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: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘America’s Conservation Enhancement Act’’. 

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

5 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. 
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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. 

1 TITLE I—WILDLIFE ENHANCE2 MENT, DISEASE, AND PREDA3 TION 

4 SEC. 101. THEODORE ROOSEVELT GENIUS PRIZE FOR RE5 DUCING HUMAN-PREDATOR CONFLICT. 

6 (a) IN GENERAL.—Section 7001(d) of the John D. 

7 Dingell, Jr. Conservation, Management, and Recreation Act 

8 (16 U.S.C. 742b note; Public Law 116–9) is amended— 

9 (1) in paragraphs (2)(C)(v), (3)(C)(v), (4)(C)(v), 

10 (5)(C)(v), and (6)(C)(v), by striking ‘‘paragraph 
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1 (7)(A)’’ each place it appears and inserting ‘‘para2 graph (8)(A)’’; 

3 (2) in paragraphs (2)(D)(ii), (2)(F)(ii), 

4 (3)(D)(ii), (3)(F)(ii), (4)(D)(ii), (4)(F)(ii), (5)(D)(ii), 

5 (5)(F)(ii), (6)(D)(ii), and (6)(F)(ii) by striking 

6 ‘‘paragraph (7)(B)’’ each place it appears and insert7 ing ‘‘paragraph (8)(B)’’; 

8 (3) in paragraph (6)(C)(iv), in the matter pre9 ceding clause (i), by striking ‘‘subparagraph (C)’’ and 

10 inserting ‘‘clause (iii)’’; 

11 (4) by redesignating paragraph (7) as para12 graph (8); 

13 (5) by inserting after paragraph (6) the fol14 lowing: 

15 ‘‘(7) THEODORE ROOSEVELT GENIUS PRIZE FOR

16 REDUCING HUMAN-PREDATOR CONFLICT.— 

17 ‘‘(A) DEFINITIONS.—In this paragraph: 

18 ‘‘(i) BOARD.—The term ‘Board’ means 

19 the Reducing Human-Predator Conflict 

20 Technology Advisory Board established by 

21 subparagraph (C)(i). 

22 ‘‘(ii) PRIZE COMPETITION.—The term 

23 ‘prize competition’ means the Theodore Roo24 sevelt Genius Prize for reducing human- 
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1 predator conflict established under subpara2 graph (B). 

3 ‘‘(B) AUTHORITY.—Not later than 180 days 

4 after the date of enactment of the America’s Con5 servation Enhancement Act, the Secretary shall 

6 establish under section 24 of the Stevenson7 Wydler Technology Innovation Act of 1980 (15 

8 U.S.C. 3719) a prize competition, to be known as 

9 the ‘Theodore Roosevelt Genius Prize for reduc10 ing human-predator conflict’— 

11 ‘‘(i) to encourage technological innova12 tion with the potential to advance the mis13 sion of the United States Fish and Wildlife 

14 Service with respect to reducing the fre15 quency of human-predator conflict using 

16 nonlethal means; and 

17 ‘‘(ii) to award 1 or more prizes annu18 ally for a technological advancement that 

19 promotes reducing human-predator conflict 

20 using nonlethal means, which may include 

21 the application and monitoring of tagging 

22 technologies. 

23 ‘‘(C) ADVISORY BOARD.— 

24 ‘‘(i) ESTABLISHMENT.—There is estab25 lished an advisory board, to be known as 
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1 the ‘Reducing Human-Predator Conflict 

2 Technology Advisory Board’. 

3 ‘‘(ii) COMPOSITION.—The Board shall 

4 be composed of not fewer than 9 members 

5 appointed by the Secretary, who shall pro6 vide expertise in— 

7 ‘‘(I) predator-human interactions; 

8 ‘‘(II) the habitats of large preda9 tors; 

10 ‘‘(III) biology; 

11 ‘‘(IV) technology development; 

12 ‘‘(V) engineering; 

13 ‘‘(VI) economics; 

14 ‘‘(VII) business development and 

15 management; and 

16 ‘‘(VIII) any other discipline, as 

17 the Secretary determines to be nec18 essary to achieve the purposes of this 

19 paragraph. 

20 ‘‘(iii) DUTIES.—Subject to clause (iv), 

21 with respect to the prize competition, the 

22 Board shall— 

23 ‘‘(I) select a topic; 

24 ‘‘(II) issue a problem statement; 
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1 ‘‘(III) advise the Secretary re2 garding any opportunity for techno3 logical innovation to reduce human4 predator conflict using nonlethal 

5 means; and 

6 ‘‘(IV) advise winners of the prize 

7 competition regarding opportunities to 

8 pilot and implement winning tech9 nologies in relevant fields, including in 

10 partnership with conservation organi11 zations, Federal or State agencies, fed12 erally recognized Indian Tribes, pri13 vate entities, and research institutions 

14 with expertise or interest relating to 

15 reducing human-predator conflict 

16 using nonlethal means. 

17 ‘‘(iv) CONSULTATION.—In selecting a 

18 topic and issuing a problem statement for 

19 the prize competition under subclauses (I) 

20 and (II) of clause (iii), respectively, the 

21 Board shall consult widely with Federal 

22 and non-Federal stakeholders, including— 

23 ‘‘(I) 1 or more Federal agencies 

24 with jurisdiction over the management 
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1 of native wildlife species at risk due to 

2 conflict with human activities; 

3 ‘‘(II) 1 or more State agencies 

4 with jurisdiction over the management 

5 of native wildlife species at risk due to 

6 conflict with human activities; 

7 ‘‘(III) 1 or more State, regional, 

8 or local wildlife organizations, the mis9 sion of which relates to the manage10 ment of native wildlife species at risk 

11 due to conflict with human activities; 

12 and 

13 ‘‘(IV) 1 or more wildlife conserva14 tion groups, technology companies, re15 search institutions, institutions of 

16 higher education, industry associa17 tions, or individual stakeholders with 

18 an interest in the management of na19 tive wildlife species at risk due to con20 flict with human activities. 

21 ‘‘(v) REQUIREMENTS.—The Board 

22 shall comply with all requirements under 

23 paragraph (8)(A). 

24 ‘‘(D) AGREEMENT WITH NATIONAL FISH

25 AND WILDLIFE FOUNDATION.— 
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1 ‘‘(i) IN GENERAL.—The Secretary shall 

2 offer to enter into an agreement under 

3 which the National Fish and Wildlife Foun4 dation shall administer the prize competi5 tion. 

6 ‘‘(ii) REQUIREMENTS.—An agreement 

7 entered into under clause (i) shall comply 

8 with all requirements under paragraph 

9 (8)(B). 

10 ‘‘(E) JUDGES.— 

11 ‘‘(i) APPOINTMENT.—The Secretary 

12 shall appoint not fewer than 3 judges who 

13 shall, except as provided in clause (ii), se14 lect the 1 or more annual winners of the 

15 prize competition. 

16 ‘‘(ii) DETERMINATION BY SEC17 RETARY.—The judges appointed under 

18 clause (i) shall not select any annual win19 ner of the prize competition if the Secretary 

20 makes a determination that, in any fiscal 

21 year, none of the technological advance22 ments entered into the prize competition 

23 merits an award. 

24 ‘‘(F) CONSULTATION WITH NOAA.—The Sec25 retary shall consult with the Secretary of Com-
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1 merce, acting through the Administrator of the 

2 National Oceanic and Atmospheric Administra3 tion, in the case of a cash prize awarded under 

4 the prize competition for a technology that ad5 dresses conflict between marine predators under 

6 the jurisdiction of the Secretary of Commerce, 

7 acting through the Administrator of the National 

8 Oceanic and Atmospheric Administration, and 

9 humans. 

10 ‘‘(G) REPORT TO CONGRESS.—Not later 

11 than 60 days after the date on which a cash 

12 prize is awarded under this paragraph, the Sec13 retary shall submit to the Committee on Envi14 ronment and Public Works of the Senate and the 

15 Committee on Natural Resources of the House of 

16 Representatives a report on the prize competition 

17 that includes— 

18 ‘‘(i) a statement by the Board that de19 scribes the activities carried out by the 

20 Board relating to the duties described in 

21 subparagraph (C)(iii); 

22 ‘‘(ii) if the Secretary has entered into 

23 an agreement under subparagraph (D)(i), a 

24 statement by the National Fish and Wildlife 

25 Foundation that describes the activities car-
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1 ried out by the National Fish and Wildlife 

2 Foundation relating to the duties described 

3 in paragraph (8)(B); and 

4 ‘‘(iii) a statement by 1 or more of the 

5 judges appointed under subparagraph (E) 

6 that explains the basis on which the winner 

7 of the cash prize was selected. 

8 ‘‘(H) TERMINATION OF AUTHORITY.—The 

9 Board and all authority provided under this 

10 paragraph shall terminate on December 31, 

11 2023.’’; and 

12 (6) in paragraph (8) (as so redesignated)— 

13 (A) in subparagraph (A), in the matter pre14 ceding clause (i), by striking ‘‘or (6)(C)(i)’’ and 

15 inserting ‘‘(6)(C)(i), or (7)(C)(i)’’; and 

16 (B) in subparagraph (B)— 

17 (i) in the matter preceding clause (i), 

18 by striking ‘‘or (6)(D)(i)’’ and inserting 

19 ‘‘(6)(D)(i), or (7)(D)(i)’’; and 

20 (ii) in clause (i)(VII), by striking ‘‘and 

21 (6)(E)’’ and inserting ‘‘(6)(E), and (7)(E)’’. 

22 (b) SENSE OF CONGRESS.—It is the sense of Congress 

23 that data collected from the tagging of predators can inform 

24 innovative management of those predators and innovative 

25 education activities to minimize human-predator conflict. 
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1 SEC. 102. LOSSES OF LIVESTOCK DUE TO DEPREDATION BY 

2 FEDERALLY PROTECTED SPECIES. 

3 (a) DEFINITIONS.—In this section: 

4 (1) DEPREDATION.— 

5 (A) IN GENERAL.—The term ‘‘depredation’’ 

6 means actual death, injury, or destruction of 

7 livestock that is caused by a federally protected 

8 species. 

9 (B) EXCLUSIONS.—The term ‘‘depredation’’ 

10 does not include damage to real or personal 

11 property other than livestock, including— 

12 (i) damage to— 

13 (I) other animals; 

14 (II) vegetation; 

15 (III) motor vehicles; or 

16 (IV) structures; 

17 (ii) diseases; 

18 (iii) lost profits; or 

19 (iv) consequential damages. 

20 (2) FEDERALLY PROTECTED SPECIES.—The term 

21 ‘‘federally protected species’’ means a species that is 

22 or previously was protected under— 

23 (A) the Act of June 8, 1940 (commonly 

24 known as the ‘‘Bald and Golden Eagle Protec25 tion Act’’) (54 Stat. 250, chapter 278; 16 U.S.C. 

26 668 et seq.); 
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1 (B) the Endangered Species Act of 1973 (16 

2 U.S.C. 1531 et seq.); or 

3 (C) the Migratory Bird Treaty Act (16 

4 U.S.C. 703 et seq.). 

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

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

7 Self-Determination and Education Assistance Act (25 

8 U.S.C. 5304). 

9 (4) LIVESTOCK.— 

10 (A) IN GENERAL.—The term ‘‘livestock’’ 

11 means horses, mules and asses, rabbits, llamas, 

12 cattle, bison, swine, sheep, goats, poultry, bees, 

13 honey and beehives, or any other animal gen14 erally used for food or in the production of food 

15 or fiber. 

16 (B) INCLUSION.—The term ‘‘livestock’’ in17 cludes guard animals actively engaged in the 

18 protection of livestock described in subparagraph 

19 (A). 

20 (5) PROGRAM.—The term ‘‘program’’ means the 

21 grant program established under subsection (b)(1). 

22 (6) SECRETARIES.—The term ‘‘Secretaries’’ 

23 means— 
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1 (A) the Secretary of the Interior, acting 

2 through the Director of the United States Fish 

3 and Wildlife Service; and 

4 (B) the Secretary of Agriculture, acting 

5 through the Administrator of the Animal and 

6 Plant Health Inspection Service. 

7 (b) GRANT PROGRAM FOR LOSSES OF LIVESTOCK DUE

8 TO DEPREDATION BY FEDERALLY PROTECTED SPECIES.— 

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

10 a program to provide grants to States and Indian 

11 tribes to supplement amounts provided by States, In12 dian tribes, or State agencies under 1 or more pro13 grams established by the States and Indian tribes (in14 cluding programs established after the date of enact15 ment of this Act)— 

16 (A) to assist livestock producers in carrying 

17 out— 

18 (i) proactive and nonlethal activities to 

19 reduce the risk of livestock loss due to depre20 dation by federally protected species occur21 ring on— 

22 (I) Federal, State, or private land 

23 within the applicable State; or 
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1 (II) land owned by, or held in 

2 trust for the benefit of, the applicable 

3 Indian tribe; and 

4 (ii) research relating to the activities 

5 described in clause (i); and 

6 (B) to compensate livestock producers for 

7 livestock losses due to depredation by federally 

8 protected species occurring on— 

9 (i) Federal, State, or private land 

10 within the applicable State; or 

11 (ii) land owned by, or held in trust for 

12 the benefit of, the applicable Indian tribe. 

13 (2) ALLOCATION OF FUNDING.— 

14 (A) REPORTS TO THE SECRETARIES.—Not 

15 later than September 30 of each year, a State or 

16 Indian tribe desiring to receive a grant under 

17 the program shall submit to the Secretaries a re18 port describing, for the 1-year period ending on 

19 that September 30, the losses of livestock due to 

20 depredation by federally protected species occur21 ring on— 

22 (i) Federal, State, or private land 

23 within the applicable State; or 

24 (ii) land owned by, or held in trust for 

25 the benefit of, the applicable Indian tribe. 
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1 (B) ALLOCATION.—The Secretaries shall al2 locate available funding to carry out this Act 

3 among States and Indian tribes for a 1-year pe4 riod ending on September 30 based on the losses 

5 described in the reports submitted for the pre6 vious 1-year period ending on September 30 

7 under subparagraph (A). 

8 (3) ELIGIBILITY.—To be eligible to receive a 

9 grant under paragraph (1), a State or Indian tribe 

10 shall— 

11 (A) designate an appropriate agency of the 

12 State or Indian tribe to administer the 1 or 

13 more programs supplemented by the grant funds; 

14 (B) establish 1 or more accounts to receive 

15 grant funds; 

16 (C) maintain files of all claims received and 

17 paid under grant-funded programs, including 

18 supporting documentation; and 

19 (D) submit to the Secretaries— 

20 (i) annual reports that include— 

21 (I) a summary of claims and ex22 penditures under the program during 

23 the year; and 

24 (II) a description of any action 

25 taken on the claims; and 
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1 (ii) such other reports as the Secre2 taries may require to assist the Secretaries 

3 in determining the effectiveness of assisted 

4 activities under this section. 

5 (c) SENSE OF THE SENATE.—It is the sense of the Sen6 ate that— 

7 (1) no State or Indian tribe is required to par8 ticipate in the program; and 

9 (2) the program supplements, and does not re10 place or supplant, any State compensation programs 

11 for depredation. 

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this section 

14 $15,000,000 for each of fiscal years 2021 through 2025, of 

15 which— 

16 (1) $5,000,000 shall be used to provide grants for 

17 the purposes described in subsection (b)(1)(A); and 

18 (2) $10,000,000 shall be used to provide grants 

19 for the purpose described in subsection (b)(1)(B). 

20 SEC. 103. DEPREDATION PERMITS FOR BLACK VULTURES 

21 AND COMMON RAVENS. 

22 (a) IN GENERAL.—The Secretary of the Interior, act23 ing through the Director of the United States Fish and 

24 Wildlife Service (referred to in this section as the ‘‘Sec25 retary’’), may issue depredation permits to livestock pro-
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1 ducers authorizing takings of black vultures or common 

2 ravens otherwise prohibited by Federal law to prevent those 

3 vultures or common ravens from taking livestock during the 

4 calving season or lambing season. 

5 (b) LIMITED TO AFFECTED STATES OR REGIONS.— 

6 The Secretary may issue permits under subsection (a) only 

7 to livestock producers in States and regions in which live8 stock producers are affected or have been affected in the pre9 vious year by black vultures or common ravens, as deter10 mined by Secretary. 

11 (c) REPORTING.—The Secretary shall require, as a 

12 condition of a permit under subsection (a), that the permit 

13 holder shall report to the appropriate enforcement agencies 

14 the takings of black vultures or common ravens pursuant 

15 to the permit. 

16 SEC. 104. CHRONIC WASTING DISEASE TASK FORCE. 

17 (a) DEFINITION OF CHRONIC WASTING DISEASE.—In 

18 this section, the term ‘‘chronic wasting disease’’ means the 

19 animal disease afflicting deer, elk, and moose populations 

20 that— 

21 (1) is a transmissible disease of the nervous sys22 tem resulting in distinctive lesions in the brain; and 

23 (2) belongs to the group of diseases known as 

24 transmissible spongiform encephalopathies, which 
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1 group includes scrapie, bovine spongiform 

2 encephalopathy, and Creutzfeldt-Jakob disease. 

3 (b) ESTABLISHMENT.— 

4 (1) IN GENERAL.—There is established within 

5 the United States Fish and Wildlife Service a task 

6 force, to be known as the ‘‘Chronic Wasting Disease 

7 Task Force’’ (referred to in this subsection as the 

8 ‘‘Task Force’’). 

9 (2) DUTIES.—The Task Force shall— 

10 (A) collaborate with foreign governments to 

11 share research, coordinate efforts, and discuss 

12 best management practices to reduce, minimize, 

13 prevent, or eliminate chronic wasting disease in 

14 the United States; 

15 (B) develop recommendations, including 

16 recommendations based on findings of the study 

17 conducted under subsection (c), and a set of best 

18 practices regarding— 

19 (i) the interstate coordination of prac20 tices to prevent the new introduction of 

21 chronic wasting disease; 

22 (ii) the prioritization and coordination 

23 of the future study of chronic wasting dis24 ease, based on evolving research needs; 
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1 (iii) ways to leverage the collective re2 sources of Federal, State, and local agencies, 

3 Indian Tribes, and foreign governments, 

4 and resources from private, nongovern5 mental entities, to address chronic wasting 

6 disease in the United States and along the 

7 borders of the United States; and 

8 (iv) any other area where containment 

9 or management efforts relating to chronic 

10 wasting disease may differ across jurisdic11 tions; 

12 (C) draw from existing and future academic 

13 and management recommendations to develop an 

14 interstate action plan under which States and 

15 the United States Fish and Wildlife Service 

16 agree to enact consistent management, edu17 cational, and research practices relating to 

18 chronic wasting disease; and 

19 (D) facilitate the creation of a cooperative 

20 agreement by which States and relevant Federal 

21 agencies agree to commit funds to implement 

22 best practices described in the interstate action 

23 plan developed under subparagraph (C). 

24 (3) MEMBERSHIP.— 
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1 (A) IN GENERAL.—The Task Force shall be 

2 composed of— 

3 (i) 1 representative of the United 

4 States Fish and Wildlife Service with expe5 rience in chronic wasting disease, to be ap6 pointed by the Secretary of the Interior (re7 ferred to in this subsection as the ‘‘Sec8 retary’’); 

9 (ii) 1 representative of the United 

10 States Geological Survey; 

11 (iii) 2 representatives of the Depart12 ment of Agriculture with experience in 

13 chronic wasting disease, to be appointed by 

14 the Secretary of Agriculture— 

15 (I) 1 of whom shall have expertise 

16 in research; and 

17 (II) 1 of whom shall have exper18 tise in wildlife management; 

19 (iv) in the case of each State in which 

20 chronic wasting disease among elk, mule 

21 deer, white-tailed deer, or moose has been 

22 reported to the appropriate State agency, 

23 not more than 2 representatives, to be nomi24 nated by the Governor of the State— 
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1 (I) not more than 1 of whom shall 

2 be a representative of the State agency 

3 with jurisdiction over wildlife manage4 ment or wildlife disease in the State; 

5 and 

6 (II) in the case of a State with a 

7 farmed cervid program or economy, 

8 not more than 1 of whom shall be a 

9 representative of the State agency with 

10 jurisdiction over farmed cervid regula11 tion in the State; 

12 (v) in the case of each State in which 

13 chronic wasting disease among elk, mule 

14 deer, white-tailed deer, or moose has not 

15 been documented, but that has carried out 

16 measures to prevent the introduction of 

17 chronic wasting disease among those species, 

18 not more than 2 representatives, to be nomi19 nated by the Governor of the State; 

20 (vi) not more than 2 representatives 

21 from an Indian tribe or tribal organization 

22 chosen in a process determined, in consulta23 tion with Indian tribes, by the Secretary; 

24 and 
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1 (vii) not more than 5 nongovernmental 

2 members with relevant expertise appointed, 

3 after the date on which the members are 

4 first appointed under clauses (i) through 

5 (vi), by a majority vote of the State rep6 resentatives appointed under clause (iv). 

7 (B) EFFECT.—Nothing in this paragraph 

8 requires a State to participate in the Task Force. 

9 (4) CO-CHAIRS.—The Co-Chairs of the Task 

10 Force shall be— 

11 (A) the Federal representative described in 

12 paragraph (3)(A)(i); and 

13 (B) 1 State representative appointed under 

14 paragraph (3)(A)(iv), to be selected by a major15 ity vote of those State representatives. 

16 (5) DATE OF INITIAL APPOINTMENT.— 

17 (A) IN GENERAL.—The members of the Task 

18 Force shall be appointed not later than 180 days 

19 after the date on which the study is completed 

20 under subsection (c). 

21 (B) NOTIFICATION.—On appointment of the 

22 members of the Task Force, the Co-Chairs of the 

23 Task Force shall notify the Chairs and Ranking 

24 Members of the Committees on Environment and 
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1 Public Works of the Senate and Natural Re2 sources of the House of Representatives. 

3 (6) VACANCIES.—Any vacancy in the members 

4 appointed to the Task Force— 

5 (A) shall not affect the power or duty of the 

6 Task Force; and 

7 (B) shall be filled not later than 30 days 

8 after the date of the vacancy. 

9 (7) MEETINGS.—The Task Force shall convene— 

10 (A) not less frequently than twice each year; 

11 and 

12 (B) at such time and place, and by such 

13 means, as the Co-Chairs of the Task Force deter14 mine to be appropriate, which may include the 

15 use of remote conference technology. 

16 (8) INTERSTATE ACTION PLAN.— 

17 (A) IN GENERAL.—Not later than 1 year 

18 after the date on which the members of the Task 

19 Force are appointed, the Task Force shall submit 

20 to the Secretary, and the heads of the State agen21 cies with jurisdiction over wildlife disease and 

22 farmed cervid regulation of each State with a 

23 representative on the Task Force, the interstate 

24 action plan developed by the Task Force under 

25 paragraph (2)(C). 
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1 (B) COOPERATIVE AGREEMENTS.— 

2 (i) IN GENERAL.—To the maximum ex3 tent practicable, the Secretary, any other 

4 applicable Federal agency, and each appli5 cable State shall enter into a cooperative 

6 agreement to fund necessary actions under 

7 the interstate action plan submitted under 

8 subparagraph (A). 

9 (ii) TARGET DATE.—The Secretary 

10 shall make the best effort of the Secretary to 

11 enter into any cooperative agreement under 

12 clause (i) not later than 180 days after the 

13 date of submission of the interstate action 

14 plan under subparagraph (A). 

15 (C) MATCHING FUNDS.— 

16 (i) IN GENERAL.—Subject to clause 

17 (ii), for each fiscal year, the United States 

18 Fish and Wildlife Service shall provide 

19 funds to carry out an interstate action plan 

20 through a cooperative agreement under sub21 paragraph (B) in the amount of funds pro22 vided by the applicable States. 

23 (ii) LIMITATION.—The amount pro24 vided by the United State Fish and Wildlife 
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1 Service under clause (i) for a fiscal year 

2 shall be not greater than $5,000,000. 

3 (9) REPORTS.—Not later than September 30 of 

4 the first full fiscal year after the date on which the 

5 first members of the Task Force are appointed, and 

6 each September 30 thereafter, the Task Force shall 

7 submit to the Secretary, and the heads of the State 

8 agencies with jurisdiction over wildlife disease and 

9 farmed cervid regulation of each State with a rep10 resentatives on the Task Force, a report describing— 

11 (A) progress on the implementation of ac12 tions identified in the interstate action plan sub13 mitted under paragraph (8)(A), including the ef14 ficacy of funding under the cooperative agree15 ment entered into under paragraph (8)(B); 

16 (B) updated resource requirements that are 

17 needed to reduce and eliminate chronic wasting 

18 disease in the United States; 

19 (C) any relevant updates to the rec20 ommended best management practices included 

21 in the interstate action plan submitted under 

22 paragraph (8)(B) to reduce or eliminate chronic 

23 wasting disease; 
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1 (D) new research findings and emerging re2 search needs relating to chronic wasting disease; 

3 and 

4 (E) any other relevant information. 

5 (c) CHRONIC WASTING DISEASE TRANSMISSION IN

6 CERVIDAE RESOURCE STUDY.— 

7 (1) DEFINITIONS.—In this subsection: 

8 (A) ACADEMY.—The term ‘‘Academy’’ 

9 means the National Academy of Sciences. 

10 (B) CERVID.—The term ‘‘cervid’’ means 

11 any species within the family Cervidae. 

12 (C) SECRETARIES.—The term ‘‘Secretaries’’ 

13 means the Secretary of Agriculture, acting 

14 through the Administrator of the Animal and 

15 Plant Health Inspection Service, and the Sec16 retary of the Interior, acting through the Direc17 tor of the United States Geological Survey, act18 ing jointly. 

19 (2) STUDY.— 

20 (A) IN GENERAL.—The Secretaries shall 

21 enter into an arrangement with the Academy 

22 under which the Academy shall conduct, and 

23 submit to the Secretaries a report describing the 

24 findings of, a special resource study to identify 

25 the predominant pathways and mechanisms of 
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1 the transmission of chronic wasting disease in 

2 wild, captive, and farmed populations of cervids 

3 in the United States. 

4 (B) REQUIREMENTS.—The arrangement 

5 under subparagraph (A) shall provide that the 

6 actual expenses incurred by the Academy in con7 ducting the study under subparagraph (A) shall 

8 be paid by the Secretaries, subject to the avail9 ability of appropriations. 

10 (3) CONTENTS OF THE STUDY.—The study under 

11 paragraph (2) shall— 

12 (A) with respect to wild, captive, and 

13 farmed populations of cervids in the United 

14 States, identify— 

15 (i)(I) the pathways and mechanisms 

16 for the transmission of chronic wasting dis17 ease within live cervid populations and 

18 cervid products, which may include path19 ways and mechanisms for transmission 

20 from Canada; 

21 (II) the infection rates for each path22 way and mechanism identified under sub23 clause (I); and 
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1 (III) the relative frequency of trans2 mission of each pathway and mechanism 

3 identified under subclause (I); 

4 (ii)(I) anthropogenic and environ5 mental factors contributing to new chronic 

6 wasting disease emergence events; 

7 (II) the development of geographical 

8 areas with increased chronic wasting dis9 ease prevalence; and 

10 (III) the overall geographical patterns 

11 of chronic wasting disease distribution; 

12 (iii) significant gaps in current sci13 entific knowledge regarding the trans14 mission pathways and mechanisms identi15 fied under clause (i)(I) and potential pre16 vention, detection, and control methods 

17 identified under clause (v); 

18 (iv) for prioritization the scientific re19 search projects that will address the knowl20 edge gaps identified under clause (iii), 

21 based on the likelihood that a project will 

22 contribute significantly to the prevention or 

23 control of chronic wasting disease; and 

24 (v) potential prevention, detection, or 

25 control measures, practices, or technologies 
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1 to be used to mitigate the transmission and 

2 spread of chronic wasting disease in wild, 

3 captive, and farmed populations of cervids 

4 in the United States; 

5 (B) assess the effectiveness of the potential 

6 prevention, detection, or control measures, prac7 tices, or technologies identified under subpara8 graph (A)(v); and 

9 (C) review and compare science-based best 

10 practices, standards, and guidance regarding the 

11 prevention, detection, and management of chron12 ic wasting disease in wild, captive, and farmed 

13 populations of cervids in the United States that 

14 have been developed by— 

15 (i) the National Chronic Wasting Dis16 ease Herd Certification Program of the Ani17 mal and Plant Health Inspection Service; 

18 (ii) the United States Geological Sur19 vey; 

20 (iii) State wildlife and agricultural 

21 agencies, in the case of practices, standards, 

22 and guidance that provide practical, 

23 science-based recommendations to State and 

24 Federal agencies for minimizing or elimi-
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1 nating the risk of transmission of chronic 

2 wasting disease in the United States; and 

3 (iv) industry or academia, in the case 

4 of any published guidance on practices that 

5 provide practical, science-based rec6 ommendations to cervid producers for mini7 mizing or eliminating the risk of trans8 mission of chronic wasting disease within 

9 or between herds. 

10 (4) DEADLINE.—The study under paragraph (2) 

11 shall be completed not later than 180 days after the 

12 date on which funds are first made available for the 

13 study. 

14 (5) DATA SHARING.—The Secretaries shall share 

15 with the Academy, as necessary to conduct the study 

16 under paragraph (2), subject to the avoidance of a 

17 violation of a privacy or confidentiality requirement 

18 and the protection of confidential or privileged com19 mercial, financial, or proprietary information, data 

20 and access to databases on chronic wasting disease 

21 under the jurisdiction of— 

22 (A) the Veterinary Services Program of the 

23 Animal and Plant Health Inspection Service; 

24 and 

25 (B) the United States Geological Survey. 
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1 (6) REPORT.—Not later than 60 days after the 

2 date of completion of the study, the Secretaries shall 

3 submit to the Committee on Agriculture, Nutrition, 

4 and Forestry, the Committee on Energy and Natural 

5 Resources, and the Committee on Environment and 

6 Public Works of the Senate and the Committee on Ag7 riculture and the Committee on Natural Resources of 

8 the House of Representatives a report that describes— 

9 (A) the findings of the study; and 

10 (B) any conclusions and recommendations 

11 that the Secretaries determine to be appropriate. 

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

13 authorized to be appropriated to carry out this section— 

14 (1) for the period of fiscal years 2021 through 

15 2025, $5,000,000 to the Secretary of the Interior, act16 ing through the Director of the United States Fish 

17 and Wildlife Service, to carry out administrative ac18 tivities under subsection (b); 

19 (2) for fiscal year 2021, $1,200,000 to the Sec20 retary of the Interior, acting through the Director of 

21 the United States Geological Survey, to carry out ac22 tivities to fund research under subsection (c); and 

23 (3) for fiscal year 2021, $1,200,000 to the Sec24 retary of Agriculture, acting through the Adminis25 trator of the Animal and Plant Health Inspection 
32 

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1 Service, to carry out activities to fund research under 

2 subsection (c). 

3 SEC. 105. INVASIVE SPECIES. 

4 Section 10 of the Fish and Wildlife Coordination Act 

5 (16 U.S.C. 666c–1) is amended— 

6 (1) in subsection (c)(2)— 

7 (A) in subparagraph (A)— 

8 (i) by redesignating clauses (i) and (ii) 

9 as clauses (ii) and (iii), respectively; and 

10 (ii) by inserting before clause (ii) (as 

11 so redesignated) the following: 

12 ‘‘(i) relevant Federal agencies;’’; 

13 (B) by redesignating subparagraphs (B) 

14 and (C) as subparagraphs (C) and (D), respec15 tively; and 

16 (C) by inserting after subparagraph (A) the 

17 following: 

18 ‘‘(B) in consultation with stakeholders, in19 cluding nongovernmental organizations and in20 dustry;’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to carry out this section 

24 for each of fiscal years 2021 through 2025— 
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1 ‘‘(1) $2,500,000 to the Secretary of the Army, 

2 acting through the Chief of Engineers; and 

3 ‘‘(2) $2,500,000 to the Secretary of the Inte4 rior.’’. 

5 SEC. 106. NORTH AMERICAN WETLANDS CONSERVATION 

6 ACT. 

7 Section 7(c) of the North American Wetlands Con8 servation Act (16 U.S.C. 4406(c)) is amended by striking 

9 ‘‘not to exceed—’’ in the matter preceding paragraph (1) 

10 and all that follows through paragraph (5) and inserting 

11 ‘‘not to exceed $60,000,000 for each of fiscal years 2021 

12 through 2025.’’. 

13 SEC. 107. NATIONAL FISH AND WILDLIFE FOUNDATION ES14 TABLISHMENT ACT. 

15 (a) BOARD OF DIRECTORS OF FOUNDATION.— 

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

17 and Wildlife Foundation Establishment Act (16 

18 U.S.C. 3702) is amended— 

19 (A) in subsection (b)— 

20 (i) by striking paragraph (2) and in21 serting the following: 

22 ‘‘(2) APPOINTMENT OF DIRECTORS.—After con23 sulting with the Secretary of Commerce and consid24 ering the recommendations submitted by the Board, 
34 

† HR 925 EAS 

1 the Secretary of the Interior shall appoint 28 Direc2 tors who, to the maximum extent practicable, shall— 

3 ‘‘(A) be knowledgeable and experienced in 

4 matters relating to the conservation of fish, wild5 life, or other natural resources; and 

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

7 ocean, coastal, freshwater, and terrestrial re8 source conservation.’’; and 

9 (ii) by striking paragraph (3) and in10 serting the following: 

11 ‘‘(3) TERMS.—Each Director (other than a Di12 rector described in paragraph (1)) shall be appointed 

13 for a term of 6 years.’’; and 

14 (B) in subsection (g)(2)— 

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

16 ‘‘(A) Officers and employees may not be ap17 pointed until the Foundation has sufficient 

18 funds to pay them for their service. Offi19 cers’’ and inserting the following: 

20 ‘‘(A) IN GENERAL.—Officers’’; and 

21 (ii) by striking subparagraph (B) and 

22 inserting the following: 

23 ‘‘(B) EXECUTIVE DIRECTOR.—The Founda24 tion shall have an Executive Director who shall 

25 be— 
35 

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

3 officer of the Foundation; and 

4 ‘‘(ii) knowledgeable and experienced in 

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

7 (2) CONFORMING AMENDMENT.—Section 

8 4(a)(1)(B) of the North American Wetlands Conserva9 tion Act (16 U.S.C. 4403(a)(1)(B)) is amended by 

10 striking ‘‘Secretary of the Board’’ and inserting ‘‘Ex11 ecutive Director of the Board’’. 

12 (b) RIGHTS AND OBLIGATIONS OF FOUNDATION.—Sec13 tion 4 of the National Fish and Wildlife Foundation Estab14 lishment Act (16 U.S.C. 3703) is amended— 

15 (1) in subsection (c)— 

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

17 out its purposes under’’ and inserting the fol18 lowing: 

19 ‘‘(c) POWERS.— 

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

21 described in’’; 

22 (B) by redesignating paragraphs (1) 

23 through (11) as subparagraphs (A) through (K), 

24 respectively, and indenting appropriately; 
36 

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

2 by subparagraph (B)), by striking ‘‘that are in3 sured by an agency or instrumentality of the 

4 United States’’ and inserting ‘‘at 1 or more fi5 nancial institutions that are members of the Fed6 eral Deposit Insurance Corporation or the Secu7 rities Investment Protection Corporation’’; 

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

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

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

11 (D)’’; 

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

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

14 end; 

15 (F) by striking subparagraph (K) (as redes16 ignated by subparagraph (B)) and inserting the 

17 following: 

18 ‘‘(K) to receive and administer restitution 

19 and community service payments, amounts for 

20 mitigation of impacts to natural resources, and 

21 other amounts arising from legal, regulatory, or 

22 administrative proceedings, subject to the condi23 tion that the amounts are received or adminis24 tered for purposes that further the conservation 
37 

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1 and management of fish, wildlife, plants, and 

2 other natural resources; and 

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

4 purposes of the Foundation.’’; and 

5 (G) by striking the undesignated matter at 

6 the end and inserting the following: 

7 ‘‘(2) TREATMENT OF REAL PROPERTY.— 

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

9 Act, an interest in real property shall be treated 

10 as including easements or other rights for preser11 vation, conservation, protection, or enhancement 

12 by and for the public of natural, scenic, historic, 

13 scientific, educational, inspirational, or rec14 reational resources. 

15 ‘‘(B) ENCUMBERED REAL PROPERTY.—A 

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

17 Foundation even though the gift, devise, or be18 quest is encumbered, restricted, or subject to ben19 eficial interests of private persons if any current 

20 or future interest in the gift, devise, or bequest 

21 is for the benefit of the Foundation. 

22 ‘‘(3) SAVINGS CLAUSE.—The acceptance and ad23 ministration of amounts by the Foundation under 

24 paragraph (1)(K) does not alter, supersede, or limit 
38 

† HR 925 EAS 

1 any regulatory or statutory requirement associated 

2 with those amounts.’’; 

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

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

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

6 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 10 

7 of the National Fish and Wildlife Foundation Establish8 ment Act (16 U.S.C. 3709) is amended— 

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

10 and inserting the following: 

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

12 appropriated to carry out this Act for each of fiscal 

13 years 2021 through 2025— 

14 ‘‘(A) $15,000,000 to the Secretary of the In15 terior; 

16 ‘‘(B) $5,000,000 to the Secretary of Agri17 culture; and 

18 ‘‘(C) $5,000,000 to the Secretary of Com19 merce.’’; 

20 (2) in subsection (b)— 

21 (A) by striking paragraph (1) and inserting 

22 the following: 

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

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

25 amounts authorized to be appropriated under 
39 

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1 subsection (a), Federal departments, agencies, or 

2 instrumentalities are authorized to provide funds 

3 to the Foundation through Federal financial as4 sistance grants and cooperative agreements, sub5 ject to the condition that the amounts are used 

6 for purposes that further the conservation and 

7 management of fish, wildlife, plants, and other 

8 natural resources in accordance with this Act. 

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

10 agencies, or instrumentalities may advance 

11 amounts described in subparagraph (A) to the 

12 Foundation in a lump sum without regard to 

13 when the expenses for which the amounts are 

14 used are incurred. 

15 ‘‘(C) MANAGEMENT FEES.—The Foundation 

16 may assess and collect fees for the management 

17 of amounts received under this paragraph.’’; 

18 (B) in paragraph (2)— 

19 (i) in the paragraph heading, by strik20 ing ‘‘FUNDS’’ and inserting ‘‘AMOUNTS’’; 

21 (ii) by striking ‘‘shall be used’’ and in22 serting ‘‘may be used’’; and 

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

24 government agencies’’ and inserting ‘‘, State 
40 

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1 and local government agencies, and other 

2 entities’’; and 

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

4 ‘‘(3) ADMINISTRATION OF AMOUNTS.— 

5 ‘‘(A) IN GENERAL.—In entering into con6 tracts, agreements, or other partnerships pursu7 ant to this Act, a Federal department, agency, or 

8 instrumentality shall have discretion to waive 

9 any competitive process applicable to the depart10 ment, agency, or instrumentality for entering 

11 into contracts, agreements, or partnerships with 

12 the Foundation if the purpose of the waiver is— 

13 ‘‘(i) to address an environmental emer14 gency resulting from a natural or other dis15 aster; or 

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

17 applicable Federal department, agency, or 

18 instrumentality, to reduce administrative 

19 expenses and expedite the conservation and 

20 management of fish, wildlife, plants, and 

21 other natural resources. 

22 ‘‘(B) REPORTS.—The Foundation shall in23 clude in the annual report submitted under sec24 tion 7(b) a description of any use of the author25 ity under subparagraph (A) by a Federal de-
41 

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

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

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

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

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

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

10 departments, agencies, or instrumentalities and may be ac11 cepted and expended (or the disposition of the amounts or 

12 property directed), without further appropriation, by those 

13 Federal departments, agencies, or instrumentalities, subject 

14 to the condition that the amounts or property be used for 

15 purposes that further the conservation and management of 

16 fish, wildlife, plants, and other natural resources.’’. 

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

18 National Fish and Wildlife Foundation Establishment Act 

19 (16 U.S.C. 3710) is amended by inserting ‘‘exclusive’’ before 

20 ‘‘authority’’. 

21 SEC. 108. MODIFICATION OF DEFINITION OF SPORT FISH22 ING EQUIPMENT UNDER TOXIC SUBSTANCES 

23 CONTROL ACT. 

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

25 (15 U.S.C. 2602(2)(B)) is amended— 
42 

† HR 925 EAS 

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

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

3 end and inserting ‘‘, and’’; and 

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

5 ‘‘(vii) any sport fishing equipment (as such term 

6 is defined in section 4162(a) of the Internal Revenue 

7 Code of 1986) the sale of which is subject to the tax 

8 imposed by section 4161(a) of such Code (determined 

9 without regard to any exemptions from such tax pro10 vided by section 4162 or 4221 or any other provision 

11 of such Code), and sport fishing equipment compo12 nents.’’. 

13 SEC. 109. REAUTHORIZATION OF CHESAPEAKE BAY PRO14 GRAM. 

15 Section 117 of the Federal Water Pollution Control Act 

16 (33 U.S.C. 1267) is amended by striking subsection (j) and 

17 inserting the following: 

18 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are 

19 authorized to be appropriated to carry out this section— 

20 ‘‘(1) for fiscal year 2020, $90,000,000; 

21 ‘‘(2) for fiscal year 2021, $90,500,000; 

22 ‘‘(3) for fiscal year 2022, $91,000,000; 

23 ‘‘(4) for fiscal year 2023, $91,500,000; and 

24 ‘‘(5) for fiscal year 2024, $92,000,000.’’. 
43 

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1 SEC. 110. REAUTHORIZATION OF CHESAPEAKE BAY INITIA2 TIVE ACT OF 1998. 

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

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

5 2579; 132 Stat. 691) is amended by striking ‘‘2019’’ and 

6 inserting ‘‘2025’’. 

7 SEC. 111. CHESAPEAKE WATERSHED INVESTMENTS FOR 

8 LANDSCAPE DEFENSE. 

9 (a) DEFINITIONS.—In this section: 

10 (1) CHESAPEAKE BAY AGREEMENTS.—The term 

11 ‘‘Chesapeake Bay agreements’’ means the formal, vol12 untary agreements— 

13 (A) executed to achieve the goal of restoring 

14 and protecting the Chesapeake Bay watershed 

15 ecosystem and the living resources of the Chesa16 peake Bay watershed ecosystem; and 

17 (B) signed by the Chesapeake Executive 

18 Council. 

19 (2) CHESAPEAKE BAY PROGRAM.—The term 

20 ‘‘Chesapeake Bay program’’ means the program di21 rected by the Chesapeake Executive Council in accord22 ance with the Chesapeake Bay agreements. 

23 (3) CHESAPEAKE BAY WATERSHED.—The term 

24 ‘‘Chesapeake Bay watershed’’ means the region that 

25 covers— 

26 (A) the Chesapeake Bay; 
44 

† HR 925 EAS 

1 (B) the portions of the States of Delaware, 

2 Maryland, New York, Pennsylvania, Virginia, 

3 and West Virginia that drain into the Chesa4 peake Bay; and 

5 (C) the District of Columbia. 

6 (4) CHESAPEAKE EXECUTIVE COUNCIL.—The 

7 term ‘‘Chesapeake Executive Council’’ means the 

8 council comprised of— 

9 (A) the Governors of each of the States of 

10 Delaware, Maryland, New York, Pennsylvania, 

11 Virginia, and West Virginia; 

12 (B) the Mayor of the District of Columbia; 

13 (C) the Chair of the Chesapeake Bay Com14 mission; and 

15 (D) the Administrator of the Environmental 

16 Protection Agency. 

17 (5) CHESAPEAKE WILD PROGRAM.—The term 

18 ‘‘Chesapeake WILD program’’ means the nonregula19 tory program established by the Secretary under sub20 section (b)(1). 

21 (6) GRANT PROGRAM.—The term ‘‘grant pro22 gram’’ means the Chesapeake Watershed Investments 

23 for Landscape Defense grant program established by 

24 the Secretary under subsection (c)(1). 
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1 (7) RESTORATION AND PROTECTION ACTIVITY.— 

2 The term ‘‘restoration and protection activity’’ means 

3 an activity carried out for the conservation, steward4 ship, and enhancement of habitat for fish and wild5 life— 

6 (A) to preserve and improve ecosystems and 

7 ecological processes on which the fish and wild8 life depend; and 

9 (B) for use and enjoyment by the public. 

10 (8) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior, acting through the Di12 rector of the United States Fish and Wildlife Service. 

13 (b) PROGRAM ESTABLISHMENT.— 

14 (1) ESTABLISHMENT.—Not later than 180 days 

15 after the date of enactment of this Act, the Secretary 

16 shall establish a nonregulatory program, to be known 

17 as the ‘‘Chesapeake Watershed Investments for Land18 scape Defense program’’. 

19 (2) PURPOSES.—The purposes of the Chesapeake 

20 WILD program include— 

21 (A) coordinating restoration and protection 

22 activities among Federal, State, local, and re23 gional entities and conservation partners 

24 throughout the Chesapeake Bay watershed; 
46 

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1 (B) engaging other agencies and organiza2 tions to build a broader range of partner sup3 port, capacity, and potential funding for projects 

4 in the Chesapeake Bay watershed; 

5 (C) carrying out coordinated restoration 

6 and protection activities, and providing for tech7 nical assistance, throughout the Chesapeake Bay 

8 watershed— 

9 (i) to sustain and enhance restoration 

10 and protection activities; 

11 (ii) to improve and maintain water 

12 quality to support fish and wildlife, habi13 tats of fish and wildlife, and drinking water 

14 for people; 

15 (iii) to sustain and enhance water 

16 management for volume and flood damage 

17 mitigation improvements to benefit fish and 

18 wildlife habitat; 

19 (iv) to improve opportunities for pub20 lic access and recreation in the Chesapeake 

21 Bay watershed consistent with the ecological 

22 needs of fish and wildlife habitat; 

23 (v) to facilitate strategic planning to 

24 maximize the resilience of natural eco-
47 

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1 systems and habitats under changing water2 shed conditions; 

3 (vi) to engage the public through out4 reach, education, and citizen involvement to 

5 increase capacity and support for coordi6 nated restoration and protection activities 

7 in the Chesapeake Bay watershed; 

8 (vii) to sustain and enhance vulnerable 

9 communities and fish and wildlife habitat; 

10 (viii) to conserve and restore fish, wild11 life, and plant corridors; and 

12 (ix) to increase scientific capacity to 

13 support the planning, monitoring, and re14 search activities necessary to carry out co15 ordinated restoration and protection activi16 ties. 

17 (3) DUTIES.—In carrying out the Chesapeake 

18 WILD program, the Secretary shall— 

19 (A) draw on existing plans for the Chesa20 peake Bay watershed, or portions of the Chesa21 peake Bay watershed, including the Chesapeake 

22 Bay agreements, and work in consultation with 

23 applicable management entities, including 

24 Chesapeake Bay program partners, such as the 

25 Federal Government, State and local govern-
48 

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1 ments, the Chesapeake Bay Commission, and 

2 other regional organizations, as appropriate, to 

3 identify, prioritize, and implement restoration 

4 and protection activities within the Chesapeake 

5 Bay watershed; 

6 (B) adopt a Chesapeake Bay watershed7 wide strategy that— 

8 (i) supports the implementation of a 

9 shared set of science-based restoration and 

10 protection activities developed in accordance 

11 with subparagraph (A); and 

12 (ii) targets cost-effective projects with 

13 measurable results; and 

14 (C) establish the grant program in accord15 ance with subsection (c). 

16 (4) COORDINATION.—In establishing the Chesa17 peake WILD program, the Secretary shall consult, as 

18 appropriate, with— 

19 (A) the heads of Federal agencies, includ20 ing— 

21 (i) the Administrator of the Environ22 mental Protection Agency; 

23 (ii) the Administrator of the National 

24 Oceanic and Atmospheric Administration; 
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1 (iii) the Chief of the Natural Resources 

2 Conservation Service; 

3 (iv) the Chief of Engineers; 

4 (v) the Director of the United States 

5 Geological Survey; 

6 (vi) the Secretary of Transportation; 

7 (vii) the Chief of the Forest Service; 

8 and 

9 (viii) the head of any other applicable 

10 agency; 

11 (B) the Governors of each of the States of 

12 Delaware, Maryland, New York, Pennsylvania, 

13 Virginia, and West Virginia and the Mayor of 

14 the District of Columbia; 

15 (C) fish and wildlife joint venture partner16 ships; and 

17 (D) other public agencies and organizations 

18 with authority for the planning and implemen19 tation of conservation strategies in the Chesa20 peake Bay watershed. 

21 (c) GRANTS AND TECHNICAL ASSISTANCE.— 

22 (1) CHESAPEAKE WILD GRANT PROGRAM.—To 

23 the extent that funds are made available to carry out 

24 this subsection, the Secretary shall establish and carry 

25 out, as part of the Chesapeake WILD program, a vol-
50 

† HR 925 EAS 

1 untary grant and technical assistance program, to be 

2 known as the ‘‘Chesapeake Watershed Investments for 

3 Landscape Defense grant program’’, to provide com4 petitive matching grants of varying amounts and 

5 technical assistance to eligible entities described in 

6 paragraph (2) to carry out activities described in sub7 section (b)(2). 

8 (2) ELIGIBLE ENTITIES.—The following entities 

9 are eligible to receive a grant and technical assistance 

10 under the grant program: 

11 (A) A State. 

12 (B) The District of Columbia. 

13 (C) A unit of local government. 

14 (D) A nonprofit organization. 

15 (E) An institution of higher education. 

16 (F) Any other entity that the Secretary de17 termines to be appropriate in accordance with 

18 the criteria established under paragraph (3). 

19 (3) CRITERIA.—The Secretary, in consultation 

20 with officials and entities described in subsection 

21 (b)(4), shall establish criteria for the grant program 

22 to help ensure that activities funded under this sub23 section— 

24 (A) accomplish 1 or more of the purposes 

25 described in subsection (b)(2); and 
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1 (B) advance the implementation of priority 

2 actions or needs identified in the Chesapeake 

3 Bay watershed-wide strategy adopted under sub4 section (b)(3)(B). 

5 (4) COST SHARING.— 

6 (A) DEPARTMENT OF THE INTERIOR

7 SHARE.—The Department of the Interior share 

8 of the cost of a project funded under the grant 

9 program shall not exceed 50 percent of the total 

10 cost of the project, as determined by the Sec11 retary. 

12 (B) NON-DEPARTMENT OF THE INTERIOR

13 SHARE.— 

14 (i) IN GENERAL.—The non-Department 

15 of the Interior share of the cost of a project 

16 funded under the grant program may be 

17 provided in cash or in the form of an in18 kind contribution of services or materials. 

19 (ii) OTHER FEDERAL FUNDING.—Non20 Department of the Interior Federal funds 

21 may be used for not more than 25 percent 

22 of the total cost of a project funded under 

23 the grant program. 

24 (5) ADMINISTRATION.—The Secretary may enter 

25 into an agreement to manage the grant program with 
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1 an organization that offers grant management serv2 ices. 

3 (d) REPORTING.—Not later than 180 days after the 

4 date of enactment of this Act, and annually thereafter, the 

5 Secretary shall submit to Congress a report describing the 

6 implementation of this section, including a description of 

7 each project that has received funding under this section. 

8 (e) AUTHORIZATION OF APPROPRIATIONS.— 

9 (1) IN GENERAL.—There is authorized to be ap10 propriated to carry out this section $15,000,000 for 

11 each of fiscal years 2021 through 2025. 

12 (2) SUPPLEMENT, NOT SUPPLANT.—Funds made 

13 available under paragraph (1) shall supplement, and 

14 not supplant, funding for other activities conducted 

15 by the Secretary in the Chesapeake Bay watershed. 

16 TITLE II—NATIONAL FISH HABI17 TAT CONSERVATION 

18 THROUGH PARTNERSHIPS 

19 SEC. 201. PURPOSE. 

20 The purpose of this title is to encourage partnerships 

21 among public agencies and other interested persons to pro22 mote fish conservation— 

23 (1) to achieve measurable habitat conservation 

24 results through strategic actions of Fish Habitat Part-
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1 nerships that lead to better fish habitat conditions 

2 and increased fishing opportunities by— 

3 (A) improving ecological conditions; 

4 (B) restoring natural processes; or 

5 (C) preventing the decline of intact and 

6 healthy systems; 

7 (2) to establish a consensus set of national con8 servation strategies as a framework to guide future 

9 actions and investment by Fish Habitat Partnerships; 

10 (3) to broaden the community of support for fish 

11 habitat conservation by— 

12 (A) increasing fishing opportunities; 

13 (B) fostering the participation of local com14 munities, especially young people in local com15 munities, in conservation activities; and 

16 (C) raising public awareness of the role 

17 healthy fish habitat play in the quality of life 

18 and economic well-being of local communities; 

19 (4) to fill gaps in the National Fish Habitat As20 sessment and the associated database of the National 

21 Fish Habitat Assessment— 

22 (A) to empower strategic conservation ac23 tions supported by broadly available scientific 

24 information; and 
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1 (B) to integrate socioeconomic data in the 

2 analysis to improve the lives of humans in a 

3 manner consistent with fish habitat conservation 

4 goals; and 

5 (5) to communicate to the public and conserva6 tion partners— 

7 (A) the conservation outcomes produced col8 lectively by Fish Habitat Partnerships; and 

9 (B) new opportunities and voluntary ap10 proaches for conserving fish habitat. 

11 SEC. 202. DEFINITIONS. 

12 In this title: 

13 (1) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional commit15 tees’’ means— 

16 (A) the Committee on Commerce, Science, 

17 and Transportation and the Committee on Envi18 ronment and Public Works of the Senate; and 

19 (B) the Committee on Natural Resources of 

20 the House of Representatives. 

21 (2) BOARD.—The term ‘‘Board’’ means the Na22 tional Fish Habitat Board established by section 203. 

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

24 Director of the United States Fish and Wildlife Serv25 ice. 
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1 (4) ENVIRONMENTAL PROTECTION AGENCY AS2 SISTANT ADMINISTRATOR.—The term ‘‘Environmental 

3 Protection Agency Assistant Administrator’’ means 

4 the Assistant Administrator for Water of the Environ5 mental Protection Agency. 

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

7 has the meaning given to the term ‘‘Indian tribe’’ in 

8 section 4 of the Indian Self-Determination and Edu9 cation Assistance Act (25 U.S.C. 5304). 

10 (6) NATIONAL OCEANIC AND ATMOSPHERIC AD11 MINISTRATION ASSISTANT ADMINISTRATOR.—The term 

12 ‘‘National Oceanic and Atmospheric Administration 

13 Assistant Administrator’’ means the Assistant Ad14 ministrator for Fisheries of the National Oceanic and 

15 Atmospheric Administration. 

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

17 means an entity designated by Congress as a Fish 

18 Habitat Partnership under section 204. 

19 (8) REAL PROPERTY INTEREST.—The term ‘‘real 

20 property interest’’ means an ownership interest in— 

21 (A) land; or 

22 (B) water (including water rights). 

23 (9) MARINE FISHERIES COMMISSIONS.—The 

24 term ‘‘Marine Fisheries Commissions’’ means— 
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1 (A) the Atlantic States Marine Fisheries 

2 Commission; 

3 (B) the Gulf States Marine Fisheries Com4 mission; and 

5 (C) the Pacific States Marine Commission. 

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

7 the Secretary of the Interior. 

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

9 the several States, Puerto Rico, American Samoa, 

10 Guam, the Northern Mariana Islands, the United 

11 States Virgin Islands, and the District of Columbia. 

12 (12) STATE AGENCY.—The term ‘‘State agency’’ 

13 means— 

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

15 and 

16 (B) any department or division of a depart17 ment or agency of a State that manages in the 

18 public trust the inland or marine fishery re19 sources of the State or sustains the habitat for 

20 those fishery resources pursuant to State law or 

21 the constitution of the State. 

22 SEC. 203. NATIONAL FISH HABITAT BOARD. 

23 (a) ESTABLISHMENT.— 
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1 (1) FISH HABITAT BOARD.—There is established 

2 a board, to be known as the ‘‘National Fish Habitat 

3 Board’’, whose duties are— 

4 (A) to promote, oversee, and coordinate the 

5 implementation of this title; 

6 (B) to establish national goals and prior7 ities for fish habitat conservation; 

8 (C) to recommend to Congress entities for 

9 designation as Partnerships; and 

10 (D) to review and make recommendations 

11 regarding fish habitat conservation projects. 

12 (2) MEMBERSHIP.—The Board shall be composed 

13 of 26 members, of whom— 

14 (A) one shall be a representative of the De15 partment of the Interior; 

16 (B) one shall be a representative of the 

17 United States Geological Survey; 

18 (C) one shall be a representative of the De19 partment of Commerce; 

20 (D) one shall be a representative of the De21 partment of Agriculture; 

22 (E) one shall be a representative of the As23 sociation of Fish and Wildlife Agencies; 

24 (F) four shall be representatives of State 

25 agencies, one of whom shall be nominated by a 
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1 regional association of fish and wildlife agencies 

2 from each of the Northeast, Southeast, Midwest, 

3 and Western regions of the United States; 

4 (G) two shall be representatives of either— 

5 (i) Indian Tribes in the State of Alas6 ka; or 

7 (ii) Indian Tribes in States other than 

8 the State of Alaska; 

9 (H) one shall be a representative of either— 

10 (i) the Regional Fishery Management 

11 Councils established under section 302 of the 

12 Magnuson-Stevens Fishery Conservation 

13 and Management Act (16 U.S.C. 1852); or 

14 (ii) a representative of the Marine 

15 Fisheries Commissions; 

16 (I) one shall be a representative of the 

17 Sportfishing and Boating Partnership Council; 

18 (J) seven shall be representatives selected 

19 from at least one from each of the following: 

20 (i) the recreational sportfishing indus21 try; 

22 (ii) the commercial fishing industry; 

23 (iii) marine recreational anglers; 

24 (iv) freshwater recreational anglers; 
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1 (v) habitat conservation organizations; 

2 and 

3 (vi) science-based fishery organizations; 

4 (K) one shall be a representative of a na5 tional private landowner organization; 

6 (L) one shall be a representative of an agri7 cultural production organization; 

8 (M) one shall be a representative of local 

9 government interests involved in fish habitat res10 toration; 

11 (N) two shall be representatives from dif12 ferent sectors of corporate industries, which may 

13 include— 

14 (i) natural resource commodity inter15 ests, such as petroleum or mineral extrac16 tion; 

17 (ii) natural resource user industries; 

18 and 

19 (iii) industries with an interest in fish 

20 and fish habitat conservation; and 

21 (O) one shall be a leadership private sector 

22 or landowner representative of an active partner23 ship. 

24 (3) COMPENSATION.—A member of the Board 

25 shall serve without compensation. 
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1 (4) TRAVEL EXPENSES.—A member of the Board 

2 may be allowed travel expenses, including per diem in 

3 lieu of subsistence, at rates authorized for an em4 ployee of an agency under subchapter I of chapter 57 

5 of title 5, United States Code, while away from the 

6 home or regular place of business of the member in 

7 the performance of the duties of the Board. 

8 (b) APPOINTMENT AND TERMS.— 

9 (1) IN GENERAL.—Except as otherwise provided 

10 in this section, a member of the Board described in 

11 any of subparagraphs (F) through (O) of subsection 

12 (a)(2) shall serve for a term of 3 years. 

13 (2) INITIAL BOARD MEMBERSHIP.— 

14 (A) IN GENERAL.—The initial Board shall 

15 consist of representatives as described in sub16 paragraphs (A) through (F) of subsection (a)(2). 

17 (B) REMAINING MEMBERS.—Not later than 

18 60 days after the date of enactment of this Act, 

19 the representatives of the initial Board under 

20 subparagraph (A) shall appoint the remaining 

21 members of the Board described in subpara22 graphs (H) through (O) of subsection (a)(2). 

23 (C) TRIBAL REPRESENTATIVES.—Not later 

24 than 60 days after the enactment of this Act, the 

25 Secretary shall provide to the Board a rec-
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1 ommendation of not fewer than three Tribal rep2 resentatives, from which the Board shall appoint 

3 one representative pursuant to subparagraph (G) 

4 of subsection (a)(2). 

5 (3) STAGGERED TERMS.—Of the members de6 scribed in subsection (a)(2)(J) initially appointed to 

7 the Board— 

8 (A) two shall be appointed for a term of 1 

9 year; 

10 (B) two shall be appointed for a term of 2 

11 years; and 

12 (C) three shall be appointed for a term of 

13 3 years. 

14 (4) VACANCIES.— 

15 (A) IN GENERAL.—A vacancy of a member 

16 of the Board described in subparagraph (H), (I), 

17 (J), (K), (L), (M), (N), or (O) of subsection 

18 (a)(2) shall be filled by an appointment made by 

19 the remaining members of the Board. 

20 (B) TRIBAL REPRESENTATIVES.—Following 

21 a vacancy of a member of the Board described in 

22 subparagraph (G) of subsection (a)(2), the Sec23 retary shall recommend to the Board a list of not 

24 fewer than three Tribal representatives, from 
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1 which the remaining members of the Board shall 

2 appoint a representative to fill the vacancy. 

3 (5) CONTINUATION OF SERVICE.—An individual 

4 whose term of service as a member of the Board ex5 pires may continue to serve on the Board until a suc6 cessor is appointed. 

7 (6) REMOVAL.—If a member of the Board de8 scribed in any of subparagraphs (H) through (O) of 

9 subparagraph (a)(2) misses three consecutive regu10 larly scheduled Board meetings, the members of the 

11 Board may— 

12 (A) vote to remove that member; and 

13 (B) appoint another individual in accord14 ance with paragraph (4). 

15 (c) CHAIRPERSON.— 

16 (1) IN GENERAL.—The representative of the As17 sociation of Fish and Wildlife Agencies appointed 

18 under subsection (a)(2)(E) shall serve as Chairperson 

19 of the Board. 

20 (2) TERM.—The Chairperson of the Board shall 

21 serve for a term of 3 years. 

22 (d) MEETINGS.— 

23 (1) IN GENERAL.—The Board shall meet— 

24 (A) at the call of the Chairperson; but 
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1 (B) not less frequently than twice each cal2 endar year. 

3 (2) PUBLIC ACCESS.—All meetings of the Board 

4 shall be open to the public. 

5 (e) PROCEDURES.— 

6 (1) IN GENERAL.—The Board shall establish pro7 cedures to carry out the business of the Board, includ8 ing— 

9 (A) a requirement that a quorum of the 

10 members of the Board be present to transact 

11 business; 

12 (B) a requirement that no recommendations 

13 may be adopted by the Board, except by the vote 

14 of two-thirds of all members; 

15 (C) procedures for establishing national 

16 goals and priorities for fish habitat conservation 

17 for the purposes of this title; 

18 (D) procedures for designating Partnerships 

19 under section 204; and 

20 (E) procedures for reviewing, evaluating, 

21 and making recommendations regarding fish 

22 habitat conservation projects. 

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

24 Board shall constitute a quorum. 
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1 SEC. 204. FISH HABITAT PARTNERSHIPS. 

2 (a) AUTHORITY TO RECOMMEND.—The Board may 

3 recommend to Congress the designation of Fish Habitat 

4 Partnerships in accordance with this section. 

5 (b) PURPOSES.—The purposes of a Partnership shall 

6 be— 

7 (1) to work with other regional habitat conserva8 tion programs to promote cooperation and coordina9 tion to enhance fish populations and fish habitats; 

10 (2) to engage local and regional communities to 

11 build support for fish habitat conservation; 

12 (3) to involve diverse groups of public and pri13 vate partners; 

14 (4) to develop collaboratively a strategic vision 

15 and achievable implementation plan that is scientif16 ically sound; 

17 (5) to leverage funding from sources that support 

18 local and regional partnerships; 

19 (6) to use adaptive management principles, in20 cluding evaluation of project success and 

21 functionality; 

22 (7) to develop appropriate local or regional habi23 tat evaluation and assessment measures and criteria 

24 that are compatible with national habitat condition 

25 measures; and 
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1 (8) to implement local and regional priority 

2 projects that improve conditions for fish and fish 

3 habitat. 

4 (c) CRITERIA FOR DESIGNATION.—An entity seeking 

5 to be designated by Congress as a Partnership shall— 

6 (1) submit to the Board an application at such 

7 time, in such manner, and containing such informa8 tion as the Board may reasonably require; and 

9 (2) demonstrate to the Board that the entity 

10 has— 

11 (A) a focus on promoting the health of im12 portant fish and fish habitats; 

13 (B) an ability to coordinate the implemen14 tation of priority projects that support the goals 

15 and national priorities set by the Board that are 

16 within the Partnership boundary; 

17 (C) a self-governance structure that sup18 ports the implementation of strategic priorities 

19 for fish habitat; 

20 (D) the ability to develop local and regional 

21 relationships with a broad range of entities to 

22 further strategic priorities for fish and fish habi23 tat; 

24 (E) a strategic plan that details required 

25 investments for fish habitat conservation that ad-
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1 dresses the strategic fish habitat priorities of the 

2 Partnership and supports and meets the strategic 

3 priorities of the Board; 

4 (F) the ability to develop and implement 

5 fish habitat conservation projects that address 

6 strategic priorities of the Partnership and the 

7 Board; and 

8 (G) the ability to develop fish habitat con9 servation priorities based on sound science and 

10 data, the ability to measure the effectiveness of 

11 fish habitat projects of the Partnership, and a 

12 clear plan as to how Partnership science and 

13 data components will be integrated with the 

14 overall Board science and data effort. 

15 (d) REQUIREMENTS FOR RECOMMENDATION TO CON16 GRESS.—The Board may recommend to Congress for des17 ignation an application for a Partnership submitted under 

18 subsection (c) if the Board determines that the applicant— 

19 (1) meets the criteria described in subsection 

20 (c)(2); 

21 (2) identifies representatives to provide support 

22 and technical assistance to the Partnership from a di23 verse group of public and private partners, which 

24 may include State or local governments, nonprofit en25 tities, Indian Tribes, and private individuals, that 
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1 are focused on conservation of fish habitats to achieve 

2 results across jurisdictional boundaries on public and 

3 private land; 

4 (3) is organized to promote the health of impor5 tant fish species and important fish habitats, includ6 ing reservoirs, natural lakes, coastal and marine en7 vironments, coral reefs, and estuaries; 

8 (4) identifies strategic fish and fish habitat pri9 orities for the Partnership area in the form of geo10 graphical focus areas or key stressors or impairments 

11 to facilitate strategic planning and decision making; 

12 (5) is able to address issues and priorities on a 

13 nationally significant scale; 

14 (6) includes a governance structure that— 

15 (A) reflects the range of all partners; and 

16 (B) promotes joint strategic planning and 

17 decision making by the applicant; 

18 (7) demonstrates completion of, or significant 

19 progress toward the development of, a strategic plan 

20 to address declines in fish populations, rather than 

21 simply treating symptoms, in accordance with the 

22 goals and national priorities established by the 

23 Board; and 
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1 (8) promotes collaboration in developing a stra2 tegic vision and implementation program that is sci3 entifically sound and achievable. 

4 (e) REPORT TO CONGRESS.— 

5 (1) IN GENERAL.—Not later than February 1 of 

6 the first fiscal year beginning after the date of enact7 ment of this Act and each February 1 thereafter, the 

8 Board shall develop and submit to the appropriate 

9 congressional committees an annual report, to be enti10 tled ‘‘Report to Congress on Future Fish Habitat 

11 Partnerships and Modifications’’, that— 

12 (A) identifies each entity that— 

13 (i) meets the requirements described in 

14 subsection (d); and 

15 (ii) the Board recommends to Congress 

16 for designation as a Partnership; 

17 (B) describes any proposed modifications to 

18 a Partnership previously designated by Congress 

19 under subsection (f); 

20 (C) with respect to each entity recommended 

21 for designation as a Partnership, describes, to 

22 the maximum extent practicable— 

23 (i) the purpose of the recommended 

24 Partnership; and 
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1 (ii) how the recommended Partnership 

2 fulfills the requirements described in sub3 section (d). 

4 (2) PUBLIC AVAILABILITY; NOTIFICATION.—The 

5 Board shall— 

6 (A) make the report publicly available, in7 cluding on the internet; and 

8 (B) provide to the appropriate congressional 

9 committees and the State agency of any State 

10 included in a recommended Partnership area 

11 written notification of the public availability of 

12 the report. 

13 (f) DESIGNATION OR MODIFICATION OF PARTNER14 SHIP.—Congress shall have the exclusive authority to des15 ignate or modify a Partnership. 

16 (g) EXISTING PARTNERSHIPS.— 

17 (1) DESIGNATION REVIEW.—Not later than 5 

18 years after the date of enactment of this Act, any 

19 partnership receiving Federal funds as of the date of 

20 enactment of this Act shall be subject to a designation 

21 review by Congress in which Congress shall have the 

22 opportunity to designate the partnership under sub23 section (f). 

24 (2) INELIGIBILITY FOR FEDERAL FUNDS.—A 

25 partnership referred to in paragraph (1) that Con-
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1 gress does not designate as described in that para2 graph shall be ineligible to receive Federal funds 

3 under this title. 

4 SEC. 205. FISH HABITAT CONSERVATION PROJECTS. 

5 (a) SUBMISSION TO BOARD.—Not later than March 31 

6 of each year, each Partnership shall submit to the Board 

7 a list of priority fish habitat conservation projects rec8 ommended by the Partnership for annual funding under 

9 this title. 

10 (b) RECOMMENDATIONS BY BOARD.—Not later than 

11 July 1 of each year, the Board shall submit to the Secretary 

12 a priority list of fish habitat conservation projects that in13 cludes a description, including estimated costs, of each 

14 project that the Board recommends that the Secretary ap15 prove and fund under this title for the following fiscal year. 

16 (c) CRITERIA FOR PROJECT SELECTION.—The Board 

17 shall select each fish habitat conservation project rec18 ommended to the Secretary under subsection (b) after tak19 ing into consideration, at a minimum, the following infor20 mation: 

21 (1) A recommendation of the Partnership that is, 

22 or will be, participating actively in implementing the 

23 fish habitat conservation project. 
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1 (2) The capabilities and experience of project 

2 proponents to implement successfully the proposed 

3 project. 

4 (3) The extent to which the fish habitat conserva5 tion project— 

6 (A) fulfills a local or regional priority that 

7 is directly linked to the strategic plan of the 

8 Partnership and is consistent with the purpose 

9 of this title; 

10 (B) addresses the national priorities estab11 lished by the Board; 

12 (C) is supported by the findings of the habi13 tat assessment of the Partnership or the Board, 

14 and aligns or is compatible with other conserva15 tion plans; 

16 (D) identifies appropriate monitoring and 

17 evaluation measures and criteria that are com18 patible with national measures; 

19 (E) provides a well-defined budget linked to 

20 deliverables and outcomes; 

21 (F) leverages other funds to implement the 

22 project; 

23 (G) addresses the causes and processes be24 hind the decline of fish or fish habitats; and 
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1 (H) includes an outreach or education com2 ponent that includes the local or regional com3 munity. 

4 (4) The availability of sufficient non-Federal 

5 funds to match Federal contributions for the fish 

6 habitat conservation project, as required by subsection 

7 (e). 

8 (5) The extent to which the fish habitat conserva9 tion project— 

10 (A) will increase fish populations in a 

11 manner that leads to recreational fishing oppor12 tunities for the public; 

13 (B) will be carried out through a coopera14 tive agreement among Federal, State, and local 

15 governments, Indian Tribes, and private entities; 

16 (C) increases public access to land or water 

17 for fish and wildlife-dependent recreational op18 portunities; 

19 (D) advances the conservation of fish and 

20 wildlife species that have been identified by a 

21 State agency as species of greatest conservation 

22 need; 

23 (E) where appropriate, advances the con24 servation of fish and fish habitats under the 

25 Magnuson-Stevens Fishery Conservation and 
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1 Management Act (16 U.S.C. 1801 et seq.) and 

2 other relevant Federal law and State wildlife ac3 tion plans; and 

4 (F) promotes strong and healthy fish habi5 tats so that desired biological communities are 

6 able to persist and adapt. 

7 (6) The substantiality of the character and de8 sign of the fish habitat conservation project. 

9 (d) LIMITATIONS.— 

10 (1) REQUIREMENTS FOR EVALUATION.—No fish 

11 habitat conservation project may be recommended by 

12 the Board under subsection (b) or provided financial 

13 assistance under this title unless the fish habitat con14 servation project includes an evaluation plan de15 signed using applicable Board guidance— 

16 (A) to appropriately assess the biological, 

17 ecological, or other results of the habitat protec18 tion, restoration, or enhancement activities car19 ried out using the assistance; 

20 (B) to reflect appropriate changes to the fish 

21 habitat conservation project if the assessment 

22 substantiates that the fish habitat conservation 

23 project objectives are not being met; 

24 (C) to identify improvements to existing 

25 fish populations, recreational fishing opportuni-
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1 ties, and the overall economic benefits for the 

2 local community of the fish habitat conservation 

3 project; and 

4 (D) to require the submission to the Board 

5 of a report describing the findings of the assess6 ment. 

7 (2) ACQUISITION AUTHORITIES.— 

8 (A) IN GENERAL.—A State, local govern9 ment, or other non-Federal entity is eligible to 

10 receive funds for the acquisition of real property 

11 from willing sellers under this title if the acqui12 sition ensures— 

13 (i) public access for fish and wildlife14 dependent recreation; or 

15 (ii) a scientifically based, direct en16 hancement to the health of fish and fish 

17 populations, as determined by the Board. 

18 (B) STATE AGENCY APPROVAL.— 

19 (i) IN GENERAL.—All real property in20 terest acquisition projects funded under this 

21 title must be approved by the State agency 

22 in the State in which the project is occur23 ring. 

24 (ii) PROHIBITION.—The Board may 

25 not recommend, and the Secretary may not 
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1 provide any funding for, any real property 

2 interest acquisition that has not been ap3 proved by the State agency. 

4 (C) ASSESSMENT OF OTHER AUTHORI5 TIES.—The Board may not recommend, and the 

6 Secretary may not provide any funding under 

7 this title for, any real property interest acquisi8 tion unless the Partnership that recommended 

9 the project has conducted a project assessment, 

10 submitted with the funding request and approved 

11 by the Board, to demonstrate all other Federal, 

12 State, and local authorities for the acquisition of 

13 real property have been exhausted. 

14 (D) RESTRICTIONS.—A real property inter15 est may not be acquired pursuant to a fish habi16 tat conservation project by a State, local govern17 ment, or other non-Federal entity conducted with 

18 funds provided under this title, unless— 

19 (i) the owner of the real property au20 thorizes the State, local government, or 

21 other non-Federal entity to acquire the real 

22 property; and 

23 (ii) the Secretary and the Board deter24 mine that the State, local government, or 

25 other non-Federal entity would benefit from 
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1 undertaking the management of the real 

2 property being acquired because that is in 

3 accordance with the goals of a Partnership. 

4 (e) NON-FEDERAL CONTRIBUTIONS.— 

5 (1) IN GENERAL.—Except as provided in para6 graphs (2) and (4), no fish habitat conservation 

7 project may be recommended by the Board under sub8 section (b) or provided financial assistance under this 

9 title unless at least 50 percent of the cost of the fish 

10 habitat conservation project will be funded with non11 Federal funds. 

12 (2) NON-FEDERAL SHARE.—Such non-Federal 

13 share of the cost of a fish habitat conservation 

14 project— 

15 (A) may not be derived from another Fed16 eral grant program; and 

17 (B) may include in-kind contributions and 

18 cash. 

19 (3) SPECIAL RULE FOR INDIAN TRIBES.—Not20 withstanding paragraph (1) or any other provision of 

21 law, any funds made available to an Indian Tribe 

22 pursuant to this title may be considered to be non23 Federal funds for the purpose of paragraph (1). 

24 (4) WAIVER AUTHORITY.—The Secretary, in con25 sultation with the Secretary of Commerce with respect 
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1 to marine or estuarine projects, may waive the appli2 cation of paragraph (2)(A) with respect to a State or 

3 an Indian Tribe, or otherwise reduce the portion of 

4 the non-Federal share of the cost of an activity re5 quired to be paid by a State or an Indian Tribe 

6 under paragraph (1), if the Secretary determines that 

7 the State or Indian Tribe does not have sufficient 

8 funds not derived from another Federal grant pro9 gram to pay such non-Federal share, or portion of the 

10 non-Federal share, without the use of loans. 

11 (f) APPROVAL.— 

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

13 the date of receipt of the recommended priority list of 

14 fish habitat conservation projects under subsection 

15 (b), and subject to subsection (d) and based, to the 

16 maximum extent practicable, on the criteria described 

17 in subsection (c), the Secretary, after consulting with 

18 the Secretary of Commerce on marine or estuarine 

19 projects, shall approve or reject any fish habitat con20 servation project recommended by the Board. 

21 (2) FUNDING.—If the Secretary approves a fish 

22 habitat conservation project under paragraph (1), the 

23 Secretary shall use amounts made available to carry 

24 out this title to provide funds to carry out the fish 

25 habitat conservation project. 
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1 (3) NOTIFICATION.—If the Secretary rejects 

2 under paragraph (1) any fish habitat conservation 

3 project recommended by the Board, not later than 90 

4 days after the date of receipt of the recommendation, 

5 the Secretary shall provide to the Board, the appro6 priate Partnership, and the appropriate congressional 

7 committees a written statement of the reasons that the 

8 Secretary rejected the fish habitat conservation 

9 project. 

10 SEC. 206. TECHNICAL AND SCIENTIFIC ASSISTANCE. 

11 (a) IN GENERAL.—The Director, the National Oceanic 

12 and Atmospheric Administration Assistant Administrator, 

13 the Environmental Protection Agency Assistant Adminis14 trator, and the Director of the United States Geological 

15 Survey, in coordination with the Forest Service and other 

16 appropriate Federal departments and agencies, may pro17 vide scientific and technical assistance to Partnerships, 

18 participants in fish habitat conservation projects, and the 

19 Board. 

20 (b) INCLUSIONS.—Scientific and technical assistance 

21 provided under subsection (a) may include— 

22 (1) providing technical and scientific assistance 

23 to States, Indian Tribes, regions, local communities, 

24 and nongovernmental organizations in the develop25 ment and implementation of Partnerships; 
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1 (2) providing technical and scientific assistance 

2 to Partnerships for habitat assessment, strategic plan3 ning, and prioritization; 

4 (3) supporting the development and implementa5 tion of fish habitat conservation projects that are 

6 identified as high priorities by Partnerships and the 

7 Board; 

8 (4) supporting and providing recommendations 

9 regarding the development of science-based monitoring 

10 and assessment approaches for implementation 

11 through Partnerships; 

12 (5) supporting and providing recommendations 

13 for a national fish habitat assessment; 

14 (6) ensuring the availability of experts to assist 

15 in conducting scientifically based evaluation and re16 porting of the results of fish habitat conservation 

17 projects; and 

18 (7) providing resources to secure State agency 

19 scientific and technical assistance to support Partner20 ships, participants in fish habitat conservation 

21 projects, and the Board. 

22 SEC. 207. COORDINATION WITH STATES AND INDIAN 

23 TRIBES. 

24 The Secretary shall provide a notice to, and cooperate 

25 with, the appropriate State agency or Tribal agency, as ap-
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1 plicable, of each State and Indian Tribe within the bound2 aries of which an activity is planned to be carried out pur3 suant to this title, including notification, by not later than 

4 30 days before the date on which the activity is imple5 mented. 

6 SEC. 208. INTERAGENCY OPERATIONAL PLAN. 

7 Not later than 1 year after the date of enactment of 

8 this Act, and every 5 years thereafter, the Director, in co9 operation with the National Oceanic and Atmospheric Ad10 ministration Assistant Administrator, the Environmental 

11 Protection Agency Assistant Administrator, the Director of 

12 the United States Geological Survey, and the heads of other 

13 appropriate Federal departments and agencies (including, 

14 at a minimum, those agencies represented on the Board) 

15 shall develop an interagency operational plan that de16 scribes— 

17 (1) the functional, operational, technical, sci18 entific, and general staff, administrative, and mate19 rial needs for the implementation of this title; and 

20 (2) any interagency agreements between or 

21 among Federal departments and agencies to address 

22 those needs. 

23 SEC. 209. ACCOUNTABILITY AND REPORTING. 

24 (a) REPORTING.— 
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1 (1) IN GENERAL.—Not later than 5 years after 

2 the date of enactment of this Act, and every 5 years 

3 thereafter, the Board shall submit to the appropriate 

4 congressional committees a report describing the 

5 progress of this title. 

6 (2) CONTENTS.—Each report submitted under 

7 paragraph (1) shall include— 

8 (A) an estimate of the number of acres, 

9 stream miles, or acre-feet, or other suitable meas10 ures of fish habitat, that was maintained or im11 proved by Partnerships under this title during 

12 the 5-year period ending on the date of submis13 sion of the report; 

14 (B) a description of the public access to fish 

15 habitats established or improved under this title 

16 during that 5-year period; 

17 (C) a description of the improved opportu18 nities for public recreational fishing achieved 

19 under this title; and 

20 (D) an assessment of the status of fish habi21 tat conservation projects carried out with funds 

22 provided under this title during that period, 

23 disaggregated by year, including— 
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1 (i) a description of the fish habitat 

2 conservation projects recommended by the 

3 Board under section 205(b); 

4 (ii) a description of each fish habitat 

5 conservation project approved by the Sec6 retary under section 205(f), in order of pri7 ority for funding; 

8 (iii) a justification for— 

9 (I) the approval of each fish habi10 tat conservation project; and 

11 (II) the order of priority for fund12 ing of each fish habitat conservation 

13 project; 

14 (iv) a justification for any rejection of 

15 a fish habitat conservation project rec16 ommended by the Board under section 

17 205(b) that was based on a factor other 

18 than the criteria described in section 205(c); 

19 and 

20 (v) an accounting of expenditures by 

21 Federal, State, or local governments, Indian 

22 Tribes, or other entities to carry out fish 

23 habitat conservation projects under this 

24 title. 
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1 (b) STATUS AND TRENDS REPORT.—Not later than 

2 December 31, 2021, and every 5 years thereafter, the Board 

3 shall submit to the appropriate congressional committees a 

4 report that includes— 

5 (1) a status of all Partnerships designated under 

6 this title; 

7 (2) a description of the status of fish habitats in 

8 the United States as identified by designated Partner9 ships; and 

10 (3) enhancements or reductions in public access 

11 as a result of— 

12 (A) the activities of the Partnerships; or 

13 (B) any other activities carried out pursu14 ant to this title. 

15 SEC. 210. EFFECT OF THIS TITLE. 

16 (a) WATER RIGHTS.—Nothing in this title— 

17 (1) establishes any express or implied reserved 

18 water right in the United States for any purpose; 

19 (2) affects any water right in existence on the 

20 date of enactment of this Act; 

21 (3) preempts or affects any State water law or 

22 interstate compact governing water; or 

23 (4) affects any Federal or State law in existence 

24 on the date of enactment of the Act regarding water 

25 quality or water quantity. 
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1 (b) AUTHORITY TO ACQUIRE WATER RIGHTS OR

2 RIGHTS TO PROPERTY.—Only a State, local government, 

3 or other non-Federal entity may acquire, under State law, 

4 water rights or rights to property with funds made avail5 able through section 212. 

6 (c) STATE AUTHORITY.—Nothing in this title— 

7 (1) affects the authority, jurisdiction, or respon8 sibility of a State to manage, control, or regulate fish 

9 and wildlife under the laws and regulations of the 

10 State; or 

11 (2) authorizes the Secretary to control or regu12 late within a State the fishing or hunting of fish and 

13 wildlife. 

14 (d) EFFECT ON INDIAN TRIBES.—Nothing in this title 

15 abrogates, abridges, affects, modifies, supersedes, or alters 

16 any right of an Indian Tribe recognized by treaty or any 

17 other means, including— 

18 (1) an agreement between the Indian Tribe and 

19 the United States; 

20 (2) Federal law (including regulations); 

21 (3) an Executive order; or 

22 (4) a judicial decree. 

23 (e) ADJUDICATION OF WATER RIGHTS.—Nothing in 

24 this title diminishes or affects the ability of the Secretary 

25 to join an adjudication of rights to the use of water pursu-
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1 ant to subsection (a), (b), or (c) of section 208 of the Depart2 ments of State, Justice, Commerce, and The Judiciary Ap3 propriation Act, 1953 (43 U.S.C. 666). 

4 (f) DEPARTMENT OF COMMERCE AUTHORITY.—Noth5 ing in this title affects the authority, jurisdiction, or respon6 sibility of the Department of Commerce to manage, control, 

7 or regulate fish or fish habitats under the Magnuson-Stevens 

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

9 1801 et seq.). 

10 (g) EFFECT ON OTHER AUTHORITIES.— 

11 (1) PRIVATE PROPERTY PROTECTION.—Nothing 

12 in this title permits the use of funds made available 

13 to carry out this title to acquire real property or a 

14 real property interest without the written consent of 

15 each owner of the real property or real property in16 terest, respectively. 

17 (2) MITIGATION.—Nothing in this title author18 izes the use of funds made available to carry out this 

19 title for fish and wildlife mitigation purposes 

20 under— 

21 (A) the Federal Water Pollution Control Act 

22 (33 U.S.C. 1251 et seq.); 

23 (B) the Fish and Wildlife Coordination Act 

24 (16 U.S.C. 661 et seq.); 
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1 (C) the Water Resources Development Act of 

2 1986 (Public Law 99–662; 100 Stat. 4082); or 

3 (D) any other Federal law or court settle4 ment. 

5 (3) CLEAN WATER ACT.—Nothing in this title af6 fects any provision of the Federal Water Pollution 

7 Control Act (33 U.S.C. 1251 et seq.), including any 

8 definition in that Act. 

9 SEC. 211. NONAPPLICABILITY OF FEDERAL ADVISORY COM10 MITTEE ACT. 

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

12 shall not apply to— 

13 (1) the Board; or 

14 (2) any Partnership. 

15 SEC. 212. FUNDING. 

16 (a) AUTHORIZATION OF APPROPRIATIONS.— 

17 (1) FISH HABITAT CONSERVATION PROJECTS.— 

18 There is authorized to be appropriated to the Sec19 retary $7,200,000 for each of fiscal years 2021 

20 through 2025 to provide funds for fish habitat con21 servation projects approved under section 205(f), of 

22 which 5 percent is authorized only for projects carried 

23 out by Indian Tribes. 

24 (2) ADMINISTRATIVE AND PLANNING EX25 PENSES.—There is authorized to be appropriated to 
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1 the Secretary for each of fiscal years 2021 through 

2 2025 an amount equal to 5 percent of the amount ap3 propriated for the applicable fiscal year pursuant to 

4 paragraph (1)— 

5 (A) for administrative and planning ex6 penses under this title; and 

7 (B) to carry out section 209. 

8 (3) TECHNICAL AND SCIENTIFIC ASSISTANCE.— 

9 There is authorized to be appropriated for each of fis10 cal years 2021 through 2025 to carry out, and pro11 vide technical and scientific assistance under, section 

12 206— 

13 (A) $400,000 to the Secretary for use by the 

14 United States Fish and Wildlife Service; 

15 (B) $400,000 to the National Oceanic and 

16 Atmospheric Administration Assistant Adminis17 trator for use by the National Oceanic and At18 mospheric Administration; 

19 (C) $400,000 to the Environmental Protec20 tion Agency Assistant Administrator for use by 

21 the Environmental Protection Agency; 

22 (D) $400,000 to the Secretary for use by the 

23 United States Geological Survey; and 
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1 (E) $400,000 to the Secretary of Agri2 culture, acting through the Chief of the Forest 

3 Service, for use by the Forest Service. 

4 (b) AGREEMENTS AND GRANTS.—The Secretary 

5 may— 

6 (1) on the recommendation of the Board, and 

7 notwithstanding sections 6304 and 6305 of title 31, 

8 United States Code, and the Federal Financial Assist9 ance Management Improvement Act of 1999 (31 

10 U.S.C. 6101 note; Public Law 106–107), enter into a 

11 grant agreement, cooperative agreement, or contract 

12 with a Partnership or other entity to provide funds 

13 authorized by this title for a fish habitat conservation 

14 project or restoration or enhancement project; 

15 (2) apply for, accept, and, subject to the avail16 ability of appropriations, use a grant from any indi17 vidual or entity to carry out the purposes of this title; 

18 and 

19 (3) subject to the availability of appropriations, 

20 make funds authorized by this Act available to any 

21 Federal department or agency for use by that depart22 ment or agency to provide grants for any fish habitat 

23 protection project, restoration project, or enhancement 

24 project that the Secretary determines to be consistent 

25 with this title. 
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1 (c) DONATIONS.— 

2 (1) IN GENERAL.—The Secretary may— 

3 (A) enter into an agreement with any orga4 nization described in section 501(c)(3) of the In5 ternal Revenue Code of 1986 that is exempt from 

6 taxation under section 501(a) of that Code to so7 licit private donations to carry out the purposes 

8 of this title; and 

9 (B) accept donations of funds, property, 

10 and services to carry out the purposes of this 

11 title. 

12 (2) TREATMENT.—A donation accepted under 

13 this title— 

14 (A) shall be considered to be a gift or be15 quest to, or otherwise for the use of, the United 

16 States; and 

17 (B) may be— 

18 (i) used directly by the Secretary; or 

19 (ii) provided to another Federal de20 partment or agency through an interagency 

21 agreement. 

22 SEC. 213. PROHIBITION AGAINST IMPLEMENTATION OF 

23 REGULATORY AUTHORITY BY FEDERAL AGEN24 CIES THROUGH PARTNERSHIPS. 

25 Any Partnership designated under this title— 
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1 (1) shall be for the sole purpose of promoting fish 

2 conservation; and 

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

5 TITLE III—MISCELLANEOUS 

6 SEC. 301. SENSE OF THE SENATE REGARDING CONSERVA7 TION AGREEMENTS AND ACTIVITIES. 

8 It is the sense of the Senate that— 

9 (1) voluntary conservation agreements benefit 

10 species and the habitats on which the species rely; 

11 (2) States, Indian Tribes, units of local govern12 ment, landowners, and other stakeholders should be 

13 encouraged to participate in voluntary conservation 

14 agreements; and 

15 (3) the Secretary of the Interior, acting through 

16 the Director of the United States Fish and Wildlife 

17 Service, and the Secretary of Commerce, acting 

18 through the Assistant Administrator of the National 

19 Marine Fisheries Service, should consider the enroll20 ment in, and performance of, conservation agreements 

21 and investment in, and implementation of, general 

22 conservation activities by States, Indian Tribes, units 

23 of local government, landowners, and other stake24 holders in making determinations under the Endan25 gered Species Act of 1973 (16 U.S.C. 1531 et seq.). 
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1 SEC. 302. STUDY TO REVIEW CONSERVATION FACTORS. 

2 (a) DEFINITION OF SECRETARIES.—In this section, 

3 the term ‘‘Secretaries’’ means— 

4 (1) the Secretary of Agriculture; 

5 (2) the Secretary of Commerce, acting through 

6 the Assistant Administrator of the National Marine 

7 Fisheries Service; and 

8 (3) the Secretary of the Interior, acting through 

9 the Director of the United States Fish and Wildlife 

10 Service. 

11 (b) STUDY.—To assess factors affecting successful con12 servation activities under the Endangered Species Act of 

13 1973 (16 U.S.C. 1531 et seq.), the Secretaries shall carry 

14 out a study— 

15 (1) to review any factors that threaten or endan16 ger a species for which a listing under the Endan17 gered Species Act of 1973 (16 U.S.C. 1531 et seq.) 

18 would not contribute to the conservation of the spe19 cies; 

20 (2) to review any barriers to— 

21 (A) the delivery of Federal, State, local, or 

22 private funds for such conservation activities, in23 cluding statutory or regulatory impediments, 

24 staffing needs, and other relevant considerations; 

25 or 
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1 (B) the implementation of conservation 

2 agreements, plans, or other cooperative agree3 ments, including agreements focused on vol4 untary activities, multispecies efforts, and other 

5 relevant considerations; 

6 (3) to review factors that impact the ability of 

7 the Federal Government to successfully implement the 

8 Endangered Species Act of 1973 (16 U.S.C. 1531 et 

9 seq.); 

10 (4) to develop recommendations regarding meth11 ods to address barriers identified under paragraph 

12 (2), if any; 

13 (5) to review determinations under the Endan14 gered Species Act of 1973 (16 U.S.C. 1531 et seq.) in 

15 which a species is determined to be recovered by the 

16 Secretary of the Interior, acting through the Director 

17 of the United States Fish and Wildlife Service, or the 

18 Secretary of Commerce, acting through the Assistant 

19 Administrator of the National Marine Fisheries Serv20 ice, but remains listed under that Act, including— 

21 (A) an explanation of the factors preventing 

22 a delisting or downlisting of the species; and 

23 (B) recommendations regarding methods to 

24 address the factors described in subparagraph 

25 (A); and 
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1 (6) to review any determinations under the En2 dangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 

3 in which a species has been identified as needing list4 ing or uplisting under that Act but remains unlisted 

5 or listed as a threatened species, respectively, includ6 ing— 

7 (A) an explanation of the factors preventing 

8 a listing or uplisting of the species; and 

9 (B) recommendations regarding methods to 

10 address the factors described in subparagraph 

11 (A). 

12 (c) REPORT.—Not later than 1 year after the date of 

13 enactment of this Act, the Secretaries shall submit to the 

14 Committees on Appropriations and Environment and Pub15 lic Works of the Senate and the Committees on Appropria16 tions and Natural Resources of the House of Representatives 

17 and make publicly available a report describing the results 

18 of the study under subsection (b). 

19 SEC. 303. STUDY AND REPORT ON EXPENDITURES. 

20 (a) REPORTS ON EXPENDITURES.— 

21 (1) FEDERAL DEPARTMENTS AND AGENCIES.— 

22 (A) IN GENERAL.—At the determination of 

23 the Comptroller General of the United States (re24 ferred to in this section as the ‘‘Comptroller Gen25 eral’’), to facilitate the preparation of the reports 
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1 from the Comptroller General under paragraph 

2 (2), the head of each Federal department and 

3 agency shall submit to the Comptroller General 

4 data and other relevant information that de5 scribes the amounts expended or disbursed (in6 cluding through loans, loan guarantees, grants, 

7 or any other financing mechanism) by the de8 partment or agency as a direct result of any pro9 vision of the Endangered Species Act of 1973 (16 

10 U.S.C. 1531 et seq.) (including any regulation 

11 promulgated pursuant to that Act) during— 

12 (i) with respect to the first report 

13 under paragraph (2), the 3 fiscal years pre14 ceding the date of submission of the report; 

15 and 

16 (ii) with respect to the second report 

17 under paragraph (2), the 2 fiscal years pre18 ceding the date of submission of the report. 

19 (B) REQUIREMENTS.—Data and other rel20 evant information submitted under subpara21 graph (A) shall describe, with respect to the ap22 plicable amounts— 

23 (i) the programmatic office of the de24 partment or agency on behalf of which each 

25 amount was expended or disbursed; 
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1 (ii) the provision of the Endangered 

2 Species Act of 1973 (16 U.S.C. 1531 et seq.) 

3 (or regulation promulgated pursuant to that 

4 Act) pursuant to which each amount was 

5 expended or disbursed; and 

6 (iii) the project or activity carried out 

7 using each amount, in detail sufficient to 

8 reflect the breadth, scope, and purpose of the 

9 project or activity. 

10 (2) COMPTROLLER GENERAL.—Not later than 2 

11 years and 4 years after the date of enactment of this 

12 Act, the Comptroller General shall submit to the Com13 mittees on Appropriations, Commerce, Science, and 

14 Transportation, and Environment and Public Works 

15 of the Senate and the Committee on Appropriations 

16 and Natural Resources of the House of Representa17 tives a report that describes— 

18 (A) the aggregate amount expended or dis19 bursed by all Federal departments and agencies 

20 as a direct result of any provision of the Endan21 gered Species Act of 1973 (16 U.S.C. 1531 et 

22 seq.) (including any regulation promulgated 

23 pursuant to that Act) during— 
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1 (i) with respect to the first report, the 

2 3 fiscal years preceding the date of submis3 sion of the report; and 

4 (ii) with respect to the second report, 

5 the 2 fiscal years preceding the date of sub6 mission of the report; 

7 (B) the provision of the Endangered Species 

8 Act of 1973 (16 U.S.C. 1531 et seq.) (or regula9 tion promulgated pursuant to that Act) pursuant 

10 to which each such amount was expended or dis11 bursed; and 

12 (C) with respect to each relevant depart13 ment or agency— 

14 (i) the total amount expended or dis15 bursed by the department or agency as de16 scribed in subparagraph (A); and 

17 (ii) the information described in 

18 clauses (i) through (iii) of paragraph 

19 (1)(B). 

20 (b) REPORT ON CONSERVATION ACTIVITIES.— 

21 (1) FEDERAL DEPARTMENTS AND AGENCIES.—At 

22 the determination of the Comptroller General, to fa23 cilitate the preparation of the report under paragraph 

24 (2), the head of each Federal department and agency 

25 shall submit to the Comptroller General data and 
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1 other relevant information that describes the conserva2 tion activities by the Federal department or agency as 

3 a direct result of any provision of the Endangered 

4 Species Act of 1973 (16 U.S.C. 1531 et seq.) (includ5 ing any regulation promulgated pursuant to that Act) 

6 during— 

7 (A) with respect to the first report under 

8 paragraph (2), the 3 fiscal years preceding the 

9 date of submission of the report; and 

10 (B) with respect to the second report under 

11 paragraph (2), the 2 fiscal years preceding the 

12 date of submission of the report. 

13 (2) COMPTROLLER GENERAL.—Not later than 2 

14 years and 4 years after the date of enactment of this 

15 Act, the Comptroller General shall submit to the Com16 mittees on Commerce, Science, and Transportation 

17 and Environment and Public Works of the Senate 

18 and the Committee on Natural Resources of the House 

19 of Representatives a report that— 

20 (A) describes the conservation activities by 

21 all Federal departments and agencies for species 

22 listed as a threatened species or endangered spe23 cies under the Endangered Species Act of 1973 

24 (16 U.S.C. 1531 et seq.), as reported under para25 graph (1), during— 
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1 (i) with respect to the first report, the 

2 3 fiscal years preceding the date of submis3 sion of the report; and 

4 (ii) with respect to the second report, 

5 the 2 fiscal years preceding the date of sub6 mission of the report; 

7 (B) is organized into categories with respect 

8 to whether a recovery plan for a species has been 

9 established; 

10 (C) includes conservation outcomes associ11 ated with the conservation activities; and 

12 (D) as applicable, describes the conservation 

13 activities that required interaction between Fed14 eral agencies and between Federal agencies and 

15 State and Tribal agencies and units of local gov16 ernment pursuant to the Endangered Species Act 

17 of 1973 (16 U.S.C. 1531 et seq.). 

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

19 The Pittman-Robertson Wildlife Restoration Act (16 

20 U.S.C. 669 et seq.) is amended— 

21 (1) by redesignating section 13 as section 14; 

22 and 

23 (2) by inserting after section 12 the following: 
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1 ‘‘SEC. 13. VALUE OF LAND. 

2 ‘‘Notwithstanding any other provision of law, any in3 stitution eligible to receive Federal funds under the Agricul4 tural Research, Extension, and Education Reform Act of 

5 1998 (7 U.S.C. 7601 et seq.) shall be allowed to use the 

6 value of any land owned by the institution as an in-kind 

7 match to satisfy any cost sharing requirement under this 

8 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