I 

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. 

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

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

4 CONTENTS. 

5 (a) SHORT TITLE.—This Act may be cited as the 

6 ‘‘Authorizing Critical Conservation and Enabling Sports7 men and Sportswomen Act’’ or the ‘‘ACCESS Act’’. 


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1 (b) SECRETARY DEFINED.—For the purposes of this 

2 Act, the term ‘‘Secretary’’ means the Secretary of the In3 terior unless otherwise specifically indicated. 

4 (c) TABLE OF CONTENTS.—The table of contents for 

5 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. 


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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. 

1 TITLE I—NORTH AMERICAN 

2 WETLANDS CONSERVATION 

3 ACT REAUTHORIZATION 

4 SEC. 101. NORTH AMERICAN WETLANDS CONSERVATION 

5 ACT. 

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

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

8 4405(a)(3)) is amended— 

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

10 the following: 


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

2 REAL PROPERTY INTEREST.— 

3 ‘‘(A) IN GENERAL.—In lieu of’’; 

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

5 Secretary shall’’ and inserting the following: 

6 ‘‘(B) DETERMINATION.—The Secretary 

7 shall’’; and 

8 (3) by striking the third sentence and inserting 

9 the following: 

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

11 interest conveyed under this paragraph shall be 

12 subject to terms and conditions that ensure 

13 that— 

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

15 administered for the long-term conserva16 tion and management of the wetland eco17 system and the fish and wildlife dependent 

18 on that ecosystem; 

19 ‘‘(ii) the grantor of a real property in20 terest has been provided with information 

21 relating to all available conservation op22 tions, including conservation options that 

23 involve the conveyance of a real property 

24 interest for a limited period of time; and 


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1 ‘‘(iii) the provision of the information 

2 described in clause (ii) has been docu3 mented.’’. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

5 7(c) of the North American Wetlands Conservation Act 

6 (16 U.S.C. 4406(c)) is amended— 

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

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

9 the end and inserting ‘‘; and’’; and 

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

11 ‘‘(6) $75,000,000 for each of fiscal years 2020 

12 through 2024.’’. 

13 TITLE II—UNITED STATES FISH 

14 AND WILDLIFE SERVICE RE15 SOURCE PROTECTION 

16 SEC. 201. SHORT TITLE. 

17 This title may be cited as the ‘‘United States Fish 

18 and Wildlife Service Resource Protection Act’’. 

19 SEC. 202. DEFINITIONS. 

20 In this title: 

21 (1) DAMAGES.—The term ‘‘damages’’ means— 

22 (A) compensation for— 

23 (i)(I) the cost of replacing, restoring, 

24 or acquiring the equivalent of a system re25 source; and 


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1 (II) the value of any significant loss of 

2 use of a system resource, pending— 

3 (aa) restoration or replacement 

4 of the system resource; or 

5 (bb) the acquisition of an equiva6 lent resource; or 

7 (ii) the value of a system resource, if 

8 the system resource cannot be replaced or 

9 restored; and 

10 (B) the cost of any relevant damage as11 sessment carried out pursuant to section 

12 204(c). 

13 (2) RESPONSE COST.—The term ‘‘response 

14 cost’’ means the cost of any action carried out by 

15 the Secretary— 

16 (A) to prevent, minimize, or abate destruc17 tion or loss of, or injury to, a system resource; 

18 (B) to abate or minimize the imminent risk 

19 of such destruction, loss, or injury; or 

20 (C) to monitor the ongoing effects of any 

21 incident causing such destruction, loss, or in22 jury. 

23 (3) SYSTEM RESOURCE.—The term ‘‘system re24 source’’ means any living, nonliving, historical, culVerDate Sep 11 2014 19:57 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1326.IH H1326

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1 tural, or archeological resource that is located within 

2 the boundaries of— 

3 (A) a unit of the National Wildlife Refuge 

4 System; 

5 (B) a unit of the National Fish Hatchery 

6 System; or 

7 (C) any other land managed by the United 

8 States Fish and Wildlife Service, including any 

9 land managed cooperatively with any other Fed10 eral or State agency. 

11 SEC. 203. LIABILITY. 

12 (a) IN GENERAL.—Subject to subsection (c), any in13 dividual or entity that destroys, causes the loss of, or in14 jures any system resource, or that causes the Secretary 

15 to carry out any action to prevent, minimize, or abate de16 struction or loss of, or injuries or risk to, any system re17 source, shall be liable to the United States for any re18 sponse costs or damages resulting from the destruction, 

19 loss, or injury. 

20 (b) LIABILITY IN REM.—Any instrumentality (includ21 ing a vessel, vehicle, aircraft, or other equipment or mech22 anism) that destroys, causes the loss of, or injures any 

23 system resource, or that causes the Secretary to carry out 

24 any action to prevent, minimize, or abate destruction or 

25 loss of, or injury or risk to, a system resource shall be 


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1 liable in rem to the United States for any response costs 

2 or damages resulting from the destruction, loss, or injury, 

3 to the same extent that an individual or entity is liable 

4 under subsection (a). 

5 (c) DEFENSES.—An individual or entity shall not be 

6 liable under this section, if the individual or entity can 

7 establish that— 

8 (1) the destruction or loss of, or injury to, the 

9 system resource was caused solely by an act of God 

10 or an act of war; or 

11 (2)(A) the individual or entity exercised due 

12 care; and 

13 (B) the destruction or loss of, or injury to, the 

14 system resource was caused solely by an act or omis15 sion of a third party, other than an employee or 

16 agent of the individual or entity. 

17 (d) SCOPE.—The liability established by this section 

18 shall be in addition to any other liability arising under 

19 Federal or State law. 

20 SEC. 204. ACTIONS. 

21 (a) CIVIL ACTIONS FOR RESPONSE COSTS AND DAM22 AGES.—The Attorney General, on request of the Sec23 retary, may commence a civil action in the United States 

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1 vidual, entity, or instrumentality that may be liable under 

2 section 203 for response costs or damages. 

3 (b) ADMINISTRATIVE ACTIONS FOR RESPONSE

4 COSTS AND DAMAGES.— 

5 (1) ACTION BY SECRETARY.— 

6 (A) IN GENERAL.—Subject to paragraph 

7 (2), the Secretary, after making a finding de8 scribed in subparagraph (B), may consider, 

9 compromise, and settle a claim for response 

10 costs and damages if the claim has not been re11 ferred to the Attorney General under subsection 

12 (a). 

13 (B) DESCRIPTION OF FINDINGS.—A find14 ing referred to in subparagraph (A) is a finding 

15 that— 

16 (i) destruction or loss of, or injury to, 

17 a system resource has occurred; or 

18 (ii) such destruction, loss, or injury 

19 would occur absent an action by the Sec20 retary to prevent, minimize, or abate the 

21 destruction, loss, or injury. 

22 (2) REQUIREMENT.—In any case in which the 

23 total amount to be recovered in a civil action under 

24 subsection (a) may exceed $500,000 (excluding in25 terest), a claim may be compromised and settled 


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1 under paragraph (1) only with the prior written ap2 proval of the Attorney General. 

3 (c) RESPONSE ACTIONS, ASSESSMENTS OF DAM4 AGES, AND INJUNCTIVE RELIEF.— 

5 (1) IN GENERAL.—The Secretary may carry out 

6 all necessary actions (including making a request to 

7 the Attorney General to seek injunctive relief)— 

8 (A) to prevent, minimize, or abate destruc9 tion or loss of, or injury to, a system resource; 

10 or 

11 (B) to abate or minimize the imminent risk 

12 of such destruction, loss, or injury. 

13 (2) ASSESSMENT AND MONITORING.— 

14 (A) IN GENERAL.—The Secretary may as15 sess and monitor the destruction or loss of, or 

16 injury to, any system resource for purposes of 

17 paragraph (1). 

18 (B) JUDICIAL REVIEW.—Any determina19 tion or assessment of damage to a system re20 source carried out under subparagraph (A) 

21 shall be subject to judicial review under sub22 chapter II of chapter 5, and chapter 7, of title 

23 5, United States Code (commonly known as the 

24 ‘‘Administrative Procedure Act’’), on the basis 


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1 of the administrative record developed by the 

2 Secretary. 

3 SEC. 205. USE OF RECOVERED AMOUNTS. 

4 (a) IN GENERAL.—An amount equal to the total 

5 amount of the response costs and damages recovered by 

6 the Secretary under this title and any amounts recovered 

7 by the Federal Government under any provision of Fed8 eral, State, or local law (including regulations) or other9 wise as a result of the destruction or loss of, or injury 

10 to, any system resource shall be made available to the Sec11 retary, without further appropriation, for use in accord12 ance with subsection (b). 

13 (b) USE.—The Secretary may use amounts made 

14 available under subsection (a) only, in accordance with ap15 plicable law— 

16 (1) to reimburse response costs and damage as17 sessments carried out pursuant to this title by the 

18 Secretary or such other Federal agency as the Sec19 retary determines to be appropriate; 

20 (2) to restore, replace, or acquire the equivalent 

21 of a system resource that was destroyed, lost, or in22 jured; or 

23 (3) to monitor and study system resources. 


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1 SEC. 206. DONATIONS. 

2 (a) IN GENERAL.—In addition to any other authority 

3 to accept donations, the Secretary may accept donations 

4 of money or services for expenditure or use to meet ex5 pected, immediate, or ongoing response costs and dam6 ages. 

7 (b) TIMING.—A donation described in subsection (a) 

8 may be expended or used at any time after acceptance of 

9 the donation, without further action by Congress. 

10 SEC. 207. TRANSFER OF FUNDS FROM NATURAL RESOURCE 

11 DAMAGE ASSESSMENT AND RESTORATION 

12 FUND. 

13 The matter under the heading ‘‘NATURAL RESOURCE

14 DAMAGE ASSESSMENT AND RESTORATION FUND’’ under 

15 the heading ‘‘UNITED STATES FISH AND WILDLIFE SERV16 ICE’’ of title I of the Department of the Interior and Re17 lated Agencies Appropriations Act, 1994 (43 U.S.C. 

18 1474b–1), is amended by striking ‘‘Provided, That’’ and 

19 all that follows through ‘‘activities.’’ and inserting the fol20 lowing: ‘‘Provided, That notwithstanding any other provi21 sion of law, any amounts appropriated or credited during 

22 fiscal year 1992 or any fiscal year thereafter may be trans23 ferred to any account (including through a payment to any 

24 Federal or non-Federal trustee) to carry out a negotiated 

25 legal settlement or other legal action for a restoration ac26 tivity under the Comprehensive Environmental Response, 


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1 Compensation, and Liability Act (42 U.S.C. 9601 et seq.), 

2 the Federal Water Pollution Control Act (33 U.S.C. 1251 

3 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 

4 et seq.), the Act of July 27, 1990 (16 U.S.C. 19jj et seq.), 

5 or the United States Fish and Wildlife Service Resource 

6 Protection Act, or for any damage assessment activity: 

7 Provided further, That sums provided by any individual 

8 or entity before or after the date of enactment of this Act 

9 shall remain available until expended and shall not be lim10 ited to monetary payments, but may include stocks, bonds, 

11 or other personal or real property, which may be retained, 

12 liquidated, or otherwise disposed of by the Secretary for 

13 the restoration of injured resources or to conduct any new 

14 damage assessment activity.’’. 

15 TITLE III—GREAT LAKES MONI16 TORING, ASSESSMENT, 

17 SCIENCE, AND RESEARCH 

18 SEC. 301. GREAT LAKES MONITORING, ASSESSMENT, 

19 SCIENCE, AND RESEARCH. 

20 (a) DEFINITIONS.—In this section: 

21 (1) DIRECTOR.—The term ‘‘Director’’ means 

22 the Director of the United States Geological Survey. 

23 (2) GREAT LAKES BASIN.—The term ‘‘Great 

24 Lakes Basin’’ means the air, land, water, and living 

25 organisms in the United States within the drainage 


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1 basin of the Saint Lawrence River at and upstream 

2 from the point at which such river and the Great 

3 Lakes become the international boundary between 

4 Canada and the United States. 

5 (b) FINDINGS.—Congress finds the following: 

6 (1) The Great Lakes support a diverse eco7 system, on which the vibrant and economically valu8 able Great Lakes fisheries depend. 

9 (2) To continue successful fisheries manage10 ment and coordination, as has occurred since signing 

11 of the Convention on Great Lakes Fisheries between 

12 the United States and Canada on September 10, 

13 1954, management of the ecosystem and its fisheries 

14 require sound, reliable science, and the use of mod15 ern scientific technologies. 

16 (3) Fisheries research is necessary to support 

17 multi-jurisdictional fishery management decisions 

18 and actions regarding recreational and sport fishing, 

19 commercial fisheries, Tribal harvest, allocation deci20 sions, and fish stocking activities. 

21 (4) President Richard Nixon submitted, and the 

22 Congress approved, Reorganization Plan No. 4 (84 

23 Stat. 2090), conferring science activities and man24 agement of marine fisheries to the National Oceanic 

25 and Atmospheric Administration. 


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1 (5) Reorganization Plan No. 4 expressly ex2 cluded fishery research activities within the Great 

3 Lakes from the transfer, retaining management and 

4 scientific research duties within the already-estab5 lished jurisdictions under the 1954 Convention on 

6 Great Lakes Fisheries, including those of the Great 

7 Lakes Fishery Commission and the Department of 

8 the Interior. 

9 (c) MONITORING, ASSESSMENT, SCIENCE, AND RE10 SEARCH.— 

11 (1) IN GENERAL.—The Director may conduct 

12 monitoring, assessment, science, and research, in 

13 support of the binational fisheries within the Great 

14 Lakes Basin. 

15 (2) SPECIFIC AUTHORITIES.—The Director 

16 shall, under paragraph (1)— 

17 (A) execute a comprehensive, multi-lake, 

18 freshwater fisheries science program; 

19 (B) coordinate with and work cooperatively 

20 with regional, State, Tribal, and local govern21 ments; and 

22 (C) consult with other interested entities 

23 groups, including academia and relevant Cana24 dian agencies. 


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1 (3) INCLUDED RESEARCH.—To properly serve 

2 the needs of fisheries managers, monitoring, assess3 ment, science, and research under this section may 

4 include— 

5 (A) deepwater ecosystem sciences; 

6 (B) biological and food-web components; 

7 (C) fish movement and behavior investiga8 tions; 

9 (D) fish population structures; 

10 (E) fish habitat investigations; 

11 (F) invasive species science; 

12 (G) use of existing, new, and experimental 

13 biological assessment tools, equipment, vessels, 

14 other scientific instrumentation and laboratory 

15 capabilities necessary to support fishery man16 agement decisions; and 

17 (H) studies to assess impacts on Great 

18 Lakes Fishery resources. 

19 (4) SAVINGS CLAUSE.—Nothing in this section 

20 is intended or shall be construed to impede, super21 sede, or alter the authority of the Great Lakes Fish22 ery Commission, States, and Indian Tribes under 

23 the Convention on Great Lakes Fisheries between 

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1 tember 10, 1954, and the Great Lakes Fishery Act 

2 of 1956 (16 U.S.C. 931 et seq.). 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—For 

4 each of fiscal years 2020 through 2024, there is author5 ized to be appropriated $15,000,000 to carry out this sec6 tion. 

7 TITLE IV—NATIONAL FISH AND 

8 WILDLIFE FOUNDATION ES9 TABLISHMENT ACT REAU10 THORIZATION 

11 SEC. 401. NATIONAL FISH AND WILDLIFE FOUNDATION ES12 TABLISHMENT ACT. 

13 (a) BOARD OF DIRECTORS OF FOUNDATION.— 

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

15 Fish and Wildlife Foundation Establishment Act (16 

16 U.S.C. 3702) is amended— 

17 (A) in subsection (b)— 

18 (i) by striking paragraph (2) and in19 serting the following: 

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

21 Secretary of Commerce and considering the rec22 ommendations submitted by the Board, the Sec23 retary of the Interior shall appoint 28 Directors 

24 who, to the maximum extent practicable, shall— 


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1 ‘‘(A) be knowledgeable and experienced in 

2 matters relating to the conservation of fish, 

3 wildlife, or other natural resources; and 

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

5 ocean, coastal, freshwater, and terrestrial re6 source conservation.’’; and 

7 (ii) by striking paragraph (3) and in8 serting the following: 

9 ‘‘(3) TERMS.—Each Director (other than a Di10 rector described in paragraph (1)) shall be appointed 

11 for a term of 6 years.’’; and 

12 (B) in subsection (g)(2)— 

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

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

15 appointed until the Foundation has suffi16 cient funds to pay them for their service. 

17 Officers’’ and inserting the following: 

18 ‘‘(A) IN GENERAL.—Officers’’; and 

19 (ii) by striking subparagraph (B) and 

20 inserting the following: 

21 ‘‘(B) EXECUTIVE DIRECTOR.—The Foun22 dation shall have an Executive Director who 

23 shall be— 


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1 ‘‘(i) appointed by, and serve at the di2 rection of, the Board as the chief executive 

3 officer of the Foundation; and 

4 ‘‘(ii) knowledgeable and experienced in 

5 matters relating to fish and wildlife con6 servation.’’. 

7 (2) CONFORMING AMENDMENT.—Section 

8 4(a)(1)(B) of the North American Wetlands Con9 servation Act (16 U.S.C. 4403(a)(1)(B)) is amended 

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

11 ‘‘Executive Director of the Board’’. 

12 (b) RIGHTS AND OBLIGATIONS OF FOUNDATION.— 

13 Section 4 of the National Fish and Wildlife Foundation 

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

15 (1) in subsection (c)— 

16 (A) in paragraph (4), by striking ‘‘that are 

17 insured by an agency or instrumentality of the 

18 United States’’ and inserting ‘‘at 1 or more fi19 nancial institutions that are members of the 

20 Federal Deposit Insurance Corporation or the 

21 Securities Investment Protection Corporation’’; 

22 (B) in paragraph (5), by striking ‘‘para23 graph (3) or (4)’’ and inserting ‘‘subparagraph 

24 (C) or (D)’’; 


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1 (C) in paragraph (10), by striking ‘‘; and’’ 

2 and inserting a semicolon; 

3 (D) by striking paragraph (11); 

4 (E) by striking ‘‘For the purposes’’ and all 

5 that follows through ‘‘of the Foundation.’’; 

6 (F) by inserting after paragraph (10) the 

7 following: 

8 ‘‘(11) to receive and administer restitution and 

9 community service payments, amounts for mitigation 

10 of impacts to natural resources, and other amounts 

11 arising from legal, regulatory, or administrative pro12 ceedings, subject to the condition that the amounts 

13 are received or administered for purposes that fur14 ther the conservation and management of fish, wild15 life, plants, and other natural resources; and 

16 ‘‘(12) to do acts necessary to carry out the pur17 poses of the Foundation.’’; 

18 (G) by striking ‘‘(c) POWERS.—To carry 

19 out its purposes under’’ and inserting the fol20 lowing: 

21 ‘‘(c) POWERS.— 

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

23 described in’’; 

24 (H) by redesignating paragraphs (1) 

25 through (12) as subparagraphs (A) through 


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1 (L), respectively, and indenting appropriately; 

2 and 

3 (I) by inserting after subparagraph (L) the 

4 following: 

5 ‘‘(2) TREATMENT OF REAL PROPERTY.— 

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

7 Act, an interest in real property shall be treated 

8 as including easements or other rights for pres9 ervation, conservation, protection, or enhance10 ment by and for the public of natural, scenic, 

11 historic, scientific, educational, inspirational, or 

12 recreational resources. 

13 ‘‘(B) ENCUMBERED REAL PROPERTY.—A 

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

15 Foundation even though the gift, devise, or be16 quest is encumbered, restricted, or subject to 

17 beneficial interests of private persons if any 

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

19 bequest is for the benefit of the Foundation. 

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

21 administration of amounts by the Foundation under 

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

23 any regulatory or statutory requirement associated 

24 with those amounts.’’; 

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


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

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

3 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 10 of the National Fish and Wildlife Foundation Estab5 lishment Act (16 U.S.C. 3709) is amended— 

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

7 and inserting the following: 

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

9 appropriated to carry out this Act for each of fiscal 

10 years 2020 through 2024— 

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

12 Interior; 

13 ‘‘(B) $5,000,000 to the Secretary of Agri14 culture; and 

15 ‘‘(C) $5,000,000 to the Secretary of Com16 merce.’’; 

17 (2) in subsection (b)— 

18 (A) by striking paragraph (1) and insert19 ing the following: 

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

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

22 amounts authorized to be appropriated under 

23 subsection (a), Federal departments, agencies, 

24 or instrumentalities are authorized to provide 

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1 cial assistance grants and cooperative agree2 ments, subject to the condition that the 

3 amounts are used for purposes that further the 

4 conservation and management of fish, wildlife, 

5 plants, and other natural resources in accord6 ance with this Act. 

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

8 agencies, or instrumentalities may advance 

9 amounts described in subparagraph (A) to the 

10 Foundation in a lump sum without regard to 

11 when the expenses for which the amounts are 

12 used are incurred. 

13 ‘‘(C) MANAGEMENT FEES.—The Founda14 tion may assess and collect fees for the manage15 ment of amounts received under this para16 graph.’’; 

17 (B) in paragraph (2)— 

18 (i) in the paragraph heading, by strik19 ing ‘‘FUNDS’’ and inserting ‘‘AMOUNTS’’; 

20 (ii) by striking ‘‘shall be used’’ and in21 serting ‘‘may be used’’; and 

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

23 government agencies’’ and inserting ‘‘, 

24 State and local government agencies, and 

25 other entities’’; and 


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

2 ‘‘(3) ADMINISTRATION OF AMOUNTS.— 

3 ‘‘(A) IN GENERAL.—In entering into con4 tracts, agreements, or other partnerships pursu5 ant to this Act, a Federal department, agency, 

6 or instrumentality shall have discretion to waive 

7 any competitive process applicable to the de8 partment, agency, or instrumentality for enter9 ing into contracts, agreements, or partnerships 

10 with the Foundation if the purpose of the waiv11 er is— 

12 ‘‘(i) to address an environmental 

13 emergency resulting from a natural or 

14 other disaster; or 

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

16 applicable Federal department, agency, or 

17 instrumentality, to reduce administrative 

18 expenses and expedite the conservation and 

19 management of fish, wildlife, plants, and 

20 other natural resources. 

21 ‘‘(B) REPORTS.—The Foundation shall in22 clude in the annual report submitted under sec23 tion 7(b) a description of any use of the author24 ity under subparagraph (A) by a Federal deVerDate Sep 11 2014 19:57 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H1326.IH H1326

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1 partment, agency, or instrumentality in that fis2 cal year.’’; and 

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

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

5 MONEY OR OTHER PROPERTY.—Any gifts, devises, or be6 quests of amounts or other property, or any other amounts 

7 or other property, transferred to, deposited with, or other8 wise in the possession of the Foundation pursuant to this 

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

10 departments, agencies, or instrumentalities and may be 

11 accepted and expended (or the disposition of the amounts 

12 or property directed), without further appropriation, by 

13 those Federal departments, agencies, or instrumentalities, 

14 subject to the condition that the amounts or property be 

15 used for purposes that further the conservation and man16 agement of fish, wildlife, plants, and other natural re17 sources.’’. 

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

19 National Fish and Wildlife Foundation Establishment Act 

20 (16 U.S.C. 3710) is amended by inserting ‘‘exclusive’’ be21 fore ‘‘authority’’. 


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1 TITLE V—FISH HABITAT 

2 CONSERVATION 

3 SEC. 501. NATIONAL FISH HABITAT CONSERVATION 

4 THROUGH PARTNERSHIPS. 

5 (a) PURPOSE.—The purpose of this section is to en6 courage partnerships among public agencies and other in7 terested parties to promote fish conservation— 

8 (1) to achieve measurable habitat conservation 

9 results through strategic actions of Fish Habitat 

10 Partnerships that lead to better fish habitat condi11 tions and increased fishing opportunities by— 

12 (A) improving ecological conditions; 

13 (B) restoring natural processes; or 

14 (C) preventing the decline of intact and 

15 healthy systems; 

16 (2) to establish a consensus set of national con17 servation strategies as a framework to guide future 

18 actions and investment by Fish Habitat Partner19 ships; 

20 (3) to broaden the community of support for 

21 fish habitat conservation by— 

22 (A) increasing fishing opportunities; 

23 (B) fostering the participation of local 

24 communities, especially young people in local 

25 communities, in conservation activities; and 


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1 (C) raising public awareness of the role 

2 healthy fish habitat play in the quality of life 

3 and economic well-being of local communities; 

4 (4) to fill gaps in the National Fish Habitat As5 sessment and the associated database of the Na6 tional Fish Habitat Assessment— 

7 (A) to empower strategic conservation ac8 tions supported by broadly available scientific 

9 information; and 

10 (B) to integrate socioeconomic data in the 

11 analysis to improve the lives of humans in a 

12 manner consistent with fish habitat conserva13 tion goals; and 

14 (5) to communicate to the public and conserva15 tion partners— 

16 (A) the conservation outcomes produced 

17 collectively by Fish Habitat Partnerships; and 

18 (B) new opportunities and voluntary ap19 proaches for conserving fish habitat. 

20 (b) DEFINITIONS.—In this section: 

21 (1) APPROPRIATE CONGRESSIONAL COMMIT22 TEES.—The term ‘‘appropriate congressional com23 mittees’’ means— 


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1 (A) the Committee on Commerce, Science, 

2 and Transportation and the Committee on En3 vironment and Public Works of the Senate; and 

4 (B) the Committee on Natural Resources 

5 of the House of Representatives. 

6 (2) BOARD.—The term ‘‘Board’’ means the Na7 tional Fish Habitat Board established by subsection 

8 (c)(1)(A). 

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

10 the Director of the United States Fish and Wildlife 

11 Service. 

12 (4) EPA ASSISTANT ADMINISTRATOR.—The 

13 term ‘‘EPA Assistant Administrator’’ means the As14 sistant Administrator for Water of the Environ15 mental Protection Agency. 

16 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

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

18 Indian Self-Determination and Education Assistance 

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

20 (6) NOAA ASSISTANT ADMINISTRATOR.—The 

21 term ‘‘NOAA Assistant Administrator’’ means the 

22 Assistant Administrator for Fisheries of the Na23 tional Oceanic and Atmospheric Administration. 

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

25 means a self-governed entity designated by Congress 


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1 as a Fish Habitat Partnership under subsection 

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

3 subsection (d)(1). 

4 (8) REAL PROPERTY INTEREST.—The term 

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

6 in— 

7 (A) land; or 

8 (B) water (including water rights). 

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

10 the several States. 

11 (10) STATE AGENCY.—The term ‘‘State agen12 cy’’ means— 

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

14 and 

15 (B) any department or division of a de16 partment or agency of a State that manages in 

17 the public trust the inland or marine fishery re18 sources or sustains the habitat for those fishery 

19 resources of the State pursuant to State law or 

20 the constitution of the State. 

21 (c) NATIONAL FISH HABITAT BOARD.— 

22 (1) ESTABLISHMENT.— 

23 (A) FISH HABITAT BOARD.—There is es24 tablished a board, to be known as the National 

25 Fish Habitat Board, whose duties are— 


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1 (i) to promote, oversee, and coordinate 

2 the implementation of this section; 

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

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

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

9 projects. 

10 (B) MEMBERSHIP.—The Board shall be 

11 composed of 25 members, of whom— 

12 (i) 1 shall be a representative of the 

13 Department of the Interior; 

14 (ii) 1 shall be a representative of the 

15 United States Geological Survey; 

16 (iii) 1 shall be a representative of the 

17 Department of Commerce; 

18 (iv) 1 shall be a representative of the 

19 Department of Agriculture; 

20 (v) 1 shall be a representative of the 

21 Association of Fish and Wildlife Agencies; 

22 (vi) 4 shall be representatives of State 

23 agencies, 1 of whom shall be nominated by 

24 a regional association of fish and wildlife 

25 agencies from each of the Northeast, 


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1 Southeast, Midwest, and Western regions 

2 of the United States; 

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

5 (I) Indian Tribes in the State of 

6 Alaska; or 

7 (II) Indian Tribes in States other 

8 than the State of Alaska; 

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

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

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

16 (II) the Marine Fisheries Com17 missions, which is composed of— 

18 (aa) the Atlantic States Ma19 rine Fisheries Commission; 

20 (bb) the Gulf States Marine 

21 Fisheries Commission; and 

22 (cc) the Pacific States Ma23 rine Fisheries Commission; 


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1 (ix) 1 shall be a representative of the 

2 Sportfishing and Boating Partnership 

3 Council; 

4 (x) 7 shall be representatives selected 

5 from each of— 

6 (I) the recreational sportfishing 

7 industry; 

8 (II) the commercial fishing in9 dustry; 

10 (III) marine recreational anglers; 

11 (IV) freshwater recreational an12 glers; 

13 (V) habitat conservation organi14 zations; and 

15 (VI) science-based fishery organi16 zations; 

17 (xi) 1 shall be a representative of a 

18 national private landowner organization; 

19 (xii) 1 shall be a representative of an 

20 agricultural production organization; 

21 (xiii) 1 shall be a representative of 

22 local government interests involved in fish 

23 habitat restoration; 


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1 (xiv) 2 shall be representatives from 

2 different sectors of corporate industries, 

3 which may include— 

4 (I) natural resource commodity 

5 interests, such as petroleum or min6 eral extraction; 

7 (II) natural resource user indus8 tries; and 

9 (III) industries with an interest 

10 in fish and fish habitat conservation; 

11 and 

12 (xv) 1 shall be a leadership private 

13 sector or landowner representative of an 

14 active Partnership. 

15 (C) COMPENSATION.—A member of the 

16 Board shall serve without compensation. 

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

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

21 subchapter I of chapter 57 of title 5, United 

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

25 (2) APPOINTMENT AND TERMS.— 


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1 (A) IN GENERAL.—Except as otherwise 

2 provided in this subsection, a member of the 

3 Board described in any of clauses (vi) through 

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

5 of 3 years. 

6 (B) INITIAL BOARD MEMBERSHIP.— 

7 (i) IN GENERAL.—The initial Board 

8 will consist of representatives as described 

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

10 (1)(B). 

11 (ii) REMAINING MEMBERS.—Not later 

12 than 60 days after the date of enactment 

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

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

17 paragraph (1)(B). 

18 (iii) TRIBAL REPRESENTATIVES.—Not 

19 later than 60 days after the enactment of 

20 this Act, the Secretary shall provide to the 

21 Board a recommendation of not fewer than 

22 3 Tribal representatives, from which the 

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


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

3 appointed to the Board— 

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

5 1 year; 

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

7 2 years; and 

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

9 3 years. 

10 (D) VACANCIES.— 

11 (i) IN GENERAL.—A vacancy of a 

12 member of the Board described in any of 

13 clauses (viii) through (xiv) of paragraph 

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

15 made by the remaining members of the 

16 Board. 

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

19 Board described in paragraph (1)(B)(vii), 

20 the Secretary shall recommend to the 

21 Board a list of not fewer than 3 Tribal 

22 representatives, from which the remaining 

23 members of the Board shall appoint a rep24 resentative to fill the vacancy. 


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

3 Board expires may continue to serve on the 

4 Board until a successor is appointed. 

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

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

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

9 the Board may— 

10 (i) vote to remove that member; and 

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

13 (3) CHAIRPERSON.— 

14 (A) IN GENERAL.—The representative of 

15 the Association of Fish and Wildlife Agencies 

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

17 shall serve as Chairperson of the Board. 

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

19 shall serve for a term of 3 years. 

20 (4) MEETINGS.— 

21 (A) IN GENERAL.—The Board shall 

22 meet— 

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

24 (ii) not less frequently than twice each 

25 calendar year. 


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

2 Board shall be open to the public. 

3 (5) PROCEDURES.— 

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

6 Board, including— 

7 (i) a requirement that a quorum of 

8 the members of the Board be present to 

9 transact business; 

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

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

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

16 conservation for the purposes of this sec17 tion; 

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

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

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

24 of the Board shall constitute a quorum. 

25 (d) FISH HABITAT PARTNERSHIPS.— 


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1 (1) AUTHORITY TO RECOMMEND.—The Board 

2 may recommend to Congress the designation of Fish 

3 Habitat Partnerships in accordance with this sub4 section. 

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

6 shall be— 

7 (A) to work with other regional habitat 

8 conservation programs to promote cooperation 

9 and coordination to enhance fish and fish habi10 tats; 

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

14 (C) to involve diverse groups of public and 

15 private partners; 

16 (D) to develop collaboratively a strategic 

17 vision and achievable implementation plan that 

18 is scientifically sound; 

19 (E) to leverage funding from sources that 

20 support local and regional Partnerships; 

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

23 and functionality; 

24 (G) to develop appropriate local or regional 

25 habitat evaluation and assessment measures 


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1 and criteria that are compatible with national 

2 habitat condition measures; and 

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

5 and fish habitat. 

6 (3) CRITERIA FOR DESIGNATION.—An entity 

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

9 (A) submit to the Board an application at 

10 such time, in such manner, and containing such 

11 information as the Board may require; and 

12 (B) demonstrate to the Board that the en13 tity has— 

14 (i) a focus on promoting the health of 

15 important fish and fish habitats; 

16 (ii) an ability to coordinate the imple17 mentation of priority projects that support 

18 the goals and national priorities set by the 

19 Board that are within the Partnership 

20 boundary; 

21 (iii) a self-governance structure that 

22 supports the implementation of strategic 

23 priorities for fish habitat; 

24 (iv) the ability to develop local and re25 gional relationships with a broad range of 


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1 entities to further strategic priorities for 

2 fish and fish habitat; 

3 (v) a strategic plan that details re4 quired investments for fish habitat con5 servation that addresses the strategic fish 

6 habitat priorities of the Partnership and 

7 supports and meets the strategic priorities 

8 of the Board; 

9 (vi) the ability to develop and imple10 ment fish habitat conservation projects 

11 that address strategic priorities of the 

12 Partnership and the Board; and 

13 (vii) the ability to develop fish habitat 

14 conservation priorities based on sound 

15 science and data, the ability to measure 

16 the effectiveness of fish habitat projects of 

17 the Partnership, and a clear plan as to 

18 how Partnership science and data compo19 nents will be integrated with the overall 

20 Board science and data effort. 

21 (4) REQUIREMENTS FOR RECOMMENDATION TO

22 CONGRESS.—The Board may recommend to Con23 gress for designation an application for a Partner24 ship submitted under paragraph (3)(A) if the Board 

25 determines that the applicant— 


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1 (A) meets the criteria described in para2 graph (3)(B); 

3 (B) identifies representatives to provide 

4 support and technical assistance to the Partner5 ship from a diverse group of public and private 

6 partners, which may include State or local gov7 ernments, nonprofit entities, Indian Tribes, and 

8 private individuals, that are focused on con9 servation of fish habitats to achieve results 

10 across jurisdictional boundaries on public and 

11 private land; 

12 (C) is organized to promote the health of 

13 important fish species and important fish habi14 tats, including reservoirs, natural lakes, coastal 

15 and marine environments, and estuaries; 

16 (D) identifies strategic fish and fish habi17 tat priorities for the Partnership area in the 

18 form of geographical focus areas or key 

19 stressors or impairments to facilitate strategic 

20 planning and decision making; 

21 (E) is able to address issues and priorities 

22 on a nationally significant scale; 

23 (F) includes a governance structure that— 

24 (i) reflects the range of all partners; 

25 and 


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1 (ii) promotes joint strategic planning 

2 and decision making by the applicant; 

3 (G) demonstrates completion of, or signifi4 cant progress toward the development of, a 

5 strategic plan to address the decline in fish pop6 ulations, rather than simply treating symptoms, 

7 in accordance with the goals and national prior8 ities established by the Board; and 

9 (H) promotes collaboration in developing a 

10 strategic vision and implementation program 

11 that is scientifically sound and achievable. 

12 (5) REPORT TO CONGRESS.— 

13 (A) IN GENERAL.—Not later than Feb14 ruary 1 of the first fiscal year beginning after 

15 the date of enactment of this Act and each Feb16 ruary 1 thereafter, the Board shall develop and 

17 submit to the appropriate congressional com18 mittees an annual report, to be entitled ‘‘Report 

19 to Congress on Future Fish Habitat Partner20 ships and Modifications’’, that— 

21 (i) identifies any entity that— 

22 (I) meets the requirements de23 scribed in paragraph (4); and 

24 (II) the Board recommends for 

25 designation as a Partnership; 


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1 (ii) describes any proposed modifica2 tions to a Partnership previously des3 ignated by Congress under paragraph (6); 

4 and 

5 (iii) with respect to each entity rec6 ommended for designation as a Partner7 ship, describes, to the maximum extent 

8 practicable— 

9 (I) the purpose of the rec10 ommended Partnership; and 

11 (II) how the recommended Part12 nership fulfills the requirements de13 scribed in paragraph (4). 

14 (B) PUBLIC AVAILABILITY; NOTIFICA15 TION.—The Board shall— 

16 (i) make the report publicly available, 

17 including on the internet; and 

18 (ii) provide to the appropriate con19 gressional committees and the State agen20 cy of any State included in a recommended 

21 Partnership area written notification of the 

22 public availability of the report. 

23 (6) DESIGNATION OR MODIFICATION OF PART24 NERSHIP.—Congress shall have the sole authority to 

25 designate or modify a Partnership. 


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1 (7) EXISTING PARTNERSHIPS.— 

2 (A) DESIGNATION REVIEW.—Not later 

3 than 5 years after the date of enactment of this 

4 Act, any fish habitat Partnership receiving Fed5 eral funds as of the date of enactment of this 

6 Act shall be subject to a designation review by 

7 Congress in which Congress shall have the op8 portunity to designate the Partnership under 

9 paragraph (6). 

10 (B) INELIGIBILITY FOR FEDERAL

11 FUNDS.—A Partnership referred to in subpara12 graph (A) that Congress does not designate as 

13 described in that subparagraph shall be ineli14 gible to receive Federal funds under this sec15 tion. 

16 (e) FISH HABITAT CONSERVATION PROJECTS.— 

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

18 March 31 of each calendar year, each Partnership 

19 shall submit to the Board a list of priority fish habi20 tat conservation projects recommended by the Part21 nership for annual funding under this section. 

22 (2) RECOMMENDATIONS BY BOARD.—Not later 

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

24 submit to the Secretary a priority list of fish habitat 

25 conservation projects that includes the description, 


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1 including estimated costs, of each project that the 

2 Board recommends that the Secretary approve and 

3 fund under this section for the following fiscal year. 

4 (3) CRITERIA FOR PROJECT SELECTION.—The 

5 Board shall select each fish habitat conservation 

6 project to be recommended to the Secretary under 

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

8 minimum, the following information: 

9 (A) A recommendation of the Partnership 

10 that is, or will be, participating actively in im11 plementing the fish habitat conservation 

12 project. 

13 (B) The capabilities and experience of 

14 project proponents to implement successfully 

15 the proposed project. 

16 (C) The extent to which the fish habitat 

17 conservation project— 

18 (i) fulfills a local or regional priority 

19 that is directly linked to the strategic plan 

20 of the Partnership and is consistent with 

21 the purpose of this section; 

22 (ii) addresses the national priorities 

23 established by the Board; 

24 (iii) is supported by the findings of 

25 the Habitat Assessment of the Partnership 


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1 or the Board, and aligns or is compatible 

2 with other conservation plans; 

3 (iv) identifies appropriate monitoring 

4 and evaluation measures and criteria that 

5 are compatible with national measures; 

6 (v) provides a well-defined budget 

7 linked to deliverables and outcomes; 

8 (vi) leverages other funds to imple9 ment the project; 

10 (vii) addresses the causes and proc11 esses behind the decline of fish or fish 

12 habitats; and 

13 (viii) includes an outreach or edu14 cation component that includes the local or 

15 regional community. 

16 (D) The availability of sufficient non-Fed17 eral funds to match Federal contributions for 

18 the fish habitat conservation project, as re19 quired by paragraph (5). 

20 (E) The extent to which the local or re21 gional fish habitat conservation project— 

22 (i) will increase fish populations in a 

23 manner that leads to recreational fishing 

24 opportunities for the public; 


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1 (ii) will be carried out through a coop2 erative agreement among Federal, State, 

3 and local governments, Indian Tribes, and 

4 private entities; 

5 (iii) increases public access to land or 

6 water for fish and wildlife-dependent rec7 reational opportunities; 

8 (iv) advances the conservation of fish 

9 and wildlife species that have been identi10 fied by the States as species of greatest 

11 conservation need; 

12 (v) where appropriate, advances the 

13 conservation of fish and fish habitats 

14 under the Magnuson-Stevens Fishery Con15 servation and Management Act (16 U.S.C. 

16 1801 et seq.) and other relevant Federal 

17 law and State wildlife action plans; and 

18 (vi) promotes strong and healthy fish 

19 habitats so that desired biological commu20 nities are able to persist and adapt. 

21 (F) The substantiality of the character and 

22 design of the fish habitat conservation project. 

23 (4) LIMITATIONS.— 

24 (A) REQUIREMENTS FOR EVALUATION.— 

25 No fish habitat conservation project may be 


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1 recommended by the Board under paragraph 

2 (2) or provided financial assistance under this 

3 section unless the fish habitat conservation 

4 project includes an evaluation plan designed 

5 using applicable Board guidance— 

6 (i) to appropriately assess the biologi7 cal, ecological, or other results of the habi8 tat protection, restoration, or enhancement 

9 activities carried out using the assistance; 

10 (ii) to reflect appropriate changes to 

11 the fish habitat conservation project if the 

12 assessment substantiates that the fish 

13 habitat conservation project objectives are 

14 not being met; 

15 (iii) to identify improvements to exist16 ing fish populations, recreational fishing 

17 opportunities, and the overall economic 

18 benefits for the local community of the fish 

19 habitat conservation project; and 

20 (iv) to require the submission to the 

21 Board of a report describing the findings 

22 of the assessment. 

23 (B) ACQUISITION AUTHORITIES.— 

24 (i) IN GENERAL.—A State, local gov25 ernment, or other non-Federal entity is eliVerDate Sep 11 2014 19:57 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H1326.IH H1326

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1 gible to receive funds for the acquisition of 

2 real property from willing sellers under 

3 this section if the acquisition ensures one 

4 of— 

5 (I) public access for compatible 

6 fish and wildlife-dependent recreation; 

7 or 

8 (II) a scientifically based, direct 

9 enhancement to the health of fish and 

10 fish populations, as determined by the 

11 Board. 

12 (ii) STATE AGENCY APPROVAL.— 

13 (I) IN GENERAL.—All real prop14 erty interest acquisition projects fund15 ed under this section are required to 

16 be approved by the State agency in 

17 the State in which the project is oc18 curring. 

19 (II) PROHIBITION.—The Board 

20 may not recommend, and the Sec21 retary may not provide any funding 

22 for, any real property interest acquisi23 tion that has not been approved by 

24 the State agency. 


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1 (iii) ASSESSMENT OF OTHER AU2 THORITIES.—The Fish Habitat Partner3 ship shall conduct a project assessment, 

4 submitted with the funding request and 

5 approved by the Board, to demonstrate all 

6 other Federal, State, and local authorities 

7 for the acquisition of real property have 

8 been exhausted. 

9 (iv) RESTRICTIONS.—A real property 

10 interest may not be acquired pursuant to a 

11 fish habitat conservation project by a 

12 State, local government, or other non-Fed13 eral entity, unless— 

14 (I) the owner of the real property 

15 authorizes the State, local govern16 ment, or other non-Federal entity to 

17 acquire the real property; and 

18 (II) the Secretary and the Board 

19 determine that the State, local govern20 ment, or other non-Federal entity 

21 would benefit from undertaking the 

22 management of the real property 

23 being acquired because that is in ac24 cordance with the goals of a Partner25 ship. 


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1 (5) NON-FEDERAL CONTRIBUTIONS.— 

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

3 subparagraph (B), no fish habitat conservation 

4 project may be recommended by the Board 

5 under paragraph (2) or provided financial as6 sistance under this section unless at least 50 

7 percent of the cost of the fish habitat conserva8 tion project will be funded with non-Federal 

9 funds. 

10 (B) NON-FEDERAL SHARE.—The non-Fed11 eral share of the cost of a fish habitat conserva12 tion project— 

13 (i) may not be derived from another 

14 Federal grant program; but 

15 (ii) may include in-kind contributions 

16 and cash. 

17 (C) SPECIAL RULE FOR INDIAN TRIBES.— 

18 Notwithstanding subparagraph (A) or any other 

19 provision of law, any funds made available to 

20 an Indian Tribe pursuant to this section may be 

21 considered to be non-Federal funds for the pur22 pose of subparagraph (A). 

23 (6) APPROVAL.— 

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

25 after the date of receipt of the recommended 


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1 priority list of fish habitat conservation projects 

2 under paragraph (2), subject to the limitations 

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

4 extent practicable, on the criteria described in 

5 paragraph (3), the Secretary, after consulting 

6 with the Secretary of Commerce on marine or 

7 estuarine projects, shall approve or reject any 

8 fish habitat conservation project recommended 

9 by the Board. 

10 (B) FUNDING.—If the Secretary approves 

11 a fish habitat conservation project under sub12 paragraph (A), the Secretary shall use amounts 

13 made available to carry out this section to pro14 vide funds to carry out the fish habitat con15 servation project. 

16 (C) NOTIFICATION.—If the Secretary re17 jects any fish habitat conservation project rec18 ommended by the Board under paragraph (2), 

19 not later than 180 days after the date of receipt 

20 of the recommendation, the Secretary shall pro21 vide to the Board, the appropriate Partnership, 

22 and the appropriate congressional committees a 

23 written statement of the reasons that the Sec24 retary rejected the fish habitat conservation 

25 project. 


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1 (f) TECHNICAL AND SCIENTIFIC ASSISTANCE.— 

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

3 Assistant Administrator, the EPA Assistant Admin4 istrator, and the Director of the United States Geo5 logical Survey, in coordination with the Forest Serv6 ice and other appropriate Federal departments and 

7 agencies, may provide scientific and technical assist8 ance to the Partnerships, participants in fish habitat 

9 conservation projects, and the Board. 

10 (2) INCLUSIONS.—Scientific and technical as11 sistance provided pursuant to paragraph (1) may in12 clude— 

13 (A) providing technical and scientific as14 sistance to States, Indian Tribes, regions, local 

15 communities, and nongovernmental organiza16 tions in the development and implementation of 

17 Partnerships; 

18 (B) providing technical and scientific as19 sistance to Partnerships for habitat assessment, 

20 strategic planning, and prioritization; 

21 (C) supporting the development and imple22 mentation of fish habitat conservation projects 

23 that are identified as high priorities by Partner24 ships and the Board; 


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1 (D) supporting and providing recommenda2 tions regarding the development of science3 based monitoring and assessment approaches 

4 for implementation through Partnerships; 

5 (E) supporting and providing recommenda6 tions for a national fish habitat assessment; 

7 (F) ensuring the availability of experts to 

8 assist in conducting scientifically based evalua9 tion and reporting of the results of fish habitat 

10 conservation projects; and 

11 (G) providing resources to secure State 

12 agency scientific and technical assistance to 

13 support Partnerships, participants in fish habi14 tat conservation projects, and the Board. 

15 (g) COORDINATION WITH STATES AND INDIAN

16 TRIBES.—The Secretary shall provide a notice to, and co17 operate with, the appropriate State agency or Tribal agen18 cy, as applicable, of each State and Indian Tribe within 

19 the boundaries of which an activity is planned to be car20 ried out pursuant to this section, including notification, 

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

22 activity is implemented. 

23 (h) INTERAGENCY OPERATIONAL PLAN.—Not later 

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

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


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1 the NOAA Assistant Administrator, the EPA Assistant 

2 Administrator, the Director of the United States Geologi3 cal Survey, and the heads of other appropriate Federal 

4 departments and agencies (including at a minimum, those 

5 agencies represented on the Board), shall develop an inter6 agency operational plan that describes— 

7 (1) the functional, operational, technical, sci8 entific, and general staff, administrative, and mate9 rial needs for the implementation of this section; and 

10 (2) any interagency agreements between or 

11 among Federal departments and agencies to address 

12 those needs. 

13 (i) ACCOUNTABILITY AND REPORTING.— 

14 (1) REPORTING.— 

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

16 after the date of enactment of this Act, and 

17 every 5 years thereafter, the Board shall submit 

18 to the appropriate congressional committees a 

19 report describing the progress of this section. 

20 (B) CONTENTS.—Each report submitted 

21 under subparagraph (A) shall include— 

22 (i) an estimate of the number of 

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

24 suitable measures of fish habitat, that was 

25 maintained or improved by Partnerships of 


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1 Federal, State, or local governments, In2 dian Tribes, or other entities in the United 

3 States during the 5-year period ending on 

4 the date of submission of the report; 

5 (ii) a description of the public access 

6 to fish habitats established or improved 

7 during that 5-year period; 

8 (iii) a description of the improved op9 portunities for public recreational fishing; 

10 and 

11 (iv) an assessment of the status of 

12 fish habitat conservation projects carried 

13 out with funds provided under this section 

14 during that period, disaggregated by year, 

15 including— 

16 (I) a description of the fish habi17 tat conservation projects rec18 ommended by the Board under sub19 section (e)(2); 

20 (II) a description of each fish 

21 habitat conservation project approved 

22 by the Secretary under subsection 

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

24 (III) a justification for— 


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1 (aa) the approval of each 

2 fish habitat conservation project; 

3 and 

4 (bb) the order of priority for 

5 funding of each fish habitat con6 servation project; 

7 (IV) a justification for any rejec8 tion of a fish habitat conservation 

9 project recommended by the Board 

10 under subsection (e)(2) that was 

11 based on a factor other than the cri12 teria described in subsection (e)(3); 

13 and 

14 (V) an accounting of expendi15 tures by Federal, State, or local gov16 ernments, Indian Tribes, or other en17 tities to carry out fish habitat con18 servation projects. 

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

20 than December 31, 2020, and every 5 years there21 after, the Board shall submit to the appropriate con22 gressional committees a report that includes— 

23 (A) a status of all Partnerships designated 

24 under this section; 


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1 (B) a description of the status of fish habi2 tats in the United States as identified by estab3 lished Partnerships; and 

4 (C) enhancements or reductions in public 

5 access as a result of— 

6 (i) the activities of the Partnerships; 

7 or 

8 (ii) any other activities carried out 

9 pursuant to this section. 

10 (j) EFFECT OF SECTION.— 

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

12 (A) establishes any express or implied re13 served water right in the United States for any 

14 purpose; 

15 (B) affects any water right in existence on 

16 the date of enactment of this Act; 

17 (C) preempts or affects any State water 

18 law or interstate compact governing water; or 

19 (D) affects any Federal or State law in ex20 istence on the date of enactment of the Act re21 garding water quality or water quantity. 

22 (2) AUTHORITY TO ACQUIRE WATER RIGHTS OR

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

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


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

2 to property. 

3 (3) STATE AUTHORITY.—Nothing in this sec4 tion— 

5 (A) affects the authority, jurisdiction, or 

6 responsibility of a State to manage, control, or 

7 regulate fish and wildlife under the laws and 

8 regulations of the State; or 

9 (B) authorizes the Secretary to control or 

10 regulate within a State the fishing or hunting 

11 of fish and wildlife. 

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

13 this section abrogates, abridges, affects, modifies, 

14 supersedes, or alters any right of an Indian Tribe 

15 recognized by treaty or any other means, includ16 ing— 

17 (A) an agreement between the Indian 

18 Tribe and the United States; 

19 (B) Federal law (including regulations); 

20 (C) an Executive order; or 

21 (D) a judicial decree. 

22 (5) ADJUDICATION OF WATER RIGHTS.—Noth23 ing in this section diminishes or affects the ability 

24 of the Secretary to join an adjudication of rights to 

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


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1 (c) of section 208 of the Department of Justice Ap2 propriation Act, 1953 (43 U.S.C. 666). 

3 (6) DEPARTMENT OF COMMERCE AUTHOR4 ITY.—Nothing in this section affects the authority, 

5 jurisdiction, or responsibility of the Department of 

6 Commerce to manage, control, or regulate fish or 

7 fish habitats under the Magnuson-Stevens Fishery 

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

9 et seq.). 

10 (7) EFFECT ON OTHER AUTHORITIES.— 

11 (A) PRIVATE PROPERTY PROTECTION.— 

12 Nothing in this section permits the use of funds 

13 made available to carry out this section to ac14 quire real property or a real property interest 

15 without the written consent of each owner of 

16 the real property or real property interest. 

17 (B) MITIGATION.—Nothing in this section 

18 permits the use of funds made available to 

19 carry out this section for fish and wildlife miti20 gation purposes under— 

21 (i) the Federal Water Pollution Con22 trol Act (33 U.S.C. 1251 et seq.); 

23 (ii) the Fish and Wildlife Coordina24 tion Act (16 U.S.C. 661 et seq.); 


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

3 100 Stat. 4082); or 

4 (iv) any other Federal law or court 

5 settlement. 

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

7 section affects any provision of the Federal 

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

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

10 (k) NONAPPLICABILITY OF FEDERAL ADVISORY

11 COMMITTEE ACT.—The Federal Advisory Committee Act 

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

13 (1) the Board; or 

14 (2) any Partnership. 

15 (l) FUNDING.— 

16 (1) AUTHORIZATION OF APPROPRIATIONS.— 

17 (A) FISH HABITAT CONSERVATION

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

20 fiscal years 2020 through 2024 to provide 

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

24 for projects carried out by Indian Tribes. 


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

4 2020 through 2024 an amount equal to 5 per5 cent of the amount appropriated for the appli6 cable fiscal year pursuant to subparagraph 

7 (A)— 

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

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

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

13 for each of fiscal years 2020 through 2024 to 

14 carry out, and provide technical and scientific 

15 assistance under, subsection (f)— 

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

17 by the United States Fish and Wildlife 

18 Service; 

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

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

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

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


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

2 by the United States Geological Survey. 

3 (2) AGREEMENTS AND GRANTS.—The Secretary 

4 may— 

5 (A) on the recommendation of the Board, 

6 and notwithstanding sections 6304 and 6305 of 

7 title 31, United States Code, and the Federal 

8 Financial Assistance Management Improvement 

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

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

14 project; 

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

16 from any individual or entity to carry out the 

17 purposes of this section; and 

18 (C) make funds available to any Federal 

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

21 habitat protection project, restoration project, 

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

24 (3) DONATIONS.— 

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


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1 (i) enter into an agreement with any 

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

3 of the Internal Revenue Code of 1986 that 

4 is exempt from taxation under section 

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

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

10 of this section. 

11 (B) TREATMENT.—A donation accepted 

12 under this section— 

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

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

15 United States; and 

16 (ii) may be— 

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

19 (II) provided to another Federal 

20 department or agency through an 

21 interagency agreement. 

22 (m) PROHIBITION AGAINST IMPLEMENTATION OF

23 REGULATORY AUTHORITY BY FEDERAL AGENCIES.—Any 

24 Partnership designated under this section— 


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

2 fish conservation; and 

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

5 TITLE VI—TARGET PRACTICE 

6 AND MARKSMANSHIP TRAIN7 ING SUPPORT 

8 SEC. 601. SHORT TITLE. 

9 This title may be cited as the ‘‘Target Practice and 

10 Marksmanship Training Support Act’’. 

11 SEC. 602. DEFINITION OF PUBLIC TARGET RANGE. 

12 In this title, the term ‘‘public target range’’ means 

13 a specific location that— 

14 (1) is identified by a governmental agency for 

15 recreational shooting; 

16 (2) is open to the public; 

17 (3) may be supervised; and 

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

19 shotgun shooting. 

20 SEC. 603. AMENDMENTS TO PITTMAN-ROBERTSON WILD21 LIFE RESTORATION ACT. 

22 (a) DEFINITIONS.—Section 2 of the Pittman-Robert23 son Wildlife Restoration Act (16 U.S.C. 669a) is amend24 ed— 


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1 (1) by redesignating paragraphs (2) through 

2 (8) as paragraphs (3) through (9), respectively; and 

3 (2) by inserting after paragraph (1) the fol4 lowing: 

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

6 specific location that— 

7 ‘‘(A) is identified by a governmental agen8 cy for recreational shooting; 

9 ‘‘(B) is open to the public; 

10 ‘‘(C) may be supervised; and 

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

12 pistol, or shotgun shooting;’’. 

13 (b) EXPENDITURES FOR MANAGEMENT OF WILD14 LIFE AREAS AND RESOURCES.—Section 8(b) of the Pitt15 man-Robertson Wildlife Restoration Act (16 U.S.C. 

16 669g(b)) is amended— 

17 (1) by striking ‘‘(b) Each State’’ and inserting 

18 the following: 

19 ‘‘(b) EXPENDITURES FOR MANAGEMENT OF WILD20 LIFE AREAS AND RESOURCES.— 

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (2), each State’’; 

23 (2) in paragraph (1) (as so designated), by 

24 striking ‘‘construction, operation,’’ and inserting 

25 ‘‘operation’’; 


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1 (3) in the second sentence, by striking ‘‘The 

2 non-Federal share’’ and inserting the following: 

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

4 share’’; 

5 (4) in the third sentence, by striking ‘‘The Sec6 retary’’ and inserting the following: 

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

8 (5) by inserting after paragraph (1) (as des9 ignated by paragraph (1) of this subsection) the fol10 lowing: 

11 ‘‘(2) EXCEPTION.—Notwithstanding the limita12 tion described in paragraph (1), a State may pay up 

13 to 90 percent of the cost of acquiring land for, ex14 panding, or constructing a public target range.’’. 

15 (c) FIREARM AND BOW HUNTER EDUCATION AND

16 SAFETY PROGRAM GRANTS.—Section 10 of the Pittman17 Robertson Wildlife Restoration Act (16 U.S.C. 669h–1) 

18 is amended— 

19 (1) in subsection (a), by adding at the end the 

20 following: 

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

22 Of the amount apportioned to a State for any fiscal 

23 year under section 4(b), the State may elect to allo24 cate not more than 10 percent, to be combined with 

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1 graph (1) for that fiscal year, for acquiring land for, 

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

3 (2) by striking subsection (b) and inserting the 

4 following: 

5 ‘‘(b) COST SHARING.— 

6 ‘‘(1) IN GENERAL.—Except as provided in para7 graph (2), the Federal share of the cost of any activ8 ity carried out using a grant under this section shall 

9 not exceed 75 percent of the total cost of the activ10 ity. 

11 ‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR

12 EXPANSION.—The Federal share of the cost of ac13 quiring land for, expanding, or constructing a public 

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

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

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

17 and 

18 (3) in subsection (c)(1)— 

19 (A) by striking ‘‘Amounts made’’ and in20 serting the following: 

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

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

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

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

25 acquiring land for, constructing, or expanding a 


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1 public target range shall remain available for 

2 expenditure and obligation during the 5-fiscal3 year period beginning on October 1 of the first 

4 fiscal year for which the amounts are made 

5 available.’’. 

6 SEC. 604. LIMITS ON LIABILITY. 

7 (a) DISCRETIONARY FUNCTION.—For purposes of 

8 chapter 171 of title 28, United States Code (commonly 

9 referred to as the ‘‘Federal Tort Claims Act’’), any action 

10 by an agent or employee of the United States to manage 

11 or allow the use of Federal land for purposes of target 

12 practice or marksmanship training by a member of the 

13 public shall be considered to be the exercise or perform14 ance of a discretionary function. 

15 (b) CIVIL ACTION OR CLAIMS.—Except to the extent 

16 provided in chapter 171 of title 28, United States Code, 

17 the United States shall not be subject to any civil action 

18 or claim for money damages for any injury to or loss of 

19 property, personal injury, or death caused by an activity 

20 occurring at a public target range that is— 

21 (1) funded in whole or in part by the Federal 

22 Government pursuant to the Pittman-Robertson 

23 Wildlife Restoration Act (16 U.S.C. 669 et seq.); or 

24 (2) located on Federal land. 


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1 SEC. 605. SENSE OF CONGRESS REGARDING COOPERATION. 

2 It is the sense of Congress that, consistent with appli3 cable laws and regulations, the Chief of the Forest Service 

4 and the Director of the Bureau of Land Management 

5 should cooperate with State and local authorities and 

6 other entities to carry out waste removal and other activi7 ties on any Federal land used as a public target range 

8 to encourage continued use of that land for target practice 

9 or marksmanship training. 

10 TITLE VII—WILDLIFE AND HUNT11 ING HERITAGE CONSERVA12 TION COUNCIL ADVISORY 

13 COMMITTEE 

14 SEC. 701. WILDLIFE AND HUNTING HERITAGE CONSERVA15 TION COUNCIL ADVISORY COMMITTEE. 

16 The Fish and Wildlife Coordination Act (16 U.S.C. 

17 661 et seq.) is amended by adding at the end the fol18 lowing: 

19 ‘‘SEC. 10. WILDLIFE AND HUNTING HERITAGE CONSERVA20 TION COUNCIL ADVISORY COMMITTEE. 

21 ‘‘(a) ESTABLISHMENT.—There is established the 

22 Wildlife and Hunting Heritage Conservation Council Advi23 sory Committee (referred to in this section as the ‘Advi24 sory Committee’) to advise the Secretary of the Interior 

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1 tion as the ‘Secretaries’) on wildlife and habitat conserva2 tion, hunting, and recreational shooting. 

3 ‘‘(b) DUTIES OF THE ADVISORY COMMITTEE.—The 

4 Advisory Committee shall advise the Secretaries regard5 ing— 

6 ‘‘(1) implementation of the ‘Recreational Hunt7 ing and Wildlife Resource Conservation Plan—A 

8 Ten-Year Plan for Implementation’ and any suc9 cessor plans, in accordance with Executive Order 

10 13443 (16 U.S.C. 661 note; relating to facilitation 

11 of hunting heritage and wildlife conservation); 

12 ‘‘(2) increasing public awareness of, and sup13 port for, the Wildlife Restoration Program; 

14 ‘‘(3) fostering wildlife and habitat conservation 

15 and ethics in hunting and shooting sports recreation; 

16 ‘‘(4) stimulating the participation of sportsmen 

17 and sportswomen in the conservation and manage18 ment of wildlife and habitat resources through out19 reach and education; 

20 ‘‘(5) fostering communication and coordination 

21 among— 

22 ‘‘(A) the Federal Government and State 

23 and Tribal governments; 

24 ‘‘(B) industry; 


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1 ‘‘(C) sportsmen and sportswomen who 

2 hunt and shoot; 

3 ‘‘(D) wildlife and habitat conservation and 

4 management organizations; and 

5 ‘‘(E) the public; 

6 ‘‘(6) providing appropriate access to Federal 

7 land for recreational shooting and hunting; and 

8 ‘‘(7) recommendations to improve implementa9 tion of Federal conservation programs that benefit 

10 wildlife, hunting, and outdoor recreation on private 

11 land. 

12 ‘‘(c) MEMBERSHIP.— 

13 ‘‘(1) APPOINTMENT.— 

14 ‘‘(A) IN GENERAL.—The Advisory Com15 mittee shall consist of not more than 16 discre16 tionary members and 7 ex officio members. 

17 ‘‘(B) EX OFFICIO MEMBERS.—The ex offi18 cio members are— 

19 ‘‘(i) the Director of the United States 

20 Fish and Wildlife Service or a designated 

21 representative of the Director; 

22 ‘‘(ii) the Director of the Bureau of 

23 Land Management or a designated rep24 resentative of the Director; 


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1 ‘‘(iii) the Director of the National 

2 Park Service or a designated representa3 tive of the Director; 

4 ‘‘(iv) the Chief of the Forest Service 

5 or a designated representative of the Chief; 

6 ‘‘(v) the Chief of the Natural Re7 sources Conservation Service or a des8 ignated representative of the Chief; 

9 ‘‘(vi) the Administrator of the Farm 

10 Service Agency or a designated representa11 tive of the Administrator; and 

12 ‘‘(vii) the Executive Director of the 

13 Association of Fish and Wildlife Agencies. 

14 ‘‘(C) DISCRETIONARY MEMBERS.—The dis15 cretionary members shall be appointed jointly 

16 by the Secretaries from at least one of each of 

17 the following: 

18 ‘‘(i) State fish and wildlife manage19 ment agencies. 

20 ‘‘(ii) Wildlife and habitat conservation 

21 management organizations. 

22 ‘‘(iii) Game bird hunting organiza23 tions. 

24 ‘‘(iv) Waterfowl hunting organiza25 tions. 


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1 ‘‘(v) Big game hunting organizations. 

2 ‘‘(vi) The tourism, outfitter, or guid3 ing industry relating to hunting, fishing, 

4 and shooting sports. 

5 ‘‘(vii) The hunting or shooting equip6 ment retail industry. 

7 ‘‘(viii) Tribal resource management 

8 organizations. 

9 ‘‘(ix) Hunting, shooting, and fishing 

10 sports outreach and education organiza11 tions. 

12 ‘‘(x) Women’s hunting and fishing ad13 vocacy, outreach, or education organiza14 tions. 

15 ‘‘(xi) Minority hunting and fishing ad16 vocacy, outreach, or education organiza17 tions. 

18 ‘‘(xii) Veterans service organizations. 

19 ‘‘(2) TERMS.— 

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

21 subparagraph (B), members of the Advisory 

22 Committee shall be appointed for a term of 4 

23 years. Members shall not be appointed for more 

24 than 3 terms. 


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1 ‘‘(B) TERMS OF INITIAL APPOINTEES.—As 

2 designated by the Secretaries at the time of ap3 pointment, of the members first appointed— 

4 ‘‘(i) 6 members shall be appointed for 

5 a term of 4 years; 

6 ‘‘(ii) 5 members shall be appointed for 

7 a term of 3 years; and 

8 ‘‘(iii) 5 members shall be appointed 

9 for a term of 2 years. 

10 ‘‘(3) PRESERVATION OF PUBLIC ADVISORY STA11 TUS.—No individual may be appointed as a discre12 tionary member of the Advisory Committee while 

13 serving as an officer or employee of the Federal 

14 Government. 

15 ‘‘(4) VACANCY AND REMOVAL.— 

16 ‘‘(A) IN GENERAL.—Any vacancy on the 

17 Advisory Committee shall be filled in the man18 ner in which the original appointment was 

19 made. 

20 ‘‘(B) REMOVAL.—Advisory Committee 

21 members shall serve at the discretion of the 

22 Secretaries and may be removed at any time for 

23 good cause. 

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1 piration of the term of office to which such member 

2 was appointed until a successor has been appointed. 

3 ‘‘(6) CHAIRPERSON.—The Chairperson of the 

4 Advisory Committee shall be appointed for a 3-year 

5 term by the Secretaries, jointly, from among the 

6 members of the Advisory Committee. An individual 

7 may not be appointed as Chairperson for more than 

8 2 terms. 

9 ‘‘(7) COMPENSATION.—Members of the Advi10 sory Committee shall serve without compensation. 

11 ‘‘(8) TRAVEL EXPENSES.—Members of the Ad12 visory Committee may be allowed travel expenses, in13 cluding per diem in lieu of subsistence, at rates au14 thorized for an employee of an agency under sub15 chapter I of chapter 57 of title 5, United States 

16 Code, while away from the home or regular place of 

17 business of the member in the performance of duties 

18 of the Advisory Committee. 

19 ‘‘(9) MEETINGS.— 

20 ‘‘(A) IN GENERAL.—The Advisory Com21 mittee shall meet at the call of the Chairperson, 

22 but not less frequently than twice annually. 

23 ‘‘(B) OPEN MEETINGS.—Each meeting of 

24 the Advisory Committee shall be open to the 

25 public. 


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1 ‘‘(C) PRIOR NOTICE OF MEETINGS.—Time2 ly notice of each meeting of the Advisory Com3 mittee shall be published in the Federal Reg4 ister and be submitted to trade publications and 

5 publications of general circulation. 

6 ‘‘(D) SUBGROUPS.—The Advisory Com7 mittee may establish such workgroups or sub8 groups as the Advisory Committee deems nec9 essary for the purpose of compiling information 

10 or conducting research. 

11 ‘‘(10) QUORUM.—A majority of the members of 

12 the Advisory Committee shall constitute a quorum. 

13 ‘‘(d) EXPENSES, ADMINISTRATIVE SUPPORT, TECH14 NICAL SERVICES, AND ADVICE.—The Secretaries may 

15 provide for expenses, administrative support, technical 

16 services, and advice to the Advisory Committee that the 

17 Secretaries determine to be appropriate. 

18 ‘‘(e) ANNUAL REPORT.— 

19 ‘‘(1) REQUIRED.—Not later than September 30 

20 of each year, the Advisory Committee shall submit 

21 a report to the Secretaries, the Committee on Nat22 ural Resources and the Committee on Agriculture of 

23 the House of Representatives, and the Committee on 

24 Energy and Natural Resources and the Committee 


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1 on Agriculture, Nutrition, and Forestry of the Sen2 ate. 

3 ‘‘(2) CONTENTS.—The report required under 

4 paragraph (1) shall describe— 

5 ‘‘(A) the activities of the Advisory Com6 mittee during the preceding year; 

7 ‘‘(B) the reports and recommendations 

8 made by the Advisory Committee to the Secre9 taries during the preceding year; and 

10 ‘‘(C) an accounting of actions taken by the 

11 Secretaries as a result of the recommendations. 

12 ‘‘(f) FEDERAL ADVISORY COMMITTEE ACT.—The 

13 Advisory Committee shall be exempt from the Federal Ad14 visory Committee Act (5 U.S.C. App.).’’. 

15 TITLE VIII—FILM CREWS 

16 SEC. 801. COMMERCIAL FILMING. 

17 (a) IN GENERAL.—Section 1 of Public Law 106–206 

18 (16 U.S.C. 460l–6d) is amended— 

19 (1) by redesignating subsections (a) through (f) 

20 as subsections (b) through (g), respectively; 

21 (2) by inserting before subsection (b) (as so re22 designated) the following: 

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1 retary of Agriculture, as applicable, with respect to land 

2 under the respective jurisdiction of the Secretary.’’; 

3 (3) in subsection (b) (as so redesignated)— 

4 (A) in paragraph (1)— 

5 (i) in the first sentence— 

6 (I) by striking ‘‘of the Interior or 

7 the Secretary of Agriculture (here8 after individually referred to as the 

9 ‘Secretary’ with respect to land (ex10 cept land in a System unit as defined 

11 in section 100102 of title 54, United 

12 States Code) under their respective 

13 jurisdictions)’’; and 

14 (II) by striking ‘‘or similar 

15 projects’’; 

16 (ii) in subparagraph (A), by striking 

17 ‘‘or similar project’’; and 

18 (iii) in subparagraph (B), by inserting 

19 ‘‘, except in the case of film crews of three 

20 or fewer individuals’’ before the period at 

21 the end; and 

22 (B) by adding at the end the following: 

23 ‘‘(3) FEE SCHEDULE.—Not later than 180 days 

24 after the date of enactment of the Sportsmen’s Act, 

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1 eral land, the Secretaries shall publish a single joint 

2 land use fee schedule for commercial filming and 

3 still photography.’’; 

4 (4) in subsection (c) (as so redesignated), in the 

5 second sentence, by striking ‘‘subsection (a)’’ and in6 serting ‘‘subsection (b)’’; 

7 (5) in subsection (d) (as so redesignated), in 

8 the heading, by inserting ‘‘commercial’’ before 

9 ‘‘still’’; 

10 (6) in paragraph (1) of subsection (f) (as so re11 designated), by inserting ‘‘in accordance with the 

12 Federal Lands Recreation Enhancement Act (16 

13 U.S.C. 6801 et seq.),’’ after ‘‘without further appro14 priation,’’; 

15 (7) in subsection (g) (as so redesignated)— 

16 (A) by striking ‘‘The Secretary shall’’ and 

17 inserting the following: 

18 ‘‘(1) IN GENERAL.—The Secretary shall’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(2) CONSIDERATIONS.—The Secretary shall 

21 not consider subject matter or content as a criterion 

22 for issuing or denying a permit under this Act.’’; 

23 and 

24 (8) by adding at the end the following: 


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1 ‘‘(h) EXEMPTION FROM COMMERCIAL FILMING OR

2 STILL PHOTOGRAPHY PERMITS AND FEES.—The Sec3 retary shall not require persons holding commercial use 

4 authorizations or special recreation permits to obtain an 

5 additional permit or pay a fee for commercial filming or 

6 still photography under this Act if— 

7 ‘‘(1) the filming or photography conducted is 

8 incidental to the permitted activity that is the sub9 ject of the commercial use authorization or special 

10 recreation permit; and 

11 ‘‘(2) the holder of the commercial use author12 ization or special recreation permit is an individual 

13 or small business concern (within the meaning of 

14 section 3 of the Small Business Act (15 U.S.C. 

15 632)). 

16 ‘‘(i) EXCEPTION FROM CERTAIN FEES.—Commercial 

17 filming or commercial still photography shall be exempt 

18 from fees under this Act, but not from recovery of costs 

19 under subsection (c), if the activity— 

20 ‘‘(1) is conducted by an entity that is a small 

21 business concern (within the meaning of section 3 of 

22 the Small Business Act (15 U.S.C. 632)); 

23 ‘‘(2) is conducted by a crew of not more than 

24 3 individuals; and 

25 ‘‘(3) uses only a camera and tripod. 


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1 ‘‘(j) APPLICABILITY TO NEWS GATHERING ACTIVI2 TIES.— 

3 ‘‘(1) IN GENERAL.—News gathering shall not 

4 be considered a commercial activity. 

5 ‘‘(2) INCLUDED ACTIVITIES.—In this sub6 section, the term ‘news gathering’ includes, at a 

7 minimum, the gathering, recording, and filming of 

8 news and information related to news in any me9 dium.’’. 

10 (b) CONFORMING AMENDMENTS.—Chapter 1009 of 

11 title 54, United States Code, is amended— 

12 (1) by striking section 100905; and 

13 (2) in the table of sections for chapter 1009 of 

14 title 54, United States Code, by striking the item re15 lating to section 100905. 

16 TITLE IX—CHESAPEAKE BAY 

17 SEC. 901. REAUTHORIZATION OF CHESAPEAKE BAY PRO18 GRAM. 

19 Section 117(j) of the Federal Water Pollution Control 

20 Act (33 U.S.C. 1267) is amended to read as follows: 

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

22 is authorized to be appropriated to carry out this section 

23 $90,000,000 for each of fiscal years 2020 through 2024.’’. 


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1 SEC. 902. REAUTHORIZATION OF CHESAPEAKE BAY INITIA2 TIVE ACT OF 1998. 

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

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

5 2579) is amended by striking ‘‘2017’’ and inserting 

6 ‘‘2024’’. 

7 TITLE X—CHRONIC WASTING 

8 DISEASE MANAGEMENT 

9 SEC. 1001. SHORT TITLE. 

10 This title may be cited as the ‘‘Chronic Wasting Dis11 ease Management Act’’. 

12 SEC. 1002. DEFINITIONS. 

13 In this title: 

14 (1) CHRONIC WASTING DISEASE.—The term 

15 ‘‘chronic wasting disease’’ means the animal disease 

16 afflicting among deer, elk, and moose populations 

17 that— 

18 (A) is a transmissible disease of the nerv19 ous system resulting in distinctive lesions in the 

20 brain; and 

21 (B) belongs to the group of diseases known 

22 as transmissible spongiform encephalopathies, 

23 which group includes scrapie, bovine spongiform 

24 encephalopathy, and Creutzfeldt-Jakob disease. 

25 (2) ELIGIBLE GRANT RECIPIENT.—The term 

26 ‘‘eligible grant recipient’’ means a State department 


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1 of wildlife, State department of agriculture, college 

2 or university, or related research center conducting 

3 scientific applied research regarding chronic wasting 

4 disease. 

5 (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

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

7 Indian Self-Determination and Education Assistance 

8 Act (25 U.S.C. 450b). 

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

10 the Secretary of Agriculture, acting through the Ani11 mal and Plant Health Inspection Service-Wildlife 

12 Services. 

13 SEC. 1003. FINDINGS. 

14 Congress finds the following: 

15 (1) Pursuant to State and Federal law, the 

16 States retain primary and policymaking authority 

17 with regard to wildlife management, and nothing in 

18 this title interferes with or otherwise affects the pri19 mary authority of the States in managing wildlife 

20 generally, or managing, surveying, and monitoring 

21 the incidence of chronic wasting disease. 

22 (2) Chronic wasting disease, the fatal neuro23 logical disease found in cervids, is a fundamental 

24 threat to the health and vibrancy of deer, elk, and 

25 moose populations, and the increased occurrence of 


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1 chronic wasting disease in regionally diverse loca2 tions in recent months necessitates an escalation in 

3 applied research, surveillance, monitoring, and man4 agement activities focused on containing and man5 aging this lethal disease. 

6 (3) As the States move to manage existing lev7 els of chronic wasting disease and insulate non8 infected wild and captive cervid populations from the 

9 disease, the Federal Government should endeavor to 

10 provide integrated and holistic financial and tech11 nical support to these States and the many State de12 partments of wildlife, State departments of agri13 culture, colleges and universities, and related re14 search centers conducting scientific applied research 

15 regarding chronic wasting disease. 

16 (4) The Secretary should provide consistent, co17 herent, and integrated support structures and pro18 grams for the benefit of State wildlife and agricul19 tural administrators, as chronic wasting disease can 

20 move freely between captive and wild cervids across 

21 the broad array of Federal, State, Tribal, and local 

22 land management jurisdictions. 

23 (5) The Secretary can provide consistent, coher24 ent, and integrated support systems under existing 

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1 partments of wildlife, State departments of agri2 culture, colleges and universities, and related re3 search centers conducting scientific applied research 

4 regarding chronic wasting disease. 

5 SEC. 1004. SUPPORT FOR STATE EFFORTS TO MANAGE AND 

6 CONTROL CHRONIC WASTING DISEASE. 

7 (a) AVAILABILITY OF ASSISTANCE.—The Secretary 

8 shall allocate funds made available under subparagraphs 

9 (A) and (B) of subsection (e)(1) directly to State and 

10 Tribal agencies responsible for wildlife management to 

11 support State and Tribal efforts to develop and implement 

12 management strategies to address chronic wasting disease. 

13 (b) PETITION PROCESS.—A State or Tribal agency 

14 shall petition the Secretary for a portion of the funds 

15 available under subsection (a). 

16 (c) FUNDING PRIORITIES.—In determining the 

17 amounts to be allocated to State and Tribal agencies 

18 under subsection (a), the Secretary shall give priority to 

19 States and Tribal agencies based on the following criteria: 

20 (1) Relative scope of incidence of chronic wast21 ing disease on lands of the State or Indian Tribe, 

22 with priority given to those States and Indian Tribes 

23 with the highest incidence of the disease. 

24 (2) State or Tribal expenditures on chronic 

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1 lance, and applied research, with priority given to 

2 those States and Indian Tribes that have shown the 

3 greatest financial commitment to managing, moni4 toring, surveying, and researching chronic wasting 

5 disease. 

6 (3) Comprehensive and integrated State or 

7 Tribal policies and programs focused on chronic 

8 wasting disease management between involved State 

9 or Tribal wildlife and agricultural agencies, with pri10 ority given to those States and Indian Tribes that 

11 have integrated the programs and policies of all in12 volved agencies related to chronic wasting disease 

13 management. 

14 (4) Rapid response to new outbreaks of chronic 

15 wasting disease, whether occurring in areas in which 

16 chronic wasting disease is already found or areas 

17 with first infections, with the intent of containing 

18 the disease in any new area of infection. 

19 (d) RAPID RESPONSE FUND.—The Secretary shall 

20 use funds made available under subsection (e)(1)(C) as 

21 a rapid response fund to support State and Tribal efforts 

22 to control the spread of chronic wasting disease upon the 

23 detection of chronic wasting disease among deer, elk, or 

24 moose populations not previously infected. 

25 (e) AUTHORIZATION OF APPROPRIATIONS.— 


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

2 appropriated to the Secretary $35,000,000 to sup3 port State and Tribal efforts to manage and control 

4 chronic wasting disease, of which— 

5 (A) $20,000,000 shall be allocated to 

6 States under subsection (a); 

7 (B) $5,000,000 shall be allocated to Tribal 

8 agencies under subsection (a); and 

9 (C) $10,000,000 shall be retained for the 

10 rapid response fund under subsection (d). 

11 (2) AVAILABILITY.—Funds appropriated pursu12 ant to the authorization of appropriations in para13 graph (1) shall remain available until expended. 

14 (3) LIMITATION ON ADMINISTRATIVE COSTS.— 

15 Not more than three percent of the amount appro16 priated pursuant to the authorization of appropria17 tions in paragraph (1) may be used to cover admin18 istrative expenses incurred by the Secretary. 

19 SEC. 1005. SUPPORT FOR APPLIED RESEARCH REGARDING 

20 CHRONIC WASTING DISEASE. 

21 (a) EXPANSION OF APPLIED RESEARCH GRANTS.— 

22 The Secretary shall make grants to support efforts to ex23 pand and accelerate applied research on chronic wasting 

24 disease, including (but not limited to) research regarding 

25 the following: 


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1 (1) Sustainable cervid harvest management 

2 practices to reduce chronic wasting disease occur3 rence and to prevent or limit spatial spread of 

4 chronic wasting disease. 

5 (2) Management experiments and strategies de6 signed for long-term suppression of chronic wasting 

7 disease. 

8 (3) Harvest management practices and other 

9 practices that exacerbate chronic wasting disease oc10 currence, with an emphasis on retrospective analyses 

11 of available harvest management and chronic wast12 ing disease trend data. 

13 (4) Factors contributing to local emergence of 

14 chronic wasting disease, increased prevalence of 

15 chronic wasting disease, and distribution of chronic 

16 wasting disease, including mechanisms of disease 

17 transmission and effective barriers to transmission. 

18 (5) Methods and products to effectively detect 

19 infectious prions in, and decontaminate infectious 

20 prions from natural environments and inorganic sur21 faces. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.— 

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

24 appropriated to the Secretary $10,000,000 to make 

25 grants under subsection (a). 


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1 (2) AVAILABILITY.—Funds appropriated pursu2 ant to the authorization of appropriations in para3 graph (1) shall remain available until expended. 

4 (3) LIMITATION ON ADMINISTRATIVE COSTS.— 

5 Not more than three percent of the amount appro6 priated pursuant to the authorization of appropria7 tions in paragraph (1) may be used to cover admin8 istrative expenses incurred by the Secretary. 

9 SEC. 1006. MULTI-AGENCY COOPERATION WITH STATES TO 

10 ADDRESS CHRONIC WASTING DISEASE. 

11 Land management agencies of the Department of Ag12 riculture and the Department of the Interior shall work 

13 cooperatively with States— 

14 (1) in the conduct of applied research regarding 

15 chronic wasting disease; and 

16 (2) in the implementation of State chronic 

17 wasting disease response plans to reduce the spread 

18 and prevalence of chronic wasting disease. 

19 TITLE XI—CHRONIC WASTING 

20 DISEASE TRANSMISSION IN 

21 CERVIDAE STUDY 

22 SEC. 1101. SHORT TITLE. 

23 This title may be cited as the ‘‘Chronic Wasting Dis24 ease Transmission in Cervidae Study Act’’. 


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1 SEC. 1102. FINDINGS. 

2 Congress makes the following findings: 

3 (1) Chronic wasting disease continues to spread 

4 in wild, free-ranging cervid herds and in captive 

5 cervid herds across the United States and Canada, 

6 and as of December 2018, is in 26 States and three 

7 Canadian provinces. 

8 (2) From December 2017 to December 2018 

9 alone, the disease was detected for the first time in 

10 free-ranging cervid herds in Mississippi, Montana, 

11 and Tennessee, and there were new positive detec12 tions of the disease in 13 captive cervid herds from 

13 Illinois, Michigan, Minnesota, Ohio, Pennsylvania, 

14 Wisconsin, and Quebec, Canada. 

15 (3) Six of such herds are being monitored by 

16 the National Chronic Wasting Disease Herd Certifi17 cation Program of the Animal and Plant Health In18 spection Service, and therefore are considered to be 

19 at low risk for chronic wasting disease. 

20 (4) From June 2017 to September 2018, 10 

21 States, including Arkansas, Illinois, Kansas, Min22 nesota, Missouri, Nebraska, Texas, West Virginia, 

23 Wisconsin, and Wyoming, are already fighting to 

24 control the transmission and spread of chronic wast25 ing disease and found positive detections for the dis26 ease in additional wild, free-ranging cervid herds. 


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1 (5) New positive detections in captive cervid 

2 herds were found in Illinois, Michigan, Minnesota, 

3 Ohio, Pennsylvania, and Wisconsin. 

4 (6) There is no known cure for chronic wasting 

5 disease, no reliable live animal test to detect the dis6 ease, and only a post-mortem test that provides 

7 some measure of reliable detection of the disease. 

8 (7) Chronic wasting disease is 100 percent fatal 

9 and is arguably the most important disease threat10 ening North American cervid resources. 

11 (8) The spread of chronic wasting disease con12 tinues to increasingly and adversely affect the eco13 nomic well-being of rural communities, the hunting 

14 public, farmed cervid producers, and State wildlife 

15 and agricultural agencies, because the only known 

16 measure for reducing the spread of chronic wasting 

17 disease is the complete depopulation of herds that 

18 test positive for the disease, a drastic measure which 

19 comes with great costs for all. 

20 (9) The long-term environmental persistence of 

21 chronic wasting disease’s causative agent means that 

22 State wildlife management agencies, State depart23 ments of agriculture, and private cervid farmers 

24 have relatively few options to mitigate the effects of 

25 such disease. 


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1 (10) There are ongoing debates about the pre2 dominant transmission pathways that are causing 

3 the new detections and continued spread of chronic 

4 wasting disease in cervids across the United States 

5 and Canada. 

6 SEC. 1103. CHRONIC WASTING DISEASE TRANSMISSION IN 

7 CERVIDAE RESOURCE STUDY. 

8 (a) STUDY.— 

9 (1) IN GENERAL.—The Secretaries shall enter 

10 into an arrangement with the Academy under which 

11 the Academy shall conduct, and submit to the Secre12 taries a report— 

13 (A) describing the findings of, a special re14 source study to identify the predominant path15 ways and mechanisms of the transmission of 

16 chronic wasting disease in wild, captive, and 

17 farmed populations of cervids in the United 

18 States; and 

19 (B) which may include the potential im20 pacts on the disease from transmissions from 

21 Canada. 

22 (2) REQUIREMENTS.—The arrangement under 

23 paragraph (1) shall provide that the actual expenses 

24 incurred by the Academy in conducting the study 


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1 under paragraph (1) shall be paid by the Secre2 taries. 

3 (b) CONTENTS OF THE STUDY.—Within and between 

4 wild, captive, and farmed cervid populations, the study— 

5 (1) may include, to the extent the United States 

6 is affected on a continental scale, the potential im7 pacts on the disease from transmissions from Can8 ada; and 

9 (2) shall— 

10 (A) identify— 

11 (i) the pathways and mechanisms for 

12 the transmission of chronic wasting disease 

13 in cervids and cervid products; 

14 (ii) the dosage and infection rates for 

15 each such pathway and mechanism; and 

16 (iii) the relative frequency of each 

17 mode of such transmission; 

18 (B) identify anthropogenic and environ19 mental factors contributing to new chronic 

20 wasting disease emergence events, the develop21 ment of geographic areas with increased chronic 

22 wasting disease prevalence, and overall geo23 graphic patterns of chronic wasting disease dis24 tribution; 


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1 (C) identify significant gaps in current sci2 entific knowledge regarding the transmission 

3 pathways identified under subparagraph (A); 

4 (D) identify and prioritize scientific re5 search projects that will address the knowledge 

6 gaps referred to in subparagraph (C); and 

7 (E) review science-based best practices, 

8 standards, and guidance regarding the manage9 ment of chronic wasting disease in wild, captive, 

10 and farmed cervid populations in the United 

11 States which have been developed by— 

12 (i) the National Chronic Wasting Dis13 ease Herd Certification Program of the 

14 Animal and Plant Health Inspection Serv15 ice; 

16 (ii) the United States Geological Sur17 vey; and 

18 (iii) State wildlife and agricultural 

19 agencies, which provide practical, science20 based recommendations to State and Fed21 eral agencies for minimizing or eliminating 

22 the risk of transmission of chronic wasting 

23 disease in the United States. 

24 (c) DEADLINE.—Not later than 6 months after the 

25 date on which funds are first made available for the study 


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1 under subsection (a), the Secretaries shall submit to the 

2 Committee on Agriculture of the House of Representa3 tives, the Committee on Natural Resources of the House 

4 of Representatives, the Committee on Environment and 

5 Public Works of the Senate, and the Committee on Agri6 culture, Nutrition, and Forestry of the Senate a report 

7 that describes— 

8 (1) the findings of the study; and 

9 (2) any conclusions and recommendations that 

10 the Secretary determines to be appropriate. 

11 (d) DATA SHARING.—The Secretaries shall share 

12 with the entity conducting the study under subsection (a) 

13 data and access to databases on chronic wasting disease 

14 under the jurisdiction of— 

15 (1) the Veterinary Services Program of the Ani16 mal and Plant Health Inspection Service; and 

17 (2) the United States Geological Survey. 

18 SEC. 1104. DEFINITIONS. 

19 In this title: 

20 (1) ACADEMY.—The term ‘‘Academy’’ means 

21 the National Academy of Sciences. 

22 (2) CERVID.—The term ‘‘cervid’’ means any 

23 species within the family Cervidae. 

24 (3) CHRONIC WASTING DISEASE.—The term 

25 ‘‘chronic wasting disease’’ means the animal disease 


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1 afflicting deer, elk, reindeer, and moose populations 

2 that— 

3 (A) is a transmissible disease of the nerv4 ous system resulting in distinctive lesions in the 

5 brain; and 

6 (B) belongs to the group of diseases known 

7 as transmissible spongiform encephalopathies, 

8 which group includes scrapie, bovine spongiform 

9 encephalopathy, and Creutzfeldt-Jakob disease. 

10 (4) SECRETARIES.—The term ‘‘Secretaries’’ 

11 means— 

12 (A) the Secretary of Agriculture, acting 

13 through the Administrator of the Animal and 

14 Plant Health Inspection Service; and 

15 (B) the Secretary of the Interior, acting 

16 through the Director of the United States Geo17 logical Survey. 

18 TITLE XII—MISCELLANEOUS 

19 PROVISIONS 

20 SEC. 1201. RESPECT FOR TREATIES AND RIGHTS. 

21 Nothing in this Act or the amendments made by this 

22 Act shall be construed to affect or modify any treaty or 

23 other right of any federally recognized Indian Tribe. 


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1 SEC. 1202. NO PRIORITY OVER OTHER USES. 

2 Nothing in this Act or the amendments made by this 

3 Act provides a preference to hunting, fishing, or rec4 reational shooting over any other use of Federal land or 

5 water. 

6 SEC. 1203. STATE AUTHORITY FOR FISH AND WILDLIFE. 

7 Nothing in this Act— 

8 (1) authorizes the Secretary of Agriculture or 

9 the Secretary to require Federal licenses or permits 

10 to hunt and fish on Federal land; or 

11 (2) enlarges or diminishes the responsibility or 

12 authority of States with respect to fish and wildlife 

13 management. 

Æ 


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