```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1326 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 1326

   To provide for the preservation of America's outdoor heritage and 
    enhance recreation opportunities on Federal land, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 22, 2019

  Mr. Thompson of California introduced the following bill; which was 
referred to the Committee on Natural Resources, and in addition to the 
     Committees on the Judiciary, Agriculture, Transportation and 
  Infrastructure, and Appropriations, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
   To provide for the preservation of America's outdoor heritage and 
    enhance recreation opportunities on Federal land, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE; SECRETARY DEFINED; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Authorizing 
Critical Conservation and Enabling Sportsmen and Sportswomen Act'' or 
the ``ACCESS Act''.
    (b) Secretary Defined.--For the purposes of this Act, the term 
``Secretary'' means the Secretary of the Interior unless otherwise 
specifically indicated.
    (c) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; Secretary defined; table of contents.
   TITLE I--NORTH AMERICAN WETLANDS CONSERVATION ACT REAUTHORIZATION

Sec. 101. North American Wetlands Conservation Act.
 TITLE II--UNITED STATES FISH AND WILDLIFE SERVICE RESOURCE PROTECTION

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Liability.
Sec. 204. Actions.
Sec. 205. Use of recovered amounts.
Sec. 206. Donations.
Sec. 207. Transfer of funds from Natural Resource Damage Assessment and 
                            Restoration Fund.
  TITLE III--GREAT LAKES MONITORING, ASSESSMENT, SCIENCE, AND RESEARCH

Sec. 301. Great Lakes monitoring, assessment, science, and research.
   TITLE IV--NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT 
                            REAUTHORIZATION

Sec. 401. National Fish and Wildlife Foundation Establishment Act.
                   TITLE V--FISH HABITAT CONSERVATION

Sec. 501. National fish habitat conservation through partnerships.
      TITLE VI--TARGET PRACTICE AND MARKSMANSHIP TRAINING SUPPORT

Sec. 601. Short title.
Sec. 602. Definition of public target range.
Sec. 603. Amendments to Pittman-Robertson Wildlife Restoration Act.
Sec. 604. Limits on liability.
Sec. 605. Sense of Congress regarding cooperation.
TITLE VII--WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY 
                               COMMITTEE

Sec. 701. Wildlife and Hunting Heritage Conservation Council Advisory 
                            Committee.
                         TITLE VIII--FILM CREWS

Sec. 801. Commercial filming.
                        TITLE IX--CHESAPEAKE BAY

Sec. 901. Reauthorization of Chesapeake Bay Program.
Sec. 902. Reauthorization of Chesapeake Bay Initiative Act of 1998.
              TITLE X--CHRONIC WASTING DISEASE MANAGEMENT

Sec. 1001. Short title.
Sec. 1002. Definitions.
Sec. 1003. Findings.
Sec. 1004. Support for State efforts to manage and control chronic 
                            wasting disease.
Sec. 1005. Support for applied research regarding chronic wasting 
                            disease.
Sec. 1006. Multi-agency cooperation with States to address chronic 
                            wasting disease.
    TITLE XI--CHRONIC WASTING DISEASE TRANSMISSION IN CERVIDAE STUDY

Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Chronic wasting disease transmission in cervidae resource 
                            study.
Sec. 1104. Definitions.
                  TITLE XII--MISCELLANEOUS PROVISIONS

Sec. 1201. Respect for treaties and rights.
Sec. 1202. No priority over other uses.
Sec. 1203. State authority for fish and wildlife.

   TITLE I--NORTH AMERICAN WETLANDS CONSERVATION ACT REAUTHORIZATION

SEC. 101. NORTH AMERICAN WETLANDS CONSERVATION ACT.

    (a) Real Property.--Section 6(a)(3) of the North American Wetlands 
Conservation Act (16 U.S.C. 4405(a)(3)) is amended--
            (1) by striking ``(3) in lieu of'' and inserting the 
        following:
            ``(3) Provision of funds or conveyance of real property 
        interest.--
                    ``(A) In general.--In lieu of'';
            (2) in the second sentence, by striking ``The Secretary 
        shall'' and inserting the following:
                    ``(B) Determination.--The Secretary shall''; and
            (3) by striking the third sentence and inserting the 
        following:
                    ``(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.''.
    (b) Authorization of Appropriations.--Section 7(c) of the North 
American Wetlands Conservation Act (16 U.S.C. 4406(c)) is amended--
            (1) in paragraph (4), by striking ``and'';
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) $75,000,000 for each of fiscal years 2020 through 
        2024.''.

 TITLE II--UNITED STATES FISH AND WILDLIFE SERVICE RESOURCE PROTECTION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``United States Fish and Wildlife 
Service Resource Protection Act''.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Damages.--The term ``damages'' means--
                    (A) compensation for--
                            (i)(I) the cost of replacing, restoring, or 
                        acquiring the equivalent of a system resource; 
                        and
                            (II) the value of any significant loss of 
                        use of a system resource, pending--
                                    (aa) restoration or replacement of 
                                the system resource; or
                                    (bb) the acquisition of an 
                                equivalent resource; or
                            (ii) the value of a system resource, if the 
                        system resource cannot be replaced or restored; 
                        and
                    (B) the cost of any relevant damage assessment 
                carried out pursuant to section 204(c).
            (2) Response cost.--The term ``response cost'' means the 
        cost of any action carried out by the Secretary--
                    (A) to prevent, minimize, or abate destruction or 
                loss of, or injury to, a system resource;
                    (B) to abate or minimize the imminent risk of such 
                destruction, loss, or injury; or
                    (C) to monitor the ongoing effects of any incident 
                causing such destruction, loss, or injury.
            (3) System resource.--The term ``system resource'' means 
        any living, nonliving, historical, cultural, or archeological 
        resource that is located within the boundaries of--
                    (A) a unit of the National Wildlife Refuge System;
                    (B) a unit of the National Fish Hatchery System; or
                    (C) any other land managed by the United States 
                Fish and Wildlife Service, including any land managed 
                cooperatively with any other Federal or State agency.

SEC. 203. LIABILITY.

    (a) In General.--Subject to subsection (c), any individual or 
entity that destroys, causes the loss of, or injures any system 
resource, or that causes the Secretary to carry out any action to 
prevent, minimize, or abate destruction or loss of, or injuries or risk 
to, any system resource, shall be liable to the United States for any 
response costs or damages resulting from the destruction, loss, or 
injury.
    (b) Liability in Rem.--Any instrumentality (including a vessel, 
vehicle, aircraft, or other equipment or mechanism) that destroys, 
causes the loss of, or injures any system resource, or that causes the 
Secretary to carry out any action to prevent, minimize, or abate 
destruction or loss of, or injury or risk to, a system resource shall 
be liable in rem to the United States for any response costs or damages 
resulting from the destruction, loss, or injury, to the same extent 
that an individual or entity is liable under subsection (a).
    (c) Defenses.--An individual or entity shall not be liable under 
this section, if the individual or entity can establish that--
            (1) the destruction or loss of, or injury to, the system 
        resource was caused solely by an act of God or an act of war; 
        or
            (2)(A) the individual or entity exercised due care; and
            (B) the destruction or loss of, or injury to, the system 
        resource was caused solely by an act or omission of a third 
        party, other than an employee or agent of the individual or 
        entity.
    (d) Scope.--The liability established by this section shall be in 
addition to any other liability arising under Federal or State law.

SEC. 204. ACTIONS.

    (a) Civil Actions for Response Costs and Damages.--The Attorney 
General, on request of the Secretary, may commence a civil action in 
the United States district court of appropriate jurisdiction against 
any individual, entity, or instrumentality that may be liable under 
section 203 for response costs or damages.
    (b) Administrative Actions for Response Costs and Damages.--
            (1) Action by secretary.--
                    (A) In general.--Subject to paragraph (2), the 
                Secretary, after making a finding described in 
                subparagraph (B), may consider, compromise, and settle 
                a claim for response costs and damages if the claim has 
                not been referred to the Attorney General under 
                subsection (a).
                    (B) Description of findings.--A finding referred to 
                in subparagraph (A) is a finding that--
                            (i) destruction or loss of, or injury to, a 
                        system resource has occurred; or
                            (ii) such destruction, loss, or injury 
                        would occur absent an action by the Secretary 
                        to prevent, minimize, or abate the destruction, 
                        loss, or injury.
            (2) Requirement.--In any case in which the total amount to 
        be recovered in a civil action under subsection (a) may exceed 
        $500,000 (excluding interest), a claim may be compromised and 
        settled under paragraph (1) only with the prior written 
        approval of the Attorney General.
    (c) Response Actions, Assessments of Damages, and Injunctive 
Relief.--
            (1) In general.--The Secretary may carry out all necessary 
        actions (including making a request to the Attorney General to 
        seek injunctive relief)--
                    (A) to prevent, minimize, or abate destruction or 
                loss of, or injury to, a system resource; or
                    (B) to abate or minimize the imminent risk of such 
                destruction, loss, or injury.
            (2) Assessment and monitoring.--
                    (A) In general.--The Secretary may assess and 
                monitor the destruction or loss of, or injury to, any 
                system resource for purposes of paragraph (1).
                    (B) Judicial review.--Any determination or 
                assessment of damage to a system resource carried out 
                under subparagraph (A) shall be subject to judicial 
                review under subchapter II of chapter 5, and chapter 7, 
                of title 5, United States Code (commonly known as the 
                ``Administrative Procedure Act''), on the basis of the 
                administrative record developed by the Secretary.

SEC. 205. USE OF RECOVERED AMOUNTS.

    (a) In General.--An amount equal to the total amount of the 
response costs and damages recovered by the Secretary under this title 
and any amounts recovered by the Federal Government under any provision 
of Federal, State, or local law (including regulations) or otherwise as 
a result of the destruction or loss of, or injury to, any system 
resource shall be made available to the Secretary, without further 
appropriation, for use in accordance with subsection (b).
    (b) Use.--The Secretary may use amounts made available under 
subsection (a) only, in accordance with applicable law--
            (1) to reimburse response costs and damage assessments 
        carried out pursuant to this title by the Secretary or such 
        other Federal agency as the Secretary determines to be 
        appropriate;
            (2) to restore, replace, or acquire the equivalent of a 
        system resource that was destroyed, lost, or injured; or
            (3) to monitor and study system resources.

SEC. 206. DONATIONS.

    (a) In General.--In addition to any other authority to accept 
donations, the Secretary may accept donations of money or services for 
expenditure or use to meet expected, immediate, or ongoing response 
costs and damages.
    (b) Timing.--A donation described in subsection (a) may be expended 
or used at any time after acceptance of the donation, without further 
action by Congress.

SEC. 207. TRANSFER OF FUNDS FROM NATURAL RESOURCE DAMAGE ASSESSMENT AND 
              RESTORATION FUND.

    The matter under the heading ``Natural resource damage assessment 
and restoration fund'' under the heading ``United states fish and 
wildlife service'' of title I of the Department of the Interior and 
Related Agencies Appropriations Act, 1994 (43 U.S.C. 1474b-1), is 
amended by striking ``Provided, That'' and all that follows through 
``activities.'' and inserting the following: ``Provided, That 
notwithstanding any other provision of law, any amounts appropriated or 
credited during fiscal year 1992 or any fiscal year thereafter may be 
transferred to any account (including through a payment to any Federal 
or non-Federal trustee) to carry out a negotiated legal settlement or 
other legal action for a restoration activity under the Comprehensive 
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), the Act 
of July 27, 1990 (16 U.S.C. 19jj et seq.), or the United States Fish 
and Wildlife Service Resource Protection Act, or for any damage 
assessment activity: Provided further, That sums provided by any 
individual or entity before or after the date of enactment of this Act 
shall remain available until expended and shall not be limited to 
monetary payments, but may include stocks, bonds, or other personal or 
real property, which may be retained, liquidated, or otherwise disposed 
of by the Secretary for the restoration of injured resources or to 
conduct any new damage assessment activity.''.

  TITLE III--GREAT LAKES MONITORING, ASSESSMENT, SCIENCE, AND RESEARCH

SEC. 301. GREAT LAKES MONITORING, ASSESSMENT, SCIENCE, AND RESEARCH.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        the United States Geological Survey.
            (2) Great lakes basin.--The term ``Great Lakes Basin'' 
        means the air, land, water, and living organisms in the United 
        States within the drainage basin of the Saint Lawrence River at 
        and upstream from the point at which such river and the Great 
        Lakes become the international boundary between Canada and the 
        United States.
    (b) Findings.--Congress finds the following:
            (1) The Great Lakes support a diverse ecosystem, on which 
        the vibrant and economically valuable Great Lakes fisheries 
        depend.
            (2) To continue successful fisheries management and 
        coordination, as has occurred since signing of the Convention 
        on Great Lakes Fisheries between the United States and Canada 
        on September 10, 1954, management of the ecosystem and its 
        fisheries require sound, reliable science, and the use of 
        modern scientific technologies.
            (3) Fisheries research is necessary to support multi-
        jurisdictional fishery management decisions and actions 
        regarding recreational and sport fishing, commercial fisheries, 
        Tribal harvest, allocation decisions, and fish stocking 
        activities.
            (4) President Richard Nixon submitted, and the Congress 
        approved, Reorganization Plan No. 4 (84 Stat. 2090), conferring 
        science activities and management of marine fisheries to the 
        National Oceanic and Atmospheric Administration.
            (5) Reorganization Plan No. 4 expressly excluded fishery 
        research activities within the Great Lakes from the transfer, 
        retaining management and scientific research duties within the 
        already-established jurisdictions under the 1954 Convention on 
        Great Lakes Fisheries, including those of the Great Lakes 
        Fishery Commission and the Department of the Interior.
    (c) Monitoring, Assessment, Science, and Research.--
            (1) In general.--The Director may conduct monitoring, 
        assessment, science, and research, in support of the binational 
        fisheries within the Great Lakes Basin.
            (2) Specific authorities.--The Director shall, under 
        paragraph (1)--
                    (A) execute a comprehensive, multi-lake, freshwater 
                fisheries science program;
                    (B) coordinate with and work cooperatively with 
                regional, State, Tribal, and local governments; and
                    (C) consult with other interested entities groups, 
                including academia and relevant Canadian agencies.
            (3) Included research.--To properly serve the needs of 
        fisheries managers, monitoring, assessment, science, and 
        research under this section may include--
                    (A) deepwater ecosystem sciences;
                    (B) biological and food-web components;
                    (C) fish movement and behavior investigations;
                    (D) fish population structures;
                    (E) fish habitat investigations;
                    (F) invasive species science;
                    (G) use of existing, new, and experimental 
                biological assessment tools, equipment, vessels, other 
                scientific instrumentation and laboratory capabilities 
                necessary to support fishery management decisions; and
                    (H) studies to assess impacts on Great Lakes 
                Fishery resources.
            (4) Savings clause.--Nothing in this section is intended or 
        shall be construed to impede, supersede, or alter the authority 
        of the Great Lakes Fishery Commission, States, and Indian 
        Tribes under the Convention on Great Lakes Fisheries between 
        the United States of America and Canada on September 10, 1954, 
        and the Great Lakes Fishery Act of 1956 (16 U.S.C. 931 et 
        seq.).
    (d) Authorization of Appropriations.--For each of fiscal years 2020 
through 2024, there is authorized to be appropriated $15,000,000 to 
carry out this section.

   TITLE IV--NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT 
                            REAUTHORIZATION

SEC. 401. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT.

    (a) Board of Directors of Foundation.--
            (1) In general.--Section 3 of the National Fish and 
        Wildlife Foundation Establishment Act (16 U.S.C. 3702) is 
        amended--
                    (A) in subsection (b)--
                            (i) by striking paragraph (2) and inserting 
                        the following:
            ``(2) 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.''; and
                            (ii) by striking paragraph (3) and 
                        inserting the following:
            ``(3) Terms.--Each Director (other than a Director 
        described in paragraph (1)) shall be appointed for a term of 6 
        years.''; and
                    (B) in subsection (g)(2)--
                            (i) in subparagraph (A), by striking ``(A) 
                        Officers and employees may not be appointed 
                        until the Foundation has sufficient funds to 
                        pay them for their service. Officers'' and 
                        inserting the following:
                    ``(A) In general.--Officers''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Executive director.--The Foundation shall 
                have an Executive Director who shall be--
                            ``(i) appointed by, and serve at the 
                        direction of, the Board as the chief executive 
                        officer of the Foundation; and
                            ``(ii) knowledgeable and experienced in 
                        matters relating to fish and wildlife 
                        conservation.''.
            (2) Conforming amendment.--Section 4(a)(1)(B) of the North 
        American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) is 
        amended by striking ``Secretary of the Board'' and inserting 
        ``Executive Director of the Board''.
    (b) Rights and Obligations of Foundation.--Section 4 of the 
National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
3703) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (4), by striking ``that are 
                insured by an agency or instrumentality of the United 
                States'' and inserting ``at 1 or more financial 
                institutions that are members of the Federal Deposit 
                Insurance Corporation or the Securities Investment 
                Protection Corporation'';
                    (B) in paragraph (5), by striking ``paragraph (3) 
                or (4)'' and inserting ``subparagraph (C) or (D)'';
                    (C) in paragraph (10), by striking ``; and'' and 
                inserting a semicolon;
                    (D) by striking paragraph (11);
                    (E) by striking ``For the purposes'' and all that 
                follows through ``of the Foundation.'';
                    (F) by inserting after paragraph (10) the 
                following:
            ``(11) 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
            ``(12) to do acts necessary to carry out the purposes of 
        the Foundation.'';
                    (G) by striking ``(c) Powers.--To carry out its 
                purposes under'' and inserting the following:
    ``(c) Powers.--
            ``(1) In general.--To carry out the purposes described 
        in'';
                    (H) by redesignating paragraphs (1) through (12) as 
                subparagraphs (A) through (L), respectively, and 
                indenting appropriately; and
                    (I) by inserting after subparagraph (L) the 
                following:
            ``(2) Treatment of real property.--
                    ``(A) In general.--For purposes of this Act, an 
                interest in real property shall be treated as including 
                easements or other rights for preservation, 
                conservation, protection, or enhancement by and for the 
                public of natural, scenic, historic, scientific, 
                educational, inspirational, or recreational resources.
                    ``(B) Encumbered real property.--A gift, devise, or 
                bequest may be accepted by the Foundation even though 
                the gift, devise, or bequest is encumbered, restricted, 
                or subject to beneficial interests of private persons 
                if any current or future interest in the gift, devise, 
                or bequest is for the benefit of the Foundation.
            ``(3) Savings clause.--The acceptance and administration of 
        amounts by the Foundation under paragraph (1)(K) does not 
        alter, supersede, or limit any regulatory or statutory 
        requirement associated with those amounts.'';
            (2) by striking subsections (f) and (g); and
            (3) by redesignating subsections (h) and (i) as subsections 
        (f) and (g), respectively.
    (c) Authorization of Appropriations.--Section 10 of the National 
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is 
amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this Act for each of fiscal years 2020 through 
        2024--
                    ``(A) $15,000,000 to the Secretary of the Interior;
                    ``(B) $5,000,000 to the Secretary of Agriculture; 
                and
                    ``(C) $5,000,000 to the Secretary of Commerce.'';
            (2) in subsection (b)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) Amounts from federal agencies.--
                    ``(A) In general.--In addition to the amounts 
                authorized to be appropriated under subsection (a), 
                Federal departments, agencies, or instrumentalities are 
                authorized to provide funds to the Foundation through 
                Federal financial assistance grants and cooperative 
                agreements, subject to the condition that the amounts 
                are used for purposes that further the conservation and 
                management of fish, wildlife, plants, and other natural 
                resources in accordance with this Act.
                    ``(B) Advances.--Federal departments, agencies, or 
                instrumentalities may advance amounts described in 
                subparagraph (A) to the Foundation in a lump sum 
                without regard to when the expenses for which the 
                amounts are used are incurred.
                    ``(C) Management fees.--The Foundation may assess 
                and collect fees for the management of amounts received 
                under this paragraph.'';
                    (B) in paragraph (2)--
                            (i) in the paragraph heading, by striking 
                        ``funds'' and inserting ``amounts'';
                            (ii) by striking ``shall be used'' and 
                        inserting ``may be used''; and
                            (iii) by striking ``and State and local 
                        government agencies'' and inserting ``, State 
                        and local government agencies, and other 
                        entities''; and
                    (C) by adding at the end the following:
            ``(3) Administration of amounts.--
                    ``(A) In general.--In entering into contracts, 
                agreements, or other partnerships pursuant to this Act, 
                a Federal department, agency, or instrumentality shall 
                have discretion to waive any competitive process 
                applicable to the department, agency, or 
                instrumentality for entering into contracts, 
                agreements, or partnerships with the Foundation if the 
                purpose of the waiver is--
                            ``(i) to address an environmental emergency 
                        resulting from a natural or other disaster; or
                            ``(ii) as determined by the head of the 
                        applicable Federal department, agency, or 
                        instrumentality, to reduce administrative 
                        expenses and expedite the conservation and 
                        management of fish, wildlife, plants, and other 
                        natural resources.
                    ``(B) Reports.--The Foundation shall include in the 
                annual report submitted under section 7(b) a 
                description of any use of the authority under 
                subparagraph (A) by a Federal department, agency, or 
                instrumentality in that fiscal year.''; and
            (3) by adding at the end the following:
    ``(d) Use of Gifts, Devises, or Bequests of Money or Other 
Property.--Any gifts, devises, or bequests of amounts or other 
property, or any other amounts or other property, transferred to, 
deposited with, or otherwise in the possession of the Foundation 
pursuant to this Act, may be made available by the Foundation to 
Federal departments, agencies, or instrumentalities and may be accepted 
and expended (or the disposition of the amounts or property directed), 
without further appropriation, by those Federal departments, agencies, 
or instrumentalities, subject to the condition that the amounts or 
property be used for purposes that further the conservation and 
management of fish, wildlife, plants, and other natural resources.''.
    (d) Limitation on Authority.--Section 11 of the National Fish and 
Wildlife Foundation Establishment Act (16 U.S.C. 3710) is amended by 
inserting ``exclusive'' before ``authority''.

                   TITLE V--FISH HABITAT CONSERVATION

SEC. 501. NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS.

    (a) Purpose.--The purpose of this section is to encourage 
partnerships among public agencies and other interested parties to 
promote fish conservation--
            (1) to achieve measurable habitat conservation results 
        through strategic actions of Fish Habitat Partnerships that 
        lead to better fish habitat conditions and increased fishing 
        opportunities by--
                    (A) improving ecological conditions;
                    (B) restoring natural processes; or
                    (C) preventing the decline of intact and healthy 
                systems;
            (2) to establish a consensus set of national conservation 
        strategies as a framework to guide future actions and 
        investment by Fish Habitat Partnerships;
            (3) to broaden the community of support for fish habitat 
        conservation by--
                    (A) increasing fishing opportunities;
                    (B) fostering the participation of local 
                communities, especially young people in local 
                communities, in conservation activities; and
                    (C) raising public awareness of the role healthy 
                fish habitat play in the quality of life and economic 
                well-being of local communities;
            (4) to fill gaps in the National Fish Habitat Assessment 
        and the associated database of the National Fish Habitat 
        Assessment--
                    (A) to empower strategic conservation actions 
                supported by broadly available scientific information; 
                and
                    (B) to integrate socioeconomic data in the analysis 
                to improve the lives of humans in a manner consistent 
                with fish habitat conservation goals; and
            (5) to communicate to the public and conservation 
        partners--
                    (A) the conservation outcomes produced collectively 
                by Fish Habitat Partnerships; and
                    (B) new opportunities and voluntary approaches for 
                conserving fish habitat.
    (b) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation and the Committee on Environment and 
                Public Works of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Board.--The term ``Board'' means the National Fish 
        Habitat Board established by subsection (c)(1)(A).
            (3) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (4) EPA assistant administrator.--The term ``EPA Assistant 
        Administrator'' means the Assistant Administrator for Water of 
        the Environmental Protection Agency.
            (5) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (6) NOAA assistant administrator.--The term ``NOAA 
        Assistant Administrator'' means the Assistant Administrator for 
        Fisheries of the National Oceanic and Atmospheric 
        Administration.
            (7) Partnership.--The term ``Partnership'' means a self-
        governed entity designated by Congress as a Fish Habitat 
        Partnership under subsection (d)(6) after a recommendation by 
        the Board under subsection (d)(1).
            (8) Real property interest.--The term ``real property 
        interest'' means an ownership interest in--
                    (A) land; or
                    (B) water (including water rights).
            (9) State.--The term ``State'' means each of the several 
        States.
            (10) State agency.--The term ``State agency'' means--
                    (A) the fish and wildlife agency of a State; and
                    (B) any department or division of a department or 
                agency of a State that manages in the public trust the 
                inland or marine fishery resources or sustains the 
                habitat for those fishery resources of the State 
                pursuant to State law or the constitution of the State.
    (c) National Fish Habitat Board.--
            (1) Establishment.--
                    (A) Fish habitat board.--There is established a 
                board, to be known as the National Fish Habitat Board, 
                whose duties are--
                            (i) to promote, oversee, and coordinate the 
                        implementation of this section;
                            (ii) to establish national goals and 
                        priorities for fish habitat conservation;
                            (iii) to recommend to Congress entities for 
                        designation as Partnerships; and
                            (iv) to review and make recommendations 
                        regarding fish habitat conservation projects.
                    (B) Membership.--The Board shall be composed of 25 
                members, of whom--
                            (i) 1 shall be a representative of the 
                        Department of the Interior;
                            (ii) 1 shall be a representative of the 
                        United States Geological Survey;
                            (iii) 1 shall be a representative of the 
                        Department of Commerce;
                            (iv) 1 shall be a representative of the 
                        Department of Agriculture;
                            (v) 1 shall be a representative of the 
                        Association of Fish and Wildlife Agencies;
                            (vi) 4 shall be representatives of State 
                        agencies, 1 of whom shall be nominated by a 
                        regional association of fish and wildlife 
                        agencies from each of the Northeast, Southeast, 
                        Midwest, and Western regions of the United 
                        States;
                            (vii) 1 shall be a representative of 
                        either--
                                    (I) Indian Tribes in the State of 
                                Alaska; or
                                    (II) Indian Tribes in States other 
                                than the State of Alaska;
                            (viii) 1 shall be a representative of 
                        either--
                                    (I) the Regional Fishery Management 
                                Councils established under section 302 
                                of the Magnuson-Stevens Fishery 
                                Conservation and Management Act (16 
                                U.S.C. 1852); or
                                    (II) the Marine Fisheries 
                                Commissions, which is composed of--
                                            (aa) the Atlantic States 
                                        Marine Fisheries Commission;
                                            (bb) the Gulf States Marine 
                                        Fisheries Commission; and
                                            (cc) the Pacific States 
                                        Marine Fisheries Commission;
                            (ix) 1 shall be a representative of the 
                        Sportfishing and Boating Partnership Council;
                            (x) 7 shall be representatives selected 
                        from each of--
                                    (I) the recreational sportfishing 
                                industry;
                                    (II) the commercial fishing 
                                industry;
                                    (III) marine recreational anglers;
                                    (IV) freshwater recreational 
                                anglers;
                                    (V) habitat conservation 
                                organizations; and
                                    (VI) science-based fishery 
                                organizations;
                            (xi) 1 shall be a representative of a 
                        national private landowner organization;
                            (xii) 1 shall be a representative of an 
                        agricultural production organization;
                            (xiii) 1 shall be a representative of local 
                        government interests involved in fish habitat 
                        restoration;
                            (xiv) 2 shall be representatives from 
                        different sectors of corporate industries, 
                        which may include--
                                    (I) natural resource commodity 
                                interests, such as petroleum or mineral 
                                extraction;
                                    (II) natural resource user 
                                industries; and
                                    (III) industries with an interest 
                                in fish and fish habitat conservation; 
                                and
                            (xv) 1 shall be a leadership private sector 
                        or landowner representative of an active 
                        Partnership.
                    (C) Compensation.--A member of the Board shall 
                serve without compensation.
                    (D) Travel expenses.--A member of the Board may be 
                allowed travel expenses, including per diem in lieu of 
                subsistence, at rates authorized for an employee of an 
                agency under subchapter I of chapter 57 of title 5, 
                United States Code, while away from the home or regular 
                place of business of the member in the performance of 
                the duties of the Board.
            (2) Appointment and terms.--
                    (A) In general.--Except as otherwise provided in 
                this subsection, a member of the Board described in any 
                of clauses (vi) through (xiv) of paragraph (1)(B) shall 
                serve for a term of 3 years.
                    (B) Initial board membership.--
                            (i) In general.--The initial Board will 
                        consist of representatives as described in 
                        clauses (i) through (vi) of paragraph (1)(B).
                            (ii) Remaining members.--Not later than 60 
                        days after the date of enactment of this Act, 
                        the representatives of the initial Board 
                        pursuant to clause (i) shall appoint the 
                        remaining members of the Board described in 
                        clauses (viii) through (xiv) of paragraph 
                        (1)(B).
                            (iii) Tribal representatives.--Not later 
                        than 60 days after the enactment of this Act, 
                        the Secretary shall provide to the Board a 
                        recommendation of not fewer than 3 Tribal 
                        representatives, from which the Board shall 
                        appoint 1 representative pursuant to paragraph 
                        (1)(B)(vii).
                    (C) Transitional terms.--Of the members described 
                in paragraph (1)(B)(x) initially appointed to the 
                Board--
                            (i) 2 shall be appointed for a term of 1 
                        year;
                            (ii) 2 shall be appointed for a term of 2 
                        years; and
                            (iii) 3 shall be appointed for a term of 3 
                        years.
                    (D) Vacancies.--
                            (i) In general.--A vacancy of a member of 
                        the Board described in any of clauses (viii) 
                        through (xiv) of paragraph (1)(B) shall be 
                        filled by an appointment made by the remaining 
                        members of the Board.
                            (ii) Tribal representatives.--Following a 
                        vacancy of a member of the Board described in 
                        paragraph (1)(B)(vii), the Secretary shall 
                        recommend to the Board a list of not fewer than 
                        3 Tribal representatives, from which the 
                        remaining members of the Board shall appoint a 
                        representative to fill the vacancy.
                    (E) Continuation of service.--An individual whose 
                term of service as a member of the Board expires may 
                continue to serve on the Board until a successor is 
                appointed.
                    (F) Removal.--If a member of the Board described in 
                any of clauses (viii) through (xiv) of paragraph (1)(B) 
                misses 3 consecutive regularly scheduled Board 
                meetings, the members of the Board may--
                            (i) vote to remove that member; and
                            (ii) appoint another individual in 
                        accordance with subparagraph (D).
            (3) Chairperson.--
                    (A) In general.--The representative of the 
                Association of Fish and Wildlife Agencies appointed 
                pursuant to paragraph (1)(B)(v) shall serve as 
                Chairperson of the Board.
                    (B) Term.--The Chairperson of the Board shall serve 
                for a term of 3 years.
            (4) Meetings.--
                    (A) In general.--The Board shall meet--
                            (i) at the call of the Chairperson; but
                            (ii) not less frequently than twice each 
                        calendar year.
                    (B) Public access.--All meetings of the Board shall 
                be open to the public.
            (5) Procedures.--
                    (A) In general.--The Board shall establish 
                procedures to carry out the business of the Board, 
                including--
                            (i) a requirement that a quorum of the 
                        members of the Board be present to transact 
                        business;
                            (ii) a requirement that no recommendations 
                        may be adopted by the Board, except by the vote 
                        of \2/3\ of all members;
                            (iii) procedures for establishing national 
                        goals and priorities for fish habitat 
                        conservation for the purposes of this section;
                            (iv) procedures for designating 
                        Partnerships under subsection (d); and
                            (v) procedures for reviewing, evaluating, 
                        and making recommendations regarding fish 
                        habitat conservation projects.
                    (B) Quorum.--A majority of the members of the Board 
                shall constitute a quorum.
    (d) Fish Habitat Partnerships.--
            (1) Authority to recommend.--The Board may recommend to 
        Congress the designation of Fish Habitat Partnerships in 
        accordance with this subsection.
            (2) Purposes.--The purposes of a Partnership shall be--
                    (A) to work with other regional habitat 
                conservation programs to promote cooperation and 
                coordination to enhance fish and fish habitats;
                    (B) to engage local and regional communities to 
                build support for fish habitat conservation;
                    (C) to involve diverse groups of public and private 
                partners;
                    (D) to develop collaboratively a strategic vision 
                and achievable implementation plan that is 
                scientifically sound;
                    (E) to leverage funding from sources that support 
                local and regional Partnerships;
                    (F) to use adaptive management principles, 
                including evaluation of project success and 
                functionality;
                    (G) to develop appropriate local or regional 
                habitat evaluation and assessment measures and criteria 
                that are compatible with national habitat condition 
                measures; and
                    (H) to implement local and regional priority 
                projects that improve conditions for fish and fish 
                habitat.
            (3) Criteria for designation.--An entity seeking to be 
        designated by Congress as a Partnership shall--
                    (A) submit to the Board an application at such 
                time, in such manner, and containing such information 
                as the Board may require; and
                    (B) demonstrate to the Board that the entity has--
                            (i) a focus on promoting the health of 
                        important fish and fish habitats;
                            (ii) an ability to coordinate the 
                        implementation of priority projects that 
                        support the goals and national priorities set 
                        by the Board that are within the Partnership 
                        boundary;
                            (iii) a self-governance structure that 
                        supports the implementation of strategic 
                        priorities for fish habitat;
                            (iv) the ability to develop local and 
                        regional relationships with a broad range of 
                        entities to further strategic priorities for 
                        fish and fish habitat;
                            (v) a strategic plan that details required 
                        investments for fish habitat conservation that 
                        addresses the strategic fish habitat priorities 
                        of the Partnership and supports and meets the 
                        strategic priorities of the Board;
                            (vi) the ability to develop and implement 
                        fish habitat conservation projects that address 
                        strategic priorities of the Partnership and the 
                        Board; and
                            (vii) the ability to develop fish habitat 
                        conservation priorities based on sound science 
                        and data, the ability to measure the 
                        effectiveness of fish habitat projects of the 
                        Partnership, and a clear plan as to how 
                        Partnership science and data components will be 
                        integrated with the overall Board science and 
                        data effort.
            (4) Requirements for recommendation to congress.--The Board 
        may recommend to Congress for designation an application for a 
        Partnership submitted under paragraph (3)(A) if the Board 
        determines that the applicant--
                    (A) meets the criteria described in paragraph 
                (3)(B);
                    (B) identifies representatives to provide support 
                and technical assistance to the Partnership from a 
                diverse group of public and private partners, which may 
                include State or local governments, nonprofit entities, 
                Indian Tribes, and private individuals, that are 
                focused on conservation of fish habitats to achieve 
                results across jurisdictional boundaries on public and 
                private land;
                    (C) is organized to promote the health of important 
                fish species and important fish habitats, including 
                reservoirs, natural lakes, coastal and marine 
                environments, and estuaries;
                    (D) identifies strategic fish and fish habitat 
                priorities for the Partnership area in the form of 
                geographical focus areas or key stressors or 
                impairments to facilitate strategic planning and 
                decision making;
                    (E) is able to address issues and priorities on a 
                nationally significant scale;
                    (F) includes a governance structure that--
                            (i) reflects the range of all partners; and
                            (ii) promotes joint strategic planning and 
                        decision making by the applicant;
                    (G) demonstrates completion of, or significant 
                progress toward the development of, a strategic plan to 
                address the decline in fish populations, rather than 
                simply treating symptoms, in accordance with the goals 
                and national priorities established by the Board; and
                    (H) promotes collaboration in developing a 
                strategic vision and implementation program that is 
                scientifically sound and achievable.
            (5) Report to congress.--
                    (A) In general.--Not later than February 1 of the 
                first fiscal year beginning after the date of enactment 
                of this Act and each February 1 thereafter, the Board 
                shall develop and submit to the appropriate 
                congressional committees an annual report, to be 
                entitled ``Report to Congress on Future Fish Habitat 
                Partnerships and Modifications'', that--
                            (i) identifies any entity that--
                                    (I) meets the requirements 
                                described in paragraph (4); and
                                    (II) the Board recommends for 
                                designation as a Partnership;
                            (ii) describes any proposed modifications 
                        to a Partnership previously designated by 
                        Congress under paragraph (6); and
                            (iii) with respect to each entity 
                        recommended for designation as a Partnership, 
                        describes, to the maximum extent practicable--
                                    (I) the purpose of the recommended 
                                Partnership; and
                                    (II) how the recommended 
                                Partnership fulfills the requirements 
                                described in paragraph (4).
                    (B) Public availability; notification.--The Board 
                shall--
                            (i) make the report publicly available, 
                        including on the internet; and
                            (ii) provide to the appropriate 
                        congressional committees and the State agency 
                        of any State included in a recommended 
                        Partnership area written notification of the 
                        public availability of the report.
            (6) Designation or modification of partnership.--Congress 
        shall have the sole authority to designate or modify a 
        Partnership.
            (7) Existing partnerships.--
                    (A) Designation review.--Not later than 5 years 
                after the date of enactment of this Act, any fish 
                habitat Partnership receiving Federal funds as of the 
                date of enactment of this Act shall be subject to a 
                designation review by Congress in which Congress shall 
                have the opportunity to designate the Partnership under 
                paragraph (6).
                    (B) Ineligibility for federal funds.--A Partnership 
                referred to in subparagraph (A) that Congress does not 
                designate as described in that subparagraph shall be 
                ineligible to receive Federal funds under this section.
    (e) Fish Habitat Conservation Projects.--
            (1) Submission to board.--Not later than March 31 of each 
        calendar year, each Partnership shall submit to the Board a 
        list of priority fish habitat conservation projects recommended 
        by the Partnership for annual funding under this section.
            (2) Recommendations by board.--Not later than July 1 of 
        each calendar year, the Board shall submit to the Secretary a 
        priority list of fish habitat conservation projects that 
        includes the description, including estimated costs, of each 
        project that the Board recommends that the Secretary approve 
        and fund under this section for the following fiscal year.
            (3) Criteria for project selection.--The Board shall select 
        each fish habitat conservation project to be recommended to the 
        Secretary under paragraph (2) after taking into consideration, 
        at a minimum, the following information:
                    (A) A recommendation of the Partnership that is, or 
                will be, participating actively in implementing the 
                fish habitat conservation project.
                    (B) The capabilities and experience of project 
                proponents to implement successfully the proposed 
                project.
                    (C) The extent to which the fish habitat 
                conservation project--
                            (i) fulfills a local or regional priority 
                        that is directly linked to the strategic plan 
                        of the Partnership and is consistent with the 
                        purpose of this section;
                            (ii) addresses the national priorities 
                        established by the Board;
                            (iii) is supported by the findings of the 
                        Habitat Assessment of the Partnership or the 
                        Board, and aligns or is compatible with other 
                        conservation plans;
                            (iv) identifies appropriate monitoring and 
                        evaluation measures and criteria that are 
                        compatible with national measures;
                            (v) provides a well-defined budget linked 
                        to deliverables and outcomes;
                            (vi) leverages other funds to implement the 
                        project;
                            (vii) addresses the causes and processes 
                        behind the decline of fish or fish habitats; 
                        and
                            (viii) includes an outreach or education 
                        component that includes the local or regional 
                        community.
                    (D) The availability of sufficient non-Federal 
                funds to match Federal contributions for the fish 
                habitat conservation project, as required by paragraph 
                (5).
                    (E) The extent to which the local or regional fish 
                habitat conservation project--
                            (i) will increase fish populations in a 
                        manner that leads to recreational fishing 
                        opportunities for the public;
                            (ii) will be carried out through a 
                        cooperative agreement among Federal, State, and 
                        local governments, Indian Tribes, and private 
                        entities;
                            (iii) increases public access to land or 
                        water for fish and wildlife-dependent 
                        recreational opportunities;
                            (iv) advances the conservation of fish and 
                        wildlife species that have been identified by 
                        the States as species of greatest conservation 
                        need;
                            (v) where appropriate, advances the 
                        conservation of fish and fish habitats under 
                        the Magnuson-Stevens Fishery Conservation and 
                        Management Act (16 U.S.C. 1801 et seq.) and 
                        other relevant Federal law and State wildlife 
                        action plans; and
                            (vi) promotes strong and healthy fish 
                        habitats so that desired biological communities 
                        are able to persist and adapt.
                    (F) The substantiality of the character and design 
                of the fish habitat conservation project.
            (4) Limitations.--
                    (A) Requirements for evaluation.--No fish habitat 
                conservation project may be recommended by the Board 
                under paragraph (2) or provided financial assistance 
                under this section unless the fish habitat conservation 
                project includes an evaluation plan designed using 
                applicable Board guidance--
                            (i) to appropriately assess the biological, 
                        ecological, or other results of the habitat 
                        protection, restoration, or enhancement 
                        activities carried out using the assistance;
                            (ii) to reflect appropriate changes to the 
                        fish habitat conservation project if the 
                        assessment substantiates that the fish habitat 
                        conservation project objectives are not being 
                        met;
                            (iii) to identify improvements to existing 
                        fish populations, recreational fishing 
                        opportunities, and the overall economic 
                        benefits for the local community of the fish 
                        habitat conservation project; and
                            (iv) to require the submission to the Board 
                        of a report describing the findings of the 
                        assessment.
                    (B) Acquisition authorities.--
                            (i) In general.--A State, local government, 
                        or other non-Federal entity is eligible to 
                        receive funds for the acquisition of real 
                        property from willing sellers under this 
                        section if the acquisition ensures one of--
                                    (I) public access for compatible 
                                fish and wildlife-dependent recreation; 
                                or
                                    (II) a scientifically based, direct 
                                enhancement to the health of fish and 
                                fish populations, as determined by the 
                                Board.
                            (ii) State agency approval.--
                                    (I) In general.--All real property 
                                interest acquisition projects funded 
                                under this section are required to be 
                                approved by the State agency in the 
                                State in which the project is 
                                occurring.
                                    (II) Prohibition.--The Board may 
                                not recommend, and the Secretary may 
                                not provide any funding for, any real 
                                property interest acquisition that has 
                                not been approved by the State agency.
                            (iii) Assessment of other authorities.--The 
                        Fish Habitat Partnership shall conduct a 
                        project assessment, submitted with the funding 
                        request and approved by the Board, to 
                        demonstrate all other Federal, State, and local 
                        authorities for the acquisition of real 
                        property have been exhausted.
                            (iv) Restrictions.--A real property 
                        interest may not be acquired pursuant to a fish 
                        habitat conservation project by a State, local 
                        government, or other non-Federal entity, 
                        unless--
                                    (I) the owner of the real property 
                                authorizes the State, local government, 
                                or other non-Federal entity to acquire 
                                the real property; and
                                    (II) the Secretary and the Board 
                                determine that the State, local 
                                government, or other non-Federal entity 
                                would benefit from undertaking the 
                                management of the real property being 
                                acquired because that is in accordance 
                                with the goals of a Partnership.
            (5) Non-federal contributions.--
                    (A) In general.--Except as provided in subparagraph 
                (B), no fish habitat conservation project may be 
                recommended by the Board under paragraph (2) or 
                provided financial assistance under this section unless 
                at least 50 percent of the cost of the fish habitat 
                conservation project will be funded with non-Federal 
                funds.
                    (B) Non-federal share.--The non-Federal share of 
                the cost of a fish habitat conservation project--
                            (i) may not be derived from another Federal 
                        grant program; but
                            (ii) may include in-kind contributions and 
                        cash.
                    (C) Special rule for indian tribes.--
                Notwithstanding subparagraph (A) or any other provision 
                of law, any funds made available to an Indian Tribe 
                pursuant to this section may be considered to be non-
                Federal funds for the purpose of subparagraph (A).
            (6) Approval.--
                    (A) In general.--Not later than 90 days after the 
                date of receipt of the recommended priority list of 
                fish habitat conservation projects under paragraph (2), 
                subject to the limitations of paragraph (4), and based, 
                to the maximum extent practicable, on the criteria 
                described in paragraph (3), the Secretary, after 
                consulting with the Secretary of Commerce on marine or 
                estuarine projects, shall approve or reject any fish 
                habitat conservation project recommended by the Board.
                    (B) Funding.--If the Secretary approves a fish 
                habitat conservation project under subparagraph (A), 
                the Secretary shall use amounts made available to carry 
                out this section to provide funds to carry out the fish 
                habitat conservation project.
                    (C) Notification.--If the Secretary rejects any 
                fish habitat conservation project recommended by the 
                Board under paragraph (2), not later than 180 days 
                after the date of receipt of the recommendation, the 
                Secretary shall provide to the Board, the appropriate 
                Partnership, and the appropriate congressional 
                committees a written statement of the reasons that the 
                Secretary rejected the fish habitat conservation 
                project.
    (f) Technical and Scientific Assistance.--
            (1) In general.--The Director, the NOAA Assistant 
        Administrator, the EPA Assistant Administrator, and the 
        Director of the United States Geological Survey, in 
        coordination with the Forest Service and other appropriate 
        Federal departments and agencies, may provide scientific and 
        technical assistance to the Partnerships, participants in fish 
        habitat conservation projects, and the Board.
            (2) Inclusions.--Scientific and technical assistance 
        provided pursuant to paragraph (1) may include--
                    (A) providing technical and scientific assistance 
                to States, Indian Tribes, regions, local communities, 
                and nongovernmental organizations in the development 
                and implementation of Partnerships;
                    (B) providing technical and scientific assistance 
                to Partnerships for habitat assessment, strategic 
                planning, and prioritization;
                    (C) supporting the development and implementation 
                of fish habitat conservation projects that are 
                identified as high priorities by Partnerships and the 
                Board;
                    (D) supporting and providing recommendations 
                regarding the development of science-based monitoring 
                and assessment approaches for implementation through 
                Partnerships;
                    (E) supporting and providing recommendations for a 
                national fish habitat assessment;
                    (F) ensuring the availability of experts to assist 
                in conducting scientifically based evaluation and 
                reporting of the results of fish habitat conservation 
                projects; and
                    (G) providing resources to secure State agency 
                scientific and technical assistance to support 
                Partnerships, participants in fish habitat conservation 
                projects, and the Board.
    (g) Coordination With States and Indian Tribes.--The Secretary 
shall provide a notice to, and cooperate with, the appropriate State 
agency or Tribal agency, as applicable, of each State and Indian Tribe 
within the boundaries of which an activity is planned to be carried out 
pursuant to this section, including notification, by not later than 30 
days before the date on which the activity is implemented.
    (h) Interagency Operational Plan.--Not later than 1 year after the 
date of enactment of this Act, and every 5 years thereafter, the 
Director, in cooperation with the NOAA Assistant Administrator, the EPA 
Assistant Administrator, the Director of the United States Geological 
Survey, and the heads of other appropriate Federal departments and 
agencies (including at a minimum, those agencies represented on the 
Board), shall develop an interagency operational plan that describes--
            (1) the functional, operational, technical, scientific, and 
        general staff, administrative, and material needs for the 
        implementation of this section; and
            (2) any interagency agreements between or among Federal 
        departments and agencies to address those needs.
    (i) Accountability and Reporting.--
            (1) Reporting.--
                    (A) In general.--Not later than 5 years after the 
                date of enactment of this Act, and every 5 years 
                thereafter, the Board shall submit to the appropriate 
                congressional committees a report describing the 
                progress of this section.
                    (B) Contents.--Each report submitted under 
                subparagraph (A) shall include--
                            (i) an estimate of the number of acres, 
                        stream miles, or acre-feet, or other suitable 
                        measures of fish habitat, that was maintained 
                        or improved by Partnerships of Federal, State, 
                        or local governments, Indian Tribes, or other 
                        entities in the United States during the 5-year 
                        period ending on the date of submission of the 
                        report;
                            (ii) a description of the public access to 
                        fish habitats established or improved during 
                        that 5-year period;
                            (iii) a description of the improved 
                        opportunities for public recreational fishing; 
                        and
                            (iv) an assessment of the status of fish 
                        habitat conservation projects carried out with 
                        funds provided under this section during that 
                        period, disaggregated by year, including--
                                    (I) a description of the fish 
                                habitat conservation projects 
                                recommended by the Board under 
                                subsection (e)(2);
                                    (II) a description of each fish 
                                habitat conservation project approved 
                                by the Secretary under subsection 
                                (e)(6), in order of priority for 
                                funding;
                                    (III) a justification for--
                                            (aa) the approval of each 
                                        fish habitat conservation 
                                        project; and
                                            (bb) the order of priority 
                                        for funding of each fish 
                                        habitat conservation project;
                                    (IV) a justification for any 
                                rejection of a fish habitat 
                                conservation project recommended by the 
                                Board under subsection (e)(2) that was 
                                based on a factor other than the 
                                criteria described in subsection 
                                (e)(3); and
                                    (V) an accounting of expenditures 
                                by Federal, State, or local 
                                governments, Indian Tribes, or other 
                                entities to carry out fish habitat 
                                conservation projects.
            (2) Status and trends report.--Not later than December 31, 
        2020, and every 5 years thereafter, the Board shall submit to 
        the appropriate congressional committees a report that 
        includes--
                    (A) a status of all Partnerships designated under 
                this section;
                    (B) a description of the status of fish habitats in 
                the United States as identified by established 
                Partnerships; and
                    (C) enhancements or reductions in public access as 
                a result of--
                            (i) the activities of the Partnerships; or
                            (ii) any other activities carried out 
                        pursuant to this section.
    (j) Effect of Section.--
            (1) Water rights.--Nothing in this section--
                    (A) establishes any express or implied reserved 
                water right in the United States for any purpose;
                    (B) affects any water right in existence on the 
                date of enactment of this Act;
                    (C) preempts or affects any State water law or 
                interstate compact governing water; or
                    (D) affects any Federal or State law in existence 
                on the date of enactment of the Act regarding water 
                quality or water quantity.
            (2) Authority to acquire water rights or rights to 
        property.--Under this section, only a State, local government, 
        or other non-Federal entity may acquire, under State law, water 
        rights or rights to property.
            (3) State authority.--Nothing in this section--
                    (A) affects the authority, jurisdiction, or 
                responsibility of a State to manage, control, or 
                regulate fish and wildlife under the laws and 
                regulations of the State; or
                    (B) authorizes the Secretary to control or regulate 
                within a State the fishing or hunting of fish and 
                wildlife.
            (4) Effect on indian tribes.--Nothing in this section 
        abrogates, abridges, affects, modifies, supersedes, or alters 
        any right of an Indian Tribe recognized by treaty or any other 
        means, including--
                    (A) an agreement between the Indian Tribe and the 
                United States;
                    (B) Federal law (including regulations);
                    (C) an Executive order; or
                    (D) a judicial decree.
            (5) Adjudication of water rights.--Nothing in this section 
        diminishes or affects the ability of the Secretary to join an 
        adjudication of rights to the use of water pursuant to 
        subsection (a), (b), or (c) of section 208 of the Department of 
        Justice Appropriation Act, 1953 (43 U.S.C. 666).
            (6) Department of commerce authority.--Nothing in this 
        section affects the authority, jurisdiction, or responsibility 
        of the Department of Commerce to manage, control, or regulate 
        fish or fish habitats under the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et seq.).
            (7) Effect on other authorities.--
                    (A) Private property protection.--Nothing in this 
                section permits the use of funds made available to 
                carry out this section to acquire real property or a 
                real property interest without the written consent of 
                each owner of the real property or real property 
                interest.
                    (B) Mitigation.--Nothing in this section permits 
                the use of funds made available to carry out this 
                section for fish and wildlife mitigation purposes 
                under--
                            (i) the Federal Water Pollution Control Act 
                        (33 U.S.C. 1251 et seq.);
                            (ii) the Fish and Wildlife Coordination Act 
                        (16 U.S.C. 661 et seq.);
                            (iii) the Water Resources Development Act 
                        of 1986 (Public Law 99-662; 100 Stat. 4082); or
                            (iv) any other Federal law or court 
                        settlement.
                    (C) Clean water act.--Nothing in this section 
                affects any provision of the Federal Water Pollution 
                Control Act (33 U.S.C. 1251 et seq.), including any 
                definition in that Act.
    (k) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to--
            (1) the Board; or
            (2) any Partnership.
    (l) Funding.--
            (1) Authorization of appropriations.--
                    (A) Fish habitat conservation projects.--There is 
                authorized to be appropriated to the Secretary 
                $7,200,000 for each of fiscal years 2020 through 2024 
                to provide funds for fish habitat conservation projects 
                approved under subsection (e)(6), of which 5 percent 
                shall be made available for each fiscal year for 
                projects carried out by Indian Tribes.
                    (B) Administrative and planning expenses.--There is 
                authorized to be appropriated to the Secretary for each 
                of fiscal years 2020 through 2024 an amount equal to 5 
                percent of the amount appropriated for the applicable 
                fiscal year pursuant to subparagraph (A)--
                            (i) for administrative and planning 
                        expenses; and
                            (ii) to carry out subsection (i).
                    (C) Technical and scientific assistance.--There is 
                authorized to be appropriated for each of fiscal years 
                2020 through 2024 to carry out, and provide technical 
                and scientific assistance under, subsection (f)--
                            (i) $500,000 to the Secretary for use by 
                        the United States Fish and Wildlife Service;
                            (ii) $500,000 to the NOAA Assistant 
                        Administrator for use by the National Oceanic 
                        and Atmospheric Administration;
                            (iii) $500,000 to the EPA Assistant 
                        Administrator for use by the Environmental 
                        Protection Agency; and
                            (iv) $500,000 to the Secretary for use by 
                        the United States Geological Survey.
            (2) Agreements and grants.--The Secretary may--
                    (A) on the recommendation of the Board, and 
                notwithstanding sections 6304 and 6305 of title 31, 
                United States Code, and the Federal Financial 
                Assistance Management Improvement Act of 1999 (31 
                U.S.C. 6101 note; Public Law 106-107), enter into a 
                grant agreement, cooperative agreement, or contract 
                with a Partnership or other entity for a fish habitat 
                conservation project or restoration or enhancement 
                project;
                    (B) apply for, accept, and use a grant from any 
                individual or entity to carry out the purposes of this 
                section; and
                    (C) make funds available to any Federal department 
                or agency for use by that department or agency to 
                provide grants for any fish habitat protection project, 
                restoration project, or enhancement project that the 
                Secretary determines to be consistent with this 
                section.
            (3) Donations.--
                    (A) In general.--The Secretary may--
                            (i) enter into an agreement with any 
                        organization described in section 501(c)(3) of 
                        the Internal Revenue Code of 1986 that is 
                        exempt from taxation under section 501(a) of 
                        that Code to solicit private donations to carry 
                        out the purposes of this section; and
                            (ii) accept donations of funds, property, 
                        and services to carry out the purposes of this 
                        section.
                    (B) Treatment.--A donation accepted under this 
                section--
                            (i) shall be considered to be a gift or 
                        bequest to, or otherwise for the use of, the 
                        United States; and
                            (ii) may be--
                                    (I) used directly by the Secretary; 
                                or
                                    (II) provided to another Federal 
                                department or agency through an 
                                interagency agreement.
    (m) Prohibition Against Implementation of Regulatory Authority by 
Federal Agencies.--Any Partnership designated under this section--
            (1) shall be for the sole purpose of promoting fish 
        conservation; and
            (2) shall not be used to implement any regulatory authority 
        of any Federal agency.

      TITLE VI--TARGET PRACTICE AND MARKSMANSHIP TRAINING SUPPORT

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Target Practice and Marksmanship 
Training Support Act''.

SEC. 602. DEFINITION OF PUBLIC TARGET RANGE.

    In this title, the term ``public target range'' means a specific 
location that--
            (1) is identified by a governmental agency for recreational 
        shooting;
            (2) is open to the public;
            (3) may be supervised; and
            (4) may accommodate archery or rifle, pistol, or shotgun 
        shooting.

SEC. 603. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT.

    (a) Definitions.--Section 2 of the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669a) is amended--
            (1) by redesignating paragraphs (2) through (8) as 
        paragraphs (3) through (9), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(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;''.
    (b) Expenditures for Management of Wildlife Areas and Resources.--
Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (16 
U.S.C. 669g(b)) is amended--
            (1) by striking ``(b) Each State'' and inserting the 
        following:
    ``(b) Expenditures for Management of Wildlife Areas and 
Resources.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State'';
            (2) in paragraph (1) (as so designated), by striking 
        ``construction, operation,'' and inserting ``operation'';
            (3) in the second sentence, by striking ``The non-Federal 
        share'' and inserting the following:
            ``(3) Non-federal share.--The non-Federal share'';
            (4) in the third sentence, by striking ``The Secretary'' 
        and inserting the following:
            ``(4) Regulations.--The Secretary''; and
            (5) by inserting after paragraph (1) (as designated by 
        paragraph (1) of this subsection) the following:
            ``(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.''.
    (c) Firearm and Bow Hunter Education and Safety Program Grants.--
Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 
669h-1) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(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.'';
            (2) by striking subsection (b) and inserting the following:
    ``(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.''; and
            (3) in subsection (c)(1)--
                    (A) by striking ``Amounts made'' and inserting the 
                following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), amounts made''; and
                    (B) by adding at the end the following:
                    ``(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.''.

SEC. 604. LIMITS ON LIABILITY.

    (a) Discretionary Function.--For purposes of chapter 171 of title 
28, United States Code (commonly referred to as the ``Federal Tort 
Claims Act''), any action by an agent or employee of the United States 
to manage or allow the use of Federal land for purposes of target 
practice or marksmanship training by a member of the public shall be 
considered to be the exercise or performance of a discretionary 
function.
    (b) Civil Action or Claims.--Except to the extent provided in 
chapter 171 of title 28, United States Code, the United States shall 
not be subject to any civil action or claim for money damages for any 
injury to or loss of property, personal injury, or death caused by an 
activity occurring at a public target range that is--
            (1) funded in whole or in part by the Federal Government 
        pursuant to the Pittman-Robertson Wildlife Restoration Act (16 
        U.S.C. 669 et seq.); or
            (2) located on Federal land.

SEC. 605. SENSE OF CONGRESS REGARDING COOPERATION.

    It is the sense of Congress that, consistent with applicable laws 
and regulations, the Chief of the Forest Service and the Director of 
the Bureau of Land Management should cooperate with State and local 
authorities and other entities to carry out waste removal and other 
activities on any Federal land used as a public target range to 
encourage continued use of that land for target practice or 
marksmanship training.

TITLE VII--WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY 
                               COMMITTEE

SEC. 701. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY 
              COMMITTEE.

    The Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) is 
amended by adding at the end the following:

``SEC. 10. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY 
              COMMITTEE.

    ``(a) Establishment.--There is established the Wildlife and Hunting 
Heritage Conservation Council Advisory Committee (referred to in this 
section as the `Advisory Committee') to advise the Secretary of the 
Interior and the Secretary of Agriculture (referred to in this section 
as the `Secretaries') on wildlife and habitat conservation, hunting, 
and recreational shooting.
    ``(b) Duties of the Advisory Committee.--The Advisory Committee 
shall advise the Secretaries regarding--
            ``(1) implementation of the `Recreational Hunting and 
        Wildlife Resource Conservation Plan--A Ten-Year Plan for 
        Implementation' and any successor plans, in accordance with 
        Executive Order 13443 (16 U.S.C. 661 note; relating to 
        facilitation of hunting heritage and wildlife conservation);
            ``(2) increasing public awareness of, and support for, the 
        Wildlife Restoration Program;
            ``(3) fostering wildlife and habitat conservation and 
        ethics in hunting and shooting sports recreation;
            ``(4) stimulating the participation of sportsmen and 
        sportswomen in the conservation and management of wildlife and 
        habitat resources through outreach and education;
            ``(5) fostering communication and coordination among--
                    ``(A) the Federal Government and State and Tribal 
                governments;
                    ``(B) industry;
                    ``(C) sportsmen and sportswomen who hunt and shoot;
                    ``(D) wildlife and habitat conservation and 
                management organizations; and
                    ``(E) the public;
            ``(6) providing appropriate access to Federal land for 
        recreational shooting and hunting; and
            ``(7) recommendations to improve implementation of Federal 
        conservation programs that benefit wildlife, hunting, and 
        outdoor recreation on private land.
    ``(c) Membership.--
            ``(1) Appointment.--
                    ``(A) In general.--The Advisory Committee shall 
                consist of not more than 16 discretionary members and 7 
                ex officio members.
                    ``(B) Ex officio members.--The ex officio members 
                are--
                            ``(i) the Director of the United States 
                        Fish and Wildlife Service or a designated 
                        representative of the Director;
                            ``(ii) the Director of the Bureau of Land 
                        Management or a designated representative of 
                        the Director;
                            ``(iii) the Director of the National Park 
                        Service or a designated representative of the 
                        Director;
                            ``(iv) the Chief of the Forest Service or a 
                        designated representative of the Chief;
                            ``(v) the Chief of the Natural Resources 
                        Conservation Service or a designated 
                        representative of the Chief;
                            ``(vi) the Administrator of the Farm 
                        Service Agency or a designated representative 
                        of the Administrator; and
                            ``(vii) the Executive Director of the 
                        Association of Fish and Wildlife Agencies.
                    ``(C) Discretionary members.--The discretionary 
                members shall be appointed jointly by the Secretaries 
                from at least one of each of the following:
                            ``(i) State fish and wildlife management 
                        agencies.
                            ``(ii) Wildlife and habitat conservation 
                        management organizations.
                            ``(iii) Game bird hunting organizations.
                            ``(iv) Waterfowl hunting organizations.
                            ``(v) Big game hunting organizations.
                            ``(vi) The tourism, outfitter, or guiding 
                        industry relating to hunting, fishing, and 
                        shooting sports.
                            ``(vii) The hunting or shooting equipment 
                        retail industry.
                            ``(viii) Tribal resource management 
                        organizations.
                            ``(ix) Hunting, shooting, and fishing 
                        sports outreach and education organizations.
                            ``(x) Women's hunting and fishing advocacy, 
                        outreach, or education organizations.
                            ``(xi) Minority hunting and fishing 
                        advocacy, outreach, or education organizations.
                            ``(xii) Veterans service organizations.
            ``(2) Terms.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), members of the Advisory Committee 
                shall be appointed for a term of 4 years. Members shall 
                not be appointed for more than 3 terms.
                    ``(B) Terms of initial appointees.--As designated 
                by the Secretaries at the time of appointment, of the 
                members first appointed--
                            ``(i) 6 members shall be appointed for a 
                        term of 4 years;
                            ``(ii) 5 members shall be appointed for a 
                        term of 3 years; and
                            ``(iii) 5 members shall be appointed for a 
                        term of 2 years.
            ``(3) Preservation of public advisory status.--No 
        individual may be appointed as a discretionary member of the 
        Advisory Committee while serving as an officer or employee of 
        the Federal Government.
            ``(4) Vacancy and removal.--
                    ``(A) In general.--Any vacancy on the Advisory 
                Committee shall be filled in the manner in which the 
                original appointment was made.
                    ``(B) Removal.--Advisory Committee members shall 
                serve at the discretion of the Secretaries and may be 
                removed at any time for good cause.
            ``(5) Continuation of service.--Each appointed member may 
        continue to serve after the expiration of the term of office to 
        which such member was appointed until a successor has been 
        appointed.
            ``(6) Chairperson.--The Chairperson of the Advisory 
        Committee shall be appointed for a 3-year term by the 
        Secretaries, jointly, from among the members of the Advisory 
        Committee. An individual may not be appointed as Chairperson 
        for more than 2 terms.
            ``(7) Compensation.--Members of the Advisory Committee 
        shall serve without compensation.
            ``(8) Travel expenses.--Members of the Advisory Committee 
        may be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of duties of the Advisory 
        Committee.
            ``(9) Meetings.--
                    ``(A) In general.--The Advisory Committee shall 
                meet at the call of the Chairperson, but not less 
                frequently than twice annually.
                    ``(B) Open meetings.--Each meeting of the Advisory 
                Committee shall be open to the public.
                    ``(C) Prior notice of meetings.--Timely notice of 
                each meeting of the Advisory Committee shall be 
                published in the Federal Register and be submitted to 
                trade publications and publications of general 
                circulation.
                    ``(D) Subgroups.--The Advisory Committee may 
                establish such workgroups or subgroups as the Advisory 
                Committee deems necessary for the purpose of compiling 
                information or conducting research.
            ``(10) Quorum.--A majority of the members of the Advisory 
        Committee shall constitute a quorum.
    ``(d) Expenses, Administrative Support, Technical Services, and 
Advice.--The Secretaries may provide for expenses, administrative 
support, technical services, and advice to the Advisory Committee that 
the Secretaries determine to be appropriate.
    ``(e) Annual Report.--
            ``(1) Required.--Not later than September 30 of each year, 
        the Advisory Committee shall submit a report to the 
        Secretaries, the Committee on Natural Resources and the 
        Committee on Agriculture of the House of Representatives, and 
        the Committee on Energy and Natural Resources and the Committee 
        on Agriculture, Nutrition, and Forestry of the Senate.
            ``(2) Contents.--The report required under paragraph (1) 
        shall describe--
                    ``(A) the activities of the Advisory Committee 
                during the preceding year;
                    ``(B) the reports and recommendations made by the 
                Advisory Committee to the Secretaries during the 
                preceding year; and
                    ``(C) an accounting of actions taken by the 
                Secretaries as a result of the recommendations.
    ``(f) Federal Advisory Committee Act.--The Advisory Committee shall 
be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).''.

                         TITLE VIII--FILM CREWS

SEC. 801. COMMERCIAL FILMING.

    (a) In General.--Section 1 of Public Law 106-206 (16 U.S.C. 460l-
6d) is amended--
            (1) by redesignating subsections (a) through (f) as 
        subsections (b) through (g), respectively;
            (2) by inserting before subsection (b) (as so redesignated) 
        the following:
    ``(a) Definition of Secretary.--The term `Secretary' means the 
Secretary of the Interior or the Secretary of Agriculture, as 
applicable, with respect to land under the respective jurisdiction of 
the Secretary.'';
            (3) in subsection (b) (as so redesignated)--
                    (A) in paragraph (1)--
                            (i) in the first sentence--
                                    (I) by striking ``of the Interior 
                                or the Secretary of Agriculture 
                                (hereafter individually referred to as 
                                the `Secretary' with respect to land 
                                (except land in a System unit as 
                                defined in section 100102 of title 54, 
                                United States Code) under their 
                                respective jurisdictions)''; and
                                    (II) by striking ``or similar 
                                projects'';
                            (ii) in subparagraph (A), by striking ``or 
                        similar project''; and
                            (iii) in subparagraph (B), by inserting ``, 
                        except in the case of film crews of three or 
                        fewer individuals'' before the period at the 
                        end; and
                    (B) by adding at the end the following:
            ``(3) Fee schedule.--Not later than 180 days after the date 
        of enactment of the Sportsmen's Act, to enhance consistency in 
        the management of Federal land, the Secretaries shall publish a 
        single joint land use fee schedule for commercial filming and 
        still photography.'';
            (4) in subsection (c) (as so redesignated), in the second 
        sentence, by striking ``subsection (a)'' and inserting 
        ``subsection (b)'';
            (5) in subsection (d) (as so redesignated), in the heading, 
        by inserting ``commercial'' before ``still'';
            (6) in paragraph (1) of subsection (f) (as so 
        redesignated), by inserting ``in accordance with the Federal 
        Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.),'' 
        after ``without further appropriation,'';
            (7) in subsection (g) (as so redesignated)--
                    (A) by striking ``The Secretary shall'' and 
                inserting the following:
            ``(1) In general.--The Secretary shall''; and
                    (B) by adding at the end the following:
            ``(2) Considerations.--The Secretary shall not consider 
        subject matter or content as a criterion for issuing or denying 
        a permit under this Act.''; and
            (8) by adding at the end the following:
    ``(h) Exemption From Commercial Filming or Still Photography 
Permits and Fees.--The Secretary shall not require persons holding 
commercial use authorizations or special recreation permits to obtain 
an additional permit or pay a fee for commercial filming or still 
photography under this Act if--
            ``(1) the filming or photography conducted is incidental to 
        the permitted activity that is the subject of the commercial 
        use authorization or special recreation permit; and
            ``(2) the holder of the commercial use authorization or 
        special recreation permit is an individual or small business 
        concern (within the meaning of section 3 of the Small Business 
        Act (15 U.S.C. 632)).
    ``(i) Exception From Certain Fees.--Commercial filming or 
commercial still photography shall be exempt from fees under this Act, 
but not from recovery of costs under subsection (c), if the activity--
            ``(1) is conducted by an entity that is a small business 
        concern (within the meaning of section 3 of the Small Business 
        Act (15 U.S.C. 632));
            ``(2) is conducted by a crew of not more than 3 
        individuals; and
            ``(3) uses only a camera and tripod.
    ``(j) Applicability to News Gathering Activities.--
            ``(1) In general.--News gathering shall not be considered a 
        commercial activity.
            ``(2) Included activities.--In this subsection, the term 
        `news gathering' includes, at a minimum, the gathering, 
        recording, and filming of news and information related to news 
        in any medium.''.
    (b) Conforming Amendments.--Chapter 1009 of title 54, United States 
Code, is amended--
            (1) by striking section 100905; and
            (2) in the table of sections for chapter 1009 of title 54, 
        United States Code, by striking the item relating to section 
        100905.

                        TITLE IX--CHESAPEAKE BAY

SEC. 901. REAUTHORIZATION OF CHESAPEAKE BAY PROGRAM.

    Section 117(j) of the Federal Water Pollution Control Act (33 
U.S.C. 1267) is amended to read as follows:
    ``(j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $90,000,000 for each of fiscal 
years 2020 through 2024.''.

SEC. 902. REAUTHORIZATION OF CHESAPEAKE BAY INITIATIVE ACT OF 1998.

    Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (Public 
Law 105-312; 112 Stat. 2963; 129 Stat. 2579) is amended by striking 
``2017'' and inserting ``2024''.

              TITLE X--CHRONIC WASTING DISEASE MANAGEMENT

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Chronic Wasting Disease Management 
Act''.

SEC. 1002. DEFINITIONS.

    In this title:
            (1) Chronic wasting disease.--The term ``chronic wasting 
        disease'' means the animal disease afflicting among deer, elk, 
        and moose populations that--
                    (A) is a transmissible disease of the nervous 
                system resulting in distinctive lesions in the brain; 
                and
                    (B) belongs to the group of diseases known as 
                transmissible spongiform encephalopathies, which group 
                includes scrapie, bovine spongiform encephalopathy, and 
                Creutzfeldt-Jakob disease.
            (2) Eligible grant recipient.--The term ``eligible grant 
        recipient'' means a State department of wildlife, State 
        department of agriculture, college or university, or related 
        research center conducting scientific applied research 
        regarding chronic wasting disease.
            (3) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Animal and Plant Health 
        Inspection Service-Wildlife Services.

SEC. 1003. FINDINGS.

    Congress finds the following:
            (1) Pursuant to State and Federal law, the States retain 
        primary and policymaking authority with regard to wildlife 
        management, and nothing in this title interferes with or 
        otherwise affects the primary authority of the States in 
        managing wildlife generally, or managing, surveying, and 
        monitoring the incidence of chronic wasting disease.
            (2) Chronic wasting disease, the fatal neurological disease 
        found in cervids, is a fundamental threat to the health and 
        vibrancy of deer, elk, and moose populations, and the increased 
        occurrence of chronic wasting disease in regionally diverse 
        locations in recent months necessitates an escalation in 
        applied research, surveillance, monitoring, and management 
        activities focused on containing and managing this lethal 
        disease.
            (3) As the States move to manage existing levels of chronic 
        wasting disease and insulate noninfected wild and captive 
        cervid populations from the disease, the Federal Government 
        should endeavor to provide integrated and holistic financial 
        and technical support to these States and the many State 
        departments of wildlife, State departments of agriculture, 
        colleges and universities, and related research centers 
        conducting scientific applied research regarding chronic 
        wasting disease.
            (4) The Secretary should provide consistent, coherent, and 
        integrated support structures and programs for the benefit of 
        State wildlife and agricultural administrators, as chronic 
        wasting disease can move freely between captive and wild 
        cervids across the broad array of Federal, State, Tribal, and 
        local land management jurisdictions.
            (5) The Secretary can provide consistent, coherent, and 
        integrated support systems under existing legal authorities to 
        States and the many State departments of wildlife, State 
        departments of agriculture, colleges and universities, and 
        related research centers conducting scientific applied research 
        regarding chronic wasting disease.

SEC. 1004. SUPPORT FOR STATE EFFORTS TO MANAGE AND CONTROL CHRONIC 
              WASTING DISEASE.

    (a) Availability of Assistance.--The Secretary shall allocate funds 
made available under subparagraphs (A) and (B) of subsection (e)(1) 
directly to State and Tribal agencies responsible for wildlife 
management to support State and Tribal efforts to develop and implement 
management strategies to address chronic wasting disease.
    (b) Petition Process.--A State or Tribal agency shall petition the 
Secretary for a portion of the funds available under subsection (a).
    (c) Funding Priorities.--In determining the amounts to be allocated 
to State and Tribal agencies under subsection (a), the Secretary shall 
give priority to States and Tribal agencies based on the following 
criteria:
            (1) Relative scope of incidence of chronic wasting disease 
        on lands of the State or Indian Tribe, with priority given to 
        those States and Indian Tribes with the highest incidence of 
        the disease.
            (2) State or Tribal expenditures on chronic wasting disease 
        management, monitoring, surveillance, and applied research, 
        with priority given to those States and Indian Tribes that have 
        shown the greatest financial commitment to managing, 
        monitoring, surveying, and researching chronic wasting disease.
            (3) Comprehensive and integrated State or Tribal policies 
        and programs focused on chronic wasting disease management 
        between involved State or Tribal wildlife and agricultural 
        agencies, with priority given to those States and Indian Tribes 
        that have integrated the programs and policies of all involved 
        agencies related to chronic wasting disease management.
            (4) Rapid response to new outbreaks of chronic wasting 
        disease, whether occurring in areas in which chronic wasting 
        disease is already found or areas with first infections, with 
        the intent of containing the disease in any new area of 
        infection.
    (d) Rapid Response Fund.--The Secretary shall use funds made 
available under subsection (e)(1)(C) as a rapid response fund to 
support State and Tribal efforts to control the spread of chronic 
wasting disease upon the detection of chronic wasting disease among 
deer, elk, or moose populations not previously infected.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary $35,000,000 to support State and Tribal efforts 
        to manage and control chronic wasting disease, of which--
                    (A) $20,000,000 shall be allocated to States under 
                subsection (a);
                    (B) $5,000,000 shall be allocated to Tribal 
                agencies under subsection (a); and
                    (C) $10,000,000 shall be retained for the rapid 
                response fund under subsection (d).
            (2) Availability.--Funds appropriated pursuant to the 
        authorization of appropriations in paragraph (1) shall remain 
        available until expended.
            (3) Limitation on administrative costs.--Not more than 
        three percent of the amount appropriated pursuant to the 
        authorization of appropriations in paragraph (1) may be used to 
        cover administrative expenses incurred by the Secretary.

SEC. 1005. SUPPORT FOR APPLIED RESEARCH REGARDING CHRONIC WASTING 
              DISEASE.

    (a) Expansion of Applied Research Grants.--The Secretary shall make 
grants to support efforts to expand and accelerate applied research on 
chronic wasting disease, including (but not limited to) research 
regarding the following:
            (1) Sustainable cervid harvest management practices to 
        reduce chronic wasting disease occurrence and to prevent or 
        limit spatial spread of chronic wasting disease.
            (2) Management experiments and strategies designed for 
        long-term suppression of chronic wasting disease.
            (3) Harvest management practices and other practices that 
        exacerbate chronic wasting disease occurrence, with an emphasis 
        on retrospective analyses of available harvest management and 
        chronic wasting disease trend data.
            (4) Factors contributing to local emergence of chronic 
        wasting disease, increased prevalence of chronic wasting 
        disease, and distribution of chronic wasting disease, including 
        mechanisms of disease transmission and effective barriers to 
        transmission.
            (5) Methods and products to effectively detect infectious 
        prions in, and decontaminate infectious prions from natural 
        environments and inorganic surfaces.
    (b) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary $10,000,000 to make grants under subsection (a).
            (2) Availability.--Funds appropriated pursuant to the 
        authorization of appropriations in paragraph (1) shall remain 
        available until expended.
            (3) Limitation on administrative costs.--Not more than 
        three percent of the amount appropriated pursuant to the 
        authorization of appropriations in paragraph (1) may be used to 
        cover administrative expenses incurred by the Secretary.

SEC. 1006. MULTI-AGENCY COOPERATION WITH STATES TO ADDRESS CHRONIC 
              WASTING DISEASE.

    Land management agencies of the Department of Agriculture and the 
Department of the Interior shall work cooperatively with States--
            (1) in the conduct of applied research regarding chronic 
        wasting disease; and
            (2) in the implementation of State chronic wasting disease 
        response plans to reduce the spread and prevalence of chronic 
        wasting disease.

    TITLE XI--CHRONIC WASTING DISEASE TRANSMISSION IN CERVIDAE STUDY

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Chronic Wasting Disease 
Transmission in Cervidae Study Act''.

SEC. 1102. FINDINGS.

    Congress makes the following findings:
            (1) Chronic wasting disease continues to spread in wild, 
        free-ranging cervid herds and in captive cervid herds across 
        the United States and Canada, and as of December 2018, is in 26 
        States and three Canadian provinces.
            (2) From December 2017 to December 2018 alone, the disease 
        was detected for the first time in free-ranging cervid herds in 
        Mississippi, Montana, and Tennessee, and there were new 
        positive detections of the disease in 13 captive cervid herds 
        from Illinois, Michigan, Minnesota, Ohio, Pennsylvania, 
        Wisconsin, and Quebec, Canada.
            (3) Six of such herds are being monitored by the National 
        Chronic Wasting Disease Herd Certification Program of the 
        Animal and Plant Health Inspection Service, and therefore are 
        considered to be at low risk for chronic wasting disease.
            (4) From June 2017 to September 2018, 10 States, including 
        Arkansas, Illinois, Kansas, Minnesota, Missouri, Nebraska, 
        Texas, West Virginia, Wisconsin, and Wyoming, are already 
        fighting to control the transmission and spread of chronic 
        wasting disease and found positive detections for the disease 
        in additional wild, free-ranging cervid herds.
            (5) New positive detections in captive cervid herds were 
        found in Illinois, Michigan, Minnesota, Ohio, Pennsylvania, and 
        Wisconsin.
            (6) There is no known cure for chronic wasting disease, no 
        reliable live animal test to detect the disease, and only a 
        post-mortem test that provides some measure of reliable 
        detection of the disease.
            (7) Chronic wasting disease is 100 percent fatal and is 
        arguably the most important disease threatening North American 
        cervid resources.
            (8) The spread of chronic wasting disease continues to 
        increasingly and adversely affect the economic well-being of 
        rural communities, the hunting public, farmed cervid producers, 
        and State wildlife and agricultural agencies, because the only 
        known measure for reducing the spread of chronic wasting 
        disease is the complete depopulation of herds that test 
        positive for the disease, a drastic measure which comes with 
        great costs for all.
            (9) The long-term environmental persistence of chronic 
        wasting disease's causative agent means that State wildlife 
        management agencies, State departments of agriculture, and 
        private cervid farmers have relatively few options to mitigate 
        the effects of such disease.
            (10) There are ongoing debates about the predominant 
        transmission pathways that are causing the new detections and 
        continued spread of chronic wasting disease in cervids across 
        the United States and Canada.

SEC. 1103. CHRONIC WASTING DISEASE TRANSMISSION IN CERVIDAE RESOURCE 
              STUDY.

    (a) Study.--
            (1) In general.--The Secretaries shall enter into an 
        arrangement with the Academy under which the Academy shall 
        conduct, and submit to the Secretaries a report--
                    (A) describing the findings of, a special resource 
                study to identify the predominant pathways and 
                mechanisms of the transmission of chronic wasting 
                disease in wild, captive, and farmed populations of 
                cervids in the United States; and
                    (B) which may include the potential impacts on the 
                disease from transmissions from Canada.
            (2) Requirements.--The arrangement under paragraph (1) 
        shall provide that the actual expenses incurred by the Academy 
        in conducting the study under paragraph (1) shall be paid by 
        the Secretaries.
    (b) Contents of the Study.--Within and between wild, captive, and 
farmed cervid populations, the study--
            (1) may include, to the extent the United States is 
        affected on a continental scale, the potential impacts on the 
        disease from transmissions from Canada; and
            (2) shall--
                    (A) identify--
                            (i) the pathways and mechanisms for the 
                        transmission of chronic wasting disease in 
                        cervids and cervid products;
                            (ii) the dosage and infection rates for 
                        each such pathway and mechanism; and
                            (iii) the relative frequency of each mode 
                        of such transmission;
                    (B) identify anthropogenic and environmental 
                factors contributing to new chronic wasting disease 
                emergence events, the development of geographic areas 
                with increased chronic wasting disease prevalence, and 
                overall geographic patterns of chronic wasting disease 
                distribution;
                    (C) identify significant gaps in current scientific 
                knowledge regarding the transmission pathways 
                identified under subparagraph (A);
                    (D) identify and prioritize scientific research 
                projects that will address the knowledge gaps referred 
                to in subparagraph (C); and
                    (E) review science-based best practices, standards, 
                and guidance regarding the management of chronic 
                wasting disease in wild, captive, and farmed cervid 
                populations in the United States which have been 
                developed by--
                            (i) the National Chronic Wasting Disease 
                        Herd Certification Program of the Animal and 
                        Plant Health Inspection Service;
                            (ii) the United States Geological Survey; 
                        and
                            (iii) State wildlife and agricultural 
                        agencies, which provide practical, science-
                        based recommendations to State and Federal 
                        agencies for minimizing or eliminating the risk 
                        of transmission of chronic wasting disease in 
                        the United States.
    (c) Deadline.--Not later than 6 months after the date on which 
funds are first made available for the study under subsection (a), the 
Secretaries shall submit to the Committee on Agriculture of the House 
of Representatives, the Committee on Natural Resources of the House of 
Representatives, the Committee on Environment and Public Works of the 
Senate, and the Committee on Agriculture, Nutrition, and Forestry of 
the Senate a report that describes--
            (1) the findings of the study; and
            (2) any conclusions and recommendations that the Secretary 
        determines to be appropriate.
    (d) Data Sharing.--The Secretaries shall share with the entity 
conducting the study under subsection (a) data and access to databases 
on chronic wasting disease under the jurisdiction of--
            (1) the Veterinary Services Program of the Animal and Plant 
        Health Inspection Service; and
            (2) the United States Geological Survey.

SEC. 1104. DEFINITIONS.

    In this title:
            (1) Academy.--The term ``Academy'' means the National 
        Academy of Sciences.
            (2) Cervid.--The term ``cervid'' means any species within 
        the family Cervidae.
            (3) Chronic wasting disease.--The term ``chronic wasting 
        disease'' means the animal disease afflicting deer, elk, 
        reindeer, and moose populations that--
                    (A) is a transmissible disease of the nervous 
                system resulting in distinctive lesions in the brain; 
                and
                    (B) belongs to the group of diseases known as 
                transmissible spongiform encephalopathies, which group 
                includes scrapie, bovine spongiform encephalopathy, and 
                Creutzfeldt-Jakob disease.
            (4) Secretaries.--The term ``Secretaries'' means--
                    (A) the Secretary of Agriculture, acting through 
                the Administrator of the Animal and Plant Health 
                Inspection Service; and
                    (B) the Secretary of the Interior, acting through 
                the Director of the United States Geological Survey.

                  TITLE XII--MISCELLANEOUS PROVISIONS

SEC. 1201. RESPECT FOR TREATIES AND RIGHTS.

    Nothing in this Act or the amendments made by this Act shall be 
construed to affect or modify any treaty or other right of any 
federally recognized Indian Tribe.

SEC. 1202. NO PRIORITY OVER OTHER USES.

    Nothing in this Act or the amendments made by this Act provides a 
preference to hunting, fishing, or recreational shooting over any other 
use of Federal land or water.

SEC. 1203. STATE AUTHORITY FOR FISH AND WILDLIFE.

    Nothing in this Act--
            (1) authorizes the Secretary of Agriculture or the 
        Secretary to require Federal licenses or permits to hunt and 
        fish on Federal land; or
            (2) enlarges or diminishes the responsibility or authority 
        of States with respect to fish and wildlife management.
                                 <all>
```