I 

112TH CONGRESS 

1ST SESSION H. R. 1917 

To authorize the Secretary of the Interior, through the United States Fish 

and Wildlife Service, to conduct a Joint Venture Program to protect, 

restore, enhance, and manage migratory bird populations, their habitats, 

and the ecosystems they rely on, through voluntary actions on public 

and private lands, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 13, 2011 

Mr. KIND (for himself and Mr. WITTMAN) introduced the following bill; which 

was referred to the Committee on Natural Resources 

A BILL 

To authorize the Secretary of the Interior, through the 

United States Fish and Wildlife Service, to conduct a 

Joint Venture Program to protect, restore, enhance, and 

manage migratory bird populations, their habitats, and 

the ecosystems they rely on, through voluntary actions 

on public and private lands, 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 TITLES. 

4 This Act may be cited as the ‘‘Joint Ventures for 

5 Bird Habitat Conservation Act of 2011’’. 


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1 SEC. 2. FINDINGS AND PURPOSE. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) migratory birds are of great ecological and 

4 economic value to the Nation, contributing to bio5 logical diversity, advancing the well-being of human 

6 communities through pollination, seed dispersal, and 

7 other ecosystem services, and bringing tremendous 

8 enjoyment to the tens of millions of Americans who 

9 study, watch, feed, or hunt these birds; 

10 (2) sustainable populations of migratory birds 

11 depend on the conservation, protection, restoration, 

12 and enhancement of terrestrial, wetland, marine, 

13 and other aquatic habitats throughout their ranges 

14 in the United States, as well as the rest of North 

15 America, the Caribbean, and Central and South 

16 America; 

17 (3) birds are good indicators of environmental 

18 health and provide early warning of the impacts of 

19 environmental change, helping to yield the most out 

20 of every dollar invested in conservation; 

21 (4) human and environmental stressors are 

22 causing the decline of populations of many migra23 tory bird species, many of them once common, and 

24 climate change will exacerbate the impacts of these 

25 stressors on migratory bird populations; 


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1 (5) the coordination of Federal, State, tribal, 

2 and local government natural resource conservation 

3 efforts and the formation of partnerships that in4 clude a diversity of nongovernmental conservation 

5 organizations, private landowners, and other relevant 

6 stakeholders is necessary to accomplish the conserva7 tion of migratory bird populations, their habitats, 

8 and the ecosystem functions they rely on; 

9 (6) hunters, through their purchase of Federal 

10 migratory bird hunting stamps and State hunting li11 censes, have long supported the conservation of mi12 gratory birds and their habitats in the United States 

13 through the various State and Federal programs 

14 that are supported by the fees charged for such pur15 chases; 

16 (7) the Department of the Interior, through the 

17 United States Fish and Wildlife Service, is author18 ized under a number of broad statutes to undertake 

19 many activities with partners to conserve natural re20 sources, including migratory birds and their habitat; 

21 (8) through these authorities, the Service has 

22 created and supported a number of joint ventures 

23 with diverse partners to help protect, manage, en24 hance, and restore migratory bird habitat throughVerDate Mar 15 2010 00:06 May 26, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1917.IH H1917

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1 out much of the United States and to conserve mi2 gratory bird species; 

3 (9) the North American Waterfowl Manage4 ment Plan, adopted by the United States and Can5 ada in 1986, with Mexico joining as a signatory in 

6 1994, was the first truly landscape-level approach to 

7 conserving migratory game birds and the wetland 

8 habitats on which they depend, and became the 

9 foundation for the voluntary formation of Joint Ven10 tures; 

11 (10) since the adoption of the North American 

12 Waterfowl Management Plan, joint ventures have ex13 panded their application to all native birds and other 

14 wildlife species that depend on wetlands and associ15 ated upland habitats, resulting in significant con16 servation benefits over the last 20 years; 

17 (11) States possess broad trustee and manage18 ment authority over fish and wildlife resources with19 in their borders, and have utilized their authorities 

20 to undertake conservation programs to conserve resi21 dent and migratory birds and their habitats; 

22 (12) consistent with applicable Federal and 

23 State laws, the Federal Government and the States 

24 each have management responsibilities affecting fish 


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1 and wildlife resources, and should work cooperatively 

2 in fulfilling these responsibilities; 

3 (13) other domestic and international conserva4 tion projects authorized under the Neotropical Mi5 gratory Bird Conservation Act (16 U.S.C. 6101 et 

6 seq.) and the North American Wetlands Conserva7 tion Act (16 U.S.C. 4401 et seq.), and additional 

8 bird conservation projects authorized under other 

9 Federal authorities, can expand and increase the ef10 fectiveness of the joint ventures in protecting and 

11 enhancing migratory bird habitats throughout the 

12 different ranges of species native to the United 

13 States; and 

14 (14) the voluntary partnerships fostered by 

15 these joint ventures have served as innovative models 

16 for cooperative and effective landscape conservation, 

17 with far-reaching benefits to other fish and wildlife 

18 populations, and similar joint ventures should be au19 thorized specifically to reinforce the importance and 

20 multiple benefits of these models to encourage 

21 adaptive resource management and the implementa22 tion of flexible conservation strategies in the 21st 

23 century. 

24 (b) PURPOSE.—The purpose of this Act is to estab25 lish a program administered by the Director, in coordinaVerDate Mar 15 2010 00:06 May 26, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1917.IH H1917

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1 tion with other Federal agencies with management author2 ity over fish and wildlife resources and the States, to de3 velop, implement, and support innovative, voluntary, coop4 erative, and effective conservation strategies and conserva5 tion actions to— 

6 (1) promote, primarily, sustainable populations 

7 of migratory birds, and, secondarily, the fish and 

8 wildlife species associated with their habitats; 

9 (2) encourage stakeholder and government 

10 partnerships consistent with the goals of protecting, 

11 improving, and restoring habitat; 

12 (3) establish, implement, and improve science13 based migratory bird conservation plans and pro14 mote and facilitate broader landscape-level conserva15 tion of fish and wildlife habitat; and 

16 (4) coordinate related conservation activities of 

17 the Service and other Federal agencies to maximize 

18 the efficient and effective use of funds appropriated 

19 or otherwise made available to support projects and 

20 activities to enhance bird populations and other pop21 ulations of fish and wildlife and their habitats. 

22 SEC. 3. DEFINITIONS. 

23 In this Act: 

24 (1) CONSERVATION ACTION.—The term ‘‘con25 servation action’’ means activities that— 


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1 (A) support the protection, restoration, 

2 adaptive management, conservation, or en3 hancement of migratory bird populations, their 

4 terrestrial, wetland, marine, or other habitats, 

5 and other wildlife species supported by those 

6 habitats, including— 

7 (i) biological and geospatial planning; 

8 (ii) landscape and conservation de9 sign; 

10 (iii) habitat protection, enhancement, 

11 and restoration; 

12 (iv) monitoring and tracking; 

13 (v) applied research; and 

14 (vi) public outreach and education; 

15 (B) are conducted on lands or waters 

16 that— 

17 (i) are administered for the long-term 

18 conservation of such lands or waters and 

19 the migratory birds thereon, including the 

20 marine environment; or 

21 (ii) are not primarily held or managed 

22 for conservation but provide habitat value 

23 for migratory birds; and 

24 (C) incorporate adaptive management and 

25 science-based monitoring, where applicable, to 


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1 improve outcomes and ensure efficient and ef2 fective use of Federal funds. 

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

4 the Director of the United States Fish and Wildlife 

5 Service. 

6 (3) IMPLEMENTATION PLAN.—The term ‘‘Im7 plementation Plan’’ means an Implementation Plan 

8 approved by the Director under section 5. 

9 (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

10 has the meaning given that term in section 4 of the 

11 Indian Self-Determination and Education Assistance 

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

13 (5) JOINT VENTURE.—The term ‘‘Joint Ven14 ture’’ means a self-directed, voluntary partnership, 

15 established and conducted in accordance with section 

16 5. 

17 (6) MANAGEMENT BOARD.—The term ‘‘Man18 agement Board’’ means a Joint Venture Manage19 ment Board established in accordance with section 

20 5. 

21 (7) MIGRATORY BIRDS.—The term ‘‘migratory 

22 birds’’ means those species included in the list of mi23 gratory birds that appears in section 10.13 of title 

24 50, Code of Federal Regulations, under the author25 ity of the Migratory Bird Treaty Act. 


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1 (8) PROGRAM.—The term ‘‘Program’’ means 

2 the Joint Ventures Program conducted in accord3 ance with this Act. 

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

5 the Secretary of the Interior. 

6 (10) SERVICE.—The term ‘‘Service’’ means the 

7 United States Fish and Wildlife Service. 

8 (11) STATE.—The term ‘‘State’’ means— 

9 (A) any State of the United States, the 

10 District of Columbia, the Commonwealth of 

11 Puerto Rico, Guam, the Virgin Islands, Amer12 ican Samoa, and the Commonwealth of the 

13 Northern Mariana Islands; and 

14 (B) one or more agencies of a State gov15 ernment responsible under State law for man16 aging fish or wildlife resources. 

17 SEC. 4. JOINT VENTURES PROGRAM. 

18 (a) IN GENERAL.—The Secretary shall conduct, 

19 through the United States Fish and Wildlife Service, a 

20 Joint Ventures Program administered by the Director. 

21 The Director, through the Program, shall develop an ad22 ministrative framework for the approval and establish23 ment and implementation of Joint Ventures, that— 


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1 (1) provides financial and technical assistance 

2 to support regional migratory bird conservation part3 nerships; 

4 (2) develops and implements plans to protect 

5 and enhance migratory bird populations throughout 

6 their range, that are focused on regional landscapes 

7 and habitats that support those populations; 

8 (3) complements and supports activities by the 

9 Secretary and the Director to fulfill obligations 

10 under— 

11 (A) the Migratory Bird Treaty Act (16 

12 U.S.C. 701 et seq.); 

13 (B) the Migratory Bird Conservation Act 

14 (16 U.S.C. 715 et seq.); 

15 (C) the Neotropical Migratory Bird Con16 servation Act (16 U.S.C. 6101 et seq.); 

17 (D) the North American Wetlands Con18 servation Act (16 U.S.C. 4401 et seq.); 

19 (E) the Fish and Wildlife Conservation Act 

20 of 1980 (16 U.S.C. 2901 et seq.); and 

21 (F) the Partners for Fish and Wildlife Act 

22 (16 U.S.C. 3771 et seq.); and 

23 (4) support the goals and objectives of— 

24 (A) the North American Waterfowl Man25 agement Plan; 


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1 (B) the United States Shorebird Conserva2 tion Plan; 

3 (C) the North American Waterbird Con4 servation Plan; 

5 (D) the Partners in Flight North Amer6 ican Landbird Conservation Plan; and 

7 (E) other treaties, conventions, agree8 ments, or strategies entered into by the United 

9 States and implemented by the Secretary that 

10 promote the conservation of migratory bird pop11 ulations and their habitats. 

12 (b) GUIDELINES.—Within 180 days after the date of 

13 enactment of this Act the Secretary, through the Director, 

14 shall publish in the Federal Register guidelines for the im15 plementation of this Act, including regarding requirements 

16 for approval of proposed Joint Ventures and administra17 tion, oversight, coordination among, and evaluation of ap18 proved Joint Ventures. 

19 (c) COORDINATION WITH STATES.—In the adminis20 tration of the program authorized under this section, the 

21 Director shall coordinate and cooperate with the States 

22 to fulfill the purposes of this Act. 

23 SEC. 5. JOINT VENTURE ESTABLISHMENT AND ADMINIS24 TRATION. 

25 (a) ESTABLISHMENT.— 


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1 (1) IN GENERAL.—The Director, through the 

2 Program, may enter into an agreement with eligible 

3 partners described in paragraph (2) to establish a 

4 Joint Venture to fulfill one or more of the purposes 

5 set forth in paragraphs (1) through (3) of section 

6 2(b). 

7 (2) ELIGIBLE PARTNERS.—The eligible part8 ners referred to in paragraph (1) are the following: 

9 (A) Federal and State agencies with juris10 diction over migratory bird resources, their 

11 habitats, or that implement program activities 

12 that affect migratory bird habitats or the eco13 systems they rely on. 

14 (B) Affected regional, local, and tribal gov15 ernments, private landowners, land managers, 

16 and other private stakeholders. 

17 (C) Nongovernmental organizations with 

18 expertise in bird conservation or fish and wild19 life conservation or natural resource and land20 scape management generally. 

21 (D) Other relevant stakeholders. 

22 (b) MANAGEMENT BOARD.— 

23 (1) IN GENERAL.—An agreement under this 

24 section for a Joint Venture shall establish a Manage25 ment Board in accordance with this subsection. 


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1 (2) MEMBERSHIP.—The Management Board 

2 shall include a diversity of members representing 

3 stakeholder interests from the appropriate geo4 graphic region, including, as appropriate, representa5 tives from the Service and other Federal agencies 

6 that have management authority over fish and wild7 life resources on public lands or in the marine envi8 ronment, or that implement programs that affect 

9 migratory bird habitats, and representatives from 

10 the States, and may include— 

11 (A) regional governments and Indian 

12 tribes; 

13 (B) academia or the scientific community; 

14 (C) nongovernmental landowners or land 

15 managers; 

16 (D) nonprofit conservation or other rel17 evant organizations with expertise in migratory 

18 bird conservation, or in fish and wildlife con19 servation generally; and 

20 (E) private organizations with a dedicated 

21 interest in conserving migratory birds and their 

22 habitats. 

23 (3) FUNCTIONS AND RESPONSIBILITIES.— 

24 (A) ORGANIZATION AND OPERATIONS

25 PLAN.—A Management Board, in accordance 


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1 with the guidelines published by the Director 

2 under section 4 and in coordination with the 

3 Director, shall develop, publish, and comply 

4 with a plan that specifies the organizational 

5 structure of the Joint Venture and prescribes 

6 its operational practices and procedures. 

7 (B) ADMINISTRATION.—Subject to applica8 ble Federal and State law, the Management 

9 Board shall manage the personnel and oper10 ations of the Joint Venture, including— 

11 (i) by appointing a coordinator for the 

12 Joint Venture in consultation with the Di13 rector, to manage the daily and long-term 

14 operations of the Joint Venture; 

15 (ii) approval of other full- or part-time 

16 administrative and technical non-Federal 

17 employees as the Management Board de18 termines necessary to perform the func19 tions of the Joint Venture, meet objectives 

20 specified in the Implementation Plan, and 

21 fulfill the purpose of this Act; and 

22 (iii) establishment of committees, 

23 steering groups, focus groups, geographic 

24 or taxonomic groups, or other organizaVerDate Mar 15 2010 00:06 May 26, 2011 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1917.IH H1917

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1 tional entities to assist in implementing the 

2 relevant Implementation Plan. 

3 (4) USE OF SERVICE AND FEDERAL AGENCY

4 EMPLOYEES.—Subject to the availability of appro5 priations and upon the request from a Management 

6 Board, and after consultation with and approval of 

7 the Director, the head of any Federal agency may 

8 detail to the Management Board, on a reimbursable 

9 or nonreimbursable basis, any agency personnel to 

10 assist the Joint Venture in performing its functions 

11 under this Act. 

12 (c) IMPLEMENTATION PLAN.— 

13 (1) SUBMISSION OF PLAN TO DIRECTOR.—Be14 fore the Director enters into an agreement to estab15 lish a Joint Venture under subsection (a), the Man16 agement Board for the Joint Venture shall submit 

17 to the Director a proposed Implementation Plan that 

18 shall contain, at a minimum, the following elements: 

19 (A) A strategic framework for migratory 

20 bird conservation that includes biological plan21 ning; conservation design; habitat restoration, 

22 protection, and enhancement; applied research; 

23 and monitoring and evaluation activities. 


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1 (B) Provisions for effective communication 

2 among member participants within the Joint 

3 Venture. 

4 (C) A long-term strategy to conduct public 

5 outreach and education regarding the purposes 

6 and activities of the Joint Venture and activi7 ties to regularly communicate to the general 

8 public information generated by the Joint Ven9 ture. 

10 (D) Coordination with laws and conserva11 tion plans referred to in section 4(a)(3) and (4) 

12 that are relevant to migratory birds, and other 

13 relevant regional, national, or international ini14 tiatives identified by the Director to conserve 

15 migratory birds, their habitats, ecological func16 tions, and associated populations of fish and 

17 wildlife. 

18 (E) An organizational plan that— 

19 (i) identifies the initial membership of 

20 the Management Board and establishes 

21 procedures for updating the membership of 

22 the Management Board as appropriate; 

23 (ii) describes the organizational struc24 ture of the Joint Venture, including pro25 posed committees and subcommittees, and 


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1 procedures for revising and updating the 

2 structure, as necessary; and 

3 (iii) provides a strategy to increase 

4 stakeholder participation or membership in 

5 the Joint Venture. 

6 (F) Procedures to coordinate the develop7 ment, implementation, oversight, monitoring, 

8 tracking, and reporting of conservation actions 

9 approved by the Management Board and an 

10 evaluation process to determine overall effec11 tiveness of activities undertaken by the Joint 

12 Venture. 

13 (G) A strategy to encourage the contribu14 tion of non-Federal financial resources, dona15 tions, gifts and in-kind contributions to support 

16 the objectives of the Joint Venture and fulfill17 ment of the Implementation Plan. 

18 (2) REVIEW.—The Director shall— 

19 (A) coordinate the review of a proposed 

20 Implementation Plan submitted under this sec21 tion; and 

22 (B) ensure that such plan is circulated for 

23 review for a period not to exceed 90 days, to— 


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1 (i) bureaus within the Service and 

2 other appropriate bureaus or agencies 

3 within the Department of the Interior; 

4 (ii) appropriate regional migratory 

5 bird Flyway Councils; 

6 (iii) national and international boards 

7 that oversee bird conservation initiatives 

8 under the plans specified in section 

9 4(a)(4); 

10 (iv) relevant State agencies, regional 

11 governmental entities, and Indian tribes; 

12 (v) nongovernmental conservation or13 ganizations, academic institutions, or other 

14 stakeholders engaged in existing Joint 

15 Ventures that have knowledge or expertise 

16 of the geographic or ecological scope of the 

17 Joint Venture; and 

18 (vi) other relevant stakeholders con19 sidered necessary by the Director to ensure 

20 a comprehensive review of the proposed 

21 Implementation Plan. 

22 (3) APPROVAL.—The Director shall approve an 

23 Implementation Plan submitted by the Management 

24 Board for a Joint Venture if the Director finds 

25 that— 


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1 (A) the plan provides for implementation 

2 of conservation actions to conserve waterfowl 

3 and other native migratory birds and their 

4 habitats and ecosystems either— 

5 (i) in a specific geographic area of the 

6 United States; or 

7 (ii) across the range of a specific spe8 cies or similar group of like species; 

9 (B) the members of the Joint Venture— 

10 (i) accept the responsibility for imple11 mentation of national or international bird 

12 conservation plans in the region of the 

13 United States to which the plan applies; 

14 and 

15 (ii) have demonstrated to the satisfac16 tion of the Director the capacity to imple17 ment conservation actions identified in the 

18 plan, including (I) the design, funding, 

19 monitoring, and tracking of conservation 

20 projects that advance the objectives of the 

21 Joint Venture; and (II) reporting and con22 duct of public outreach regarding such 

23 projects; and 

24 (C) the plan maximizes, to the extent prac25 ticable, coordination with other relevant and acVerDate Mar 15 2010 00:06 May 26, 2011 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H1917.IH H1917

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1 tive conservation plans or programs within the 

2 geographic scope of the Joint Venture to con3 serve, protect, recover, or restore migratory bird 

4 habitats and other fish and wildlife habitat 

5 within the operating region of the Joint Ven6 ture. 

7 SEC. 6. GRANTS AND OTHER ASSISTANCE. 

8 (a) IN GENERAL.—Except as provided in subsection 

9 (b), and subject to the availability of appropriations, the 

10 Director may award grants of financial assistance to im11 plement a Joint Venture through— 

12 (1) support of the activities of the Management 

13 Board of the Joint Venture and to pay for necessary 

14 administrative costs and services, personnel, and 

15 meetings, travel, and other business activities; and 

16 (2) support for specific conservation actions and 

17 other activities necessary to carry out the Implemen18 tation Plan. 

19 (b) LIMITATION.—A Joint Venture is not eligible for 

20 assistance or support authorized in this section unless the 

21 Joint Venture is operating under an Implementation Plan 

22 approved by the Director under section 5. 

23 (c) CONSERVATION ACTION GRANT CRITERIA.—The 

24 Secretary, through the Director, within 180 days after 

25 date of enactment of this Act and after consultation with 


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1 representatives from Management Boards and equivalent 

2 entities of joint ventures referred to in section 8, shall 

3 publish guidelines for determining funding allocations 

4 among joint ventures and priorities for funding among 

5 conservation action proposals to meet the purpose of this 

6 Act and respective Implementation Plans. 

7 (d) MATCHING REQUIREMENTS.—If a Management 

8 Board determines that two or more proposed conservation 

9 actions are of equal value toward fulfillment of the rel10 evant Implementation Plan, priority shall be given to the 

11 action or actions for which there exist non-Federal match12 ing contributions that are equal to or exceed the amount 

13 of Federal funds available for such action or actions. 

14 (e) TECHNICAL ASSISTANCE.—The Secretary, 

15 through the Director, may provide technical and adminis16 trative assistance for implementation of Joint Ventures 

17 and the expenditure of financial assistance under this sub18 section. 

19 (f) ACCEPTANCE AND USE OF DONATIONS.—The 

20 Secretary, through the Director, may accept and use dona21 tions of funds, gifts, and in-kind contributions to provide 

22 assistance under this section. 

23 SEC. 7. REPORTING REQUIREMENTS. 

24 (a) ANNUAL REPORTS BY MANAGEMENT BOARDS.— 


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1 (1) IN GENERAL.—The Secretary, acting 

2 through the Director, shall— 

3 (A) require each Management Board to 

4 submit annual reports for all approved Joint 

5 Ventures of the Management Board; and 

6 (B) publish within 180 days after the date 

7 of enactment of this Act guidelines to imple8 ment this subsection. 

9 (2) CONTENTS.—Each annual report shall in10 clude— 

11 (A) a description and justification of all 

12 conservation actions approved and implemented 

13 by the Management Board during the period 

14 covered by the report; 

15 (B) when appropriate based upon the goals 

16 and objectives of an Implementation Plan, an 

17 estimate of the total number of acres of migra18 tory bird habitat either restored, protected, or 

19 enhanced as a result of such conservation ac20 tions; 

21 (C) the amounts and sources of Federal 

22 and non-Federal funding for such conservation 

23 actions; 

24 (D) the amounts and sources of funds ex25 pended for administrative and other expenses of 


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1 the Joint Venture of the Management Board, 

2 including all donations, gifts, and in-kind con3 tributions provided for the Joint Venture; 

4 (E) the status of progress made in achiev5 ing the strategic framework of the Implementa6 tion Plan of such Joint Venture and fulfillment 

7 of the purpose of this Act; and 

8 (F) other elements considered necessary by 

9 the Director to insure transparency and ac10 countability by Management Boards in the im11 plementation of its responsibilities under this 

12 Act. 

13 (b) JOINT VENTURE PROGRAM 5-YEAR REVIEWS.— 

14 (1) IN GENERAL.—The Secretary, acting 

15 through the Director, shall at 5 years after the date 

16 of enactment of this Act and at 5-year intervals 

17 thereafter, complete an objective and comprehensive 

18 review and evaluation of the Program. 

19 (2) REVIEW CONTENTS.—Each review under 

20 this subsection shall include— 

21 (A) an evaluation of the effectiveness of 

22 the Program in meeting the purpose of this Act 

23 specified in section 2(b); 

24 (B) an evaluation of all approved Imple25 mentation Plans, especially the effectiveness of 


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1 existing conservation strategies, priorities, and 

2 methods to meet the objectives of such plans 

3 and fulfill the purpose of this Act; and 

4 (C) recommendations to revise the Pro5 gram or to amend or otherwise revise Imple6 mentation Plans to ensure that activities under7 taken pursuant to this Act address the effects 

8 of climate change on migratory bird populations 

9 and their habitats, and fish and wildlife habi10 tats, in general. 

11 (3) CONSULTATION.—The Secretary, acting 

12 through the Director, in the implementation of this 

13 subsection— 

14 (A) shall consult with other appropriate 

15 Federal agencies with responsibility for the con16 servation or management of fish and wildlife 

17 habitat and appropriate State agencies; and 

18 (B) may consult with appropriate, Indian 

19 tribes, Flyway Councils, or regional conserva20 tion organizations, public and private land21 owners, members of academia and the scientific 

22 community, and other nonprofit conservation or 

23 private stakeholders. 

24 (4) PUBLIC COMMENT.—The Secretary, 

25 through the Director, shall provide for adequate opVerDate Mar 15 2010 00:06 May 26, 2011 Jkt 099200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H1917.IH H1917

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1 portunities for general public review and comment of 

2 the Program as part of the 5-year evaluations con3 ducted pursuant to this subsection. 

4 SEC. 8. TREATMENT OF EXISTING JOINT VENTURES. 

5 For purposes of this Act, the Director— 

6 (1) shall treat as a Joint Venture any joint ven7 ture recognized by the Director before the date of 

8 the enactment of this Act in accordance with the 

9 United States Fish and Wildlife Services manual 

10 (721FW6); and 

11 (2) shall treat as an Implementation Plan an 

12 implementation plan adopted by the management 

13 board for such joint venture. 

14 SEC. 9. RELATIONSHIP TO OTHER AUTHORITIES. 

15 (a) AUTHORITIES, ETC. OF SECRETARY.—Nothing in 

16 this Act affects authorities, responsibilities, obligations, or 

17 powers of the Secretary under any other Act. 

18 (b) STATE AUTHORITY.—Nothing in this Act pre19 empts any provision or enforcement of a State statute or 

20 regulation relating to the management of fish and wildlife 

21 resources within such State. 


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1 SEC. 10. FEDERAL ADVISORY COMMITTEE ACT. 

2 The Federal Advisory Committee Act (5 U.S.C. App.) 

3 shall not apply to any boards, committees, or other groups 

4 established under this Act. 

Æ 


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