the conservation needs and priorities of 
                great apes;
                  (B) regional or species-specific action plans 
                or strategies;
                  (C) applicable strategies developed or 
                initiated by the Secretary; and
                  (D) any other applicable conservation plan or 
                strategy.
          (3) The Secretary, subject to the availability of 
        appropriations, may pay expenses of convening and 
        facilitating meetings of the panel.
          [(2)] (4) Applicability of FACA.--The Federal 
        Advisory Committee Act (5 App. U.S.C.) shall not apply 
        to a panel convened under paragraph (1).
  (j) Multiyear Grants.--
          (1) In general.--The Secretary may award a multiyear 
        grant under this section to a person who is otherwise 
        eligible for a grant under this section, to carry out a 
        project that the person demonstrates is an effective, 
        long-term conservation strategy for great apes and 
        their habitats.
          (2) Annual grants not affected.--This subsection 
        shall not be construed as precluding the Secretary from 
        awarding grants on an annual basis.

SEC. 6304. GREAT APE CONSERVATION FUND.
  (a) Establishment--There is established in the Multinational 
Species Conservation Fund a separate account to be known as the 
``Great Ape Conservation Fund'', consisting of-
          (1) amounts transferred to the Secretary of the 
        Treasury for deposit into the Fund under subsection (e) 
        of this section;
          (2) amounts appropriated to the Fund under section 
        6305 of this title; and
          (3) any interest earned on investment of amounts in 
        the Fund under subsection (c) of this section.
  (b) Expenditures from Fund
          (1) In general.--Subject to paragraph (2), upon 
        request by the Secretary, the Secretary of the Treasury 
        shall transfer from the Fund to the Secretary, without 
        further appropriation, such amounts as the Secretary 
        determines are necessary to provide assistance under 
        section 6303 of this title.
          (2) Administrative expenses--Of the amounts in the 
        account available for each fiscal year, the Secretary 
        may expend not more than 3 percent, or up to [$100,000] 
         150,000, whichever is greater, to pay the 
        administrative expenses necessary to carry out this 
        chapter.

           *       *       *       *       *       *       *

SEC. 6305. AUTHORIZATION OF APPROPRIATIONS
    There are authorized to be appropriated to the Fund 
$5,000,000 for each of fiscal years [2006 through 2010] 2016 
through 2020.

           *       *       *       *       *       *       *

                 CHAPTER 85-MARINE TURTLE CONSERVATION

SEC. 6601. FINDINGS AND PURPOSES
  (a) Findings.--The Congress finds that-
          (1) marine turtle populations have declined to the 
        point that the long-term survival of the loggerhead, 
        green, hawksbill, Kemp's ridley, olive ridley, and 
        leatherback turtle in the wild is in serious jeopardy;
          (2)* * *

           *       *       *       *       *       *       *

  (b) Purpose--The purpose of this chapter is to assist in the 
conservation of marine turtles and the nesting habitats of 
marine turtles in foreign countries and territories of the 
United States by supporting and providing financial resources 
for projects to conserve the nesting habitats, conserve marine 
turtles in those habitats, and address other threats to the 
survival of marine turtles.

SEC. 6602. DEFINITIONS
    In this chapter:
          (1) CITES The term ``CITES'' means the Convention on 
        International Trade in Endangered Species of Wild Fauna 
        and Flora (27 UST 1087; TIAS 8249).
          (2) Conservation the term ``conservation'' means the 
        use of all methods and procedures necessary to protect 
        nesting habitats of marine turtles in foreign countries 
        and territories of the United States and of marine 
        turtles in those habitats, including-
          (3) Fund the term ``Fund'' means the Marine Turtle 
        Conservation Fund established by section 6604 of this 
        title.
          (4) Marine turtle
                  (A)* * *

           *       *       *       *       *       *       *

          (7) Territory of the united states.--The term 
        `territory of the United States' means each of Puerto 
        Rico, the United States Virgin Islands, Guam, American 
        Samoa, the Commonwealth of the Northern Mariana 
        Islands, and any other territory or possession of the 
        United States.

SEC. 6603. MARINE TURTLE CONSERVATION ASSISTANCE
  (a) In general--Subject to the availability of funds and in 
consultation with other Federal officials, the Secretary shall 
use amounts in the Fund to provide financial assistance for 
projects for the conservation of marine turtles for which 
project proposals are approved by the Secretary in accordance 
with this section.
  (b) Project proposals--
          (1) Eligible applicants--A proposal for a project for 
        the conservation of marine turtles may be submitted to 
        the Secretary by-
                  (A) any wildlife management authority of a 
                foreign country or territory of the United 
                States that has within its boundaries marine 
                turtle nesting habitat if the activities of the 
                authority directly or indirectly affect marine 
                turtle conservation; or
                  (B) any other person or group with the 
                demonstrated expertise required for the 
                conservation of marine turtles.

           *       *       *       *       *       *       *

  (d) Criteria for approval--The Secretary may approve a 
project proposal under this section if the project will help 
recover and sustain viable populations of marine turtles in the 
wild by assisting efforts in foreign countries and territories 
of the United States to implement marine turtle conservation 
programs.

SEC. 6604. MARINE TURTLE CONSERVATION FUND
  (a) Establishment--There is established in the Multinational 
Species Conservation Fund a separate account to be known as the 
``Marine Turtle Conservation Fund'', consisting of-
          (1) amounts transferred to the Secretary of the 
        Treasury for deposit into the Fund under subsection 
        (e);
          (2) amounts appropriated to the Fund under section 
        6605 of this title; and
          (3) any interest earned on investment of amounts in 
        the Fund under subsection (c).
  (b) Expenditures from Fund--
          (1) In general--Subject to paragraph (2), on request 
        by the Secretary, the Secretary of the Treasury shall 
        transfer from the Fund to the Secretary, without 
        further appropriation, such amounts as the Secretary 
        determines are necessary to carry out section 6603 of 
        this title.
          (2) Administrative Expenses--Of the amounts in the 
        account available for each fiscal year, the Secretary 
        may expend not more than 3 percent, or up to [$80,000]  
        $150,000, whichever is greater, to pay the 
        administrative expenses necessary to carry out this 
        chapter.

           *       *       *       *       *       *       *

SEC. 6606. AUTHORIZATION OF APPROPRIATIONS
    There is authorized to be appropriated to the Fund 
5,000,000 for [each of fiscal years 2005 through 2009] each of 
fiscal years 2016 through 2020.

           *       *       *       *       *       *       *

              Neotropical Migratory Bird Conservation Act

SECTION 1. [16 U.S.C. 6101 note] SHORT TITLE.
  This Act may be cited as the ``Neotropical Migratory Bird 
Conservation Act''.

[SEC. 10. [16 U.S.C. 6109] AUTHORIZATION OF APPROPRIATIONS.
  [(a) In General.--There is authorized to be appropriated to 
the Account to carry out this Act for each of fiscal years 2006 
through 2010 the amount specified for that fiscal year in 
subsection (b), to remain available until expended, of which 
not less than 75 percent of the amounts made available for each 
fiscal year shall be expended for projects carried out outside 
the United States.
  [(b) Authorized Amount.--The amount referred to in subsection 
(a) is--
          [(1) $5,000,000 for each of fiscal years 2006 and 
        2007;
          [(2) $5,500,000 for fiscal year 2008;
          [(3) $6,000,000 for fiscal year 2009; and
          [(4) $6,500,000 for fiscal year 2010.
  [(c) Availability.--Amounts appropriated under this section 
may remain available until expended.
  [(d) Allocation.--Of amounts appropriated under this section 
for each fiscal year, not less than 75 percent shall be 
expended for projects carried out outside the United States.]

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
  (a) In General.--There is authorized to be appropriated to 
carry out this Act $6,500,000 for each of fiscal years 2015 
through 2020.
  (b) Use of Funds.--Of the amounts made available under 
subsection (a) for each fiscal year, not less than 75 percent 
shall be expended for projects carried out at a location 
outside of the United States.

           *       *       *       *       *       *       *

Water Resources Development Act of 1992

           *       *       *       *       *       *       *

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
  (a) Short Title.--This Act may be cited as the ``Water 
Resources Development Act of 1992''.

SEC. 225. CHALLENGE COST-SHARING PROGRAM FOR THE MANAGEMENT OF 
                    RECREATION FACILITIES.
  (a) In General.--The Secretary is authorized to develop and 
implement a program to share the cost of managing recreation 
facilities and natural resources at water resource development 
projects under the Secretary's jurisdiction.
  (b) Cooperative Agreements.--To implement the program under 
this section, the Secretary is authorized to enter into 
cooperative agreements with non-Federal public and private 
entities to provide for operation and management of recreation 
facilities and natural resources at civil works projects under 
the Secretary's jurisdiction where such facilities and 
resources are being maintained at complete Federal expense.
  (c) User Fees.--
          (1) Collection of fees.--
                  (A) In general.--The Secretary may allow a 
                non-Federal public or private entity that has 
                entered into an agreement pursuant to 
                subsection (b) to collect user fees for the use 
                of developed recreation sites and facilities, 
                whether developed or constructed by that entity 
                or the Department of the Army.
                  (B) Use of visitor reservation services.--A 
                public or private entity described in 
                subparagraph (A) may use to manage fee 
                collections and reservations under this section 
                any visitor reservation service that the 
                Secretary has provided for by contract or 
                interagency agreement, subject to such terms 
                and conditions as the Secretary determines to 
                be appropriate.
          (2) Use of fees.--A non-Federal public or private 
        entity that collects user fees under paragraph (1) 
        may--
                  (A) retain up to 100 percent of the fees 
                collected, as determined by the Secretary; and
                  (B) notwithstanding section 210(b)(4) of the 
                Flood Control Act of 1968 (16 U.S.C. 460d-
                3(b)(4)), use that amount for operation, 
                maintenance, and management at the recreation 
                site at which the fee is collected.
          (3) Terms and conditions.--The authority of a non-
        Federal public or private entity under this subsection 
        shall be subject to such terms and conditions as the 
        Secretary determines necessary to protect the interests 
        of the United States.
  [(c)] (d) Contributions.--For purposes of carrying out this 
section the Secretary may accept contributions of funds, 
materials, and services from non-Federal public and private 
entities. Any funds received by the Secretary under this 
section shall be deposited into the account in the Treasury of 
the United States entitled ``Contributions and Advances, Rivers 
and Harbors, Corps of Engineers (8662)'' and shall be available 
until expended to carry out the purposes of this section.

           *       *       *       *       *       *       *

NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT

           *       *       *       *       *       *       *

SECTION 1. SHORT TITLE.
  This Act may be cited as the ``National Fish and Wildlife 
Foundation Establishment Act''.

SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.
  (a) Establishment and Membership.--
          (1) In general.--The Foundation shall have a 
        governing Board of Directors (referred to in this Act 
        as the ``Board''), which shall consist of 30 Directors 
        appointed in accordance with subsection (b), each of 
        whom shall be a United States citizen.
          (2) Representation of diverse points of view.--To the 
        maximum extent practicable, the membership of the Board 
        shall represent diverse points of view relating to 
        conservation and management of fish, wildlife, plants, 
        and other natural resources.
          (3) Not federal employees.--Appointment as a Director 
        of the Foundation shall not constitute employment by, 
        or the holding of an office of, the United States for 
        the purpose of any Federal law.
  (b) Appointment and Terms.--
          (1) Agency heads.--The Director of the United States 
        Fish and Wildlife Service and the Under Secretary of 
        Commerce for Oceans and Atmosphere shall be Directors 
        of the Foundation.
          [(2) Appointments by the secretary of the 
        interior].--
          (2) In general.--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.
          [(3) Terms.--
                  [(A) In general.--Subject to subparagraph 
                (B), each Director (other than a Director 
                described in paragraph (1)) shall be appointed 
                for a term of 6 years.
                  [(B) Initial appointments to new member 
                positions.--Of the Directors appointed by the 
                Secretary of the Interior under paragraph 
                (2)(B)(ii), the Secretary shall appoint, in 
                fiscal year 2001, three Directors for a term of 
                6 years.
                  [(C) Subsequent appointments to new member 
                positions.--Of the Directors appointed by the 
                Secretary of the Interior under paragraph 
                (2)(B)(ii), the Secretary shall appoint, in 
                fiscal year 2002--
                          [(i) two Directors for a term of 2 
                        years; and
                          [(ii) three Directors for a term of 4 
                        years.]
          (3) Terms.--Each Director (other than a Director 
        described in paragraph (1)) shall be appointed for a 
        term of 6 years.

           *       *       *       *       *       *       *

  (g) General Powers.--
          (1) The Board may complete the organization of the 
        Foundation by--
                  (A) appointing officers and employees;
                  (B) adopting a constitution and bylaws 
                consistent with the purposes of the Foundation 
                and the provisions of this Act; and
                  (C) undertaking of other such acts as may be 
                necessary to carry out the provisions of this 
                Act.
          (2) The following limitations apply with respect to 
        the appointment of officers and employees of the 
        Foundation:
                  [(A) Officers and employees may not be 
                appointed until the Foundation has sufficient 
                funds to pay them for their service. Officers]
                  (A) In general.--Officers and employees of 
                the Foundation shall be appointed without 
                regard to the provisions of title 5, United 
                States Code, governing appointments in the 
                competitive service, and may be paid without 
                regard to the provisions of chapter 51 and 
                subchapter III of chapter 53 of such title 
                relating to classification and General Schedule 
                pay rates.
                  [(B) The first officer or employee appointed 
                by the Board shall be the Secretary of the 
                Board who--
                          [(i) shall serve, at the direction of 
                        the Board, as its chief operating 
                        officer; and
                          [(ii) shall be knowledgeable and 
                        experienced in matters relating to fish 
                        and wildlife conservation.]
                  (B) Executive director.--The Foundation shall 
                have an Executive Director who shall be--
                          (i) appointed by, and serve at the 
                        direction of, the Board as the chief 
                        executive officer of the Foundation; 
                        and
                          (ii) knowledgeable and experienced in 
                        matters relating to fish and wildlife 
                        conservation.

                        

           *       *       *       *       *       *       *
SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.
  (a) In General.--The Foundation--
          (1) shall have perpetual succession;
          (2) may conduct business throughout the several 
        States, territories, and possessions of the United 
        States and abroad;
          (3) shall have its principal offices in the District 
        of Columbia or in a county in the State of Maryland or 
        Virginia that borders on the District of Columbia; and
          (4) shall at all times maintain a designated agent 
        authorized to accept service of process for the 
        Foundation.
The serving of notice to, or service of process upon, the agent 
required under paragraph (4), or mailed to the business address 
of such agent, shall be deemed as service upon or notice to the 
Foundation.
  (b) Seal.--The Foundation shall have an official seal 
selected by the Board which shall be judicially noticed.
  [(c) Powers.--To carry out its purposes under]
  (c) Powers.--
          (1) In general.--To carry out the purposes described 
        in; section 2, the Foundation shall have, in addition 
        to the powers otherwise given it under this Act, the 
        usual powers of a corporation acting as a trustee in 
        the District of Columbia, including the power--
                  [(1)] (A) to accept, receive, solicit, hold, 
                administer, and use any gift, devise, or 
                bequest, either absolutely or in trust, of real 
                or personal property or any income therefrom or 
                other interest therein;
                  [(2)] (B) to acquire by purchase or exchange 
                any real or personal property or interest 
                therein, subject to subsection (e);
                  [(3)] (C) to invest any funds provided to the 
                Foundation by the Federal Government in 
                obligations of the United States or in 
                obligations or securities that are guaranteed 
                or insured by the United States;
                  [(4)] (D) to deposit any funds provided to 
                the Foundation by the Federal Government into 
                accounts [that are insured by an agency or 
                instrumentality of the United States] at 1 or 
                more financial institutions that are members of 
                the Federal Deposit Insurance Corporation or 
                the Securities Investment Protection 
                Corporation;
                  [(5)] (E) to make use of any interest or 
                investment income that accrues as a consequence 
                of actions taken under [paragraph (3) or (4)] 
                subparagraph (C) or (D) to carry out the 
                purposes of the Foundation;
                  [(6)] (F) to use Federal funds to make 
                payments under cooperative agreements entered 
                into with willing private landowners to provide 
                substantial long-term benefits for the 
                restoration or enhancement of fish, wildlife, 
                plants, and other natural resources on private 
                land;
                  [(7)] (G) unless otherwise required by the 
                instrument of transfer, to sell, donate, lease, 
                invest, reinvest, retain or otherwise dispose 
                of any property or income therefrom;
                  [(8)] (H) to borrow money and issue bonds, 
                debentures, or other debt instruments;
                  [(9)] (I) to sue and be sued, and complain 
                and defend itself in any court of competent 
                jurisdiction, except that the Directors of the 
                Foundation shall not be personally liable, 
                except for gross negligence;
                  [(10)] (J) to enter into contracts or other 
                arrangements with public agencies and private 
                organizations and persons and to make such 
                payments as may be necessary to carry out its 
                functions[; and] ;
                  [(11)] (K) to do any and all acts necessary 
                and proper to carry out the purposes of the 
                Foundation.]
                  (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.
[For purposes of this Act, an interest in real property shall 
be treated as including, among other things, 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. A gift, devise, or bequest may be accepted by the 
Foundation even though it is encumbered, restricted, or subject 
to beneficial interests of private persons if any current or 
future interest therein is for the benefit of the Foundation.]
          (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.
  [(f)(1) In carrying out the purposes under section 2(b), the 
Foundation may establish a national whale conservation 
endowment fund, to be used by the Foundation to support 
research, management activities, or educational programs that 
contribute to the protection, conservation, or recovery of 
whale populations in waters of the United States.
  [(2)(A) In a manner consistent with subsection (c)(1), the 
Foundation may--
          [(i) accept, receive, solicit, hold, administer, and 
        use any gift, devise, or bequest made to the Foundation 
        for the express purpose of supporting whale 
        conservation; and
          [(ii) deposit in the endowment fund under paragraph 
        (1) any funds made available to the Foundation under 
        this subparagraph, including any income or interest 
        earned from a gift, devise, or bequest received by the 
        Foundation under this subparagraph.
  [(B) To raise funds to be deposited in the endowment fund 
under paragraph (1), the Foundation may enter into appropriate 
arrangements to provide for the design, copyright, production, 
marketing, or licensing, of logos, seals, decals, stamps, or 
any other item that the Foundation determines to be 
appropriate.
  [(C)(i) The Secretary of Commerce may transfer to the 
Foundation for deposit in the endowment fund under paragraph 
(1) any amount (or portion thereof) received by the Secretary 
under section 105(a)(1) of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1375(a)(1)) as a civil penalty assessed by the 
Secretary under that section.
  [(ii) The Directors of the Board shall ensure that any 
amounts transferred to the Foundation under clause (i) for the 
endowment fund under paragraph (1) are deposited in that fund 
in accordance with this subparagraph.
  [(3) It is the intent of Congress that in making expenditures 
from the endowment fund under paragraph (1) to carry out 
activities specified in that paragraph, the Foundation should 
give priority to funding projects that address the conservation 
of populations of whales that the Foundation determines--
          [(A) are the most endangered (including the northern 
        right whale (Eubaleana glacialis)); or
          [(B) most warrant, and are most likely to benefit 
        from, research management, or educational activities 
        that may be funded with amounts made available from the 
        fund.
  [(g) In carrying out any action on the part of the Foundation 
under subsection (f), the Directors of the Board shall consult 
with the Administrator of the National Oceanic and Atmospheric 
Administration and the Marine Mammal Commission.]
  [(h)] (f) Expenditures for Printing Services or Capital 
Equipment.--The Foundation shall not make any expenditure of 
Federal funds in connection with any one transaction for 
printing services or capital equipment that is greater than 
$10,000 unless the expenditure is approved by the Federal 
agency that administers the Federal program under which the 
funds were provided.
  [(i)] (g) Notice to Members of Congress.--The Foundation 
shall not make a grant of Federal funds in an amount greater 
than $10,000 unless, by not later than 30 days before the grant 
is made, the Foundation provides notice of the grant to the 
Member of Congress for the congressional district in which the 
project to be funded with the grant will be carried out.

           *       *       *       *       *       *       *

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
  (a) Authorization of Appropriations.--
          [(1) In general.--There are authorized to be 
        appropriated to carry out this Act for each of fiscal 
        years 2006 through 2010--
                  [(A) $25,000,000 to the Department of the 
                Interior; and
                  [(B) $5,000,000 to the Department of 
                Commerce.]
          (1) In general.--There are authorized to be 
        appropriated to carry out this Act for each of fiscal 
        years 2015 through 2020--
                  (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.

           *       *       *       *       *       *       *

  (b) Additional Authorization.--
          [(1) In general.--In addition to the amounts 
        authorized to be appropriated under subsection (a), the 
        Foundation may accept Federal funds from a Federal 
        agency under any other Federal law for use by the 
        Foundation to further the conservation and management 
        of fish, wildlife, plants, and other natural resources 
        in accordance with the requirements of this Act.]
          (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 may provide Federal funds to 
                the Foundation, 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.
          (2) Use of [funds] Amounts accepted from federal 
        agencies.--Federal funds provided to the Foundation 
        under paragraph (1) [shall be used] may be used by the 
        Foundation for matching, in whole or in part, 
        contributions (whether in currency, services, or 
        property) made to the Foundation by private persons 
        [and State and local government agencies] , State and 
        local government agencies, and other entities.
          (3) Administration of amounts.--
                  (A) In general.--In entering into contracts, 
                agreements, or other partnerships pursuant to 
                this Act, a Federal department, agency, or 
                instrumentality shall have discretion to waive 
                any competitive process applicable to the 
                department, agency, or instrumentality for 
                entering into contracts, agreements, or 
                partnerships with the Foundation if the purpose 
                of the waiver is--
                          (i) to address an environmental 
                        emergency resulting from a natural or 
                        other disaster; or
                          (ii) as determined by the head of the 
                        applicable Federal department, agency, 
                        or instrumentality, to reduce 
                        administrative expenses and expedite 
                        the conservation and management of 
                        fish, wildlife, plants, and other 
                        natural resources.
                  (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.
  (c) Prohibition on Use of Grant Amounts for Litigation and 
Lobbying Expenses.--Amounts provided as a grant by the 
Foundation shall not be used for--
          (1) any expense related to litigation; or
          (2) any activity the purpose of which is to influence 
        legislation pending before Congress.
  (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.

SEC. 11. LIMITATION ON AUTHORITY.
  Nothing in this Act authorizes the Foundation to perform any 
function the exclusive authority for which is provided to the 
National Park Foundation by subchapter II of chapter 1011 of 
title 54, United States Code.

           *       *       *       *       *       *       *

FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT

           *       *       *       *       *       *       *

SECTION 1. [7 U.S.C. prec. 121] SHORT TITLE AND TABLE OF CONTENTS.
  (a) Short Title.--This Act may be cited as the ``Federal 
Insecticide, Fungicide, and Rodenticide Act''.

SEC. 3. [7 U.S.C. 136a] REGISTRATION OF PESTICIDES.
  (a) Requirement of Registration.--Except as provided by this 
Act, no person in any State may distribute or sell to any 
person any pesticide that is not registered under this Act. To 
the extent necessary to prevent unreasonable adverse effects on 
the environment, the Administrator may by regulation limit the 
distribution, sale, or use in any State of any pesticide that 
is not registered under this Act and that is not the subject of 
an experimental use permit under section 5 or an emergency 
exemption under section 18.
  (b) Exemptions.--A pesticide which is not registered with the 
Administrator may be transferred if--
          (1)* * *

           *       *       *       *       *       *       *

  (f) Miscellaneous.--
          (1) Effect of change of labeling or formulation.--If 
        the labeling or formulation for a pesticide is changed, 
        the registration shall be amended to reflect such 
        change if the Administrator determines that the change 
        will not violate any provision of this Act.
          (2) Registration not a defense.--In no event shall 
        registration of an article be construed as a defense 
        for the commission of any offense under this Act. As 
        long as no cancellation proceedings are in effect 
        registration of a pesticide shall be prima facie 
        evidence that the pesticide, its labeling and packaging 
        comply with the registration provisions of the Act.
          (3) Authority to consult other federal agencies.--In 
        connection with consideration of any registration or 
        application for registration under this section, the 
        Administrator may consult with any other Federal 
        agency.
          (4) Mixtures of nitrogen stabilizers and fertilizer 
        products.--Any mixture or other combination of--
                  (A) 1 or more nitrogen stabilizers registered 
                under this Act; and
                  (B) 1 or more fertilizer products,
        shall not be subject to the provisions of this section 
        or sections 4, 5, 7, 15, and 17(a)(2) if the mixture or 
        other combination is accompanied by the labeling 
        required under this Act for the nitrogen stabilizer 
        contained in the mixture or other combination, the 
        mixture or combination is mixed or combined in 
        accordance with such labeling, and the mixture or 
        combination does not contain any active ingredient 
        other than the nitrogen stabilizer.
          (5) Use of authorized pesticides.--Except as provided 
        in section 402(s) of the Federal Water Pollution 
        Control Act (33 U.S.C. 1342), the Administrator or a 
        State shall not require a permit under that Act for a 
        discharge from a point source into navigable waters 
        of--
                  (A) a pesticide authorized for sale, 
                distribution, or use under this Act; or
                  (B) the residue of the pesticide, resulting 
                from the application of the pesticide.

           *       *       *       *       *       *       *

Federal Water Pollution Control Act

           *       *       *       *       *       *       *

  Sec. 101. (a) The objective of this Act is to restore and 
maintain the chemical, physical, and biological integrity of 
the Nation's waters. In order to achieve this objective it is 
hereby declared that, consistent with the provisions of this 
Act--
          (1)* * *

           *       *       *       *       *       *       *

  Sec. 402. (a)(1) Except as provided in sections 318 and 404 
of this Act, the Administrator may, after opportunity for 
public hearing, issue a permit for the discharge of any 
pollutant, or combination of pollutants, notwithstanding 
section 301(a), upon condition that such discharge will meet 
either (A) all applicable requirements under sections 301, 302, 
306, 307, 308, and 403 of this Act, or (B) prior to the taking 
of necessary implementing actions relating to all such 
requirements, such conditions as the Administrator determines 
are necessary to carry out the provisions of this Act.
  (2)* * *

           *       *       *       *       *       *       *

  (r) Discharges Incidental to the Normal Operation of 
Recreational Vessels.--No permit shall be required under this 
Act by the Administrator (or a State, in the case of a permit 
program approved under subsection (b)) for the discharge of any 
graywater, bilge water, cooling water, weather deck runoff, oil 
water separator effluent, or effluent from properly functioning 
marine engines, or any other discharge that is incidental to 
the normal operation of a vessel, if the discharge is from a 
recreational vessel.
  (s) Discharges of Pesticides.--
          (1) No permit requirement.--Except as provided in 
        paragraph (2), a permit shall not be required by the 
        Administrator or a State under this Act for a discharge 
        from a point source into navigable waters of--
                  (A) a pesticide authorized for sale, 
                distribution, or use under the Federal 
                Insecticide, Fungicide, and Rodenticide Act (7 
                U.S.C. 136 et seq.); or
                  (B) the residue of the pesticide, resulting 
                from the application of the pesticide.
          (2) Exceptions.--Paragraph (1) shall not apply to the 
        following discharges of a pesticide or pesticide 
        residue:
                  (A) A discharge resulting from the 
                application of a pesticide in violation of a 
                provision of the Federal Insecticide, 
                Fungicide, and Rodenticide Act (7 U.S.C. 136 et 
                seq.) relevant to protecting water quality if--
                          (i) the discharge would not have 
                        occurred without the violation; or
                          (ii) the amount of pesticide or 
                        pesticide residue in the discharge is 
                        greater than would have occurred 
                        without the violation.
                  (B) Stormwater discharges subject to 
                regulation under subsection (p).
                  (C) The following discharges subject to 
                regulation under this section:
                          (i) Manufacturing or industrial 
                        effluent.
                          (ii) Treatment works effluent.
                          (iii) Discharges incidental to the 
                        normal operation of a vessel, including 
                        a discharge resulting from ballasting 
                        operations or vessel biofouling 
                        prevention.

           *       *       *       *       *       *       *

                          SUBMERGED LANDS ACT
  Sec. 2. When used in this Act--
  (a) The term ``lands beneath navigable waters'' means--
          (1) all lands within the boundaries of each of the 
        respective States which are covered by nontidal waters 
        that were navigable under the laws of the United States 
        at the time such State became a member of the Union, or 
        acquired sovereignty over such lands and waters 
        thereafter, up to the ordinary high water mark as 
        heretofore or hereafter modified by accretion, erosion, 
        and reliction;
          (2) all lands permanently or periodically covered by 
        tidal waters up to but not above the line of mean high 
        tide and seaward to a line three geographical miles 
        distant from the coast line of each such State , or 3 
        marine leagues distant from the coast line of a State 
        described in section 4(b), and to the boundary line of 
        each such State where in any case such boundary as it 
        existed at the time such State became a member of the 
        Union, or as heretofore approved by Congress, extends 
        seaward (or into the Gulf of Mexico) beyond three 
        geographical miles, and
          (3) all filled in, made, or reclaimed lands which 
        formerly were lands beneath navigable waters, as 
        hereinabove defined;
  (b) The term ``boundaries'' includes the seaward boundaries 
of a State or its boundaries in the Gulf of Mexico or any of 
the Great Lakes as they existed at the time such State became a 
member of the Union, or as heretofore approved by the Congress, 
or as extended or confirmed pursuant to section 4 hereof but in 
no event shall the term ``boundaries'' or the term ``lands 
beneath navigable waters'' be interpreted as extending [from 
the coast line] more than three geographical miles from the 
coast line of a State, or more than 3 marine leagues from the 
coast line of a State described in section 4(b), into the 
Atlantic Ocean or the Pacific Ocean, or more than three marine 
leagues from the coast line of a State, or more than 3 marine 
leagues from the coast line of a State described in section 
4(b), into the Gulf of Mexico, except that any boundary between 
a State and the United States under this Act which has been or 
is hereafter fixed by coordinates under a final decree of the 
United States Supreme Court shall remain immobilized at the 
coordinates provided under such decree and shall not be 
ambulatory;

           *       *       *       *       *       *       *

  Sec. 3. Rights of the States.--
  (a) It is hereby determined and declared to be in the public 
interest that (1) title to and ownership of the lands beneath 
navigable waters within the boundaries of the respective 
States, and the natural resources within such lands and waters, 
and (2) the right and power to manage, administer, lease, 
develop, and use the said lands and natural resources all in 
accordance with applicable State law be, and they are hereby, 
subject to the provisions hereof, recognized, confirmed, 
established, and vested in and assigned to the respective 
States or the persons who were on June 5, 1950, entitled 
thereto under the law of the respective States in which the 
land is located, and the respective grantees, lessees, or 
successors in interest thereof;
  (b)(1)* * *

           *       *       *       *       *       *       *

  Sec. 4. Seaward Boundaries.--[The]
  (a) General Rule.--
          (1) In general.--Except for the States described in 
        subsection (b), the seaward boundary of each original 
        coastal State is hereby approved and confirmed as a 
        line three geographical miles distant from its coast 
        line or, in the case of the Great Lakes, to the 
        international boundary. [Any State]
          (2) Extensions.--Any State admitted subsequent to the 
        formation of the Union which has not already done so 
        may extend its seaward boundaries to a line three 
        geographical miles distant from its coast line, or to 
        the international boundaries of the United States in 
        the Great Lakes or any other body of water traversed by 
        such boundaries. [Any claim]
          (3) Claims.--Any claim heretofore or hereafter 
        asserted either by constitutional provision, statute, 
        or otherwise, indicating the intent of a State so to 
        extend its boundaries is hereby approved and confirmed, 
        without prejudice to its claim, if any it has, that its 
        boundaries extend beyond that line. [Nothing]
          (4) Prior approval.--Nothing in this section is to be 
        construed as questioning or in any manner prejudicing 
        the existence of any State's seaward boundary beyond 
        three geographical miles if it was so provided by its 
        constitution or laws prior to or at the time such State 
        became a member of the Union, or if it has been 
        heretofore approved by Congress.
  (b) Seaward Boundaries of Certain Coastal States.--Subject to 
subsection (a), for management activities pursuant to the 
fishery management plan for the reef fish resources of the Gulf 
of Mexico or any amendment to such plan, the seaward boundary 
of each of the following States shall be a line 3 marine 
leagues distant from the coast line of the State as of the date 
that is 1 day before the date of enactment of this subsection:
          (1) Alabama.
          (2) Florida.
          (3) Louisiana.
          (4) Mississippi.

                                  [all]
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