```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 925 Engrossed Amendment Senate (EAS)]

<DOC>
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                       January 9, 2020.
    Resolved, That the bill from the House of Representatives (H.R. 
925) entitled ``An Act to extend the authorization of appropriations 
for allocation to carry out approved wetlands conservation projects 
under the North American Wetlands Conservation Act through fiscal year 
2024.'', do pass with the following

                              AMENDMENTS:

            Strike all after the enacting clause and insert the 
      following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``America's 
Conservation Enhancement Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

    Sec. 1. Short title; table of contents.
         TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION

    Sec. 101. Theodore Roosevelt Genius Prize for reducing human-
                                predator conflict.
    Sec. 102. Losses of livestock due to depredation by federally 
                                protected species.
    Sec. 103. Depredation permits for black vultures and common 
                                ravens.
    Sec. 104. Chronic Wasting Disease Task Force.
    Sec. 105. Invasive species.
    Sec. 106. North American Wetlands Conservation Act.
    Sec. 107. National Fish and Wildlife Foundation Establishment 
                                Act.
    Sec. 108. Modification of definition of sport fishing equipment 
                                under Toxic Substances Control Act.
    Sec. 109. Reauthorization of Chesapeake Bay Program.
    Sec. 110. Reauthorization of Chesapeake Bay Initiative Act of 
                                1998.
    Sec. 111. Chesapeake watershed investments for landscape 
                                defense.
         TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH 
                              PARTNERSHIPS

    Sec. 201. Purpose.
    Sec. 202. Definitions.
    Sec. 203. National Fish Habitat Board.
    Sec. 204. Fish Habitat Partnerships.
    Sec. 205. Fish Habitat Conservation Projects.
    Sec. 206. Technical and scientific assistance.
    Sec. 207. Coordination with States and Indian Tribes.
    Sec. 208. Interagency Operational Plan.
    Sec. 209. Accountability and reporting.
    Sec. 210. Effect of this title.
    Sec. 211. Nonapplicability of Federal Advisory Committee Act.
    Sec. 212. Funding.
    Sec. 213. Prohibition against implementation of regulatory 
                                authority by Federal agencies 
                                through Partnerships.
                        TITLE III--MISCELLANEOUS

    Sec. 301. Sense of the Senate regarding conservation agreements 
                                and activities.
    Sec. 302. Study to review conservation factors.
    Sec. 303. Study and report on expenditures.
    Sec. 304. Use of value of land for cost sharing.

         TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION

SEC. 101. THEODORE ROOSEVELT GENIUS PRIZE FOR REDUCING HUMAN-PREDATOR 
              CONFLICT.

    (a) In General.--Section 7001(d) of the John D. Dingell, Jr. 
Conservation, Management, and Recreation Act (16 U.S.C. 742b note; 
Public Law 116-9) is amended--
            (1) in paragraphs (2)(C)(v), (3)(C)(v), (4)(C)(v), 
        (5)(C)(v), and (6)(C)(v), by striking ``paragraph (7)(A)'' each 
        place it appears and inserting ``paragraph (8)(A)'';
            (2) in paragraphs (2)(D)(ii), (2)(F)(ii), (3)(D)(ii), 
        (3)(F)(ii), (4)(D)(ii), (4)(F)(ii), (5)(D)(ii), (5)(F)(ii), 
        (6)(D)(ii), and (6)(F)(ii) by striking ``paragraph (7)(B)'' 
        each place it appears and inserting ``paragraph (8)(B)'';
            (3) in paragraph (6)(C)(iv), in the matter preceding clause 
        (i), by striking ``subparagraph (C)'' and inserting ``clause 
        (iii)'';
            (4) by redesignating paragraph (7) as paragraph (8);
            (5) by inserting after paragraph (6) the following:
            ``(7) Theodore roosevelt genius prize for reducing human-
        predator conflict.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Board.--The term `Board' means the 
                        Reducing Human-Predator Conflict Technology 
                        Advisory Board established by subparagraph 
                        (C)(i).
                            ``(ii) Prize competition.--The term `prize 
                        competition' means the Theodore Roosevelt 
                        Genius Prize for reducing human-predator 
                        conflict established under subparagraph (B).
                    ``(B) Authority.--Not later than 180 days after the 
                date of enactment of the America's Conservation 
                Enhancement Act, the Secretary shall establish under 
                section 24 of the Stevenson-Wydler Technology 
                Innovation Act of 1980 (15 U.S.C. 3719) a prize 
                competition, to be known as the `Theodore Roosevelt 
                Genius Prize for reducing human-predator conflict'--
                            ``(i) to encourage technological innovation 
                        with the potential to advance the mission of 
                        the United States Fish and Wildlife Service 
                        with respect to reducing the frequency of 
                        human-predator conflict using nonlethal means; 
                        and
                            ``(ii) to award 1 or more prizes annually 
                        for a technological advancement that promotes 
                        reducing human-predator conflict using 
                        nonlethal means, which may include the 
                        application and monitoring of tagging 
                        technologies.
                    ``(C) Advisory board.--
                            ``(i) Establishment.--There is established 
                        an advisory board, to be known as the `Reducing 
                        Human-Predator Conflict Technology Advisory 
                        Board'.
                            ``(ii) Composition.--The Board shall be 
                        composed of not fewer than 9 members appointed 
                        by the Secretary, who shall provide expertise 
                        in--
                                    ``(I) predator-human interactions;
                                    ``(II) the habitats of large 
                                predators;
                                    ``(III) biology;
                                    ``(IV) technology development;
                                    ``(V) engineering;
                                    ``(VI) economics;
                                    ``(VII) business development and 
                                management; and
                                    ``(VIII) any other discipline, as 
                                the Secretary determines to be 
                                necessary to achieve the purposes of 
                                this paragraph.
                            ``(iii) Duties.--Subject to clause (iv), 
                        with respect to the prize competition, the 
                        Board shall--
                                    ``(I) select a topic;
                                    ``(II) issue a problem statement;
                                    ``(III) advise the Secretary 
                                regarding any opportunity for 
                                technological innovation to reduce 
                                human-predator conflict using nonlethal 
                                means; and
                                    ``(IV) advise winners of the prize 
                                competition regarding opportunities to 
                                pilot and implement winning 
                                technologies in relevant fields, 
                                including in partnership with 
                                conservation organizations, Federal or 
                                State agencies, federally recognized 
                                Indian Tribes, private entities, and 
                                research institutions with expertise or 
                                interest relating to reducing human-
                                predator conflict using nonlethal 
                                means.
                            ``(iv) Consultation.--In selecting a topic 
                        and issuing a problem statement for the prize 
                        competition under subclauses (I) and (II) of 
                        clause (iii), respectively, the Board shall 
                        consult widely with Federal and non-Federal 
                        stakeholders, including--
                                    ``(I) 1 or more Federal agencies 
                                with jurisdiction over the management 
                                of native wildlife species at risk due 
                                to conflict with human activities;
                                    ``(II) 1 or more State agencies 
                                with jurisdiction over the management 
                                of native wildlife species at risk due 
                                to conflict with human activities;
                                    ``(III) 1 or more State, regional, 
                                or local wildlife organizations, the 
                                mission of which relates to the 
                                management of native wildlife species 
                                at risk due to conflict with human 
                                activities; and
                                    ``(IV) 1 or more wildlife 
                                conservation groups, technology 
                                companies, research institutions, 
                                institutions of higher education, 
                                industry associations, or individual 
                                stakeholders with an interest in the 
                                management of native wildlife species 
                                at risk due to conflict with human 
                                activities.
                            ``(v) Requirements.--The Board shall comply 
                        with all requirements under paragraph (8)(A).
                    ``(D) Agreement with national fish and wildlife 
                foundation.--
                            ``(i) In general.--The Secretary shall 
                        offer to enter into an agreement under which 
                        the National Fish and Wildlife Foundation shall 
                        administer the prize competition.
                            ``(ii) Requirements.--An agreement entered 
                        into under clause (i) shall comply with all 
                        requirements under paragraph (8)(B).
                    ``(E) Judges.--
                            ``(i) Appointment.--The Secretary shall 
                        appoint not fewer than 3 judges who shall, 
                        except as provided in clause (ii), select the 1 
                        or more annual winners of the prize 
                        competition.
                            ``(ii) Determination by secretary.--The 
                        judges appointed under clause (i) shall not 
                        select any annual winner of the prize 
                        competition if the Secretary makes a 
                        determination that, in any fiscal year, none of 
                        the technological advancements entered into the 
                        prize competition merits an award.
                    ``(F) Consultation with noaa.--The Secretary shall 
                consult with the Secretary of Commerce, acting through 
                the Administrator of the National Oceanic and 
                Atmospheric Administration, in the case of a cash prize 
                awarded under the prize competition for a technology 
                that addresses conflict between marine predators under 
                the jurisdiction of the Secretary of Commerce, acting 
                through the Administrator of the National Oceanic and 
                Atmospheric Administration, and humans.
                    ``(G) Report to congress.--Not later than 60 days 
                after the date on which a cash prize is awarded under 
                this paragraph, the Secretary shall submit to the 
                Committee on Environment and Public Works of the Senate 
                and the Committee on Natural Resources of the House of 
                Representatives a report on the prize competition that 
                includes--
                            ``(i) a statement by the Board that 
                        describes the activities carried out by the 
                        Board relating to the duties described in 
                        subparagraph (C)(iii);
                            ``(ii) if the Secretary has entered into an 
                        agreement under subparagraph (D)(i), a 
                        statement by the National Fish and Wildlife 
                        Foundation that describes the activities 
                        carried out by the National Fish and Wildlife 
                        Foundation relating to the duties described in 
                        paragraph (8)(B); and
                            ``(iii) a statement by 1 or more of the 
                        judges appointed under subparagraph (E) that 
                        explains the basis on which the winner of the 
                        cash prize was selected.
                    ``(H) Termination of authority.--The Board and all 
                authority provided under this paragraph shall terminate 
                on December 31, 2023.''; and
            (6) in paragraph (8) (as so redesignated)--
                    (A) in subparagraph (A), in the matter preceding 
                clause (i), by striking ``or (6)(C)(i)'' and inserting 
                ``(6)(C)(i), or (7)(C)(i)''; and
                    (B) in subparagraph (B)--
                            (i) in the matter preceding clause (i), by 
                        striking ``or (6)(D)(i)'' and inserting 
                        ``(6)(D)(i), or (7)(D)(i)''; and
                            (ii) in clause (i)(VII), by striking ``and 
                        (6)(E)'' and inserting ``(6)(E), and (7)(E)''.
    (b) Sense of Congress.--It is the sense of Congress that data 
collected from the tagging of predators can inform innovative 
management of those predators and innovative education activities to 
minimize human-predator conflict.

SEC. 102. LOSSES OF LIVESTOCK DUE TO DEPREDATION BY FEDERALLY PROTECTED 
              SPECIES.

    (a) Definitions.--In this section:
            (1) Depredation.--
                    (A) In general.--The term ``depredation'' means 
                actual death, injury, or destruction of livestock that 
                is caused by a federally protected species.
                    (B) Exclusions.--The term ``depredation'' does not 
                include damage to real or personal property other than 
                livestock, including--
                            (i) damage to--
                                    (I) other animals;
                                    (II) vegetation;
                                    (III) motor vehicles; or
                                    (IV) structures;
                            (ii) diseases;
                            (iii) lost profits; or
                            (iv) consequential damages.
            (2) Federally protected species.--The term ``federally 
        protected species'' means a species that is or previously was 
        protected under--
                    (A) the Act of June 8, 1940 (commonly known as the 
                ``Bald and Golden Eagle Protection Act'') (54 Stat. 
                250, chapter 278; 16 U.S.C. 668 et seq.);
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.); or
                    (C) the Migratory Bird Treaty Act (16 U.S.C. 703 et 
                seq.).
            (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (4) Livestock.--
                    (A) In general.--The term ``livestock'' means 
                horses, mules and asses, rabbits, llamas, cattle, 
                bison, swine, sheep, goats, poultry, bees, honey and 
                beehives, or any other animal generally used for food 
                or in the production of food or fiber.
                    (B) Inclusion.--The term ``livestock'' includes 
                guard animals actively engaged in the protection of 
                livestock described in subparagraph (A).
            (5) Program.--The term ``program'' means the grant program 
        established under subsection (b)(1).
            (6) Secretaries.--The term ``Secretaries'' means--
                    (A) the Secretary of the Interior, acting through 
                the Director of the United States Fish and Wildlife 
                Service; and
                    (B) the Secretary of Agriculture, acting through 
                the Administrator of the Animal and Plant Health 
                Inspection Service.
    (b) Grant Program for Losses of Livestock Due to Depredation by 
Federally Protected Species.--
            (1) In general.--The Secretaries shall establish a program 
        to provide grants to States and Indian tribes to supplement 
        amounts provided by States, Indian tribes, or State agencies 
        under 1 or more programs established by the States and Indian 
        tribes (including programs established after the date of 
        enactment of this Act)--
                    (A) to assist livestock producers in carrying out--
                            (i) proactive and nonlethal activities to 
                        reduce the risk of livestock loss due to 
                        depredation by federally protected species 
                        occurring on--
                                    (I) Federal, State, or private land 
                                within the applicable State; or
                                    (II) land owned by, or held in 
                                trust for the benefit of, the 
                                applicable Indian tribe; and
                            (ii) research relating to the activities 
                        described in clause (i); and
                    (B) to compensate livestock producers for livestock 
                losses due to depredation by federally protected 
                species occurring on--
                            (i) Federal, State, or private land within 
                        the applicable State; or
                            (ii) land owned by, or held in trust for 
                        the benefit of, the applicable Indian tribe.
            (2) Allocation of funding.--
                    (A) Reports to the secretaries.--Not later than 
                September 30 of each year, a State or Indian tribe 
                desiring to receive a grant under the program shall 
                submit to the Secretaries a report describing, for the 
                1-year period ending on that September 30, the losses 
                of livestock due to depredation by federally protected 
                species occurring on--
                            (i) Federal, State, or private land within 
                        the applicable State; or
                            (ii) land owned by, or held in trust for 
                        the benefit of, the applicable Indian tribe.
                    (B) Allocation.--The Secretaries shall allocate 
                available funding to carry out this Act among States 
                and Indian tribes for a 1-year period ending on 
                September 30 based on the losses described in the 
                reports submitted for the previous 1-year period ending 
                on September 30 under subparagraph (A).
            (3) Eligibility.--To be eligible to receive a grant under 
        paragraph (1), a State or Indian tribe shall--
                    (A) designate an appropriate agency of the State or 
                Indian tribe to administer the 1 or more programs 
                supplemented by the grant funds;
                    (B) establish 1 or more accounts to receive grant 
                funds;
                    (C) maintain files of all claims received and paid 
                under grant-funded programs, including supporting 
                documentation; and
                    (D) submit to the Secretaries--
                            (i) annual reports that include--
                                    (I) a summary of claims and 
                                expenditures under the program during 
                                the year; and
                                    (II) a description of any action 
                                taken on the claims; and
                            (ii) such other reports as the Secretaries 
                        may require to assist the Secretaries in 
                        determining the effectiveness of assisted 
                        activities under this section.
    (c) Sense of the Senate.--It is the sense of the Senate that--
            (1) no State or Indian tribe is required to participate in 
        the program; and
            (2) the program supplements, and does not replace or 
        supplant, any State compensation programs for depredation.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $15,000,000 for each of fiscal 
years 2021 through 2025, of which--
            (1) $5,000,000 shall be used to provide grants for the 
        purposes described in subsection (b)(1)(A); and
            (2) $10,000,000 shall be used to provide grants for the 
        purpose described in subsection (b)(1)(B).

SEC. 103. DEPREDATION PERMITS FOR BLACK VULTURES AND COMMON RAVENS.

    (a) In General.--The Secretary of the Interior, acting through the 
Director of the United States Fish and Wildlife Service (referred to in 
this section as the ``Secretary''), may issue depredation permits to 
livestock producers authorizing takings of black vultures or common 
ravens otherwise prohibited by Federal law to prevent those vultures or 
common ravens from taking livestock during the calving season or 
lambing season.
    (b) Limited to Affected States or Regions.--The Secretary may issue 
permits under subsection (a) only to livestock producers in States and 
regions in which livestock producers are affected or have been affected 
in the previous year by black vultures or common ravens, as determined 
by Secretary.
    (c) Reporting.--The Secretary shall require, as a condition of a 
permit under subsection (a), that the permit holder shall report to the 
appropriate enforcement agencies the takings of black vultures or 
common ravens pursuant to the permit.

SEC. 104. CHRONIC WASTING DISEASE TASK FORCE.

    (a) Definition of Chronic Wasting Disease.--In this section, the 
term ``chronic wasting disease'' means the animal disease afflicting 
deer, elk, and moose populations that--
            (1) is a transmissible disease of the nervous system 
        resulting in distinctive lesions in the brain; and
            (2) belongs to the group of diseases known as transmissible 
        spongiform encephalopathies, which group includes scrapie, 
        bovine spongiform encephalopathy, and Creutzfeldt-Jakob 
        disease.
    (b) Establishment.--
            (1) In general.--There is established within the United 
        States Fish and Wildlife Service a task force, to be known as 
        the ``Chronic Wasting Disease Task Force'' (referred to in this 
        subsection as the ``Task Force'').
            (2) Duties.--The Task Force shall--
                    (A) collaborate with foreign governments to share 
                research, coordinate efforts, and discuss best 
                management practices to reduce, minimize, prevent, or 
                eliminate chronic wasting disease in the United States;
                    (B) develop recommendations, including 
                recommendations based on findings of the study 
                conducted under subsection (c), and a set of best 
                practices regarding--
                            (i) the interstate coordination of 
                        practices to prevent the new introduction of 
                        chronic wasting disease;
                            (ii) the prioritization and coordination of 
                        the future study of chronic wasting disease, 
                        based on evolving research needs;
                            (iii) ways to leverage the collective 
                        resources of Federal, State, and local 
                        agencies, Indian Tribes, and foreign 
                        governments, and resources from private, 
                        nongovernmental entities, to address chronic 
                        wasting disease in the United States and along 
                        the borders of the United States; and
                            (iv) any other area where containment or 
                        management efforts relating to chronic wasting 
                        disease may differ across jurisdictions;
                    (C) draw from existing and future academic and 
                management recommendations to develop an interstate 
                action plan under which States and the United States 
                Fish and Wildlife Service agree to enact consistent 
                management, educational, and research practices 
                relating to chronic wasting disease; and
                    (D) facilitate the creation of a cooperative 
                agreement by which States and relevant Federal agencies 
                agree to commit funds to implement best practices 
                described in the interstate action plan developed under 
                subparagraph (C).
            (3) Membership.--
                    (A) In general.--The Task Force shall be composed 
                of--
                            (i) 1 representative of the United States 
                        Fish and Wildlife Service with experience in 
                        chronic wasting disease, to be appointed by the 
                        Secretary of the Interior (referred to in this 
                        subsection as the ``Secretary'');
                            (ii) 1 representative of the United States 
                        Geological Survey;
                            (iii) 2 representatives of the Department 
                        of Agriculture with experience in chronic 
                        wasting disease, to be appointed by the 
                        Secretary of Agriculture--
                                    (I) 1 of whom shall have expertise 
                                in research; and
                                    (II) 1 of whom shall have expertise 
                                in wildlife management;
                            (iv) in the case of each State in which 
                        chronic wasting disease among elk, mule deer, 
                        white-tailed deer, or moose has been reported 
                        to the appropriate State agency, not more than 
                        2 representatives, to be nominated by the 
                        Governor of the State--
                                    (I) not more than 1 of whom shall 
                                be a representative of the State agency 
                                with jurisdiction over wildlife 
                                management or wildlife disease in the 
                                State; and
                                    (II) in the case of a State with a 
                                farmed cervid program or economy, not 
                                more than 1 of whom shall be a 
                                representative of the State agency with 
                                jurisdiction over farmed cervid 
                                regulation in the State;
                            (v) in the case of each State in which 
                        chronic wasting disease among elk, mule deer, 
                        white-tailed deer, or moose has not been 
                        documented, but that has carried out measures 
                        to prevent the introduction of chronic wasting 
                        disease among those species, not more than 2 
                        representatives, to be nominated by the 
                        Governor of the State;
                            (vi) not more than 2 representatives from 
                        an Indian tribe or tribal organization chosen 
                        in a process determined, in consultation with 
                        Indian tribes, by the Secretary; and
                            (vii) not more than 5 nongovernmental 
                        members with relevant expertise appointed, 
                        after the date on which the members are first 
                        appointed under clauses (i) through (vi), by a 
                        majority vote of the State representatives 
                        appointed under clause (iv).
                    (B) Effect.--Nothing in this paragraph requires a 
                State to participate in the Task Force.
            (4) Co-chairs.--The Co-Chairs of the Task Force shall be--
                    (A) the Federal representative described in 
                paragraph (3)(A)(i); and
                    (B) 1 State representative appointed under 
                paragraph (3)(A)(iv), to be selected by a majority vote 
                of those State representatives.
            (5) Date of initial appointment.--
                    (A) In general.--The members of the Task Force 
                shall be appointed not later than 180 days after the 
                date on which the study is completed under subsection 
                (c).
                    (B) Notification.--On appointment of the members of 
                the Task Force, the Co-Chairs of the Task Force shall 
                notify the Chairs and Ranking Members of the Committees 
                on Environment and Public Works of the Senate and 
                Natural Resources of the House of Representatives.
            (6) Vacancies.--Any vacancy in the members appointed to the 
        Task Force--
                    (A) shall not affect the power or duty of the Task 
                Force; and
                    (B) shall be filled not later than 30 days after 
                the date of the vacancy.
            (7) Meetings.--The Task Force shall convene--
                    (A) not less frequently than twice each year; and
                    (B) at such time and place, and by such means, as 
                the Co-Chairs of the Task Force determine to be 
                appropriate, which may include the use of remote 
                conference technology.
            (8) Interstate action plan.--
                    (A) In general.--Not later than 1 year after the 
                date on which the members of the Task Force are 
                appointed, the Task Force shall submit to the 
                Secretary, and the heads of the State agencies with 
                jurisdiction over wildlife disease and farmed cervid 
                regulation of each State with a representative on the 
                Task Force, the interstate action plan developed by the 
                Task Force under paragraph (2)(C).
                    (B) Cooperative agreements.--
                            (i) In general.--To the maximum extent 
                        practicable, the Secretary, any other 
                        applicable Federal agency, and each applicable 
                        State shall enter into a cooperative agreement 
                        to fund necessary actions under the interstate 
                        action plan submitted under subparagraph (A).
                            (ii) Target date.--The Secretary shall make 
                        the best effort of the Secretary to enter into 
                        any cooperative agreement under clause (i) not 
                        later than 180 days after the date of 
                        submission of the interstate action plan under 
                        subparagraph (A).
                    (C) Matching funds.--
                            (i) In general.--Subject to clause (ii), 
                        for each fiscal year, the United States Fish 
                        and Wildlife Service shall provide funds to 
                        carry out an interstate action plan through a 
                        cooperative agreement under subparagraph (B) in 
                        the amount of funds provided by the applicable 
                        States.
                            (ii) Limitation.--The amount provided by 
                        the United State Fish and Wildlife Service 
                        under clause (i) for a fiscal year shall be not 
                        greater than $5,000,000.
            (9) Reports.--Not later than September 30 of the first full 
        fiscal year after the date on which the first members of the 
        Task Force are appointed, and each September 30 thereafter, the 
        Task Force shall submit to the Secretary, and the heads of the 
        State agencies with jurisdiction over wildlife disease and 
        farmed cervid regulation of each State with a representatives 
        on the Task Force, a report describing--
                    (A) progress on the implementation of actions 
                identified in the interstate action plan submitted 
                under paragraph (8)(A), including the efficacy of 
                funding under the cooperative agreement entered into 
                under paragraph (8)(B);
                    (B) updated resource requirements that are needed 
                to reduce and eliminate chronic wasting disease in the 
                United States;
                    (C) any relevant updates to the recommended best 
                management practices included in the interstate action 
                plan submitted under paragraph (8)(B) to reduce or 
                eliminate chronic wasting disease;
                    (D) new research findings and emerging research 
                needs relating to chronic wasting disease; and
                    (E) any other relevant information.
    (c) Chronic Wasting Disease Transmission in Cervidae Resource 
Study.--
            (1) Definitions.--In this subsection:
                    (A) Academy.--The term ``Academy'' means the 
                National Academy of Sciences.
                    (B) Cervid.--The term ``cervid'' means any species 
                within the family Cervidae.
                    (C) Secretaries.--The term ``Secretaries'' means 
                the Secretary of Agriculture, acting through the 
                Administrator of the Animal and Plant Health Inspection 
                Service, and the Secretary of the Interior, acting 
                through the Director of the United States Geological 
                Survey, acting jointly.
            (2) Study.--
                    (A) In general.--The Secretaries shall enter into 
                an arrangement with the Academy under which the Academy 
                shall conduct, and submit to the Secretaries a report 
                describing the findings of, a special resource study to 
                identify the predominant pathways and mechanisms of the 
                transmission of chronic wasting disease in wild, 
                captive, and farmed populations of cervids in the 
                United States.
                    (B) Requirements.--The arrangement under 
                subparagraph (A) shall provide that the actual expenses 
                incurred by the Academy in conducting the study under 
                subparagraph (A) shall be paid by the Secretaries, 
                subject to the availability of appropriations.
            (3) Contents of the study.--The study under paragraph (2) 
        shall--
                    (A) with respect to wild, captive, and farmed 
                populations of cervids in the United States, identify--
                            (i)(I) the pathways and mechanisms for the 
                        transmission of chronic wasting disease within 
                        live cervid populations and cervid products, 
                        which may include pathways and mechanisms for 
                        transmission from Canada;
                            (II) the infection rates for each pathway 
                        and mechanism identified under subclause (I); 
                        and
                            (III) the relative frequency of 
                        transmission of each pathway and mechanism 
                        identified under subclause (I);
                            (ii)(I) anthropogenic and environmental 
                        factors contributing to new chronic wasting 
                        disease emergence events;
                            (II) the development of geographical areas 
                        with increased chronic wasting disease 
                        prevalence; and
                            (III) the overall geographical patterns of 
                        chronic wasting disease distribution;
                            (iii) significant gaps in current 
                        scientific knowledge regarding the transmission 
                        pathways and mechanisms identified under clause 
                        (i)(I) and potential prevention, detection, and 
                        control methods identified under clause (v);
                            (iv) for prioritization the scientific 
                        research projects that will address the 
                        knowledge gaps identified under clause (iii), 
                        based on the likelihood that a project will 
                        contribute significantly to the prevention or 
                        control of chronic wasting disease; and
                            (v) potential prevention, detection, or 
                        control measures, practices, or technologies to 
                        be used to mitigate the transmission and spread 
                        of chronic wasting disease in wild, captive, 
                        and farmed populations of cervids in the United 
                        States;
                    (B) assess the effectiveness of the potential 
                prevention, detection, or control measures, practices, 
                or technologies identified under subparagraph (A)(v); 
                and
                    (C) review and compare science-based best 
                practices, standards, and guidance regarding the 
                prevention, detection, and management of chronic 
                wasting disease in wild, captive, and farmed 
                populations of cervids in the United States that have 
                been developed by--
                            (i) the National Chronic Wasting Disease 
                        Herd Certification Program of the Animal and 
                        Plant Health Inspection Service;
                            (ii) the United States Geological Survey;
                            (iii) State wildlife and agricultural 
                        agencies, in the case of practices, standards, 
                        and guidance that provide practical, science-
                        based recommendations to State and Federal 
                        agencies for minimizing or eliminating the risk 
                        of transmission of chronic wasting disease in 
                        the United States; and
                            (iv) industry or academia, in the case of 
                        any published guidance on practices that 
                        provide practical, science-based 
                        recommendations to cervid producers for 
                        minimizing or eliminating the risk of 
                        transmission of chronic wasting disease within 
                        or between herds.
            (4) Deadline.--The study under paragraph (2) shall be 
        completed not later than 180 days after the date on which funds 
        are first made available for the study.
            (5) Data sharing.--The Secretaries shall share with the 
        Academy, as necessary to conduct the study under paragraph (2), 
        subject to the avoidance of a violation of a privacy or 
        confidentiality requirement and the protection of confidential 
        or privileged commercial, financial, or proprietary 
        information, data and access to databases on chronic wasting 
        disease under the jurisdiction of--
                    (A) the Veterinary Services Program of the Animal 
                and Plant Health Inspection Service; and
                    (B) the United States Geological Survey.
            (6) Report.--Not later than 60 days after the date of 
        completion of the study, the Secretaries shall submit to the 
        Committee on Agriculture, Nutrition, and Forestry, the 
        Committee on Energy and Natural Resources, and the Committee on 
        Environment and Public Works of the Senate and the Committee on 
        Agriculture and the Committee on Natural Resources of the House 
        of Representatives a report that describes--
                    (A) the findings of the study; and
                    (B) any conclusions and recommendations that the 
                Secretaries determine to be appropriate.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) for the period of fiscal years 2021 through 2025, 
        $5,000,000 to the Secretary of the Interior, acting through the 
        Director of the United States Fish and Wildlife Service, to 
        carry out administrative activities under subsection (b);
            (2) for fiscal year 2021, $1,200,000 to the Secretary of 
        the Interior, acting through the Director of the United States 
        Geological Survey, to carry out activities to fund research 
        under subsection (c); and
            (3) for fiscal year 2021, $1,200,000 to the Secretary of 
        Agriculture, acting through the Administrator of the Animal and 
        Plant Health Inspection Service, to carry out activities to 
        fund research under subsection (c).

SEC. 105. INVASIVE SPECIES.

    Section 10 of the Fish and Wildlife Coordination Act (16 U.S.C. 
666c-1) is amended--
            (1) in subsection (c)(2)--
                    (A) in subparagraph (A)--
                            (i) by redesignating clauses (i) and (ii) 
                        as clauses (ii) and (iii), respectively; and
                            (ii) by inserting before clause (ii) (as so 
                        redesignated) the following:
                            ``(i) relevant Federal agencies;'';
                    (B) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (C) and (D), respectively; and
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) in consultation with stakeholders, including 
                nongovernmental organizations and industry;''; and
            (2) by adding at the end the following:
    ``(p) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section for each of fiscal years 2021 
through 2025--
            ``(1) $2,500,000 to the Secretary of the Army, acting 
        through the Chief of Engineers; and
            ``(2) $2,500,000 to the Secretary of the Interior.''.

SEC. 106. NORTH AMERICAN WETLANDS CONSERVATION ACT.

    Section 7(c) of the North American Wetlands Conservation Act (16 
U.S.C. 4406(c)) is amended by striking ``not to exceed--'' in the 
matter preceding paragraph (1) and all that follows through paragraph 
(5) and inserting ``not to exceed $60,000,000 for each of fiscal years 
2021 through 2025.''.

SEC. 107. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT.

    (a) Board of Directors of Foundation.--
            (1) In general.--Section 3 of the National Fish and 
        Wildlife Foundation Establishment Act (16 U.S.C. 3702) is 
        amended--
                    (A) in subsection (b)--
                            (i) by striking paragraph (2) and inserting 
                        the following:
            ``(2) Appointment of directors.--After consulting with the 
        Secretary of Commerce and considering the recommendations 
        submitted by the Board, the Secretary of the Interior shall 
        appoint 28 Directors who, to the maximum extent practicable, 
        shall--
                    ``(A) be knowledgeable and experienced in matters 
                relating to the conservation of fish, wildlife, or 
                other natural resources; and
                    ``(B) represent a balance of expertise in ocean, 
                coastal, freshwater, and terrestrial resource 
                conservation.''; and
                            (ii) by striking paragraph (3) and 
                        inserting the following:
            ``(3) Terms.--Each Director (other than a Director 
        described in paragraph (1)) shall be appointed for a term of 6 
        years.''; and
                    (B) in subsection (g)(2)--
                            (i) in subparagraph (A), by striking ``(A) 
                        Officers and employees may not be appointed 
                        until the Foundation has sufficient funds to 
                        pay them for their service. Officers'' and 
                        inserting the following:
                    ``(A) In general.--Officers''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Executive director.--The Foundation shall 
                have an Executive Director who shall be--
                            ``(i) appointed by, and serve at the 
                        direction of, the Board as the chief executive 
                        officer of the Foundation; and
                            ``(ii) knowledgeable and experienced in 
                        matters relating to fish and wildlife 
                        conservation.''.
            (2) Conforming amendment.--Section 4(a)(1)(B) of the North 
        American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) is 
        amended by striking ``Secretary of the Board'' and inserting 
        ``Executive Director of the Board''.
    (b) Rights and Obligations of Foundation.--Section 4 of the 
National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
3703) is amended--
            (1) in subsection (c)--
                    (A) by striking ``(c) Powers.--To carry out its 
                purposes under'' and inserting the following:
    ``(c) Powers.--
            ``(1) In general.--To carry out the purposes described 
        in'';
                    (B) by redesignating paragraphs (1) through (11) as 
                subparagraphs (A) through (K), respectively, and 
                indenting appropriately;
                    (C) in subparagraph (D) (as redesignated by 
                subparagraph (B)), by striking ``that are insured by an 
                agency or instrumentality of the United States'' and 
                inserting ``at 1 or more financial institutions that 
                are members of the Federal Deposit Insurance 
                Corporation or the Securities Investment Protection 
                Corporation'';
                    (D) in subparagraph (E) (as redesignated by 
                subparagraph (B)), by striking ``paragraph (3) or (4)'' 
                and inserting ``subparagraph (C) or (D)'';
                    (E) in subparagraph (J) (as redesignated by 
                subparagraph (B)), by striking ``and'' at the end;
                    (F) by striking subparagraph (K) (as redesignated 
                by subparagraph (B)) and inserting the following:
                    ``(K) to receive and administer restitution and 
                community service payments, amounts for mitigation of 
                impacts to natural resources, and other amounts arising 
                from legal, regulatory, or administrative proceedings, 
                subject to the condition that the amounts are received 
                or administered for purposes that further the 
                conservation and management of fish, wildlife, plants, 
                and other natural resources; and
                    ``(L) to do acts necessary to carry out the 
                purposes of the Foundation.''; and
                    (G) by striking the undesignated matter at the end 
                and inserting the following:
            ``(2) Treatment of real property.--
                    ``(A) In general.--For purposes of this Act, an 
                interest in real property shall be treated as including 
                easements or other rights for preservation, 
                conservation, protection, or enhancement by and for the 
                public of natural, scenic, historic, scientific, 
                educational, inspirational, or recreational resources.
                    ``(B) Encumbered real property.--A gift, devise, or 
                bequest may be accepted by the Foundation even though 
                the gift, devise, or bequest is encumbered, restricted, 
                or subject to beneficial interests of private persons 
                if any current or future interest in the gift, devise, 
                or bequest is for the benefit of the Foundation.
            ``(3) Savings clause.--The acceptance and administration of 
        amounts by the Foundation under paragraph (1)(K) does not 
        alter, supersede, or limit any regulatory or statutory 
        requirement associated with those amounts.'';
            (2) by striking subsections (f) and (g); and
            (3) by redesignating subsections (h) and (i) as subsections 
        (f) and (g), respectively.
    (c) Authorization of Appropriations.--Section 10 of the National 
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is 
amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this Act for each of fiscal years 2021 through 
        2025--
                    ``(A) $15,000,000 to the Secretary of the Interior;
                    ``(B) $5,000,000 to the Secretary of Agriculture; 
                and
                    ``(C) $5,000,000 to the Secretary of Commerce.'';
            (2) in subsection (b)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) Amounts from federal agencies.--
                    ``(A) In general.--In addition to the amounts 
                authorized to be appropriated under subsection (a), 
                Federal departments, agencies, or instrumentalities are 
                authorized to provide funds to the Foundation through 
                Federal financial assistance grants and cooperative 
                agreements, subject to the condition that the amounts 
                are used for purposes that further the conservation and 
                management of fish, wildlife, plants, and other natural 
                resources in accordance with this Act.
                    ``(B) Advances.--Federal departments, agencies, or 
                instrumentalities may advance amounts described in 
                subparagraph (A) to the Foundation in a lump sum 
                without regard to when the expenses for which the 
                amounts are used are incurred.
                    ``(C) Management fees.--The Foundation may assess 
                and collect fees for the management of amounts received 
                under this paragraph.'';
                    (B) in paragraph (2)--
                            (i) in the paragraph heading, by striking 
                        ``funds'' and inserting ``amounts'';
                            (ii) by striking ``shall be used'' and 
                        inserting ``may be used''; and
                            (iii) by striking ``and State and local 
                        government agencies'' and inserting ``, State 
                        and local government agencies, and other 
                        entities''; and
                    (C) by adding at the end the following:
            ``(3) Administration of amounts.--
                    ``(A) In general.--In entering into contracts, 
                agreements, or other partnerships pursuant to this Act, 
                a Federal department, agency, or instrumentality shall 
                have discretion to waive any competitive process 
                applicable to the department, agency, or 
                instrumentality for entering into contracts, 
                agreements, or partnerships with the Foundation if the 
                purpose of the waiver is--
                            ``(i) to address an environmental emergency 
                        resulting from a natural or other disaster; or
                            ``(ii) as determined by the head of the 
                        applicable Federal department, agency, or 
                        instrumentality, to reduce administrative 
                        expenses and expedite the conservation and 
                        management of fish, wildlife, plants, and other 
                        natural resources.
                    ``(B) Reports.--The Foundation shall include in the 
                annual report submitted under section 7(b) a 
                description of any use of the authority under 
                subparagraph (A) by a Federal department, agency, or 
                instrumentality in that fiscal year.''; and
            (3) by adding at the end the following:
    ``(d) Use of Gifts, Devises, or Bequests of Money or Other 
Property.--Any gifts, devises, or bequests of amounts or other 
property, or any other amounts or other property, transferred to, 
deposited with, or otherwise in the possession of the Foundation 
pursuant to this Act, may be made available by the Foundation to 
Federal departments, agencies, or instrumentalities and may be accepted 
and expended (or the disposition of the amounts or property directed), 
without further appropriation, by those Federal departments, agencies, 
or instrumentalities, subject to the condition that the amounts or 
property be used for purposes that further the conservation and 
management of fish, wildlife, plants, and other natural resources.''.
    (d) Limitation on Authority.--Section 11 of the National Fish and 
Wildlife Foundation Establishment Act (16 U.S.C. 3710) is amended by 
inserting ``exclusive'' before ``authority''.

SEC. 108. MODIFICATION OF DEFINITION OF SPORT FISHING EQUIPMENT UNDER 
              TOXIC SUBSTANCES CONTROL ACT.

    Section 3(2)(B) of the Toxic Substances Control Act (15 U.S.C. 
2602(2)(B)) is amended--
            (1) in clause (v), by striking ``and'' at the end;
            (2) in clause (vi) by striking the period at the end and 
        inserting ``, and''; and
            (3) by inserting after clause (vi) the following:
            ``(vii) any sport fishing equipment (as such term is 
        defined in section 4162(a) of the Internal Revenue Code of 
        1986) the sale of which is subject to the tax imposed by 
        section 4161(a) of such Code (determined without regard to any 
        exemptions from such tax provided by section 4162 or 4221 or 
        any other provision of such Code), and sport fishing equipment 
        components.''.

SEC. 109. REAUTHORIZATION OF CHESAPEAKE BAY PROGRAM.

    Section 117 of the Federal Water Pollution Control Act (33 U.S.C. 
1267) is amended by striking subsection (j) and inserting the 
following:
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) for fiscal year 2020, $90,000,000;
            ``(2) for fiscal year 2021, $90,500,000;
            ``(3) for fiscal year 2022, $91,000,000;
            ``(4) for fiscal year 2023, $91,500,000; and
            ``(5) for fiscal year 2024, $92,000,000.''.

SEC. 110. REAUTHORIZATION OF CHESAPEAKE BAY INITIATIVE ACT OF 1998.

    Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (Public 
Law 105-312; 112 Stat. 2963; 129 Stat. 2579; 132 Stat. 691) is amended 
by striking ``2019'' and inserting ``2025''.

SEC. 111. CHESAPEAKE WATERSHED INVESTMENTS FOR LANDSCAPE DEFENSE.

    (a) Definitions.--In this section:
            (1) Chesapeake bay agreements.--The term ``Chesapeake Bay 
        agreements'' means the formal, voluntary agreements--
                    (A) executed to achieve the goal of restoring and 
                protecting the Chesapeake Bay watershed ecosystem and 
                the living resources of the Chesapeake Bay watershed 
                ecosystem; and
                    (B) signed by the Chesapeake Executive Council.
            (2) Chesapeake bay program.--The term ``Chesapeake Bay 
        program'' means the program directed by the Chesapeake 
        Executive Council in accordance with the Chesapeake Bay 
        agreements.
            (3) Chesapeake bay watershed.--The term ``Chesapeake Bay 
        watershed'' means the region that covers--
                    (A) the Chesapeake Bay;
                    (B) the portions of the States of Delaware, 
                Maryland, New York, Pennsylvania, Virginia, and West 
                Virginia that drain into the Chesapeake Bay; and
                    (C) the District of Columbia.
            (4) Chesapeake executive council.--The term ``Chesapeake 
        Executive Council'' means the council comprised of--
                    (A) the Governors of each of the States of 
                Delaware, Maryland, New York, Pennsylvania, Virginia, 
                and West Virginia;
                    (B) the Mayor of the District of Columbia;
                    (C) the Chair of the Chesapeake Bay Commission; and
                    (D) the Administrator of the Environmental 
                Protection Agency.
            (5) Chesapeake wild program.--The term ``Chesapeake WILD 
        program'' means the nonregulatory program established by the 
        Secretary under subsection (b)(1).
            (6) Grant program.--The term ``grant program'' means the 
        Chesapeake Watershed Investments for Landscape Defense grant 
        program established by the Secretary under subsection (c)(1).
            (7) Restoration and protection activity.--The term 
        ``restoration and protection activity'' means an activity 
        carried out for the conservation, stewardship, and enhancement 
        of habitat for fish and wildlife--
                    (A) to preserve and improve ecosystems and 
                ecological processes on which the fish and wildlife 
                depend; and
                    (B) for use and enjoyment by the public.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Fish and Wildlife Service.
    (b) Program Establishment.--
            (1) Establishment.--Not later than 180 days after the date 
        of enactment of this Act, the Secretary shall establish a 
        nonregulatory program, to be known as the ``Chesapeake 
        Watershed Investments for Landscape Defense program''.
            (2) Purposes.--The purposes of the Chesapeake WILD program 
        include--
                    (A) coordinating restoration and protection 
                activities among Federal, State, local, and regional 
                entities and conservation partners throughout the 
                Chesapeake Bay watershed;
                    (B) engaging other agencies and organizations to 
                build a broader range of partner support, capacity, and 
                potential funding for projects in the Chesapeake Bay 
                watershed;
                    (C) carrying out coordinated restoration and 
                protection activities, and providing for technical 
                assistance, throughout the Chesapeake Bay watershed--
                            (i) to sustain and enhance restoration and 
                        protection activities;
                            (ii) to improve and maintain water quality 
                        to support fish and wildlife, habitats of fish 
                        and wildlife, and drinking water for people;
                            (iii) to sustain and enhance water 
                        management for volume and flood damage 
                        mitigation improvements to benefit fish and 
                        wildlife habitat;
                            (iv) to improve opportunities for public 
                        access and recreation in the Chesapeake Bay 
                        watershed consistent with the ecological needs 
                        of fish and wildlife habitat;
                            (v) to facilitate strategic planning to 
                        maximize the resilience of natural ecosystems 
                        and habitats under changing watershed 
                        conditions;
                            (vi) to engage the public through outreach, 
                        education, and citizen involvement to increase 
                        capacity and support for coordinated 
                        restoration and protection activities in the 
                        Chesapeake Bay watershed;
                            (vii) to sustain and enhance vulnerable 
                        communities and fish and wildlife habitat;
                            (viii) to conserve and restore fish, 
                        wildlife, and plant corridors; and
                            (ix) to increase scientific capacity to 
                        support the planning, monitoring, and research 
                        activities necessary to carry out coordinated 
                        restoration and protection activities.
            (3) Duties.--In carrying out the Chesapeake WILD program, 
        the Secretary shall--
                    (A) draw on existing plans for the Chesapeake Bay 
                watershed, or portions of the Chesapeake Bay watershed, 
                including the Chesapeake Bay agreements, and work in 
                consultation with applicable management entities, 
                including Chesapeake Bay program partners, such as the 
                Federal Government, State and local governments, the 
                Chesapeake Bay Commission, and other regional 
                organizations, as appropriate, to identify, prioritize, 
                and implement restoration and protection activities 
                within the Chesapeake Bay watershed;
                    (B) adopt a Chesapeake Bay watershed-wide strategy 
                that--
                            (i) supports the implementation of a shared 
                        set of science-based restoration and protection 
                        activities developed in accordance with 
                        subparagraph (A); and
                            (ii) targets cost-effective projects with 
                        measurable results; and
                    (C) establish the grant program in accordance with 
                subsection (c).
            (4) Coordination.--In establishing the Chesapeake WILD 
        program, the Secretary shall consult, as appropriate, with--
                    (A) the heads of Federal agencies, including--
                            (i) the Administrator of the Environmental 
                        Protection Agency;
                            (ii) the Administrator of the National 
                        Oceanic and Atmospheric Administration;
                            (iii) the Chief of the Natural Resources 
                        Conservation Service;
                            (iv) the Chief of Engineers;
                            (v) the Director of the United States 
                        Geological Survey;
                            (vi) the Secretary of Transportation;
                            (vii) the Chief of the Forest Service; and
                            (viii) the head of any other applicable 
                        agency;
                    (B) the Governors of each of the States of 
                Delaware, Maryland, New York, Pennsylvania, Virginia, 
                and West Virginia and the Mayor of the District of 
                Columbia;
                    (C) fish and wildlife joint venture partnerships; 
                and
                    (D) other public agencies and organizations with 
                authority for the planning and implementation of 
                conservation strategies in the Chesapeake Bay 
                watershed.
    (c) Grants and Technical Assistance.--
            (1) Chesapeake wild grant program.--To the extent that 
        funds are made available to carry out this subsection, the 
        Secretary shall establish and carry out, as part of the 
        Chesapeake WILD program, a voluntary grant and technical 
        assistance program, to be known as the ``Chesapeake Watershed 
        Investments for Landscape Defense grant program'', to provide 
        competitive matching grants of varying amounts and technical 
        assistance to eligible entities described in paragraph (2) to 
        carry out activities described in subsection (b)(2).
            (2) Eligible entities.--The following entities are eligible 
        to receive a grant and technical assistance under the grant 
        program:
                    (A) A State.
                    (B) The District of Columbia.
                    (C) A unit of local government.
                    (D) A nonprofit organization.
                    (E) An institution of higher education.
                    (F) Any other entity that the Secretary determines 
                to be appropriate in accordance with the criteria 
                established under paragraph (3).
            (3) Criteria.--The Secretary, in consultation with 
        officials and entities described in subsection (b)(4), shall 
        establish criteria for the grant program to help ensure that 
        activities funded under this subsection--
                    (A) accomplish 1 or more of the purposes described 
                in subsection (b)(2); and
                    (B) advance the implementation of priority actions 
                or needs identified in the Chesapeake Bay watershed-
                wide strategy adopted under subsection (b)(3)(B).
            (4) Cost sharing.--
                    (A) Department of the interior share.--The 
                Department of the Interior share of the cost of a 
                project funded under the grant program shall not exceed 
                50 percent of the total cost of the project, as 
                determined by the Secretary.
                    (B) Non-department of the interior share.--
                            (i) In general.--The non-Department of the 
                        Interior share of the cost of a project funded 
                        under the grant program may be provided in cash 
                        or in the form of an in-kind contribution of 
                        services or materials.
                            (ii) Other federal funding.--Non-Department 
                        of the Interior Federal funds may be used for 
                        not more than 25 percent of the total cost of a 
                        project funded under the grant program.
            (5) Administration.--The Secretary may enter into an 
        agreement to manage the grant program with an organization that 
        offers grant management services.
    (d) Reporting.--Not later than 180 days after the date of enactment 
of this Act, and annually thereafter, the Secretary shall submit to 
Congress a report describing the implementation of this section, 
including a description of each project that has received funding under 
this section.
    (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $15,000,000 for each of fiscal years 
        2021 through 2025.
            (2) Supplement, not supplant.--Funds made available under 
        paragraph (1) shall supplement, and not supplant, funding for 
        other activities conducted by the Secretary in the Chesapeake 
        Bay watershed.

   TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS

SEC. 201. PURPOSE.

    The purpose of this title is to encourage partnerships among public 
agencies and other interested persons to promote fish conservation--
            (1) to achieve measurable habitat conservation results 
        through strategic actions of Fish Habitat Partnerships that 
        lead to better fish habitat conditions and increased fishing 
        opportunities by--
                    (A) improving ecological conditions;
                    (B) restoring natural processes; or
                    (C) preventing the decline of intact and healthy 
                systems;
            (2) to establish a consensus set of national conservation 
        strategies as a framework to guide future actions and 
        investment by Fish Habitat Partnerships;
            (3) to broaden the community of support for fish habitat 
        conservation by--
                    (A) increasing fishing opportunities;
                    (B) fostering the participation of local 
                communities, especially young people in local 
                communities, in conservation activities; and
                    (C) raising public awareness of the role healthy 
                fish habitat play in the quality of life and economic 
                well-being of local communities;
            (4) to fill gaps in the National Fish Habitat Assessment 
        and the associated database of the National Fish Habitat 
        Assessment--
                    (A) to empower strategic conservation actions 
                supported by broadly available scientific information; 
                and
                    (B) to integrate socioeconomic data in the analysis 
                to improve the lives of humans in a manner consistent 
                with fish habitat conservation goals; and
            (5) to communicate to the public and conservation 
        partners--
                    (A) the conservation outcomes produced collectively 
                by Fish Habitat Partnerships; and
                    (B) new opportunities and voluntary approaches for 
                conserving fish habitat.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation and the Committee on Environment and 
                Public Works of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Board.--The term ``Board'' means the National Fish 
        Habitat Board established by section 203.
            (3) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (4) Environmental protection agency assistant 
        administrator.--The term ``Environmental Protection Agency 
        Assistant Administrator'' means the Assistant Administrator for 
        Water of the Environmental Protection Agency.
            (5) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given to the term ``Indian tribe'' in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).
            (6) National oceanic and atmospheric administration 
        assistant administrator.--The term ``National Oceanic and 
        Atmospheric Administration Assistant Administrator'' means the 
        Assistant Administrator for Fisheries of the National Oceanic 
        and Atmospheric Administration.
            (7) Partnership.--The term ``Partnership'' means an entity 
        designated by Congress as a Fish Habitat Partnership under 
        section 204.
            (8) Real property interest.--The term ``real property 
        interest'' means an ownership interest in--
                    (A) land; or
                    (B) water (including water rights).
            (9) Marine fisheries commissions.--The term ``Marine 
        Fisheries Commissions'' means--
                    (A) the Atlantic States Marine Fisheries 
                Commission;
                    (B) the Gulf States Marine Fisheries Commission; 
                and
                    (C) the Pacific States Marine Commission.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (11) State.--The term ``State'' means each of the several 
        States, Puerto Rico, American Samoa, Guam, the Northern Mariana 
        Islands, the United States Virgin Islands, and the District of 
        Columbia.
            (12) State agency.--The term ``State agency'' means--
                    (A) the fish and wildlife agency of a State; and
                    (B) any department or division of a department or 
                agency of a State that manages in the public trust the 
                inland or marine fishery resources of the State or 
                sustains the habitat for those fishery resources 
                pursuant to State law or the constitution of the State.

SEC. 203. NATIONAL FISH HABITAT BOARD.

    (a) Establishment.--
            (1) Fish habitat board.--There is established a board, to 
        be known as the ``National Fish Habitat Board'', whose duties 
        are--
                    (A) to promote, oversee, and coordinate the 
                implementation of this title;
                    (B) to establish national goals and priorities for 
                fish habitat conservation;
                    (C) to recommend to Congress entities for 
                designation as Partnerships; and
                    (D) to review and make recommendations regarding 
                fish habitat conservation projects.
            (2) Membership.--The Board shall be composed of 26 members, 
        of whom--
                    (A) one shall be a representative of the Department 
                of the Interior;
                    (B) one shall be a representative of the United 
                States Geological Survey;
                    (C) one shall be a representative of the Department 
                of Commerce;
                    (D) one shall be a representative of the Department 
                of Agriculture;
                    (E) one shall be a representative of the 
                Association of Fish and Wildlife Agencies;
                    (F) four shall be representatives of State 
                agencies, one of whom shall be nominated by a regional 
                association of fish and wildlife agencies from each of 
                the Northeast, Southeast, Midwest, and Western regions 
                of the United States;
                    (G) two shall be representatives of either--
                            (i) Indian Tribes in the State of Alaska; 
                        or
                            (ii) Indian Tribes in States other than the 
                        State of Alaska;
                    (H) one shall be a representative of either--
                            (i) the Regional Fishery Management 
                        Councils established under section 302 of the 
                        Magnuson-Stevens Fishery Conservation and 
                        Management Act (16 U.S.C. 1852); or
                            (ii) a representative of the Marine 
                        Fisheries Commissions;
                    (I) one shall be a representative of the 
                Sportfishing and Boating Partnership Council;
                    (J) seven shall be representatives selected from at 
                least one from each of the following:
                            (i) the recreational sportfishing industry;
                            (ii) the commercial fishing industry;
                            (iii) marine recreational anglers;
                            (iv) freshwater recreational anglers;
                            (v) habitat conservation organizations; and
                            (vi) science-based fishery organizations;
                    (K) one shall be a representative of a national 
                private landowner organization;
                    (L) one shall be a representative of an 
                agricultural production organization;
                    (M) one shall be a representative of local 
                government interests involved in fish habitat 
                restoration;
                    (N) two shall be representatives from different 
                sectors of corporate industries, which may include--
                            (i) natural resource commodity interests, 
                        such as petroleum or mineral extraction;
                            (ii) natural resource user industries; and
                            (iii) industries with an interest in fish 
                        and fish habitat conservation; and
                    (O) one shall be a leadership private sector or 
                landowner representative of an active partnership.
            (3) Compensation.--A member of the Board shall serve 
        without compensation.
            (4) Travel expenses.--A member of the Board may be allowed 
        travel expenses, including per diem in lieu of subsistence, at 
        rates authorized for an employee of an agency under subchapter 
        I of chapter 57 of title 5, United States Code, while away from 
        the home or regular place of business of the member in the 
        performance of the duties of the Board.
    (b) Appointment and Terms.--
            (1) In general.--Except as otherwise provided in this 
        section, a member of the Board described in any of 
        subparagraphs (F) through (O) of subsection (a)(2) shall serve 
        for a term of 3 years.
            (2) Initial board membership.--
                    (A) In general.--The initial Board shall consist of 
                representatives as described in subparagraphs (A) 
                through (F) of subsection (a)(2).
                    (B) Remaining members.--Not later than 60 days 
                after the date of enactment of this Act, the 
                representatives of the initial Board under subparagraph 
                (A) shall appoint the remaining members of the Board 
                described in subparagraphs (H) through (O) of 
                subsection (a)(2).
                    (C) Tribal representatives.--Not later than 60 days 
                after the enactment of this Act, the Secretary shall 
                provide to the Board a recommendation of not fewer than 
                three Tribal representatives, from which the Board 
                shall appoint one representative pursuant to 
                subparagraph (G) of subsection (a)(2).
            (3) Staggered terms.--Of the members described in 
        subsection (a)(2)(J) initially appointed to the Board--
                    (A) two shall be appointed for a term of 1 year;
                    (B) two shall be appointed for a term of 2 years; 
                and
                    (C) three shall be appointed for a term of 3 years.
            (4) Vacancies.--
                    (A) In general.--A vacancy of a member of the Board 
                described in subparagraph (H), (I), (J), (K), (L), (M), 
                (N), or (O) of subsection (a)(2) shall be filled by an 
                appointment made by the remaining members of the Board.
                    (B) Tribal representatives.--Following a vacancy of 
                a member of the Board described in subparagraph (G) of 
                subsection (a)(2), the Secretary shall recommend to the 
                Board a list of not fewer than three Tribal 
                representatives, from which the remaining members of 
                the Board shall appoint a representative to fill the 
                vacancy.
            (5) Continuation of service.--An individual whose term of 
        service as a member of the Board expires may continue to serve 
        on the Board until a successor is appointed.
            (6) Removal.--If a member of the Board described in any of 
        subparagraphs (H) through (O) of subparagraph (a)(2) misses 
        three consecutive regularly scheduled Board meetings, the 
        members of the Board may--
                    (A) vote to remove that member; and
                    (B) appoint another individual in accordance with 
                paragraph (4).
    (c) Chairperson.--
            (1) In general.--The representative of the Association of 
        Fish and Wildlife Agencies appointed under subsection (a)(2)(E) 
        shall serve as Chairperson of the Board.
            (2) Term.--The Chairperson of the Board shall serve for a 
        term of 3 years.
    (d) Meetings.--
            (1) In general.--The Board shall meet--
                    (A) at the call of the Chairperson; but
                    (B) not less frequently than twice each calendar 
                year.
            (2) Public access.--All meetings of the Board shall be open 
        to the public.
    (e) Procedures.--
            (1) In general.--The Board shall establish procedures to 
        carry out the business of the Board, including--
                    (A) a requirement that a quorum of the members of 
                the Board be present to transact business;
                    (B) a requirement that no recommendations may be 
                adopted by the Board, except by the vote of two-thirds 
                of all members;
                    (C) procedures for establishing national goals and 
                priorities for fish habitat conservation for the 
                purposes of this title;
                    (D) procedures for designating Partnerships under 
                section 204; and
                    (E) procedures for reviewing, evaluating, and 
                making recommendations regarding fish habitat 
                conservation projects.
            (2) Quorum.--A majority of the members of the Board shall 
        constitute a quorum.

SEC. 204. FISH HABITAT PARTNERSHIPS.

    (a) Authority To Recommend.--The Board may recommend to Congress 
the designation of Fish Habitat Partnerships in accordance with this 
section.
    (b) Purposes.--The purposes of a Partnership shall be--
            (1) to work with other regional habitat conservation 
        programs to promote cooperation and coordination to enhance 
        fish populations and fish habitats;
            (2) to engage local and regional communities to build 
        support for fish habitat conservation;
            (3) to involve diverse groups of public and private 
        partners;
            (4) to develop collaboratively a strategic vision and 
        achievable implementation plan that is scientifically sound;
            (5) to leverage funding from sources that support local and 
        regional partnerships;
            (6) to use adaptive management principles, including 
        evaluation of project success and functionality;
            (7) to develop appropriate local or regional habitat 
        evaluation and assessment measures and criteria that are 
        compatible with national habitat condition measures; and
            (8) to implement local and regional priority projects that 
        improve conditions for fish and fish habitat.
    (c) Criteria for Designation.--An entity seeking to be designated 
by Congress as a Partnership shall--
            (1) submit to the Board an application at such time, in 
        such manner, and containing such information as the Board may 
        reasonably require; and
            (2) demonstrate to the Board that the entity has--
                    (A) a focus on promoting the health of important 
                fish and fish habitats;
                    (B) an ability to coordinate the implementation of 
                priority projects that support the goals and national 
                priorities set by the Board that are within the 
                Partnership boundary;
                    (C) a self-governance structure that supports the 
                implementation of strategic priorities for fish 
                habitat;
                    (D) the ability to develop local and regional 
                relationships with a broad range of entities to further 
                strategic priorities for fish and fish habitat;
                    (E) a strategic plan that details required 
                investments for fish habitat conservation that 
                addresses the strategic fish habitat priorities of the 
                Partnership and supports and meets the strategic 
                priorities of the Board;
                    (F) the ability to develop and implement fish 
                habitat conservation projects that address strategic 
                priorities of the Partnership and the Board; and
                    (G) the ability to develop fish habitat 
                conservation priorities based on sound science and 
                data, the ability to measure the effectiveness of fish 
                habitat projects of the Partnership, and a clear plan 
                as to how Partnership science and data components will 
                be integrated with the overall Board science and data 
                effort.
    (d) Requirements for Recommendation to Congress.--The Board may 
recommend to Congress for designation an application for a Partnership 
submitted under subsection (c) if the Board determines that the 
applicant--
            (1) meets the criteria described in subsection (c)(2);
            (2) identifies representatives to provide support and 
        technical assistance to the Partnership from a diverse group of 
        public and private partners, which may include State or local 
        governments, nonprofit entities, Indian Tribes, and private 
        individuals, that are focused on conservation of fish habitats 
        to achieve results across jurisdictional boundaries on public 
        and private land;
            (3) is organized to promote the health of important fish 
        species and important fish habitats, including reservoirs, 
        natural lakes, coastal and marine environments, coral reefs, 
        and estuaries;
            (4) identifies strategic fish and fish habitat priorities 
        for the Partnership area in the form of geographical focus 
        areas or key stressors or impairments to facilitate strategic 
        planning and decision making;
            (5) is able to address issues and priorities on a 
        nationally significant scale;
            (6) includes a governance structure that--
                    (A) reflects the range of all partners; and
                    (B) promotes joint strategic planning and decision 
                making by the applicant;
            (7) demonstrates completion of, or significant progress 
        toward the development of, a strategic plan to address declines 
        in fish populations, rather than simply treating symptoms, in 
        accordance with the goals and national priorities established 
        by the Board; and
            (8) promotes collaboration in developing a strategic vision 
        and implementation program that is scientifically sound and 
        achievable.
    (e) Report to Congress.--
            (1) In general.--Not later than February 1 of the first 
        fiscal year beginning after the date of enactment of this Act 
        and each February 1 thereafter, the Board shall develop and 
        submit to the appropriate congressional committees an annual 
        report, to be entitled ``Report to Congress on Future Fish 
        Habitat Partnerships and Modifications'', that--
                    (A) identifies each entity that--
                            (i) meets the requirements described in 
                        subsection (d); and
                            (ii) the Board recommends to Congress for 
                        designation as a Partnership;
                    (B) describes any proposed modifications to a 
                Partnership previously designated by Congress under 
                subsection (f);
                    (C) with respect to each entity recommended for 
                designation as a Partnership, describes, to the maximum 
                extent practicable--
                            (i) the purpose of the recommended 
                        Partnership; and
                            (ii) how the recommended Partnership 
                        fulfills the requirements described in 
                        subsection (d).
            (2) Public availability; notification.--The Board shall--
                    (A) make the report publicly available, including 
                on the internet; and
                    (B) provide to the appropriate congressional 
                committees and the State agency of any State included 
                in a recommended Partnership area written notification 
                of the public availability of the report.
    (f) Designation or Modification of Partnership.--Congress shall 
have the exclusive authority to designate or modify a Partnership.
    (g) Existing Partnerships.--
            (1) Designation review.--Not later than 5 years after the 
        date of enactment of this Act, any partnership receiving 
        Federal funds as of the date of enactment of this Act shall be 
        subject to a designation review by Congress in which Congress 
        shall have the opportunity to designate the partnership under 
        subsection (f).
            (2) Ineligibility for federal funds.--A partnership 
        referred to in paragraph (1) that Congress does not designate 
        as described in that paragraph shall be ineligible to receive 
        Federal funds under this title.

SEC. 205. FISH HABITAT CONSERVATION PROJECTS.

    (a) Submission to Board.--Not later than March 31 of each year, 
each Partnership shall submit to the Board a list of priority fish 
habitat conservation projects recommended by the Partnership for annual 
funding under this title.
    (b) Recommendations by Board.--Not later than July 1 of each year, 
the Board shall submit to the Secretary a priority list of fish habitat 
conservation projects that includes a description, including estimated 
costs, of each project that the Board recommends that the Secretary 
approve and fund under this title for the following fiscal year.
    (c) Criteria for Project Selection.--The Board shall select each 
fish habitat conservation project recommended to the Secretary under 
subsection (b) after taking into consideration, at a minimum, the 
following information:
            (1) A recommendation of the Partnership that is, or will 
        be, participating actively in implementing the fish habitat 
        conservation project.
            (2) The capabilities and experience of project proponents 
        to implement successfully the proposed project.
            (3) The extent to which the fish habitat conservation 
        project--
                    (A) fulfills a local or regional priority that is 
                directly linked to the strategic plan of the 
                Partnership and is consistent with the purpose of this 
                title;
                    (B) addresses the national priorities established 
                by the Board;
                    (C) is supported by the findings of the habitat 
                assessment of the Partnership or the Board, and aligns 
                or is compatible with other conservation plans;
                    (D) identifies appropriate monitoring and 
                evaluation measures and criteria that are compatible 
                with national measures;
                    (E) provides a well-defined budget linked to 
                deliverables and outcomes;
                    (F) leverages other funds to implement the project;
                    (G) addresses the causes and processes behind the 
                decline of fish or fish habitats; and
                    (H) includes an outreach or education component 
                that includes the local or regional community.
            (4) The availability of sufficient non-Federal funds to 
        match Federal contributions for the fish habitat conservation 
        project, as required by subsection (e).
            (5) The extent to which the fish habitat conservation 
        project--
                    (A) will increase fish populations in a manner that 
                leads to recreational fishing opportunities for the 
                public;
                    (B) will be carried out through a cooperative 
                agreement among Federal, State, and local governments, 
                Indian Tribes, and private entities;
                    (C) increases public access to land or water for 
                fish and wildlife-dependent recreational opportunities;
                    (D) advances the conservation of fish and wildlife 
                species that have been identified by a State agency as 
                species of greatest conservation need;
                    (E) where appropriate, advances the conservation of 
                fish and fish habitats under the Magnuson-Stevens 
                Fishery Conservation and Management Act (16 U.S.C. 1801 
                et seq.) and other relevant Federal law and State 
                wildlife action plans; and
                    (F) promotes strong and healthy fish habitats so 
                that desired biological communities are able to persist 
                and adapt.
            (6) The substantiality of the character and design of the 
        fish habitat conservation project.
    (d) Limitations.--
            (1) Requirements for evaluation.--No fish habitat 
        conservation project may be recommended by the Board under 
        subsection (b) or provided financial assistance under this 
        title unless the fish habitat conservation project includes an 
        evaluation plan designed using applicable Board guidance--
                    (A) to appropriately assess the biological, 
                ecological, or other results of the habitat protection, 
                restoration, or enhancement activities carried out 
                using the assistance;
                    (B) to reflect appropriate changes to the fish 
                habitat conservation project if the assessment 
                substantiates that the fish habitat conservation 
                project objectives are not being met;
                    (C) to identify improvements to existing fish 
                populations, recreational fishing opportunities, and 
                the overall economic benefits for the local community 
                of the fish habitat conservation project; and
                    (D) to require the submission to the Board of a 
                report describing the findings of the assessment.
            (2) Acquisition authorities.--
                    (A) In general.--A State, local government, or 
                other non-Federal entity is eligible to receive funds 
                for the acquisition of real property from willing 
                sellers under this title if the acquisition ensures--
                            (i) public access for fish and wildlife-
                        dependent recreation; or
                            (ii) a scientifically based, direct 
                        enhancement to the health of fish and fish 
                        populations, as determined by the Board.
                    (B) State agency approval.--
                            (i) In general.--All real property interest 
                        acquisition projects funded under this title 
                        must be approved by the State agency in the 
                        State in which the project is occurring.
                            (ii) Prohibition.--The Board may not 
                        recommend, and the Secretary may not provide 
                        any funding for, any real property interest 
                        acquisition that has not been approved by the 
                        State agency.
                    (C) Assessment of other authorities.--The Board may 
                not recommend, and the Secretary may not provide any 
                funding under this title for, any real property 
                interest acquisition unless the Partnership that 
                recommended the project has conducted a project 
                assessment, submitted with the funding request and 
                approved by the Board, to demonstrate all other 
                Federal, State, and local authorities for the 
                acquisition of real property have been exhausted.
                    (D) Restrictions.--A real property interest may not 
                be acquired pursuant to a fish habitat conservation 
                project by a State, local government, or other non-
                Federal entity conducted with funds provided under this 
                title, unless--
                            (i) the owner of the real property 
                        authorizes the State, local government, or 
                        other non-Federal entity to acquire the real 
                        property; and
                            (ii) the Secretary and the Board determine 
                        that the State, local government, or other non-
                        Federal entity would benefit from undertaking 
                        the management of the real property being 
                        acquired because that is in accordance with the 
                        goals of a Partnership.
    (e) Non-Federal Contributions.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (4), no fish habitat conservation project may be recommended by 
        the Board under subsection (b) or provided financial assistance 
        under this title unless at least 50 percent of the cost of the 
        fish habitat conservation project will be funded with non-
        Federal funds.
            (2) Non-federal share.--Such non-Federal share of the cost 
        of a fish habitat conservation project--
                    (A) may not be derived from another Federal grant 
                program; and
                    (B) may include in-kind contributions and cash.
            (3) Special rule for indian tribes.--Notwithstanding 
        paragraph (1) or any other provision of law, any funds made 
        available to an Indian Tribe pursuant to this title may be 
        considered to be non-Federal funds for the purpose of paragraph 
        (1).
            (4) Waiver authority.--The Secretary, in consultation with 
        the Secretary of Commerce with respect to marine or estuarine 
        projects, may waive the application of paragraph (2)(A) with 
        respect to a State or an Indian Tribe, or otherwise reduce the 
        portion of the non-Federal share of the cost of an activity 
        required to be paid by a State or an Indian Tribe under 
        paragraph (1), if the Secretary determines that the State or 
        Indian Tribe does not have sufficient funds not derived from 
        another Federal grant program to pay such non-Federal share, or 
        portion of the non-Federal share, without the use of loans.
    (f) Approval.--
            (1) In general.--Not later than 90 days after the date of 
        receipt of the recommended priority list of fish habitat 
        conservation projects under subsection (b), and subject to 
        subsection (d) and based, to the maximum extent practicable, on 
        the criteria described in subsection (c), the Secretary, after 
        consulting with the Secretary of Commerce on marine or 
        estuarine projects, shall approve or reject any fish habitat 
        conservation project recommended by the Board.
            (2) Funding.--If the Secretary approves a fish habitat 
        conservation project under paragraph (1), the Secretary shall 
        use amounts made available to carry out this title to provide 
        funds to carry out the fish habitat conservation project.
            (3) Notification.--If the Secretary rejects under paragraph 
        (1) any fish habitat conservation project recommended by the 
        Board, not later than 90 days after the date of receipt of the 
        recommendation, the Secretary shall provide to the Board, the 
        appropriate Partnership, and the appropriate congressional 
        committees a written statement of the reasons that the 
        Secretary rejected the fish habitat conservation project.

SEC. 206. TECHNICAL AND SCIENTIFIC ASSISTANCE.

    (a) In General.--The Director, the National Oceanic and Atmospheric 
Administration Assistant Administrator, the Environmental Protection 
Agency Assistant Administrator, and the Director of the United States 
Geological Survey, in coordination with the Forest Service and other 
appropriate Federal departments and agencies, may provide scientific 
and technical assistance to Partnerships, participants in fish habitat 
conservation projects, and the Board.
    (b) Inclusions.--Scientific and technical assistance provided under 
subsection (a) may include--
            (1) providing technical and scientific assistance to 
        States, Indian Tribes, regions, local communities, and 
        nongovernmental organizations in the development and 
        implementation of Partnerships;
            (2) providing technical and scientific assistance to 
        Partnerships for habitat assessment, strategic planning, and 
        prioritization;
            (3) supporting the development and implementation of fish 
        habitat conservation projects that are identified as high 
        priorities by Partnerships and the Board;
            (4) supporting and providing recommendations regarding the 
        development of science-based monitoring and assessment 
        approaches for implementation through Partnerships;
            (5) supporting and providing recommendations for a national 
        fish habitat assessment;
            (6) ensuring the availability of experts to assist in 
        conducting scientifically based evaluation and reporting of the 
        results of fish habitat conservation projects; and
            (7) providing resources to secure State agency scientific 
        and technical assistance to support Partnerships, participants 
        in fish habitat conservation projects, and the Board.

SEC. 207. COORDINATION WITH STATES AND INDIAN TRIBES.

    The Secretary shall provide a notice to, and cooperate with, the 
appropriate State agency or Tribal agency, as applicable, of each State 
and Indian Tribe within the boundaries of which an activity is planned 
to be carried out pursuant to this title, including notification, by 
not later than 30 days before the date on which the activity is 
implemented.

SEC. 208. INTERAGENCY OPERATIONAL PLAN.

    Not later than 1 year after the date of enactment of this Act, and 
every 5 years thereafter, the Director, in cooperation with the 
National Oceanic and Atmospheric Administration Assistant 
Administrator, the Environmental Protection Agency Assistant 
Administrator, the Director of the United States Geological Survey, and 
the heads of other appropriate Federal departments and agencies 
(including, at a minimum, those agencies represented on the Board) 
shall develop an interagency operational plan that describes--
            (1) the functional, operational, technical, scientific, and 
        general staff, administrative, and material needs for the 
        implementation of this title; and
            (2) any interagency agreements between or among Federal 
        departments and agencies to address those needs.

SEC. 209. ACCOUNTABILITY AND REPORTING.

    (a) Reporting.--
            (1) In general.--Not later than 5 years after the date of 
        enactment of this Act, and every 5 years thereafter, the Board 
        shall submit to the appropriate congressional committees a 
        report describing the progress of this title.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include--
                    (A) an estimate of the number of acres, stream 
                miles, or acre-feet, or other suitable measures of fish 
                habitat, that was maintained or improved by 
                Partnerships under this title during the 5-year period 
                ending on the date of submission of the report;
                    (B) a description of the public access to fish 
                habitats established or improved under this title 
                during that 5-year period;
                    (C) a description of the improved opportunities for 
                public recreational fishing achieved under this title; 
                and
                    (D) an assessment of the status of fish habitat 
                conservation projects carried out with funds provided 
                under this title during that period, disaggregated by 
                year, including--
                            (i) a description of the fish habitat 
                        conservation projects recommended by the Board 
                        under section 205(b);
                            (ii) a description of each fish habitat 
                        conservation project approved by the Secretary 
                        under section 205(f), in order of priority for 
                        funding;
                            (iii) a justification for--
                                    (I) the approval of each fish 
                                habitat conservation project; and
                                    (II) the order of priority for 
                                funding of each fish habitat 
                                conservation project;
                            (iv) a justification for any rejection of a 
                        fish habitat conservation project recommended 
                        by the Board under section 205(b) that was 
                        based on a factor other than the criteria 
                        described in section 205(c); and
                            (v) an accounting of expenditures by 
                        Federal, State, or local governments, Indian 
                        Tribes, or other entities to carry out fish 
                        habitat conservation projects under this title.
    (b) Status and Trends Report.--Not later than December 31, 2021, 
and every 5 years thereafter, the Board shall submit to the appropriate 
congressional committees a report that includes--
            (1) a status of all Partnerships designated under this 
        title;
            (2) a description of the status of fish habitats in the 
        United States as identified by designated Partnerships; and
            (3) enhancements or reductions in public access as a result 
        of--
                    (A) the activities of the Partnerships; or
                    (B) any other activities carried out pursuant to 
                this title.

SEC. 210. EFFECT OF THIS TITLE.

    (a) Water Rights.--Nothing in this title--
            (1) establishes any express or implied reserved water right 
        in the United States for any purpose;
            (2) affects any water right in existence on the date of 
        enactment of this Act;
            (3) preempts or affects any State water law or interstate 
        compact governing water; or
            (4) affects any Federal or State law in existence on the 
        date of enactment of the Act regarding water quality or water 
        quantity.
    (b) Authority To Acquire Water Rights or Rights to Property.--Only 
a State, local government, or other non-Federal entity may acquire, 
under State law, water rights or rights to property with funds made 
available through section 212.
    (c) State Authority.--Nothing in this title--
            (1) affects the authority, jurisdiction, or responsibility 
        of a State to manage, control, or regulate fish and wildlife 
        under the laws and regulations of the State; or
            (2) authorizes the Secretary to control or regulate within 
        a State the fishing or hunting of fish and wildlife.
    (d) Effect on Indian Tribes.--Nothing in this title abrogates, 
abridges, affects, modifies, supersedes, or alters any right of an 
Indian Tribe recognized by treaty or any other means, including--
            (1) an agreement between the Indian Tribe and the United 
        States;
            (2) Federal law (including regulations);
            (3) an Executive order; or
            (4) a judicial decree.
    (e) Adjudication of Water Rights.--Nothing in this title diminishes 
or affects the ability of the Secretary to join an adjudication of 
rights to the use of water pursuant to subsection (a), (b), or (c) of 
section 208 of the Departments of State, Justice, Commerce, and The 
Judiciary Appropriation Act, 1953 (43 U.S.C. 666).
    (f) Department of Commerce Authority.--Nothing in this title 
affects the authority, jurisdiction, or responsibility of the 
Department of Commerce to manage, control, or regulate fish or fish 
habitats under the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.).
    (g) Effect on Other Authorities.--
            (1) Private property protection.--Nothing in this title 
        permits the use of funds made available to carry out this title 
        to acquire real property or a real property interest without 
        the written consent of each owner of the real property or real 
        property interest, respectively.
            (2) Mitigation.--Nothing in this title authorizes the use 
        of funds made available to carry out this title for fish and 
        wildlife mitigation purposes under--
                    (A) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (B) the Fish and Wildlife Coordination Act (16 
                U.S.C. 661 et seq.);
                    (C) the Water Resources Development Act of 1986 
                (Public Law 99-662; 100 Stat. 4082); or
                    (D) any other Federal law or court settlement.
            (3) Clean water act.--Nothing in this title affects any 
        provision of the Federal Water Pollution Control Act (33 U.S.C. 
        1251 et seq.), including any definition in that Act.

SEC. 211. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to--
            (1) the Board; or
            (2) any Partnership.

SEC. 212. FUNDING.

    (a) Authorization of Appropriations.--
            (1) Fish habitat conservation projects.--There is 
        authorized to be appropriated to the Secretary $7,200,000 for 
        each of fiscal years 2021 through 2025 to provide funds for 
        fish habitat conservation projects approved under section 
        205(f), of which 5 percent is authorized only for projects 
        carried out by Indian Tribes.
            (2) Administrative and planning expenses.--There is 
        authorized to be appropriated to the Secretary for each of 
        fiscal years 2021 through 2025 an amount equal to 5 percent of 
        the amount appropriated for the applicable fiscal year pursuant 
        to paragraph (1)--
                    (A) for administrative and planning expenses under 
                this title; and
                    (B) to carry out section 209.
            (3) Technical and scientific assistance.--There is 
        authorized to be appropriated for each of fiscal years 2021 
        through 2025 to carry out, and provide technical and scientific 
        assistance under, section 206--
                    (A) $400,000 to the Secretary for use by the United 
                States Fish and Wildlife Service;
                    (B) $400,000 to the National Oceanic and 
                Atmospheric Administration Assistant Administrator for 
                use by the National Oceanic and Atmospheric 
                Administration;
                    (C) $400,000 to the Environmental Protection Agency 
                Assistant Administrator for use by the Environmental 
                Protection Agency;
                    (D) $400,000 to the Secretary for use by the United 
                States Geological Survey; and
                    (E) $400,000 to the Secretary of Agriculture, 
                acting through the Chief of the Forest Service, for use 
                by the Forest Service.
    (b) Agreements and Grants.--The Secretary may--
            (1) on the recommendation of the Board, and notwithstanding 
        sections 6304 and 6305 of title 31, United States Code, and the 
        Federal Financial Assistance Management Improvement Act of 1999 
        (31 U.S.C. 6101 note; Public Law 106-107), enter into a grant 
        agreement, cooperative agreement, or contract with a 
        Partnership or other entity to provide funds authorized by this 
        title for a fish habitat conservation project or restoration or 
        enhancement project;
            (2) apply for, accept, and, subject to the availability of 
        appropriations, use a grant from any individual or entity to 
        carry out the purposes of this title; and
            (3) subject to the availability of appropriations, make 
        funds authorized by this Act available to any Federal 
        department or agency for use by that department or agency to 
        provide grants for any fish habitat protection project, 
        restoration project, or enhancement project that the Secretary 
        determines to be consistent with this title.
    (c) Donations.--
            (1) In general.--The Secretary may--
                    (A) enter into an agreement with any organization 
                described in section 501(c)(3) of the Internal Revenue 
                Code of 1986 that is exempt from taxation under section 
                501(a) of that Code to solicit private donations to 
                carry out the purposes of this title; and
                    (B) accept donations of funds, property, and 
                services to carry out the purposes of this title.
            (2) Treatment.--A donation accepted under this title--
                    (A) shall be considered to be a gift or bequest to, 
                or otherwise for the use of, the United States; and
                    (B) may be--
                            (i) used directly by the Secretary; or
                            (ii) provided to another Federal department 
                        or agency through an interagency agreement.

SEC. 213. PROHIBITION AGAINST IMPLEMENTATION OF REGULATORY AUTHORITY BY 
              FEDERAL AGENCIES THROUGH PARTNERSHIPS.

    Any Partnership designated under this title--
            (1) shall be for the sole purpose of promoting fish 
        conservation; and
            (2) shall not be used to implement any regulatory authority 
        of any Federal agency.

                        TITLE III--MISCELLANEOUS

SEC. 301. SENSE OF THE SENATE REGARDING CONSERVATION AGREEMENTS AND 
              ACTIVITIES.

    It is the sense of the Senate that--
            (1) voluntary conservation agreements benefit species and 
        the habitats on which the species rely;
            (2) States, Indian Tribes, units of local government, 
        landowners, and other stakeholders should be encouraged to 
        participate in voluntary conservation agreements; and
            (3) the Secretary of the Interior, acting through the 
        Director of the United States Fish and Wildlife Service, and 
        the Secretary of Commerce, acting through the Assistant 
        Administrator of the National Marine Fisheries Service, should 
        consider the enrollment in, and performance of, conservation 
        agreements and investment in, and implementation of, general 
        conservation activities by States, Indian Tribes, units of 
        local government, landowners, and other stakeholders in making 
        determinations under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.).

SEC. 302. STUDY TO REVIEW CONSERVATION FACTORS.

    (a) Definition of Secretaries.--In this section, the term 
``Secretaries'' means--
            (1) the Secretary of Agriculture;
            (2) the Secretary of Commerce, acting through the Assistant 
        Administrator of the National Marine Fisheries Service; and
            (3) the Secretary of the Interior, acting through the 
        Director of the United States Fish and Wildlife Service.
    (b) Study.--To assess factors affecting successful conservation 
activities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.), the Secretaries shall carry out a study--
            (1) to review any factors that threaten or endanger a 
        species for which a listing under the Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.) would not contribute to the 
        conservation of the species;
            (2) to review any barriers to--
                    (A) the delivery of Federal, State, local, or 
                private funds for such conservation activities, 
                including statutory or regulatory impediments, staffing 
                needs, and other relevant considerations; or
                    (B) the implementation of conservation agreements, 
                plans, or other cooperative agreements, including 
                agreements focused on voluntary activities, 
                multispecies efforts, and other relevant 
                considerations;
            (3) to review factors that impact the ability of the 
        Federal Government to successfully implement the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.);
            (4) to develop recommendations regarding methods to address 
        barriers identified under paragraph (2), if any;
            (5) to review determinations under the Endangered Species 
        Act of 1973 (16 U.S.C. 1531 et seq.) in which a species is 
        determined to be recovered by the Secretary of the Interior, 
        acting through the Director of the United States Fish and 
        Wildlife Service, or the Secretary of Commerce, acting through 
        the Assistant Administrator of the National Marine Fisheries 
        Service, but remains listed under that Act, including--
                    (A) an explanation of the factors preventing a 
                delisting or downlisting of the species; and
                    (B) recommendations regarding methods to address 
                the factors described in subparagraph (A); and
            (6) to review any determinations under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.) in which a species 
        has been identified as needing listing or uplisting under that 
        Act but remains unlisted or listed as a threatened species, 
        respectively, including--
                    (A) an explanation of the factors preventing a 
                listing or uplisting of the species; and
                    (B) recommendations regarding methods to address 
                the factors described in subparagraph (A).
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretaries shall submit to the Committees on 
Appropriations and Environment and Public Works of the Senate and the 
Committees on Appropriations and Natural Resources of the House of 
Representatives and make publicly available a report describing the 
results of the study under subsection (b).

SEC. 303. STUDY AND REPORT ON EXPENDITURES.

    (a) Reports on Expenditures.--
            (1) Federal departments and agencies.--
                    (A) In general.--At the determination of the 
                Comptroller General of the United States (referred to 
                in this section as the ``Comptroller General''), to 
                facilitate the preparation of the reports from the 
                Comptroller General under paragraph (2), the head of 
                each Federal department and agency shall submit to the 
                Comptroller General data and other relevant information 
                that describes the amounts expended or disbursed 
                (including through loans, loan guarantees, grants, or 
                any other financing mechanism) by the department or 
                agency as a direct result of any provision of the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
                (including any regulation promulgated pursuant to that 
                Act) during--
                            (i) with respect to the first report under 
                        paragraph (2), the 3 fiscal years preceding the 
                        date of submission of the report; and
                            (ii) with respect to the second report 
                        under paragraph (2), the 2 fiscal years 
                        preceding the date of submission of the report.
                    (B) Requirements.--Data and other relevant 
                information submitted under subparagraph (A) shall 
                describe, with respect to the applicable amounts--
                            (i) the programmatic office of the 
                        department or agency on behalf of which each 
                        amount was expended or disbursed;
                            (ii) the provision of the Endangered 
                        Species Act of 1973 (16 U.S.C. 1531 et seq.) 
                        (or regulation promulgated pursuant to that 
                        Act) pursuant to which each amount was expended 
                        or disbursed; and
                            (iii) the project or activity carried out 
                        using each amount, in detail sufficient to 
                        reflect the breadth, scope, and purpose of the 
                        project or activity.
            (2) Comptroller general.--Not later than 2 years and 4 
        years after the date of enactment of this Act, the Comptroller 
        General shall submit to the Committees on Appropriations, 
        Commerce, Science, and Transportation, and Environment and 
        Public Works of the Senate and the Committee on Appropriations 
        and Natural Resources of the House of Representatives a report 
        that describes--
                    (A) the aggregate amount expended or disbursed by 
                all Federal departments and agencies as a direct result 
                of any provision of the Endangered Species Act of 1973 
                (16 U.S.C. 1531 et seq.) (including any regulation 
                promulgated pursuant to that Act) during--
                            (i) with respect to the first report, the 3 
                        fiscal years preceding the date of submission 
                        of the report; and
                            (ii) with respect to the second report, the 
                        2 fiscal years preceding the date of submission 
                        of the report;
                    (B) the provision of the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.) (or regulation 
                promulgated pursuant to that Act) pursuant to which 
                each such amount was expended or disbursed; and
                    (C) with respect to each relevant department or 
                agency--
                            (i) the total amount expended or disbursed 
                        by the department or agency as described in 
                        subparagraph (A); and
                            (ii) the information described in clauses 
                        (i) through (iii) of paragraph (1)(B).
    (b) Report on Conservation Activities.--
            (1) Federal departments and agencies.--At the determination 
        of the Comptroller General, to facilitate the preparation of 
        the report under paragraph (2), the head of each Federal 
        department and agency shall submit to the Comptroller General 
        data and other relevant information that describes the 
        conservation activities by the Federal department or agency as 
        a direct result of any provision of the Endangered Species Act 
        of 1973 (16 U.S.C. 1531 et seq.) (including any regulation 
        promulgated pursuant to that Act) during--
                    (A) with respect to the first report under 
                paragraph (2), the 3 fiscal years preceding the date of 
                submission of the report; and
                    (B) with respect to the second report under 
                paragraph (2), the 2 fiscal years preceding the date of 
                submission of the report.
            (2) Comptroller general.--Not later than 2 years and 4 
        years after the date of enactment of this Act, the Comptroller 
        General shall submit to the Committees on Commerce, Science, 
        and Transportation and Environment and Public Works of the 
        Senate and the Committee on Natural Resources of the House of 
        Representatives a report that--
                    (A) describes the conservation activities by all 
                Federal departments and agencies for species listed as 
                a threatened species or endangered species under the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.), as reported under paragraph (1), during--
                            (i) with respect to the first report, the 3 
                        fiscal years preceding the date of submission 
                        of the report; and
                            (ii) with respect to the second report, the 
                        2 fiscal years preceding the date of submission 
                        of the report;
                    (B) is organized into categories with respect to 
                whether a recovery plan for a species has been 
                established;
                    (C) includes conservation outcomes associated with 
                the conservation activities; and
                    (D) as applicable, describes the conservation 
                activities that required interaction between Federal 
                agencies and between Federal agencies and State and 
                Tribal agencies and units of local government pursuant 
                to the Endangered Species Act of 1973 (16 U.S.C. 1531 
                et seq.).

SEC. 304. USE OF VALUE OF LAND FOR COST SHARING.

    The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et 
seq.) is amended--
            (1) by redesignating section 13 as section 14; and
            (2) by inserting after section 12 the following:

``SEC. 13. VALUE OF LAND.

    ``Notwithstanding any other provision of law, any institution 
eligible to receive Federal funds under the Agricultural Research, 
Extension, and Education Reform Act of 1998 (7 U.S.C. 7601 et seq.) 
shall be allowed to use the value of any land owned by the institution 
as an in-kind match to satisfy any cost sharing requirement under this 
Act.''.

            Amend the title so as to read: ``An Act to improve 
        protections for wildlife, and for other purposes.''.

            Attest:

                                                             Secretary.
116th CONGRESS

  2d Session

                                H.R. 925

_______________________________________________________________________

                               AMENDMENTS
```