II 

115TH CONGRESS 

1ST SESSION S. 1514 

To amend certain Acts to reauthorize those Acts and to increase protections 

for wildlife, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 29, 2017 

Mr. BARRASSO (for himself, Mr. CARDIN, Mr. BOOZMAN, Ms. KLOBUCHAR, 

Mrs. CAPITO, and Ms. BALDWIN) introduced the following bill; which was 

read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

To amend certain Acts to reauthorize those Acts and to 

increase protections for wildlife, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Hunting Heritage and 

5 Environmental Legacy Preservation for Wildlife Act’’ or 

6 the ‘‘HELP for Wildlife Act’’. 

7 SEC. 2. TARGET PRACTICE AND MARKSMANSHIP. 

8 (a) PURPOSE.—The purpose of this section is to fa9 cilitate the construction and expansion of public target 


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1 ranges, including ranges on Federal land managed by the 

2 Forest Service and the Bureau of Land Management. 

3 (b) DEFINITION OF PUBLIC TARGET RANGE.—In 

4 this section, the term ‘‘public target range’’ means a spe5 cific location that— 

6 (1) is identified by a governmental agency for 

7 recreational shooting; 

8 (2) is open to the public; 

9 (3) may be supervised; and 

10 (4) may accommodate archery or rifle, pistol, or 

11 shotgun shooting. 

12 (c) AMENDMENTS TO PITTMAN-ROBERTSON WILD13 LIFE RESTORATION ACT.— 

14 (1) DEFINITIONS.—Section 2 of the Pittman15 Robertson Wildlife Restoration Act (16 U.S.C. 

16 669a) is amended— 

17 (A) by redesignating paragraphs (2) 

18 through (8) as paragraphs (3) through (9), re19 spectively; and 

20 (B) by inserting after paragraph (1) the 

21 following: 

22 ‘‘(2) the term ‘public target range’ means a 

23 specific location that— 

24 ‘‘(A) is identified by a governmental agen25 cy for recreational shooting; 


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1 ‘‘(B) is open to the public; 

2 ‘‘(C) may be supervised; and 

3 ‘‘(D) may accommodate archery or rifle, 

4 pistol, or shotgun shooting;’’. 

5 (2) EXPENDITURES FOR MANAGEMENT OF

6 WILDLIFE AREAS AND RESOURCES.—Section 8(b) of 

7 the Pittman-Robertson Wildlife Restoration Act (16 

8 U.S.C. 669g(b)) is amended— 

9 (A) by striking ‘‘(b) Each State’’ and in10 serting the following: 

11 ‘‘(b) EXPENDITURES FOR MANAGEMENT OF WILD12 LIFE AREAS AND RESOURCES.— 

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), each State’’; 

15 (B) in paragraph (1) (as so designated), in 

16 the first sentence, by striking ‘‘construction, op17 eration,’’ and inserting ‘‘operation’’; 

18 (C) in the second sentence, by striking 

19 ‘‘The non-Federal share’’ and inserting the fol20 lowing: 

21 ‘‘(3) NON-FEDERAL SHARE.—The non-Federal 

22 share’’; 

23 (D) in the third sentence, by striking ‘‘The 

24 Secretary’’ and inserting the following: 

25 ‘‘(4) REGULATIONS.—The Secretary’’; and 


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1 (E) by inserting after paragraph (1) (as 

2 designated by subparagraph (A)) the following: 

3 ‘‘(2) EXCEPTION.—Notwithstanding the limita4 tion described in paragraph (1), a State may pay up 

5 to 90 percent of the cost of acquiring land for, ex6 panding, or constructing a public target range.’’. 

7 (3) FIREARM AND BOW HUNTER EDUCATION

8 AND SAFETY PROGRAM GRANTS.—Section 10 of the 

9 Pittman-Robertson Wildlife Restoration Act (16 

10 U.S.C. 669h–1) is amended— 

11 (A) in subsection (a), by adding at the end 

12 the following: 

13 ‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.— 

14 Of the amount apportioned to a State for any fiscal 

15 year under section 4(b), the State may elect to allo16 cate not more than 10 percent, to be combined with 

17 the amount apportioned to the State under para18 graph (1) for that fiscal year, for acquiring land for, 

19 expanding, or constructing a public target range.’’; 

20 (B) by striking subsection (b) and insert21 ing the following: 

22 ‘‘(b) COST SHARING.— 

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (2), the Federal share of the cost of any activ25 ity carried out using a grant under this section shall 


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1 not exceed 75 percent of the total cost of the activ2 ity. 

3 ‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR

4 EXPANSION.—The Federal share of the cost of ac5 quiring land for, expanding, or constructing a public 

6 target range in a State on Federal or non-Federal 

7 land pursuant to this section or section 8(b) shall 

8 not exceed 90 percent of the cost of the activity.’’; 

9 and 

10 (C) in subsection (c)(1)— 

11 (i) by striking ‘‘Amounts made’’ and 

12 inserting the following: 

13 ‘‘(A) IN GENERAL.—Except as provided in 

14 subparagraph (B), amounts made’’; and 

15 (ii) by adding at the end the fol16 lowing: 

17 ‘‘(B) EXCEPTION.—Amounts provided for 

18 acquiring land for, constructing, or expanding a 

19 public target range shall remain available for 

20 expenditure and obligation during the 5-fiscal21 year period beginning on October 1 of the first 

22 fiscal year for which the amounts are made 

23 available.’’. 

24 (d) SENSE OF CONGRESS REGARDING COOPERA25 TION.—It is the sense of Congress that, consistent with 


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1 applicable laws (including regulations), the Chief of the 

2 Forest Service and the Director of the Bureau of Land 

3 Management should cooperate with State and local au4 thorities and other entities to carry out waste removal and 

5 other activities on any Federal land used as a public target 

6 range to encourage continued use of that land for target 

7 practice or marksmanship training. 

8 SEC. 3. BAITING OF MIGRATORY GAME BIRDS. 

9 Section 3 of the Migratory Bird Treaty Act (16 

10 U.S.C. 704) is amended by striking subsection (b) and in11 serting the following: 

12 ‘‘(b) PROHIBITION OF BAITING.— 

13 ‘‘(1) DEFINITIONS.—In this subsection: 

14 ‘‘(A) BAITED AREA.— 

15 ‘‘(i) IN GENERAL.—The term ‘baited 

16 area’ means— 

17 ‘‘(I) any area on which salt, 

18 grain, or other feed has been placed, 

19 exposed, deposited, distributed, or 

20 scattered, if the salt, grain, or feed 

21 could lure or attract migratory game 

22 birds; and 

23 ‘‘(II) in the case of waterfowl, 

24 cranes (family Gruidae), and coots 

25 (family Rallidae), a standing, 


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1 unharvested crop that has been ma2 nipulated through activities such as 

3 mowing, discing, or rolling, unless the 

4 activities are normal agricultural prac5 tices. 

6 ‘‘(ii) EXCLUSIONS.—An area shall not 

7 be considered to be a ‘baited area’ if the 

8 area— 

9 ‘‘(I) has been treated with a nor10 mal agricultural practice; 

11 ‘‘(II) has standing crops that 

12 have not been manipulated; or 

13 ‘‘(III) has standing crops that 

14 have been or are flooded. 

15 ‘‘(B) BAITING.—The term ‘baiting’ means 

16 the direct or indirect placing, exposing, depos17 iting, distributing, or scattering of salt, grain, 

18 or other feed that could lure or attract migra19 tory game birds to, on, or over any areas on 

20 which a hunter is attempting to take migratory 

21 game birds. 

22 ‘‘(C) MIGRATORY GAME BIRD.—The term 

23 ‘migratory game bird’ means migratory bird 

24 species— 


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1 ‘‘(i) that are within the taxonomic 

2 families of Anatidae, Columbidae, Gruidae, 

3 Rallidae, and Scolopacidae; and 

4 ‘‘(ii) for which open seasons are pre5 scribed by the Secretary of the Interior. 

6 ‘‘(D) NORMAL AGRICULTURAL PRAC7 TICE.— 

8 ‘‘(i) IN GENERAL.—The term ‘normal 

9 agricultural practice’ means any practice in 

10 1 annual growing season that— 

11 ‘‘(I) is carried out in order to 

12 produce a marketable crop, including 

13 planting, harvest, post-harvest, or soil 

14 conservation practices; and 

15 ‘‘(II) is recommended for the 

16 successful harvest of a given crop by 

17 the applicable State office of the Co18 operative Extension System of the De19 partment of Agriculture, in consulta20 tion with, and if requested, the con21 currence of, the head of the applicable 

22 State department of fish and wildlife. 

23 ‘‘(ii) INCLUSIONS.— 

24 ‘‘(I) IN GENERAL.—Subject to 

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1 cultural practice’ includes the destruc2 tion of a crop in accordance with 

3 practices required by the Federal 

4 Crop Insurance Corporation for agri5 cultural producers to obtain crop in6 surance under the Federal Crop In7 surance Act (7 U.S.C. 1501 et seq.) 

8 on land on which a crop during the 

9 current or immediately preceding crop 

10 year was not harvestable due to a nat11 ural disaster (including any hurricane, 

12 storm, tornado, flood, high water, 

13 wind-driven water, tidal wave, tsu14 nami, earthquake, volcanic eruption, 

15 landslide, mudslide, drought, fire, 

16 snowstorm, or other catastrophe that 

17 is declared a major disaster by the 

18 President in accordance with section 

19 401 of the Robert T. Stafford Dis20 aster Relief and Emergency Assist21 ance Act (42 U.S.C. 5170)). 

22 ‘‘(II) LIMITATIONS.—The term 

23 ‘normal agricultural practice’ only in24 cludes a crop described in subclause 

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1 ulated through activities that include 

2 (but are not limited to) mowing, 

3 discing, or rolling if the Federal Crop 

4 Insurance Corporation certifies that 

5 flooding was not an acceptable method 

6 of destruction to obtain crop insur7 ance under the Federal Crop Insur8 ance Act (7 U.S.C. 1501 et seq.). 

9 ‘‘(E) WATERFOWL.—The term ‘waterfowl’ 

10 means native species of the family Anatidae. 

11 ‘‘(2) PROHIBITION.—It shall be unlawful for 

12 any person— 

13 ‘‘(A) to take any migratory game bird by 

14 baiting or on or over any baited area, if the 

15 person knows or reasonably should know that 

16 the area is a baited area; or 

17 ‘‘(B) to place or direct the placement of 

18 bait on or adjacent to an area for the purpose 

19 of causing, inducing, or allowing any person to 

20 take or attempt to take any migratory game 

21 bird by baiting or on or over the baited area. 

22 ‘‘(3) REGULATIONS.—The Secretary of the In23 terior may promulgate regulations to implement this 

24 subsection. 


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1 ‘‘(4) REPORTS.—Annually, the Secretary of Ag2 riculture shall submit to the Secretary of the Inte3 rior a report that describes any changes to normal 

4 agricultural practices across the range of crops 

5 grown by agricultural producers in each region of 

6 the United States in which the recommendations are 

7 provided to agricultural producers.’’. 

8 SEC. 4. NORTH AMERICAN WETLANDS CONSERVATION ACT. 

9 (a) REAL PROPERTY.—Section 6(a)(3) of the North 

10 American Wetlands Conservation Act (16 U.S.C. 

11 4405(a)(3)) is amended— 

12 (1) by striking ‘‘(3) in lieu of’’ and inserting 

13 the following: 

14 ‘‘(3) PROVISION OF FUNDS OR CONVEYANCE OF

15 REAL PROPERTY INTEREST.— 

16 ‘‘(A) IN GENERAL.—In lieu of’’; 

17 (2) in the second sentence, by striking ‘‘The 

18 Secretary shall’’ and inserting the following: 

19 ‘‘(B) DETERMINATION.—The Secretary 

20 shall’’; and 

21 (3) by striking the third sentence and inserting 

22 the following: 

23 ‘‘(C) REAL PROPERTY.—Any real property 

24 interest conveyed under this paragraph shall be 


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1 subject to terms and conditions that ensure 

2 that— 

3 ‘‘(i) the real property interest will be 

4 administered for the long-term conserva5 tion and management of the wetland eco6 system and the fish and wildlife dependent 

7 on that ecosystem; 

8 ‘‘(ii) the grantor of a real property in9 terest has been provided with information 

10 relating to all available conservation op11 tions, including conservation options that 

12 involve the conveyance of a real property 

13 interest for a limited period of time; and 

14 ‘‘(iii) the provision of the information 

15 described in clause (ii) has been docu16 mented.’’. 

17 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

18 7(c) of the North American Wetlands Conservation Act 

19 (16 U.S.C. 4406(c)) is amended— 

20 (1) in paragraph (4), by striking ‘‘and’’; 

21 (2) in paragraph (5), by striking the period at 

22 the end and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(6) $50,000,000 for each of fiscal years 2018 

25 through 2022.’’. 


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1 SEC. 5. NATIONAL FISH AND WILDLIFE FOUNDATION ES2 TABLISHMENT ACT. 

3 (a) BOARD OF DIRECTORS OF FOUNDATION.— 

4 (1) IN GENERAL.—Section 3 of the National 

5 Fish and Wildlife Foundation Establishment Act (16 

6 U.S.C. 3702) is amended— 

7 (A) in subsection (b)— 

8 (i) by striking paragraph (2) and in9 serting the following: 

10 ‘‘(2) IN GENERAL.—After consulting with the 

11 Secretary of Commerce and considering the rec12 ommendations submitted by the Board, the Sec13 retary of the Interior shall appoint 28 Directors 

14 who, to the maximum extent practicable, shall— 

15 ‘‘(A) be knowledgeable and experienced in 

16 matters relating to the conservation of fish, 

17 wildlife, or other natural resources; and 

18 ‘‘(B) represent a balance of expertise in 

19 ocean, coastal, freshwater, and terrestrial re20 source conservation.’’; and 

21 (ii) by striking paragraph (3) and in22 serting the following: 

23 ‘‘(3) TERMS.—Each Director (other than a Di24 rector described in paragraph (1)) shall be appointed 

25 for a term of 6 years.’’; and 

26 (B) in subsection (g)(2)— 


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1 (i) in subparagraph (A), by striking 

2 ‘‘(A) Officers and employees may not be 

3 appointed until the Foundation has suffi4 cient funds to pay them for their service. 

5 Officers’’ and inserting the following: 

6 ‘‘(A) IN GENERAL.—Officers’’; and 

7 (ii) by striking subparagraph (B) and 

8 inserting the following: 

9 ‘‘(B) EXECUTIVE DIRECTOR.—The Foun10 dation shall have an Executive Director who 

11 shall be— 

12 ‘‘(i) appointed by, and serve at the di13 rection of, the Board as the chief executive 

14 officer of the Foundation; and 

15 ‘‘(ii) knowledgeable and experienced in 

16 matters relating to fish and wildlife con17 servation.’’. 

18 (2) CONFORMING AMENDMENT.—Section 

19 4(a)(1)(B) of the North American Wetlands Con20 servation Act (16 U.S.C. 4403(a)(1)(B)) is amended 

21 by striking ‘‘Secretary of the Board’’ and inserting 

22 ‘‘Executive Director of the Board’’. 

23 (b) RIGHTS AND OBLIGATIONS OF FOUNDATION.— 

24 Section 4 of the National Fish and Wildlife Foundation 

25 Establishment Act (16 U.S.C. 3703) is amended— 


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1 (1) in subsection (c)— 

2 (A) by striking ‘‘(c) POWERS.—To carry 

3 out its purposes under’’ and inserting the fol4 lowing: 

5 ‘‘(c) POWERS.— 

6 ‘‘(1) IN GENERAL.—To carry out the purposes 

7 described in’’; 

8 (B) by redesignating paragraphs (1) 

9 through (11) as subparagraphs (A) through 

10 (K), respectively, and indenting appropriately; 

11 (C) in subparagraph (D) (as redesignated 

12 by subparagraph (B)), by striking ‘‘that are in13 sured by an agency or instrumentality of the 

14 United States’’ and inserting ‘‘at 1 or more fi15 nancial institutions that are members of the 

16 Federal Deposit Insurance Corporation or the 

17 Securities Investment Protection Corporation’’; 

18 (D) in subparagraph (E) (as redesignated 

19 by subparagraph (B)), by striking ‘‘paragraph 

20 (3) or (4)’’ and inserting ‘‘subparagraph (C) or 

21 (D)’’; 

22 (E) in subparagraph (J) (as redesignated 

23 by subparagraph (B)), by striking ‘‘and’’ at the 

24 end; 


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1 (F) by striking subparagraph (K) (as re2 designated by subparagraph (B)) and inserting 

3 the following: 

4 ‘‘(K) to receive and administer restitution 

5 and community service payments, amounts for 

6 mitigation of impacts to natural resources, and 

7 other amounts arising from legal, regulatory, or 

8 administrative proceedings, subject to the con9 dition that the amounts are received or admin10 istered for purposes that further the conserva11 tion and management of fish, wildlife, plants, 

12 and other natural resources; and 

13 ‘‘(L) to do acts necessary to carry out the 

14 purposes of the Foundation.’’; and 

15 (G) by striking the undesignated matter at 

16 the end and inserting the following: 

17 ‘‘(2) TREATMENT OF REAL PROPERTY.— 

18 ‘‘(A) IN GENERAL.—For purposes of this 

19 Act, an interest in real property shall be treated 

20 as including easements or other rights for pres21 ervation, conservation, protection, or enhance22 ment by and for the public of natural, scenic, 

23 historic, scientific, educational, inspirational, or 

24 recreational resources. 


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1 ‘‘(B) ENCUMBERED REAL PROPERTY.—A 

2 gift, devise, or bequest may be accepted by the 

3 Foundation even though the gift, devise, or be4 quest is encumbered, restricted, or subject to 

5 beneficial interests of private persons if any 

6 current or future interest in the gift, devise, or 

7 bequest is for the benefit of the Foundation. 

8 ‘‘(3) SAVINGS CLAUSE.—The acceptance and 

9 administration of amounts by the Foundation under 

10 paragraph (1)(K) does not alter, supersede, or limit 

11 any regulatory or statutory requirement associated 

12 with those amounts.’’; 

13 (2) by striking subsections (f) and (g); and 

14 (3) by redesignating subsections (h) and (i) as 

15 subsections (f) and (g), respectively. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

17 10 of the National Fish and Wildlife Foundation Estab18 lishment Act (16 U.S.C. 3709) is amended— 

19 (1) in subsection (a), by striking paragraph (1) 

20 and inserting the following: 

21 ‘‘(1) IN GENERAL.—There are authorized to be 

22 appropriated to carry out this Act for each of fiscal 

23 years 2018 through 2022— 

24 ‘‘(A) $15,000,000 to the Secretary of the 

25 Interior; 


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1 ‘‘(B) $5,000,000 to the Secretary of Agri2 culture; and 

3 ‘‘(C) $5,000,000 to the Secretary of Com4 merce.’’; 

5 (2) in subsection (b)— 

6 (A) by striking paragraph (1) and insert7 ing the following: 

8 ‘‘(1) AMOUNTS FROM FEDERAL AGENCIES.— 

9 ‘‘(A) IN GENERAL.—In addition to the 

10 amounts authorized to be appropriated under 

11 subsection (a), Federal departments, agencies, 

12 or instrumentalities are authorized to provide 

13 funds to the Foundation through Federal finan14 cial assistance grants and cooperative agree15 ments, subject to the condition that the 

16 amounts are used for purposes that further the 

17 conservation and management of fish, wildlife, 

18 plants, and other natural resources in accord19 ance with this Act. 

20 ‘‘(B) ADVANCES.—Federal departments, 

21 agencies, or instrumentalities may advance 

22 amounts described in subparagraph (A) to the 

23 Foundation in a lump sum without regard to 

24 when the expenses for which the amounts are 

25 used are incurred. 


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1 ‘‘(C) MANAGEMENT FEES.—The Founda2 tion may assess and collect fees for the manage3 ment of amounts received under this para4 graph.’’; 

5 (B) in paragraph (2)— 

6 (i) in the paragraph heading, by strik7 ing ‘‘FUNDS’’ and inserting ‘‘AMOUNTS’’; 

8 (ii) by striking ‘‘shall be used’’ and in9 serting ‘‘may be used’’; and 

10 (iii) by striking ‘‘and State and local 

11 government agencies’’ and inserting ‘‘, 

12 State and local government agencies, and 

13 other entities’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(3) ADMINISTRATION OF AMOUNTS.— 

16 ‘‘(A) IN GENERAL.—In entering into con17 tracts, agreements, or other partnerships pursu18 ant to this Act, a Federal department, agency, 

19 or instrumentality shall have discretion to waive 

20 any competitive process applicable to the de21 partment, agency, or instrumentality for enter22 ing into contracts, agreements, or partnerships 

23 with the Foundation if the purpose of the waiv24 er is— 


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1 ‘‘(i) to address an environmental 

2 emergency resulting from a natural or 

3 other disaster; or 

4 ‘‘(ii) as determined by the head of the 

5 applicable Federal department, agency, or 

6 instrumentality, to reduce administrative 

7 expenses and expedite the conservation and 

8 management of fish, wildlife, plants, and 

9 other natural resources. 

10 ‘‘(B) REPORTS.—The Foundation shall in11 clude in the annual report submitted under sec12 tion 7(b) a description of any use of the author13 ity under subparagraph (A) by a Federal de14 partment, agency, or instrumentality in that fis15 cal year.’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(d) USE OF GIFTS, DEVISES, OR BEQUESTS OF

18 MONEY OR OTHER PROPERTY.—Any gifts, devises, or be19 quests of amounts or other property, or any other amounts 

20 or other property, transferred to, deposited with, or other21 wise in the possession of the Foundation pursuant to this 

22 Act, may be made available by the Foundation to Federal 

23 departments, agencies, or instrumentalities and may be 

24 accepted and expended (or the disposition of the amounts 

25 or property directed), without further appropriation, by 


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1 those Federal departments, agencies, or instrumentalities, 

2 subject to the condition that the amounts or property be 

3 used for purposes that further the conservation and man4 agement of fish, wildlife, plants, and other natural re5 sources.’’. 

6 (d) LIMITATION ON AUTHORITY.—Section 11 of the 

7 National Fish and Wildlife Foundation Establishment Act 

8 (16 U.S.C. 3710) is amended by inserting ‘‘exclusive’’ be9 fore ‘‘authority’’. 

10 SEC. 6. REAUTHORIZATION OF NEOTROPICAL MIGRATORY 

11 BIRD CONSERVATION ACT. 

12 Section 10 of the Neotropical Migratory Bird Con13 servation Act (16 U.S.C. 6109) is amended to read as fol14 lows: 

15 ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

16 ‘‘(a) IN GENERAL.—There is authorized to be appro17 priated to carry out this Act $6,500,000 for each of fiscal 

18 years 2018 through 2022. 

19 ‘‘(b) USE OF FUNDS.—Of the amounts made avail20 able under subsection (a) for each fiscal year, not less than 

21 75 percent shall be expended for projects carried out at 

22 a location outside of the United States.’’. 


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1 SEC. 7. REISSUANCE OF FINAL RULE REGARDING GRAY 

2 WOLVES IN WESTERN GREAT LAKES. 

3 Before the end of the 60-day period beginning on the 

4 date of enactment of this Act, the Secretary of the Interior 

5 shall reissue the final rule published on December 28, 

6 2011 (76 Fed. Reg. 81666), without regard to any other 

7 provision of statute or regulation that applies to issuance 

8 of such rule. Such reissuance shall not be subject to judi9 cial review. 

10 SEC. 8. REISSUANCE OF FINAL RULE REGARDING GRAY 

11 WOLVES IN WYOMING. 

12 The final rule published on September 10, 2012 (77 

13 Fed. Reg. 55530) that was reinstated on March 3, 2017, 

14 by the decision of the U.S. Court of Appeals for the Dis15 trict of Columbia (No. 14–5300) and further republished 

16 on May 1, 2017 (82 Fed. Reg. 20284–85) that reinstates 

17 the removal of Federal protections for the gray wolf in 

18 Wyoming under the Endangered Species Act of 1973, as 

19 amended, shall not be subject to judicial review. 

20 SEC. 9. MODIFICATION OF DEFINITION OF SPORT FISHING 

21 EQUIPMENT UNDER TOXIC SUBSTANCES 

22 CONTROL ACT. 

23 Section 3(2)(B) of the Toxic Substances Control Act 

24 (15 U.S.C. 2602(2)(B)) is amended— 

25 (1) in clause (v), by striking ‘‘and’’ at the end; 


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1 (2) in clause (vi) by striking the period at the 

2 end and inserting ‘‘, and’’; and 

3 (3) by inserting after clause (vi) the following: 

4 ‘‘(vii) any sport fishing equipment (as such 

5 term is defined in section 4162(a) of the Internal 

6 Revenue Code of 1986) the sale of which is subject 

7 to the tax imposed by section 4161(a) of such Code 

8 (determined without regard to any exemptions from 

9 such tax provided by section 4162 or 4221 or any 

10 other provision of such Code), and sport fishing 

11 equipment components.’’. 

12 SEC. 10. REAUTHORIZATION OF CHESAPEAKE BAY PRO13 GRAM. 

14 Section 117 of the Federal Water Pollution Control 

15 Act (33 U.S.C. 1267) is amended by striking subsection 

16 (j) and inserting the following: 

17 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

18 is authorized to be appropriated to carry out this section 

19 $90,000,000 for each of fiscal years 2018 through 2022.’’. 

20 SEC. 11. REAUTHORIZATION OF CHESAPEAKE BAY INITIA21 TIVE ACT OF 1998. 

22 Section 502(c) of the Chesapeake Bay Initiative Act 

23 of 1998 (Public Law 105–312; 112 Stat. 2963; 129 Stat. 

24 2579) is amended by striking ‘‘2017’’ and inserting 

25 ‘‘2023’’. 


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1 SEC. 12. NATIONAL FISH HABITAT CONSERVATION 

2 THROUGH PARTNERSHIPS. 

3 (a) PURPOSE.—The purpose of this section is to en4 courage partnerships among public agencies and other in5 terested parties to promote fish conservation— 

6 (1) to achieve measurable habitat conservation 

7 results through strategic actions of Fish Habitat 

8 Partnerships that lead to better fish habitat condi9 tions and increased fishing opportunities by— 

10 (A) improving ecological conditions; 

11 (B) restoring natural processes; or 

12 (C) preventing the decline of intact and 

13 healthy systems; 

14 (2) to establish a consensus set of national con15 servation strategies as a framework to guide future 

16 actions and investment by Fish Habitat Partner17 ships; 

18 (3) to broaden the community of support for 

19 fish habitat conservation by— 

20 (A) increasing fishing opportunities; 

21 (B) fostering the participation of local 

22 communities, especially young people in local 

23 communities, in conservation activities; and 

24 (C) raising public awareness of the role 

25 healthy fish habitat play in the quality of life 

26 and economic well-being of local communities; 


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1 (4) to fill gaps in the National Fish Habitat As2 sessment and the associated database of the Na3 tional Fish Habitat Assessment— 

4 (A) to empower strategic conservation ac5 tions supported by broadly available scientific 

6 information; and 

7 (B) to integrate socioeconomic data in the 

8 analysis to improve the lives of humans in a 

9 manner consistent with fish habitat conserva10 tion goals; and 

11 (5) to communicate to the public and conserva12 tion partners— 

13 (A) the conservation outcomes produced 

14 collectively by Fish Habitat Partnerships; and 

15 (B) new opportunities and voluntary ap16 proaches for conserving fish habitat. 

17 (b) DEFINITIONS.—In this section: 

18 (1) APPROPRIATE CONGRESSIONAL COMMIT19 TEES.—The term ‘‘appropriate congressional com20 mittees’’ means— 

21 (A) the Committee on Commerce, Science, 

22 and Transportation and the Committee on En23 vironment and Public Works of the Senate; and 

24 (B) the Committee on Natural Resources 

25 of the House of Representatives. 


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1 (2) BOARD.—The term ‘‘Board’’ means the Na2 tional Fish Habitat Board established by subsection 

3 (c)(1)(A). 

4 (3) DIRECTOR.—The term ‘‘Director’’ means 

5 the Director of the United States Fish and Wildlife 

6 Service. 

7 (4) EPA ASSISTANT ADMINISTRATOR.—The 

8 term ‘‘EPA Assistant Administrator’’ means the As9 sistant Administrator for Water of the Environ10 mental Protection Agency. 

11 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

12 has the meaning given the term in section 4 of the 

13 Indian Self-Determination and Education Assistance 

14 Act (25 U.S.C. 5304). 

15 (6) NOAA ASSISTANT ADMINISTRATOR.—The 

16 term ‘‘NOAA Assistant Administrator’’ means the 

17 Assistant Administrator for Fisheries of the Na18 tional Oceanic and Atmospheric Administration. 

19 (7) PARTNERSHIP.—The term ‘‘Partnership’’ 

20 means a self-governed entity designated by Congress 

21 as a Fish Habitat Partnership under subsection 

22 (d)(6) after a recommendation by the Board under 

23 subsection (d)(1). 


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1 (8) REAL PROPERTY INTEREST.—The term 

2 ‘‘real property interest’’ means an ownership interest 

3 in— 

4 (A) land; or 

5 (B) water (including water rights). 

6 (9) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior. 

8 (10) STATE.—The term ‘‘State’’ means each of 

9 the several States. 

10 (11) STATE AGENCY.—The term ‘‘State agen11 cy’’ means— 

12 (A) the fish and wildlife agency of a State; 

13 and 

14 (B) any department or division of a de15 partment or agency of a State that manages in 

16 the public trust the inland or marine fishery re17 sources or sustains the habitat for those fishery 

18 resources of the State pursuant to State law or 

19 the constitution of the State. 

20 (c) NATIONAL FISH HABITAT BOARD.— 

21 (1) ESTABLISHMENT.— 

22 (A) FISH HABITAT BOARD.—There is es23 tablished a board, to be known as the ‘‘National 

24 Fish Habitat Board’’, whose duties are— 


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1 (i) to promote, oversee, and coordinate 

2 the implementation of this section; 

3 (ii) to establish national goals and pri4 orities for fish habitat conservation; 

5 (iii) to recommend to Congress enti6 ties for designation as Partnerships; and 

7 (iv) to review and make recommenda8 tions regarding fish habitat conservation 

9 projects. 

10 (B) MEMBERSHIP.—The Board shall be 

11 composed of 25 members, of whom— 

12 (i) 1 shall be a representative of the 

13 Department of the Interior; 

14 (ii) 1 shall be a representative of the 

15 United States Geological Survey; 

16 (iii) 1 shall be a representative of the 

17 Department of Commerce; 

18 (iv) 1 shall be a representative of the 

19 Department of Agriculture; 

20 (v) 1 shall be a representative of the 

21 Association of Fish and Wildlife Agencies; 

22 (vi) 4 shall be representatives of State 

23 agencies, 1 of whom shall be nominated by 

24 a regional association of fish and wildlife 

25 agencies from each of the Northeast, 


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1 Southeast, Midwest, and Western regions 

2 of the United States; 

3 (vii) 1 shall be a representative of ei4 ther— 

5 (I) Indian tribes in the State of 

6 Alaska; or 

7 (II) Indian tribes in States other 

8 than the State of Alaska; 

9 (viii) 1 shall be a representative of ei10 ther— 

11 (I) the Regional Fishery Manage12 ment Councils established under sec13 tion 302 of the Magnuson-Stevens 

14 Fishery Conservation and Manage15 ment Act (16 U.S.C. 1852); or 

16 (II) a representative of the Ma17 rine Fisheries Commissions, which is 

18 composed of— 

19 (aa) the Atlantic States Ma20 rine Fisheries Commission; 

21 (bb) the Gulf States Marine 

22 Fisheries Commission; and 

23 (cc) the Pacific States Ma24 rine Fisheries Commission; 


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1 (ix) 1 shall be a representative of the 

2 Sportfishing and Boating Partnership 

3 Council; 

4 (x) 7 shall be representatives selected 

5 from each of— 

6 (I) the recreational sportfishing 

7 industry; 

8 (II) the commercial fishing in9 dustry; 

10 (III) marine recreational anglers; 

11 (IV) freshwater recreational an12 glers; 

13 (V) habitat conservation organi14 zations; and 

15 (VI) science-based fishery organi16 zations; 

17 (xi) 1 shall be a representative of a 

18 national private landowner organization; 

19 (xii) 1 shall be a representative of an 

20 agricultural production organization; 

21 (xiii) 1 shall be a representative of 

22 local government interests involved in fish 

23 habitat restoration; 


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1 (xiv) 2 shall be representatives from 

2 different sectors of corporate industries, 

3 which may include— 

4 (I) natural resource commodity 

5 interests, such as petroleum or min6 eral extraction; 

7 (II) natural resource user indus8 tries; and 

9 (III) industries with an interest 

10 in fish and fish habitat conservation; 

11 and 

12 (xv) 1 shall be a leadership private 

13 sector or landowner representative of an 

14 active partnership. 

15 (C) COMPENSATION.—A member of the 

16 Board shall serve without compensation. 

17 (D) TRAVEL EXPENSES.—A member of the 

18 Board may be allowed travel expenses, includ19 ing per diem in lieu of subsistence, at rates au20 thorized for an employee of an agency under 

21 subchapter I of chapter 57 of title 5, United 

22 States Code, while away from the home or reg23 ular place of business of the member in the per24 formance of the duties of the Board. 

25 (2) APPOINTMENT AND TERMS.— 


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1 (A) IN GENERAL.—Except as otherwise 

2 provided in this subsection, a member of the 

3 Board described in any of clauses (vi) through 

4 (xiv) of paragraph (1)(B) shall serve for a term 

5 of 3 years. 

6 (B) INITIAL BOARD MEMBERSHIP.— 

7 (i) IN GENERAL.—The initial Board 

8 will consist of representatives as described 

9 in clauses (i) through (vi) of paragraph 

10 (1)(B). 

11 (ii) REMAINING MEMBERS.—Not later 

12 than 60 days after the date of enactment 

13 of this Act, the representatives of the ini14 tial Board pursuant to clause (i) shall ap15 point the remaining members of the Board 

16 described in clauses (viii) through (xiv) of 

17 paragraph (1)(B). 

18 (iii) TRIBAL REPRESENTATIVES.—Not 

19 later than 60 days after the enactment of 

20 this Act, the Secretary shall provide to the 

21 Board a recommendation of not fewer than 

22 3 tribal representatives, from which the 

23 Board shall appoint 1 representative pur24 suant to clause (vii) of paragraph (1)(B). 


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1 (C) TRANSITIONAL TERMS.—Of the mem2 bers described in paragraph (1)(B)(x) initially 

3 appointed to the Board— 

4 (i) 2 shall be appointed for a term of 

5 1 year; 

6 (ii) 2 shall be appointed for a term of 

7 2 years; and 

8 (iii) 3 shall be appointed for a term of 

9 3 years. 

10 (D) VACANCIES.— 

11 (i) IN GENERAL.—A vacancy of a 

12 member of the Board described in any of 

13 clauses (viii) through (xiv) of paragraph 

14 (1)(B) shall be filled by an appointment 

15 made by the remaining members of the 

16 Board. 

17 (ii) TRIBAL REPRESENTATIVES.—Fol18 lowing a vacancy of a member of the 

19 Board described in clause (vii) of para20 graph (1)(B), the Secretary shall rec21 ommend to the Board a list of not fewer 

22 than 3 tribal representatives, from which 

23 the remaining members of the Board shall 

24 appoint a representative to fill the vacancy. 


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1 (E) CONTINUATION OF SERVICE.—An indi2 vidual whose term of service as a member of the 

3 Board expires may continue to serve on the 

4 Board until a successor is appointed. 

5 (F) REMOVAL.—If a member of the Board 

6 described in any of clauses (viii) through (xiv) 

7 of paragraph (1)(B) misses 3 consecutive regu8 larly scheduled Board meetings, the members of 

9 the Board may— 

10 (i) vote to remove that member; and 

11 (ii) appoint another individual in ac12 cordance with subparagraph (D). 

13 (3) CHAIRPERSON.— 

14 (A) IN GENERAL.—The representative of 

15 the Association of Fish and Wildlife Agencies 

16 appointed pursuant to paragraph (1)(B)(v) 

17 shall serve as Chairperson of the Board. 

18 (B) TERM.—The Chairperson of the Board 

19 shall serve for a term of 3 years. 

20 (4) MEETINGS.— 

21 (A) IN GENERAL.—The Board shall 

22 meet— 

23 (i) at the call of the Chairperson; but 

24 (ii) not less frequently than twice each 

25 calendar year. 


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1 (B) PUBLIC ACCESS.—All meetings of the 

2 Board shall be open to the public. 

3 (5) PROCEDURES.— 

4 (A) IN GENERAL.—The Board shall estab5 lish procedures to carry out the business of the 

6 Board, including— 

7 (i) a requirement that a quorum of 

8 the members of the Board be present to 

9 transact business; 

10 (ii) a requirement that no rec11 ommendations may be adopted by the 

Board, except by the vote of 2 12 ⁄3 of all mem13 bers; 

14 (iii) procedures for establishing na15 tional goals and priorities for fish habitat 

16 conservation for the purposes of this sec17 tion; 

18 (iv) procedures for designating Part19 nerships under subsection (d); and 

20 (v) procedures for reviewing, evalu21 ating, and making recommendations re22 garding fish habitat conservation projects. 

23 (B) QUORUM.—A majority of the members 

24 of the Board shall constitute a quorum. 

25 (d) FISH HABITAT PARTNERSHIPS.— 


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1 (1) AUTHORITY TO RECOMMEND.—The Board 

2 may recommend to Congress the designation of Fish 

3 Habitat Partnerships in accordance with this sub4 section. 

5 (2) PURPOSES.—The purposes of a Partnership 

6 shall be— 

7 (A) to work with other regional habitat 

8 conservation programs to promote cooperation 

9 and coordination to enhance fish and fish habi10 tats; 

11 (B) to engage local and regional commu12 nities to build support for fish habitat conserva13 tion; 

14 (C) to involve diverse groups of public and 

15 private partners; 

16 (D) to develop collaboratively a strategic 

17 vision and achievable implementation plan that 

18 is scientifically sound; 

19 (E) to leverage funding from sources that 

20 support local and regional partnerships; 

21 (F) to use adaptive management prin22 ciples, including evaluation of project success 

23 and functionality; 

24 (G) to develop appropriate local or regional 

25 habitat evaluation and assessment measures 


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1 and criteria that are compatible with national 

2 habitat condition measures; and 

3 (H) to implement local and regional pri4 ority projects that improve conditions for fish 

5 and fish habitat. 

6 (3) CRITERIA FOR DESIGNATION.—An entity 

7 seeking to be designated by Congress as a Partner8 ship shall— 

9 (A) submit to the Board an application at 

10 such time, in such manner, and containing such 

11 information as the Board may reasonably re12 quire; and 

13 (B) demonstrate to the Board that the en14 tity has— 

15 (i) a focus on promoting the health of 

16 important fish and fish habitats; 

17 (ii) an ability to coordinate the imple18 mentation of priority projects that support 

19 the goals and national priorities set by the 

20 Board that are within the Partnership 

21 boundary; 

22 (iii) a self-governance structure that 

23 supports the implementation of strategic 

24 priorities for fish habitat; 


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1 (iv) the ability to develop local and re2 gional relationships with a broad range of 

3 entities to further strategic priorities for 

4 fish and fish habitat; 

5 (v) a strategic plan that details re6 quired investments for fish habitat con7 servation that addresses the strategic fish 

8 habitat priorities of the Partnership and 

9 supports and meets the strategic priorities 

10 of the Board; 

11 (vi) the ability to develop and imple12 ment fish habitat conservation projects 

13 that address strategic priorities of the 

14 Partnership and the Board; and 

15 (vii) the ability to develop fish habitat 

16 conservation priorities based on sound 

17 science and data, the ability to measure 

18 the effectiveness of fish habitat projects of 

19 the Partnership, and a clear plan as to 

20 how Partnership science and data compo21 nents will be integrated with the overall 

22 Board science and data effort. 

23 (4) REQUIREMENTS FOR RECOMMENDATION TO

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1 ship submitted under paragraph (3)(A) if the Board 

2 determines that the applicant— 

3 (A) meets the criteria described in para4 graph (3)(B); 

5 (B) identifies representatives to provide 

6 support and technical assistance to the Partner7 ship from a diverse group of public and private 

8 partners, which may include State or local gov9 ernments, nonprofit entities, Indian tribes, and 

10 private individuals, that are focused on con11 servation of fish habitats to achieve results 

12 across jurisdictional boundaries on public and 

13 private land; 

14 (C) is organized to promote the health of 

15 important fish species and important fish habi16 tats, including reservoirs, natural lakes, coastal 

17 and marine environments, and estuaries; 

18 (D) identifies strategic fish and fish habi19 tat priorities for the Partnership area in the 

20 form of geographical focus areas or key 

21 stressors or impairments to facilitate strategic 

22 planning and decisionmaking; 

23 (E) is able to address issues and priorities 

24 on a nationally significant scale; 

25 (F) includes a governance structure that— 


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1 (i) reflects the range of all partners; 

2 and 

3 (ii) promotes joint strategic planning 

4 and decisionmaking by the applicant; 

5 (G) demonstrates completion of, or signifi6 cant progress toward the development of, a 

7 strategic plan to address the decline in fish pop8 ulations, rather than simply treating symptoms, 

9 in accordance with the goals and national prior10 ities established by the Board; and 

11 (H) promotes collaboration in developing a 

12 strategic vision and implementation program 

13 that is scientifically sound and achievable. 

14 (5) REPORT TO CONGRESS.— 

15 (A) IN GENERAL.—Not later than Feb16 ruary 1 of the first fiscal year beginning after 

17 the date of enactment of this Act and each Feb18 ruary 1 thereafter, the Board shall develop and 

19 submit to the appropriate congressional com20 mittees an annual report, to be entitled ‘‘Report 

21 to Congress on Future Fish Habitat Partner22 ships and Modifications’’, that— 

23 (i) identifies any entity that— 

24 (I) meets the requirements de25 scribed in paragraph (4); and 


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1 (II) the Board recommends for 

2 designation as a Partnership; 

3 (ii) describes any proposed modifica4 tions to a Partnership previously des5 ignated by Congress under paragraph (6); 

6 (iii) with respect to each entity rec7 ommended for designation as a Partner8 ship, describes, to the maximum extent 

9 practicable— 

10 (I) the purpose of the rec11 ommended Partnership; and 

12 (II) how the recommended Part13 nership fulfills the requirements de14 scribed in paragraph (4). 

15 (B) PUBLIC AVAILABILITY; NOTIFICA16 TION.—The Board shall— 

17 (i) make the report publicly available, 

18 including on the Internet; and 

19 (ii) provide to the appropriate con20 gressional committees and the State agen21 cy of any State included in a recommended 

22 Partnership area written notification of the 

23 public availability of the report. 


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1 (6) DESIGNATION OR MODIFICATION OF PART2 NERSHIP.—Congress shall have the sole authority to 

3 designate or modify a Partnership. 

4 (7) EXISTING PARTNERSHIPS.— 

5 (A) DESIGNATION REVIEW.—Not later 

6 than 5 years after the date of enactment of this 

7 Act, any fish habitat partnership receiving Fed8 eral funds as of the date of enactment of this 

9 Act shall be subject to a designation review by 

10 Congress in which Congress shall have the op11 portunity to designate the partnership under 

12 paragraph (6). 

13 (B) INELIGIBILITY FOR FEDERAL

14 FUNDS.—A partnership referred to in subpara15 graph (A) that Congress does not designate as 

16 described in that subparagraph shall be ineli17 gible to receive Federal funds under this sec18 tion. 

19 (e) FISH HABITAT CONSERVATION PROJECTS.— 

20 (1) SUBMISSION TO BOARD.—Not later than 

21 March 31 of each calendar year, each Partnership 

22 shall submit to the Board a list of priority fish habi23 tat conservation projects recommended by the Part24 nership for annual funding under this section. 


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1 (2) RECOMMENDATIONS BY BOARD.—Not later 

2 than July 1 of each calendar year, the Board shall 

3 submit to the Secretary a priority list of fish habitat 

4 conservation projects that includes the description, 

5 including estimated costs, of each project that the 

6 Board recommends that the Secretary approve and 

7 fund under this section for the following fiscal year. 

8 (3) CRITERIA FOR PROJECT SELECTION.—The 

9 Board shall select each fish habitat conservation 

10 project to be recommended to the Secretary under 

11 paragraph (2) after taking into consideration, at a 

12 minimum, the following information: 

13 (A) A recommendation of the Partnership 

14 that is, or will be, participating actively in im15 plementing the fish habitat conservation 

16 project. 

17 (B) The capabilities and experience of 

18 project proponents to implement successfully 

19 the proposed project. 

20 (C) The extent to which the fish habitat 

21 conservation project — 

22 (i) fulfills a local or regional priority 

23 that is directly linked to the strategic plan 

24 of the Partnership and is consistent with 

25 the purpose of this section; 


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1 (ii) addresses the national priorities 

2 established by the Board; 

3 (iii) is supported by the findings of 

4 the Habitat Assessment of the Partnership 

5 or the Board, and aligns or is compatible 

6 with other conservation plans; 

7 (iv) identifies appropriate monitoring 

8 and evaluation measures and criteria that 

9 are compatible with national measures; 

10 (v) provides a well-defined budget 

11 linked to deliverables and outcomes; 

12 (vi) leverages other funds to imple13 ment the project; 

14 (vii) addresses the causes and proc15 esses behind the decline of fish or fish 

16 habitats; and 

17 (viii) includes an outreach or edu18 cation component that includes the local or 

19 regional community. 

20 (D) The availability of sufficient non-Fed21 eral funds to match Federal contributions for 

22 the fish habitat conservation project, as re23 quired by paragraph (5); 

24 (E) The extent to which the local or re25 gional fish habitat conservation project— 


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1 (i) will increase fish populations in a 

2 manner that leads to recreational fishing 

3 opportunities for the public; 

4 (ii) will be carried out through a coop5 erative agreement among Federal, State, 

6 and local governments, Indian tribes, and 

7 private entities; 

8 (iii) increases public access to land or 

9 water for fish and wildlife-dependent rec10 reational opportunities; 

11 (iv) advances the conservation of fish 

12 and wildlife species that have been identi13 fied by the States as species of greatest 

14 conservation need; 

15 (v) where appropriate, advances the 

16 conservation of fish and fish habitats 

17 under the Magnuson-Stevens Fishery Con18 servation and Management Act (16 U.S.C. 

19 1801 et seq.) and other relevant Federal 

20 law and State wildlife action plans; and 

21 (vi) promotes strong and healthy fish 

22 habitats so that desired biological commu23 nities are able to persist and adapt. 

24 (F) The substantiality of the character and 

25 design of the fish habitat conservation project. 


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1 (4) LIMITATIONS.— 

2 (A) REQUIREMENTS FOR EVALUATION.— 

3 No fish habitat conservation project may be 

4 recommended by the Board under paragraph 

5 (2) or provided financial assistance under this 

6 section unless the fish habitat conservation 

7 project includes an evaluation plan designed 

8 using applicable Board guidance— 

9 (i) to appropriately assess the biologi10 cal, ecological, or other results of the habi11 tat protection, restoration, or enhancement 

12 activities carried out using the assistance; 

13 (ii) to reflect appropriate changes to 

14 the fish habitat conservation project if the 

15 assessment substantiates that the fish 

16 habitat conservation project objectives are 

17 not being met; 

18 (iii) to identify improvements to exist19 ing fish populations, recreational fishing 

20 opportunities and the overall economic ben21 efits for the local community of the fish 

22 habitat conservation project; and 

23 (iv) to require the submission to the 

24 Board of a report describing the findings 

25 of the assessment. 


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1 (B) ACQUISITION AUTHORITIES.— 

2 (i) IN GENERAL.—A State, local gov3 ernment, or other non-Federal entity is eli4 gible to receive funds for the acquisition of 

5 real property from willing sellers under 

6 this section if the acquisition ensures 1 

7 of— 

8 (I) public access for compatible 

9 fish and wildlife-dependent recreation; 

10 or 

11 (II) a scientifically based, direct 

12 enhancement to the health of fish and 

13 fish populations, as determined by the 

14 Board. 

15 (ii) STATE AGENCY APPROVAL.— 

16 (I) IN GENERAL.—All real prop17 erty interest acquisition projects fund18 ed under this section are required to 

19 be approved by the State agency in 

20 the State in which the project is oc21 curring. 

22 (II) PROHIBITION.—The Board 

23 may not recommend, and the Sec24 retary may not provide any funding 

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1 tion that has not been approved by 

2 the State agency. 

3 (iii) ASSESSMENT OF OTHER AU4 THORITIES.—The Fish Habitat Partner5 ship shall conduct a project assessment, 

6 submitted with the funding request and 

7 approved by the Board, to demonstrate all 

8 other Federal, State, and local authorities 

9 for the acquisition of real property have 

10 been exhausted. 

11 (iv) RESTRICTIONS.—A real property 

12 interest may not be acquired pursuant to a 

13 fish habitat conservation project by a 

14 State, local government, or other non-Fed15 eral entity, unless— 

16 (I) the owner of the real property 

17 authorizes the State, local govern18 ment, or other non-Federal entity to 

19 acquire the real property; and 

20 (II) the Secretary and the Board 

21 determine that the State, local govern22 ment, or other non-Federal entity 

23 would benefit from undertaking the 

24 management of the real property 

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1 cordance with the goals of a partner2 ship. 

3 (5) NON-FEDERAL CONTRIBUTIONS.— 

4 (A) IN GENERAL.—Except as provided in 

5 subparagraph (B), no fish habitat conservation 

6 project may be recommended by the Board 

7 under paragraph (2) or provided financial as8 sistance under this section unless at least 50 

9 percent of the cost of the fish habitat conserva10 tion project will be funded with non-Federal 

11 funds. 

12 (B) NON-FEDERAL SHARE.—The non-Fed13 eral share of the cost of a fish habitat conserva14 tion project— 

15 (i) may not be derived from another 

16 Federal grant program; but 

17 (ii) may include in-kind contributions 

18 and cash. 

19 (C) SPECIAL RULE FOR INDIAN TRIBES.— 

20 Notwithstanding subparagraph (A) or any other 

21 provision of law, any funds made available to 

22 an Indian tribe pursuant to this section may be 

23 considered to be non-Federal funds for the pur24 pose of subparagraph (A). 

25 (6) APPROVAL.— 


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1 (A) IN GENERAL.—Not later than 90 days 

2 after the date of receipt of the recommended 

3 priority list of fish habitat conservation projects 

4 under paragraph (2), subject to the limitations 

5 of paragraph (4), and based, to the maximum 

6 extent practicable, on the criteria described in 

7 paragraph (3), the Secretary, after consulting 

8 with the Secretary of Commerce on marine or 

9 estuarine projects, shall approve or reject any 

10 fish habitat conservation project recommended 

11 by the Board. 

12 (B) FUNDING.—If the Secretary approves 

13 a fish habitat conservation project under sub14 paragraph (A), the Secretary shall use amounts 

15 made available to carry out this section to pro16 vide funds to carry out the fish habitat con17 servation project. 

18 (C) NOTIFICATION.—If the Secretary re19 jects any fish habitat conservation project rec20 ommended by the Board under paragraph (2), 

21 not later than 180 days after the date of receipt 

22 of the recommendation, the Secretary shall pro23 vide to the Board, the appropriate Partnership, 

24 and the appropriate congressional committees a 

25 written statement of the reasons that the SecVerDate Sep 11 2014 04:43 Jul 12, 2017 Jkt 069200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S1514.IS S1514

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1 retary rejected the fish habitat conservation 

2 project. 

3 (f) TECHNICAL AND SCIENTIFIC ASSISTANCE.— 

4 (1) IN GENERAL.—The Director, the NOAA 

5 Assistant Administrator, the EPA Assistant Admin6 istrator, and the Director of the United States Geo7 logical Survey, in coordination with the Forest Serv8 ice and other appropriate Federal departments and 

9 agencies, may provide scientific and technical assist10 ance to the Partnerships, participants in fish habitat 

11 conservation projects, and the Board. 

12 (2) INCLUSIONS.—Scientific and technical as13 sistance provided pursuant to paragraph (1) may in14 clude— 

15 (A) providing technical and scientific as16 sistance to States, Indian tribes, regions, local 

17 communities, and nongovernmental organiza18 tions in the development and implementation of 

19 Partnerships; 

20 (B) providing technical and scientific as21 sistance to Partnerships for habitat assessment, 

22 strategic planning, and prioritization; 

23 (C) supporting the development and imple24 mentation of fish habitat conservation projects 


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1 that are identified as high priorities by Partner2 ships and the Board; 

3 (D) supporting and providing recommenda4 tions regarding the development of science5 based monitoring and assessment approaches 

6 for implementation through Partnerships; 

7 (E) supporting and providing recommenda8 tions for a national fish habitat assessment; 

9 (F) ensuring the availability of experts to 

10 assist in conducting scientifically based evalua11 tion and reporting of the results of fish habitat 

12 conservation projects; and 

13 (G) providing resources to secure state 

14 agency scientific and technical assistance to 

15 support Partnerships, participants in fish habi16 tat conservation projects, and the Board. 

17 (g) COORDINATION WITH STATES AND INDIAN

18 TRIBES.—The Secretary shall provide a notice to, and co19 operate with, the appropriate State agency or tribal agen20 cy, as applicable, of each State and Indian tribe within 

21 the boundaries of which an activity is planned to be car22 ried out pursuant to this section, including notification, 

23 by not later than 30 days before the date on which the 

24 activity is implemented. 


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1 (h) INTERAGENCY OPERATIONAL PLAN.—Not later 

2 than 1 year after the date of enactment of this Act, and 

3 every 5 years thereafter, the Director, in cooperation with 

4 the NOAA Assistant Administrator, the EPA Assistant 

5 Administrator, the Director of the United States Geologi6 cal Survey, and the heads of other appropriate Federal 

7 departments and agencies (including at a minimum, those 

8 agencies represented on the Board) shall develop an inter9 agency operational plan that describes— 

10 (1) the functional, operational, technical, sci11 entific, and general staff, administrative, and mate12 rial needs for the implementation of this section; and 

13 (2) any interagency agreements between or 

14 among Federal departments and agencies to address 

15 those needs. 

16 (i) ACCOUNTABILITY AND REPORTING.— 

17 (1) REPORTING.— 

18 (A) IN GENERAL.—Not later than 5 years 

19 after the date of enactment of this Act, and 

20 every 5 years thereafter, the Board shall submit 

21 to the appropriate congressional committees a 

22 report describing the progress of this section. 

23 (B) CONTENTS.—Each report submitted 

24 under subparagraph (A) shall include— 


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1 (i) an estimate of the number of 

2 acres, stream miles, or acre-feet, or other 

3 suitable measures of fish habitat, that was 

4 maintained or improved by partnerships of 

5 Federal, State, or local governments, In6 dian tribes, or other entities in the United 

7 States during the 5-year period ending on 

8 the date of submission of the report; 

9 (ii) a description of the public access 

10 to fish habitats established or improved 

11 during that 5-year period; 

12 (iii) a description of the improved op13 portunities for public recreational fishing; 

14 and 

15 (iv) an assessment of the status of 

16 fish habitat conservation projects carried 

17 out with funds provided under this section 

18 during that period, disaggregated by year, 

19 including— 

20 (I) a description of the fish habi21 tat conservation projects rec22 ommended by the Board under sub23 section (e)(2); 

24 (II) a description of each fish 

25 habitat conservation project approved 


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1 by the Secretary under subsection 

2 (e)(6), in order of priority for funding; 

3 (III) a justification for— 

4 (aa) the approval of each 

5 fish habitat conservation project; 

6 and 

7 (bb) the order of priority for 

8 funding of each fish habitat con9 servation project; 

10 (IV) a justification for any rejec11 tion of a fish habitat conservation 

12 project recommended by the Board 

13 under subsection (e)(2) that was 

14 based on a factor other than the cri15 teria described in subsection (e)(3); 

16 and 

17 (V) an accounting of expendi18 tures by Federal, State, or local gov19 ernments, Indian tribes, or other enti20 ties to carry out fish habitat conserva21 tion projects. 

22 (2) STATUS AND TRENDS REPORT.—Not later 

23 than December 31, 2018, and every 5 years there24 after, the Board shall submit to the appropriate con25 gressional committees a report that includes— 


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1 (A) a status of all Partnerships designated 

2 under this section; 

3 (B) a description of the status of fish habi4 tats in the United States as identified by estab5 lished Partnerships; and 

6 (C) enhancements or reductions in public 

7 access as a result of— 

8 (i) the activities of the Partnerships; 

9 or 

10 (ii) any other activities carried out 

11 pursuant to this section. 

12 (j) EFFECT OF SECTION.— 

13 (1) WATER RIGHTS.—Nothing in this section— 

14 (A) establishes any express or implied re15 served water right in the United States for any 

16 purpose; 

17 (B) affects any water right in existence on 

18 the date of enactment of this Act; 

19 (C) preempts or affects any State water 

20 law or interstate compact governing water; or 

21 (D) affects any Federal or State law in ex22 istence on the date of enactment of the Act re23 garding water quality or water quantity. 

24 (2) AUTHORITY TO ACQUIRE WATER RIGHTS OR

25 RIGHTS TO PROPERTY.—Under this section, only a 


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1 State, local government, or other non-Federal entity 

2 may acquire, under State law, water rights or rights 

3 to property. 

4 (3) STATE AUTHORITY.—Nothing in this sec5 tion— 

6 (A) affects the authority, jurisdiction, or 

7 responsibility of a State to manage, control, or 

8 regulate fish and wildlife under the laws and 

9 regulations of the State; or 

10 (B) authorizes the Secretary to control or 

11 regulate within a State the fishing or hunting 

12 of fish and wildlife. 

13 (4) EFFECT ON INDIAN TRIBES.—Nothing in 

14 this section abrogates, abridges, affects, modifies, 

15 supersedes, or alters any right of an Indian tribe 

16 recognized by treaty or any other means, includ17 ing— 

18 (A) an agreement between the Indian tribe 

19 and the United States; 

20 (B) Federal law (including regulations); 

21 (C) an Executive order; or 

22 (D) a judicial decree. 

23 (5) ADJUDICATION OF WATER RIGHTS.—Noth24 ing in this section diminishes or affects the ability 

25 of the Secretary to join an adjudication of rights to 


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1 the use of water pursuant to subsection (a), (b), or 

2 (c) of section 208 of the Department of Justice Ap3 propriation Act, 1953 (43 U.S.C. 666). 

4 (6) DEPARTMENT OF COMMERCE AUTHOR5 ITY.—Nothing in this section affects the authority, 

6 jurisdiction, or responsibility of the Department of 

7 Commerce to manage, control, or regulate fish or 

8 fish habitats under the Magnuson-Stevens Fishery 

9 Conservation and Management Act (16 U.S.C. 1801 

10 et seq.). 

11 (7) EFFECT ON OTHER AUTHORITIES.— 

12 (A) PRIVATE PROPERTY PROTECTION.— 

13 Nothing in this section permits the use of funds 

14 made available to carry out this section to ac15 quire real property or a real property interest 

16 without the written consent of each owner of 

17 the real property or real property interest. 

18 (B) MITIGATION.—Nothing in this section 

19 permits the use of funds made available to 

20 carry out this section for fish and wildlife miti21 gation purposes under— 

22 (i) the Federal Water Pollution Con23 trol Act (33 U.S.C. 1251 et seq.); 

24 (ii) the Fish and Wildlife Coordina25 tion Act (16 U.S.C. 661 et seq.); 


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1 (iii) the Water Resources Develop2 ment Act of 1986 (Public Law 99–662; 

3 100 Stat. 4082); or 

4 (iv) any other Federal law or court 

5 settlement. 

6 (C) CLEAN WATER ACT.—Nothing in this 

7 section affects any provision of the Federal 

8 Water Pollution Control Act (33 U.S.C. 1251 et 

9 seq.), including any definition in that Act. 

10 (k) NONAPPLICABILITY OF FEDERAL ADVISORY

11 COMMITTEE ACT.—The Federal Advisory Committee Act 

12 (5 U.S.C. App.) shall not apply to— 

13 (1) the Board; or 

14 (2) any Partnership. 

15 (l) FUNDING.— 

16 (1) AUTHORIZATION OF APPROPRIATIONS.— 

17 (A) FISH HABITAT CONSERVATION

18 PROJECTS.—There is authorized to be appro19 priated to the Secretary $7,200,000 for each of 

20 fiscal years 2018 through 2022 to provide 

21 funds for fish habitat conservation projects ap22 proved under subsection (e)(6), of which 5 per23 cent shall be made available for each fiscal year 

24 for projects carried out by Indian tribes. 


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1 (B) ADMINISTRATIVE AND PLANNING EX2 PENSES.—There is authorized to be appro3 priated to the Secretary for each of fiscal years 

4 2018 through 2022 an amount equal to 5 per5 cent of the amount appropriated for the appli6 cable fiscal year pursuant to subparagraph 

7 (A)— 

8 (i) for administrative and planning ex9 penses; and 

10 (ii) to carry out subsection (i). 

11 (C) TECHNICAL AND SCIENTIFIC ASSIST12 ANCE.—There is authorized to be appropriated 

13 for each of fiscal years 2018 through 2022 to 

14 carry out, and provide technical and scientific 

15 assistance under, subsection (f)— 

16 (i) $500,000 to the Secretary for use 

17 by the United States Fish and Wildlife 

18 Service; 

19 (ii) $500,000 to the NOAA Assistant 

20 Administrator for use by the National Oce21 anic and Atmospheric Administration; 

22 (iii) $500,000 to the EPA Assistant 

23 Administrator for use by the Environ24 mental Protection Agency; and 


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1 (iv) $500,000 to the Secretary for use 

2 by the United States Geological Survey. 

3 (2) AGREEMENTS AND GRANTS.—The Secretary 

4 may— 

5 (A) on the recommendation of the Board, 

6 and notwithstanding sections 6304 and 6305 of 

7 title 31, United States Code, and the Federal 

8 Financial Assistance Management Improvement 

9 Act of 1999 (31 U.S.C. 6101 note; Public Law 

10 106–107), enter into a grant agreement, coop11 erative agreement, or contract with a Partner12 ship or other entity for a fish habitat conserva13 tion project or restoration or enhancement 

14 project; 

15 (B) apply for, accept, and use a grant 

16 from any individual or entity to carry out the 

17 purposes of this section; and 

18 (C) make funds available to any Federal 

19 department or agency for use by that depart20 ment or agency to provide grants for any fish 

21 habitat protection project, restoration project, 

22 or enhancement project that the Secretary de23 termines to be consistent with this section. 

24 (3) DONATIONS.— 

25 (A) IN GENERAL.—The Secretary may— 


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1 (i) enter into an agreement with any 

2 organization described in section 501(c)(3) 

3 of the Internal Revenue Code of 1986 that 

4 is exempt from taxation under section 

5 501(a) of that Code to solicit private dona6 tions to carry out the purposes of this sec7 tion; and 

8 (ii) accept donations of funds, prop9 erty, and services to carry out the purposes 

10 of this section. 

11 (B) TREATMENT.—A donation accepted 

12 under this section— 

13 (i) shall be considered to be a gift or 

14 bequest to, or otherwise for the use of, the 

15 United States; and 

16 (ii) may be— 

17 (I) used directly by the Sec18 retary; or 

19 (II) provided to another Federal 

20 department or agency through an 

21 interagency agreement. 

22 (m) PROHIBITION AGAINST IMPLEMENTATION OF

23 REGULATORY AUTHORITY BY FEDERAL AGENCIES .— 

24 Any Partnership designated under this section— 


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1 (1) shall be for the sole purpose of promoting 

2 fish conservation; and 

3 (2) shall not be used to implement any regu4 latory authority of any Federal agency. 

Æ 


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