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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3525 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 504
112th CONGRESS
  2d Session
                                S. 3525

To protect and enhance opportunities for recreational hunting, fishing, 
                 and shooting, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 10, 2012

Mr. Tester introduced the following bill; which was read the first time

                           September 11, 2012

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
To protect and enhance opportunities for recreational hunting, fishing, 
                 and shooting, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Sportsmen's Act of 
2012''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
          TITLE I--HUNTING, FISHING, AND RECREATIONAL SHOOTING

             Subtitle A--Hunting and Recreational Shooting

Sec. 101. Making public land public.
Sec. 102. Permits for importation of polar bear trophies taken in sport 
                            hunts in Canada.
Sec. 103. Transporting bows through National Parks.
     Subtitle B--Target Practice and Marksmanship Training Support

Sec. 111. Target practice and marksmanship training.
Sec. 112. Findings; purpose.
Sec. 113. Definition of public target range.
Sec. 114. Amendments to Pittman-Robertson Wildlife Restoration Act.
Sec. 115. Sense of Congress regarding cooperation.
                          Subtitle C--Fishing

Sec. 121. Modification of definition of toxic substance to exclude 
                            sport fishing equipment.
Sec. 122. Prohibition on sale of billfish.
Sec. 123. Report on artificial reefs in the Gulf of Mexico.
                    TITLE II--NATIONAL FISH HABITAT

                   Subtitle A--National Fish Habitat

Sec. 201. Definitions.
Sec. 202. National Fish Habitat Board.
Sec. 203. Fish habitat partnerships.
Sec. 204. Fish habitat conservation projects.
Sec. 205. National Fish Habitat Conservation Partnership Office.
Sec. 206. Technical and scientific assistance.
Sec. 207. Conservation of aquatic habitat for fish and other aquatic 
                            organisms on Federal land.
Sec. 208. Coordination with States and Indian tribes.
Sec. 209. Accountability and reporting.
Sec. 210. Regulations.
Sec. 211. Effect of subtitle.
Sec. 212. Nonapplicability of Federal Advisory Committee Act.
Sec. 213. Funding.
                        Subtitle B--Duck Stamps

Sec. 221. Findings.
Sec. 222. Cost of stamps.
Sec. 223. Waivers.
Sec. 224. Permanent electronic duck stamps.
    Subtitle C--Joint Ventures to Protect Migratory Bird Populations

Sec. 231. Purposes.
Sec. 232. Definitions.
Sec. 233. Joint Ventures Program.
Sec. 234. Administration.
Sec. 235. Grants and other assistance.
Sec. 236. Reporting.
Sec. 237. Relationship to other authorities.
Sec. 238. Federal Advisory Committee Act.
                      Subtitle D--Reauthorizations

Sec. 241. North American Wetlands Conservation Act.
Sec. 242. Partners for Fish and Wildlife Act.
Sec. 243. National Fish and Wildlife Foundation reauthorization.
Sec. 244. Multinational Species Conservation Funds Semipostal Stamp.
Sec. 245. Multinational species conservation funds reauthorizations.
Sec. 246. Neotropical Migratory Bird Conservation Act.
Sec. 247. Federal Land Transaction Facilitation Act.
Sec. 248. Nutria eradication and control.

          TITLE I--HUNTING, FISHING, AND RECREATIONAL SHOOTING

             Subtitle A--Hunting and Recreational Shooting

SEC. 101. MAKING PUBLIC LAND PUBLIC.

    (a) In General.--Section 3 of the Land and Water Conservation Fund 
Act of 1965 (16 U.S.C. 460l-6) is amended--
            (1) by striking ``Sec. 3. Appropriations.--Moneys'' and 
        inserting the following:

``SEC. 3. FUNDING.

    ``(a) In General.--Amounts''; and
            (2) by adding at the end the following:
    ``(b) Priority List.--
            ``(1) In general.--Subject to the availability of 
        appropriations and notwithstanding any other provision of this 
        Act, the Secretary of the Interior and the Secretary of 
        Agriculture shall ensure that, of the amounts made available 
        for the fund for each fiscal year, not less than 1.5 percent of 
        the amounts shall be made available for projects identified on 
        the priority list developed under paragraph (2).
            ``(2) Priority list.--The Secretary of the Interior and the 
        Secretary of Agriculture, in consultation with the head of each 
        affected Federal agency, shall annually develop a priority list 
        for the sites under the jurisdiction of the applicable 
        Secretary.
            ``(3) Criteria.--Projects identified on the priority list 
        developed under paragraph (2) shall secure recreational public 
        access to Federal public land in existence as of the date of 
        enactment of this subsection that has significantly restricted 
        access for hunting, fishing, and other recreational purposes 
        through rights-of-way or acquisition of land (or any interest 
        in land) from willing sellers.''.
    (b) Conforming Amendments.--
            (1) Land and water conservation fund act.--The Land and 
        Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.) 
        is amended--
                    (A) in the proviso at the end of section 2(c)(2) 
                (16 U.S.C. 460l-5(c)(2)), by striking ``notwithstanding 
                the provisions of section 3 of this Act'';
                    (B) in the first sentence of section 9 (16 U.S.C. 
                460l-10a), by striking ``by section 3 of this Act''; 
                and
                    (C) in the third sentence of section 10 (16 U.S.C. 
                460l-10b), by striking ``by section 3 of this Act''.
            (2) Federal land transaction facilitation act.--Section 
        206(f)(2) of the Federal Land Transaction Facilitation Act (43 
        U.S.C. 2305(f)(2)) is amended by striking ``section 3 of the 
        Land and Water Conservation Fund Act (16 U.S.C. 460l-6)'' and 
        inserting ``the Land and Water Conservation Fund Act of 1965 
        (16 U.S.C. 460l-4 et seq.)''.

SEC. 102. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES TAKEN IN SPORT 
              HUNTS IN CANADA.

    Section 104(c)(5) of the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1374(c)(5)) is amended by striking subparagraph (D) and 
inserting the following:
            ``(D)(i) The Secretary of the Interior shall, expeditiously 
        after the expiration of the applicable 30-day period under 
        subsection (d)(2), issue a permit for the importation of any 
        polar bear part (other than an internal organ) from a polar 
        bear taken in a sport hunt in Canada to any person who submits, 
        with the permit application, proof that the polar bear--
                    ``(I) was legally harvested by the person before 
                February 18, 1997; or
                    ``(II) was legally harvested by the person before 
                May 15, 2008, from a polar bear population from which a 
                sport-hunted trophy could be imported before that date 
                in accordance with section 18.30(i) of title 50, Code 
                of Federal Regulations (or a successor regulation).
            ``(ii) The Secretary shall issue permits under clause 
        (i)(I) without regard to subparagraphs (A) and (C)(ii) of this 
        paragraph, subsection (d)(3), and sections 101 and 102.
            ``(iii) The Secretary shall issue permits under clause 
        (i)(II) without regard to subparagraph (C)(ii) of this 
        paragraph, subsection (d)(3), and sections 101 and 102.''.

SEC. 103. TRANSPORTING BOWS THROUGH NATIONAL PARKS.

    (a) Findings.--Congress finds that--
            (1) bowhunters are known worldwide as among the most 
        skilled, ethical, and conservation-minded of all hunters;
            (2) bowhunting organizations at the Federal, State, and 
        local level contribute significant financial and human 
        resources to wildlife conservation and youth education programs 
        throughout the United States; and
            (3) bowhunting contributes $38,000,000,000 each year to the 
        economy of the United States.
    (b) Possession of Bows in Units of National Park System or National 
Wildlife Refuge System.--
            (1) In general.--Subject to paragraph (2), the Secretary of 
        the Interior shall permit individuals carrying bows and 
        crossbows to traverse national park land if the traverse is--
                    (A) for the sole purpose of hunting on adjacent 
                public or private land; and
                    (B) the most direct means of access to the adjacent 
                land.
            (2) Use.--Nothing in this section authorizes the use of the 
        bows or crossbows that are being carried while on national park 
        land.

     Subtitle B--Target Practice and Marksmanship Training Support

SEC. 111. TARGET PRACTICE AND MARKSMANSHIP TRAINING.

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

SEC. 112. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the use of firearms and archery equipment for target 
        practice and marksmanship training activities on Federal land 
        is allowed, except to the extent specific portions of that land 
        have been closed to those activities;
            (2) in recent years preceding the date of enactment of this 
        Act, portions of Federal land have been closed to target 
        practice and marksmanship training for many reasons;
            (3) the availability of public target ranges on non-Federal 
        land has been declining for a variety of reasons, including 
        continued population growth and development near former ranges;
            (4) providing opportunities for target practice and 
        marksmanship training at public target ranges on Federal and 
        non-Federal land can help--
                    (A) to promote enjoyment of shooting, recreational, 
                and hunting activities; and
                    (B) to ensure safe and convenient locations for 
                those activities;
            (5) Federal law in effect on the date of enactment of this 
        Act, including the Pittman-Robertson Wildlife Restoration Act 
        (16 U.S.C. 669 et seq.), provides Federal support for 
        construction and expansion of public target ranges by making 
        available to States amounts that may be used for construction, 
        operation, and maintenance of public target ranges; and
            (6) it is in the public interest to provide increased 
        Federal support to facilitate the construction or expansion of 
        public target ranges.
    (b) Purpose.--The purpose of this subtitle is to facilitate the 
construction and expansion of public target ranges, including ranges on 
Federal land managed by the Forest Service and the Bureau of Land 
Management.

SEC. 113. DEFINITION OF PUBLIC TARGET RANGE.

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

SEC. 114. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT.

    (a) Definitions.--Section 2 of the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669a) is amended--
            (1) by redesignating paragraphs (2) through (8) as 
        paragraphs (3) through (9), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) the term `public target range' means a specific 
        location that--
                    ``(A) is identified by a governmental agency for 
                recreational shooting;
                    ``(B) is open to the public;
                    ``(C) may be supervised; and
                    ``(D) may accommodate archery or rifle, pistol, or 
                shotgun shooting;''.
    (b) Expenditures for Management of Wildlife Areas and Resources.--
Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (16 
U.S.C. 669g(b)) is amended--
            (1) by striking ``(b) Each State'' and inserting the 
        following:
    ``(b) Expenditures for Management of Wildlife Areas and 
Resources.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State'';
            (2) in paragraph (1) (as so designated), by striking 
        ``construction, operation,'' and inserting ``operation'';
            (3) in the second sentence, by striking ``The non-Federal 
        share'' and inserting the following:
            ``(3) Non-federal share.--The non-Federal share'';
            (4) in the third sentence, by striking ``The Secretary'' 
        and inserting the following:
            ``(4) Regulations.--The Secretary''; and
            (5) by inserting after paragraph (1) (as designated by 
        paragraph (1) of this subsection) the following:
            ``(2) Exception.--Notwithstanding the limitation described 
        in paragraph (1), a State may pay up to 90 percent of the cost 
        of acquiring land for, expanding, or constructing a public 
        target range.''.
    (c) Firearm and Bow Hunter Education and Safety Program Grants.--
Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 
669h-1) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(3) Allocation of additional amounts.--Of the amount 
        apportioned to a State for any fiscal year under section 4(b), 
        the State may elect to allocate not more than 10 percent, to be 
        combined with the amount apportioned to the State under 
        paragraph (1) for that fiscal year, for acquiring land for, 
        expanding, or constructing a public target range.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Cost Sharing.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost of any activity carried out using a 
        grant under this section shall not exceed 75 percent of the 
        total cost of the activity.
            ``(2) Public target range construction or expansion.--The 
        Federal share of the cost of acquiring land for, expanding, or 
        constructing a public target range in a State on Federal or 
        non-Federal land pursuant to this section or section 8(b) shall 
        not exceed 90 percent of the cost of the activity.''; and
            (3) in subsection (c)(1)--
                    (A) by striking ``Amounts made'' and inserting the 
                following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), amounts made''; and
                    (B) by adding at the end the following:
                    ``(B) Exception.--Amounts provided for acquiring 
                land for, constructing, or expanding a public target 
                range shall remain available for expenditure and 
                obligation during the 5-fiscal-year period beginning on 
                October 1 of the first fiscal year for which the 
                amounts are made available.''.

SEC. 115. SENSE OF CONGRESS REGARDING COOPERATION.

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

                          Subtitle C--Fishing

SEC. 121. MODIFICATION OF DEFINITION OF TOXIC SUBSTANCE TO EXCLUDE 
              SPORT FISHING EQUIPMENT.

    (a) In General.--Section 3(2)(B) of the Toxic Substances Control 
Act (15 U.S.C. 2602(2)(B)) is amended--
            (1) in clause (v), by striking ``, and'' and inserting ``, 
        or any component of any such article including, without 
        limitation, shot, bullets and other projectiles, propellants, 
        and primers,'';
            (2) in clause (vi) by striking the period at the end and 
        inserting ``, and''; and
            (3) by inserting after clause (vi) the following:
            ``(vii) any sport fishing equipment (as such term is 
        defined in section 4162(a) of the Internal Revenue Code of 
        1986, without regard to paragraphs (6) through (9) thereof) the 
        sale of which is subject to the tax imposed by section 4161(a) 
        of such Code (determined without regard to any exemptions from 
        such tax as provided by section 4162 or 4221 or any other 
        provision of such Code), and sport fishing equipment 
        components.''.
    (b) Relationship to Other Law.--Nothing in this section or any 
amendment made by this section affects or limits the application of or 
obligation to comply with any other Federal, State or local law.

SEC. 122. PROHIBITION ON SALE OF BILLFISH.

    (a) Findings.--Congress finds that--
            (1) the United States carefully regulates its domestic 
        fisheries for billfish and participates in international 
        fishery management bodies in the Atlantic and Pacific Oceans;
            (2) global billfish populations have declined significantly 
        because of overfishing primarily through retention of bycatch 
        by non-United States commercial fishing fleets; and
            (3) ending the importation of foreign-caught billfish for 
        sale in the United States aligns with United States management 
        measures relating to billfish and protects the significant 
        economic benefits to the United States economy of recreational 
        fishing and marine commerce and the traditional cultural 
        fisheries.
    (b) Definition of Billfish.--In this section:
            (1) In general.--The term ``billfish'' means any fish of 
        the species--
                    (A) Makaira nigricans (blue marlin);
                    (B) Kajikia audax (striped marlin);
                    (C) Istiompax indica (black marlin);
                    (D) Istiophorus platypterus (sailfish);
                    (E) Tetrapturus angustirostris (shortbill 
                spearfish);
                    (F) Kajikia albida (white marlin);
                    (G) Tetrapturus georgii (roundscale spearfish);
                    (H) Tetrapturus belone (Mediterranean spearfish); 
                or
                    (I) Tetrapturus pfluegeri (longbill spearfish).
            (2) Exclusion.--The term ``billfish'' does not include the 
        species Xiphias gladius (swordfish).
    (c) Prohibition.--Except as provided in subsection (e), no person 
shall offer for sale, sell, or have custody, control, or possession of 
for purposes of offering for sale or selling billfish or products 
containing billfish.
    (d) Penalty.--For purposes of section 308(a) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1858(a)), a 
violation of this section shall be treated as an act prohibited by 
section 307 of that Act (16 U.S.C. 1857).
    (e) Exemptions for Traditional Fisheries and Markets.--
            (1) United states fishing vessels.--Subsection (c) does not 
        apply to billfish caught by United States fishing vessels and 
        landed in the State of Hawaii or a Pacific Insular Area (as 
        defined in section 3 of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1802)).
            (2) Foreign fishing vessels.--Subsection (c) does not apply 
        to billfish landed by foreign fishing vessels in a Pacific 
        Insular Area (as so defined) if the foreign-caught billfish is 
        exported to non-United States markets or retained within the 
        State of Hawaii and the Pacific Insular Areas for local 
        consumption.
    (f) Statement of Constitutional Authority.--Congress enacts this 
section pursuant to clause 3 of section 8 of article I of the 
Constitution.

SEC. 123. REPORT ON ARTIFICIAL REEFS IN THE GULF OF MEXICO.

    (a) Initial Report.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of the Interior, in coordination 
with the Secretary of Commerce and the heads of other Federal and State 
agencies, shall submit to the Committee on Energy and Natural Resources 
of the Senate and the Committee on Natural Resources of the House of 
Representatives a plan to assess how best to integrate the goals of the 
National Fishing Enhancement Act of 1984 (33 U.S.C. 2101 et seq.) and 
the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).
    (b) Contents of Plan.--The plan required under subsection (a) shall 
include--
            (1) an assessment of the capability of the Department of 
        the Interior to identify and issue a public notice of platforms 
        and related structures scheduled to be removed in 2012 and 2013 
        pursuant to sections 250.1700 through 250.1754 of title 30, 
        Code of Federal Regulations (as in effect on the date of 
        enactment of this Act), and the timeframe set out in the notice 
        to lessees on the decommissioning for platforms and related 
        structures in the Gulf of Mexico OCS Region (NTL No. 2010-G05) 
        of the Department of the Interior;
            (2) strategies for coordination with relevant Federal and 
        State agencies and accredited marine research institutes and 
        university marine biology departments to assess the 
        biodiversity and critical habitat present at platforms and 
        related structures subject to removal pursuant to sections 
        250.1700 through 250.1754 of title 30, Code of Federal 
        Regulations (as in effect on the date of enactment of this 
        Act), and the timeframe set out in NTL No. 2010-G05;
            (3) an assessment of the potential impacts of the removal 
        of the platforms and related structures pursuant to sections 
        250.1700 through 250.1754 of title 30, Code of Federal 
        Regulations (as in effect on the date of enactment of this 
        Act), and the timeframe set out in NTL No. 2010-G05 on the Gulf 
        of Mexico ecosystem and marine habitat;
            (4) an assessment of the potential impacts of not removing 
        the platforms and related structures pursuant to sections 
        250.1700 through 250.1754 of title 30, Code of Federal 
        Regulations (as in effect on the date of enactment of this 
        Act), and the timeframe set out in NTL NO. 2010-G05, including 
        potential damage as a result of hurricanes and other incidents; 
        and
            (5) an assessment of the potential impacts of the removal 
        of platforms and related structures on the rebuilding plans for 
        Gulf reef fish and habitat, as developed by the National Marine 
        Fisheries Service of the Department of Commerce.
    (c) Final Report.--Not later than 18 months after the date of 
submission of the plan developed under subsection (a), the Secretary 
shall submit to the Committee on Energy and Natural Resources of the 
Senate and the Committee on Natural Resources of the House of 
Representatives a final report that includes--
            (1) a description of public comments from regional 
        stakeholders, including recreational anglers, divers, offshore 
        oil and gas companies, marine biologists, and commercial 
        fisherman; and
            (2) findings relative to comments developed under this 
        subsection, including options to mitigate potential adverse 
        impacts on marine habitat associated with the removal of 
        platforms and related structures pursuant to sections 250.1700 
        through 250.1754 of title 30, Code of Federal Regulations (as 
        in effect on the date of enactment of this Act), and the 
        timeframe set out in NTL No. 2010-G05.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of the Interior to carry out this section 
such sums as are necessary.

                    TITLE II--NATIONAL FISH HABITAT

                   Subtitle A--National Fish Habitat

SEC. 201. DEFINITIONS.

    In this subtitle:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation and the Committee on Environment and 
                Public Works of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Aquatic habitat.--
                    (A) In general.--The term ``aquatic habitat'' means 
                any area on which an aquatic organism depends, directly 
                or indirectly, to carry out the life processes of the 
                organism, including an area used by the organism for 
                spawning, incubation, nursery, rearing, growth to 
                maturity, food supply, or migration.
                    (B) Inclusions.--The term ``aquatic habitat'' 
                includes an area adjacent to an aquatic environment, if 
                the adjacent area--
                            (i) contributes an element, such as the 
                        input of detrital material or the promotion of 
                        a planktonic or insect population providing 
                        food, that makes fish life possible;
                            (ii) protects the quality and quantity of 
                        water sources;
                            (iii) provides public access for the use of 
                        fishery resources; or
                            (iv) serves as a buffer protecting the 
                        aquatic environment.
            (3) Assistant administrator.--The term ``Assistant 
        Administrator'' means the Assistant Administrator for Fisheries 
        of the National Oceanic and Atmospheric Administration.
            (4) Board.--The term ``Board'' means the National Fish 
        Habitat Board established by section 202(a)(1).
            (5) Conservation; conserve; manage; management.--The terms 
        ``conservation'', ``conserve'', ``manage'', and ``management'' 
        mean to protect, sustain, and, where appropriate, restore and 
        enhance, using methods and procedures associated with modern 
        scientific resource programs (including protection, research, 
        census, law enforcement, habitat management, propagation, live 
        trapping and transplantation, and regulated taking)--
                    (A) a healthy population of fish, wildlife, or 
                plant life;
                    (B) a habitat required to sustain fish, wildlife, 
                or plant life; or
                    (C) a habitat required to sustain fish, wildlife, 
                or plant life productivity.
            (6) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (7) Fish.--
                    (A) In general.--The term ``fish'' means any 
                freshwater, diadromous, estuarine, or marine finfish or 
                shellfish.
                    (B) Inclusions.--The term ``fish'' includes the 
                egg, spawn, spat, larval, and other juvenile stages of 
                an organism described in subparagraph (A).
            (8) Fish habitat conservation project.--
                    (A) In general.--The term ``fish habitat 
                conservation project'' means a project that--
                            (i) is submitted to the Board by a 
                        Partnership and approved by the Secretary under 
                        section 204; and
                            (ii) provides for the conservation or 
                        management of an aquatic habitat.
                    (B) Inclusions.--The term ``fish habitat 
                conservation project'' includes--
                            (i) the provision of technical assistance 
                        to a State, Indian tribe, or local community by 
                        the National Fish Habitat Conservation 
                        Partnership Office or any other agency to 
                        facilitate the development of strategies and 
                        priorities for the conservation of aquatic 
                        habitats; or
                            (ii) the obtaining of a real property 
                        interest in land or water, including water 
                        rights, in accordance with terms and conditions 
                        that ensure that the real property will be 
                        administered for the long-term conservation 
                        of--
                                    (I) the land or water; and
                                    (II) the fish dependent on the land 
                                or water.
            (9) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (10) National fish habitat action plan.--The term 
        ``National Fish Habitat Action Plan'' means the National Fish 
        Habitat Action Plan dated April 24, 2006, and any subsequent 
        revisions or amendments to that plan.
            (11) Partnership.--The term ``Partnership'' means an entity 
        designated by the Board as a Fish Habitat Conservation 
        Partnership pursuant to section 203(a).
            (12) Real property interest.--The term ``real property 
        interest'' means an ownership interest in--
                    (A) land;
                    (B) water (including water rights); or
                    (C) a building or object that is permanently 
                affixed to land.
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (14) State agency.--The term ``State agency'' means--
                    (A) the fish and wildlife agency of a State;
                    (B) any department or division of a department or 
                agency of a State that manages in the public trust the 
                inland or marine fishery resources or the habitat for 
                those fishery resources of the State pursuant to State 
                law or the constitution of the State; or
                    (C) the fish and wildlife agency of the 
                Commonwealth of Puerto Rico, Guam, the Virgin Islands, 
                or any other territory or possession of the United 
                States.

SEC. 202. NATIONAL FISH HABITAT BOARD.

    (a) Establishment.--
            (1) In general.--There is established a board, to be known 
        as the ``National Fish Habitat Board''--
                    (A) to promote, oversee, and coordinate the 
                implementation of this subtitle and the National Fish 
                Habitat Action Plan;
                    (B) to establish national goals and priorities for 
                aquatic habitat conservation;
                    (C) to designate Partnerships; and
                    (D) to review and make recommendations regarding 
                fish habitat conservation projects.
            (2) Membership.--The Board shall be composed of 27 members, 
        of whom--
                    (A) 1 shall be the Director;
                    (B) 1 shall be the Assistant Administrator;
                    (C) 1 shall be the Chief of the Natural Resources 
                Conservation Service;
                    (D) 1 shall be the Chief of the Forest Service;
                    (E) 1 shall be the Assistant Administrator for 
                Water of the Environmental Protection Agency;
                    (F) 1 shall be the President of the Association of 
                Fish and Wildlife Agencies;
                    (G) 1 shall be the Secretary of the Board of 
                Directors of the National Fish and Wildlife Foundation 
                appointed pursuant to section 3(g)(2)(B) of the 
                National Fish and Wildlife Foundation Establishment Act 
                (16 U.S.C. 3702(g)(2)(B));
                    (H) 4 shall be representatives of State agencies, 1 
                of whom shall be nominated by a regional association of 
                fish and wildlife agencies from each of the Northeast, 
                Southeast, Midwest, and Western regions of the United 
                States;
                    (I) 1 shall be a representative of the American 
                Fisheries Society;
                    (J) 2 shall be representatives of Indian tribes, of 
                whom--
                            (i) 1 shall represent Indian tribes from 
                        the State of Alaska; and
                            (ii) 1 shall represent Indian tribes from 
                        the other States;
                    (K) 1 shall be a representative of the Regional 
                Fishery Management Councils established under section 
                302 of the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1852);
                    (L) 1 shall be a representative of the Marine 
                Fisheries Commissions, which is composed of--
                            (i) the Atlantic States Marine Fisheries 
                        Commission;
                            (ii) the Gulf States Marine Fisheries 
                        Commission; and
                            (iii) the Pacific States Marine Fisheries 
                        Commission;
                    (M) 1 shall be a representative of the Sportfishing 
                and Boating Partnership Council; and
                    (N) 10 shall be representatives selected from each 
                of the following groups:
                            (i) The recreational sportfishing industry.
                            (ii) The commercial fishing industry.
                            (iii) Marine recreational anglers.
                            (iv) Freshwater recreational anglers.
                            (v) Terrestrial resource conservation 
                        organizations.
                            (vi) Aquatic resource conservation 
                        organizations.
                            (vii) The livestock and poultry production 
                        industry.
                            (viii) The land development industry.
                            (ix) The row crop industry.
                            (x) Natural resource commodity interests, 
                        such as petroleum or mineral extraction.
            (3) Compensation.--A member of the Board shall serve 
        without compensation.
            (4) Travel expenses.--A member of the Board shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of the duties of the Board.
    (b) Appointment and Terms.--
            (1) In general.--Except as otherwise provided in this 
        subsection, a member of the Board described in any of 
        subparagraphs (H) through (N) of subsection (a)(2) shall serve 
        for a term of 3 years.
            (2) Initial board membership.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the representatives of 
                the board established by the National Fish Habitat 
                Action Plan shall appoint the initial members of the 
                Board described in subparagraphs (H) through (I) and 
                (K) through (N) of subsection (a)(2).
                    (B) Tribal representatives.--Not later than 180 
                days after the enactment of this Act, the Secretary 
                shall provide to the board established by the National 
                Fish Habitat Action Plan a recommendation of not less 
                than 4 tribal representatives, from which that board 
                shall appoint 2 representatives pursuant to 
                subparagraph (J) of subsection (a)(2).
            (3) Transitional terms.--Of the members described in 
        subsection (a)(2)(N) initially appointed to the Board--
                    (A) 4 shall be appointed for a term of 1 year;
                    (B) 4 shall be appointed for a term of 2 years; and
                    (C) 3 shall be appointed for a term of 3 years.
            (4) Vacancies.--
                    (A) In general.--A vacancy of a member of the Board 
                described in any of subparagraphs (H) through (I) or 
                (K) through (N) of subsection (a)(2) shall be filled by 
                an appointment made by the remaining members of the 
                Board.
                    (B) Tribal representatives.--Following a vacancy of 
                a member of the Board described in subparagraph (J) of 
                subsection (a)(2), the Secretary shall recommend to the 
                Board not less than 4 tribal representatives, from 
                which the remaining members of the Board shall appoint 
                a representative to fill the vacancy.
            (5) Continuation of service.--An individual whose term of 
        service as a member of the Board expires may continue to serve 
        on the Board until a successor is appointed.
            (6) Removal.--If a member of the Board described in any of 
        subparagraphs (H) through (N) of subsection (a)(2) misses 3 
        consecutive regularly scheduled Board meetings, the members of 
        the Board may--
                    (A) vote to remove that member; and
                    (B) appoint another individual in accordance with 
                paragraph (4).
    (c) Chairperson.--
            (1) In general.--The Board shall elect a member of the 
        Board to serve as Chairperson of the Board.
            (2) Term.--The Chairperson of the Board shall serve for a 
        term of 3 years.
    (d) Meetings.--
            (1) In general.--The Board shall meet--
                    (A) at the call of the Chairperson; but
                    (B) not less frequently than twice each calendar 
                year.
            (2) Public access.--All meetings of the Board shall be open 
        to the public.
    (e) Procedures.--
            (1) In general.--The Board shall establish procedures to 
        carry out the business of the Board, including--
                    (A) a requirement that a quorum of the members of 
                the Board be present to transact business;
                    (B) a requirement that no recommendations may be 
                adopted by the Board, except by the vote of \2/3\ of 
                all members present and voting;
                    (C) procedures for establishing national goals and 
                priorities for aquatic habitat conservation for the 
                purposes of this subtitle;
                    (D) procedures for designating Partnerships under 
                section 203; and
                    (E) procedures for reviewing, evaluating, and 
                making recommendations regarding fish habitat 
                conservation projects.
            (2) Quorum.--A majority of the members of the Board shall 
        constitute a quorum.

SEC. 203. FISH HABITAT PARTNERSHIPS.

    (a) Authority To Designate.--The Board may designate Fish Habitat 
Partnerships in accordance with this section.
    (b) Purposes.--The purposes of a Partnership shall be--
            (1) to coordinate the implementation of the National Fish 
        Habitat Action Plan at a regional level;
            (2) to identify strategic priorities for fish habitat 
        conservation;
            (3) to recommend to the Board fish habitat conservation 
        projects that address a strategic priority of the Board; and
            (4) to develop and carry out fish habitat conservation 
        projects.
    (c) Applications.--An entity seeking to be designated as a 
Partnership shall submit to the Board an application at such time, in 
such manner, and containing such information as the Board may 
reasonably require.
    (d) Approval.--The Board may approve an application for a 
Partnership submitted under subsection (c) if the Board determines that 
the applicant--
            (1) includes representatives of a diverse group of public 
        and private partners, including Federal, State, or local 
        governments, nonprofit entities, Indian tribes, and private 
        individuals, that are focused on conservation of aquatic 
        habitats to achieve results across jurisdictional boundaries on 
        public and private land;
            (2) is organized to promote the health of important aquatic 
        habitats and distinct geographical areas, keystone fish 
        species, or system types, including reservoirs, natural lakes, 
        coastal and marine environments, and estuaries;
            (3) identifies strategic fish and aquatic habitat 
        priorities for the Partnership area in the form of geographical 
        focus areas or key stressors or impairments to facilitate 
        strategic planning and decisionmaking;
            (4) is able to address issues and priorities on a 
        nationally significant scale;
            (5) includes a governance structure that--
                    (A) reflects the range of all partners; and
                    (B) promotes joint strategic planning and 
                decisionmaking by the applicant;
            (6) demonstrates completion of, or significant progress 
        toward the development of, a strategic plan to address the 
        causes of system decline in fish populations, rather than 
        simply treating symptoms in accordance with the National Fish 
        Habitat Action Plan; and
            (7) ensures collaboration in developing a strategic vision 
        and implementation program that is scientifically sound and 
        achievable.

SEC. 204. FISH HABITAT CONSERVATION PROJECTS.

    (a) Submission to Board.--Not later than March 31 of each calendar 
year, each Partnership shall submit to the Board a list of fish habitat 
conservation projects recommended by the Partnership for annual funding 
under this subtitle.
    (b) Recommendations by Board.--Not later than July 1 of each 
calendar year, the Board shall submit to the Secretary a description, 
including estimated costs, of each fish habitat conservation project 
that the Board recommends that the Secretary approve and fund under 
this subtitle, in order of priority, for the following fiscal year.
    (c) Considerations.--The Board shall select each fish habitat 
conservation project to be recommended to the Secretary under 
subsection (b)--
            (1) based on a recommendation of the Partnership that is, 
        or will be, participating actively in carrying out the fish 
        habitat conservation project; and
            (2) after taking into consideration--
                    (A) the extent to which the fish habitat 
                conservation project fulfills a purpose of this 
                subtitle or a goal of the National Fish Habitat Action 
                Plan;
                    (B) the extent to which the fish habitat 
                conservation project addresses the national priorities 
                established by the Board;
                    (C) the availability of sufficient non-Federal 
                funds to match Federal contributions for the fish 
                habitat conservation project, as required by subsection 
                (e);
                    (D) the extent to which the fish habitat 
                conservation project--
                            (i) increases fishing opportunities for the 
                        public;
                            (ii) will be carried out through a 
                        cooperative agreement among Federal, State, and 
                        local governments, Indian tribes, and private 
                        entities;
                            (iii) increases public access to land or 
                        water;
                            (iv) advances the conservation of fish and 
                        wildlife species that are listed, or are 
                        candidates to be listed, as threatened species 
                        or endangered species under the Endangered 
                        Species Act of 1973 (16 U.S.C. 1531 et seq.);
                            (v) where appropriate, advances the 
                        conservation of fish and fish habitats under 
                        the Magnuson-Stevens Act (16 U.S.C. 1801 et 
                        seq.) and other relevant Federal law and State 
                        wildlife action plans; and
                            (vi) promotes resilience such that desired 
                        biological communities are able to persist and 
                        adapt to environmental stressors such as 
                        climate change; and
                    (E) the substantiality of the character and design 
                of the fish habitat conservation project.
    (d) Limitations.--
            (1) Requirements for evaluation.--No fish habitat 
        conservation project may be recommended by the Board under 
        subsection (b) or provided financial assistance under this 
        subtitle unless the fish habitat conservation project includes 
        an evaluation plan designed--
                    (A) to appropriately assess the biological, 
                ecological, or other results of the habitat protection, 
                restoration, or enhancement activities carried out 
                using the assistance;
                    (B) to reflect appropriate changes to the fish 
                habitat conservation project if the assessment 
                substantiates that the fish habitat conservation 
                project objectives are not being met; and
                    (C) to require the submission to the Board of a 
                report describing the findings of the assessment.
            (2) Acquisition of real property interests.--
                    (A) In general.--No fish habitat conservation 
                project that will result in the acquisition by the 
                State, local government, or other non-Federal entity, 
                in whole or in part, of any real property interest may 
                be recommended by the Board under subsection (b) or 
                provided financial assistance under this subtitle 
                unless the project meets the requirements of 
                subparagraph (B).
                    (B) Requirements.--
                            (i) In general.--A real property interest 
                        may not be acquired pursuant to a fish habitat 
                        conservation project by a State, public agency, 
                        or other non-Federal entity unless the State, 
                        agency, or other non-Federal entity is 
                        obligated to undertake the management of the 
                        property being acquired in accordance with the 
                        purposes of this subtitle.
                            (ii) Additional conditions.--Any real 
                        property interest acquired by a State, local 
                        government, or other non-Federal entity 
                        pursuant to a fish habitat conservation project 
                        shall be subject to terms and conditions that 
                        ensure that the interest will be administered 
                        for the long-term conservation and management 
                        of the aquatic ecosystem and the fish and 
                        wildlife dependent on that ecosystem.
    (e) Non-Federal Contributions.--
            (1) In general.--Except as provided in paragraph (2), no 
        fish habitat conservation project may be recommended by the 
        Board under subsection (b) or provided financial assistance 
        under this subtitle unless at least 50 percent of the cost of 
        the fish habitat conservation project will be funded with non-
        Federal funds.
            (2) Projects on federal land or water.--Notwithstanding 
        paragraph (1), Federal funds may be used for payment of 100 
        percent of the costs of a fish habitat conservation project 
        located on Federal land or water.
            (3) Non-federal share.--The non-Federal share of the cost 
        of a fish habitat conservation project--
                    (A) may not be derived from a Federal grant 
                program; but
                    (B) may include in-kind contributions and cash.
            (4) Special rule for indian tribes.--Notwithstanding 
        paragraph (1) or any other provision of law, any funds made 
        available to an Indian tribe pursuant to this subtitle may be 
        considered to be non-Federal funds for the purpose of paragraph 
        (1).
    (f) Approval.--
            (1) In general.--Not later than 180 days after the date of 
        receipt of the recommendations of the Board for fish habitat 
        conservation projects under subsection (b), and based, to the 
        maximum extent practicable, on the criteria described in 
        subsection (c)--
                    (A) the Secretary shall approve, reject, or reorder 
                the priority of any fish habitat conservation project 
                recommended by the Board that is not within a marine or 
                estuarine habitat; and
                    (B) the Secretary and the Secretary of Commerce 
                shall jointly approve, reject, or reorder the priority 
                of any fish habitat conservation project recommended by 
                the Board that is within a marine or estuarine habitat.
            (2) Funding.--If the Secretary, or the Secretary and the 
        Secretary of Commerce jointly, approves a fish habitat 
        conservation project under paragraph (1), the Secretary, or the 
        Secretary and the Secretary of Commerce jointly, shall use 
        amounts made available to carry out this subtitle to provide 
        funds to carry out the fish habitat conservation project.
            (3) Notification.--If the Secretary, or the Secretary and 
        the Secretary of Commerce jointly, rejects or reorders the 
        priority of any fish habitat conservation project recommended 
        by the Board under subsection (b), the Secretary, or the 
        Secretary and the Secretary of Commerce jointly, shall provide 
        to the Board and the appropriate Partnership a written 
        statement of the reasons that the Secretary, or the Secretary 
        and the Secretary of Commerce jointly, rejected or modified the 
        priority of the fish habitat conservation project.
            (4) Limitation.--If the Secretary, or the Secretary and the 
        Secretary of Commerce jointly, has not approved, rejected, or 
        reordered the priority of the recommendations of the Board for 
        fish habitat conservation projects by the date that is 180 days 
        after the date of receipt of the recommendations, the 
        recommendations shall be considered to be approved.

SEC. 205. NATIONAL FISH HABITAT CONSERVATION PARTNERSHIP OFFICE.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Director shall establish an office, to be 
known as the ``National Fish Habitat Conservation Partnership Office'', 
within the United States Fish and Wildlife Service.
    (b) Functions.--The National Fish Habitat Conservation Partnership 
Office shall--
            (1) provide funding for the operational needs of the 
        Partnerships, including funding for activities such as 
        planning, project development and implementation, coordination, 
        monitoring, evaluation, communication, and outreach;
            (2) provide funding to support the detail of State and 
        tribal fish and wildlife staff to the Office;
            (3) facilitate the cooperative development and approval of 
        Partnerships;
            (4) assist the Secretary and the Board in carrying out this 
        subtitle;
            (5) assist the Secretary in carrying out the requirements 
        of sections 206 and 208;
            (6) facilitate communication, cohesiveness, and efficient 
        operations for the benefit of Partnerships and the Board;
            (7) facilitate, with assistance from the Director, the 
        Assistant Administrator, and the President of the Association 
        of Fish and Wildlife Agencies, the consideration of fish 
        habitat conservation projects by the Board;
            (8) provide support to the Director regarding the 
        development and implementation of the interagency operational 
        plan under subsection (c);
            (9) coordinate technical and scientific reporting as 
        required by section 209;
            (10) facilitate the efficient use of resources and 
        activities of Federal departments and agencies to carry out 
        this subtitle in an efficient manner; and
            (11) provide support to the Board for national 
        communication and outreach efforts that promote public 
        awareness of fish habitat conservation.
    (c) Interagency Operational Plan.--Not later than 1 year after the 
date of enactment of this Act, and every 5 years thereafter, the 
Director, in cooperation with the Assistant Administrator and the heads 
of other appropriate Federal departments and agencies, shall develop an 
interagency operational plan for the National Fish Habitat Conservation 
Partnership Office that describes--
            (1) the functional, operational, technical, scientific, and 
        general staff, administrative, and material needs of the 
        Office; and
            (2) any interagency agreements between or among Federal 
        departments and agencies to address those needs.
    (d) Staff and Support.--
            (1) Departments of interior and commerce.--The Director and 
        the Assistant Administrator shall each provide appropriate 
        staff to support the National Fish Habitat Conservation 
        Partnership Office, subject to the availability of funds under 
        section 213.
            (2) States and indian tribes.--Each State and Indian tribe 
        is encouraged to provide staff to support the National Fish 
        Habitat Conservation Partnership Office.
            (3) Detailees and contractors.--The National Fish Habitat 
        Conservation Partnership Office may accept staff or other 
        administrative support from other entities--
                    (A) through interagency details; or
                    (B) as contractors.
            (4) Qualifications.--The staff of the National Fish Habitat 
        Conservation Partnership Office shall include members with 
        education and experience relating to the principles of fish, 
        wildlife, and aquatic habitat conservation.
            (5) Waiver of requirement.--The Secretary may waive all or 
        part of the non-Federal contribution requirement under section 
        204(e)(1) if the Secretary determines that--
                    (A) no reasonable means are available through which 
                the affected applicant can meet the requirement; and
                    (B) the probable benefit of the relevant fish 
                habitat conservation project outweighs the public 
                interest in meeting the requirement.
    (e) Reports.--Not less frequently than once each year, the Director 
shall provide to the Board a report describing the activities of the 
National Fish Habitat Conservation Partnership Office.

SEC. 206. TECHNICAL AND SCIENTIFIC ASSISTANCE.

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

SEC. 207. CONSERVATION OF AQUATIC HABITAT FOR FISH AND OTHER AQUATIC 
              ORGANISMS ON FEDERAL LAND.

    To the extent consistent with the mission and authority of the 
applicable department or agency, the head of each Federal department 
and agency responsible for acquiring, managing, or disposing of Federal 
land or water shall cooperate with the Assistant Administrator and the 
Director to conserve the aquatic habitats for fish and other aquatic 
organisms within the land and water of the department or agency.

SEC. 208. COORDINATION WITH STATES AND INDIAN TRIBES.

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

SEC. 209. ACCOUNTABILITY AND REPORTING.

    (a) Implementation Reports.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, and every 2 years thereafter, the Board 
        shall submit to the appropriate congressional committees a 
        report describing the implementation of--
                    (A) this subtitle; and
                    (B) the National Fish Habitat Action Plan.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include--
                    (A) an estimate of the number of acres, stream 
                miles, or acre-feet (or other suitable measure) of 
                aquatic habitat that was protected, restored, or 
                enhanced under the National Fish Habitat Action Plan by 
                Federal, State, or local governments, Indian tribes, or 
                other entities in the United States during the 2-year 
                period ending on the date of submission of the report;
                    (B) a description of the public access to aquatic 
                habitats protected, restored, or established under the 
                National Fish Habitat Action Plan during that 2-year 
                period;
                    (C) a description of the opportunities for public 
                fishing established under the National Fish Habitat 
                Action Plan during that period; and
                    (D) an assessment of the status of fish habitat 
                conservation projects carried out with funds provided 
                under this subtitle during that period, disaggregated 
                by year, including--
                            (i) a description of the fish habitat 
                        conservation projects recommended by the Board 
                        under section 204(b);
                            (ii) a description of each fish habitat 
                        conservation project approved by the Secretary 
                        under section 204(f), in order of priority for 
                        funding;
                            (iii) a justification for--
                                    (I) the approval of each fish 
                                habitat conservation project; and
                                    (II) the order of priority for 
                                funding of each fish habitat 
                                conservation project;
                            (iv) a justification for any rejection or 
                        reordering of the priority of each fish habitat 
                        conservation project recommended by the Board 
                        under section 204(b) that was based on a factor 
                        other than the criteria described in section 
                        204(c); and
                            (v) an accounting of expenditures by 
                        Federal, State, or local governments, Indian 
                        tribes, or other entities to carry out fish 
                        habitat conservation projects.
    (b) Status and Trends Report.--Not later than December 31, 2012, 
and every 5 years thereafter, the Board shall submit to the appropriate 
congressional committees a report describing the status of aquatic 
habitats in the United States.
    (c) Revisions.--Not later than December 31, 2013, and every 5 years 
thereafter, the Board shall revise the goals and other elements of the 
National Fish Habitat Action Plan, after consideration of each report 
required by subsection (b).

SEC. 210. REGULATIONS.

    The Secretary may promulgate such regulations as the Secretary 
determines to be necessary to carry out this subtitle.

SEC. 211. EFFECT OF SUBTITLE.

    (a) Water Rights.--Nothing in this subtitle--
            (1) establishes any express or implied reserved water right 
        in the United States for any purpose;
            (2) affects any water right in existence on the date of 
        enactment of this Act;
            (3) preempts or affects any State water law or interstate 
        compact governing water; or
            (4) affects any Federal or State law in existence on the 
        date of enactment of the Act regarding water quality or water 
        quantity.
    (b) State Authority.--Nothing in this subtitle--
            (1) affects the authority, jurisdiction, or responsibility 
        of a State to manage, control, or regulate fish and wildlife 
        under the laws and regulations of the State; or
            (2) authorizes the Secretary to control or regulate within 
        a State the fishing or hunting of fish and wildlife.
    (c) Effect on Indian Tribes.--Nothing in this subtitle abrogates, 
abridges, affects, modifies, supersedes, or alters any right of an 
Indian tribe recognized by treaty or any other means, including--
            (1) an agreement between the Indian tribe and the United 
        States;
            (2) Federal law (including regulations);
            (3) an Executive order; or
            (4) a judicial decree.
    (d) Adjudication of Water Rights.--Nothing in this subtitle 
diminishes or affects the ability of the Secretary to join an 
adjudication of rights to the use of water pursuant to subsection (a), 
(b), or (c) of section 208 of the Department of Justice Appropriation 
Act, 1953 (43 U.S.C. 666).
    (e) Effect on Other Authorities.--
            (1) Acquisition of land and water.--Nothing in this 
        subtitle alters or otherwise affects the authorities, 
        responsibilities, obligations, or powers of the Secretary to 
        acquire land, water, or an interest in land or water under any 
        other provision of law.
            (2) Private property protection.--Nothing in this subtitle 
        permits the use of funds made available to carry out this 
        subtitle to acquire real property or a real property interest 
        without the written consent of each owner of the real property 
        or real property interest.
            (3) Mitigation.--Nothing in this subtitle permits the use 
        of funds made available to carry out this subtitle for fish and 
        wildlife mitigation purposes under--
                    (A) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (B) the Fish and Wildlife Coordination Act (16 
                U.S.C. 661 et seq.);
                    (C) the Water Resources Development Act of 1986 
                (Public Law 99-662; 100 Stat. 4082); or
                    (D) any other Federal law or court settlement.

SEC. 212. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

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

SEC. 213. FUNDING.

    (a) Authorization of Appropriations.--
            (1) Fish habitat conservation projects.--There is 
        authorized to be appropriated to the Secretary $7,200,000 for 
        each of fiscal years 2012 through 2016 to provide funds for 
        fish habitat conservation projects approved under section 
        204(f), of which 5 percent shall be made available for each 
        fiscal year for projects carried out by Indian tribes.
            (2) National fish habitat conservation partnership 
        office.--
                    (A) In general.--There is authorized to be 
                appropriated to the Secretary for each of fiscal years 
                2012 through 2016 for the National Fish Habitat 
                Conservation Partnership Office, and to carry out 
                section 209, an amount equal to 5 percent of the amount 
                appropriated for the applicable fiscal year pursuant to 
                paragraph (1).
                    (B) Required transfers.--The Secretary shall 
                annually transfer to other Federal departments and 
                agencies such percentage of the amounts made available 
                pursuant to subparagraph (A) as is required to support 
                participation by those departments and agencies in the 
                National Fish Habitat Conservation Partnership Office 
                pursuant to the interagency operational plan under 
                section 205(c).
            (3) Technical and scientific assistance.--There are 
        authorized to be appropriated for each of fiscal years 2012 
        through 2016 to carry out, and provide technical and scientific 
        assistance under, section 206--
                    (A) $500,000 to the Secretary for use by the United 
                States Fish and Wildlife Service;
                    (B) $500,000 to the Assistant Administrator for use 
                by the National Oceanic and Atmospheric Administration; 
                and
                    (C) $500,000 to the Secretary for use by the United 
                States Geological Survey.
            (4) Planning and administrative expenses.--There is 
        authorized to be appropriated to the Secretary for each of 
        fiscal years 2012 through 2016 for use by the Board, the 
        Director, and the Assistant Administrator for planning and 
        administrative expenses an amount equal to 3 percent of the 
        amount appropriated for the applicable fiscal year pursuant to 
        paragraph (1).
    (b) Agreements and Grants.--The Secretary may--
            (1) on the recommendation of the Board, and notwithstanding 
        sections 6304 and 6305 of title 31, United States Code, and the 
        Federal Financial Assistance Management Improvement Act of 1999 
        (31 U.S.C. 6101 note; Public Law 106-107), enter into a grant 
        agreement, cooperative agreement, or contract with a 
        Partnership or other entity for a fish habitat conservation 
        project or restoration or enhancement project;
            (2) apply for, accept, and use a grant from any individual 
        or entity to carry out the purposes of this subtitle; and
            (3) make funds available to any Federal department or 
        agency for use by that department or agency to provide grants 
        for any fish habitat protection project, restoration project, 
        or enhancement project that the Secretary determines to be 
        consistent with this subtitle.
    (c) Donations.--
            (1) In general.--The Secretary may--
                    (A) enter into an agreement with any organization 
                described in section 501(c)(3) of the Internal Revenue 
                Code of 1986 that is exempt from taxation under section 
                501(a) of that Code to solicit private donations to 
                carry out the purposes of this subtitle; and
                    (B) accept donations of funds, property, and 
                services to carry out the purposes of this subtitle.
            (2) Treatment.--A donation accepted under this section--
                    (A) shall be considered to be a gift or bequest to, 
                or otherwise for the use of, the United States; and
                    (B) may be--
                            (i) used directly by the Secretary; or
                            (ii) provided to another Federal department 
                        or agency through an interagency agreement.

                        Subtitle B--Duck Stamps

SEC. 221. FINDINGS.

    Congress finds that--
            (1) Federal Migratory Bird Hunting and Conservation Stamps 
        (commonly known as ``duck stamps'') were created in 1934 as 
        Federal licenses required for hunting migratory waterfowl;
            (2)(A) duck stamps are a vital tool for wetland 
        conservation;
            (B) 98 percent of the receipts from duck stamp sales are 
        used to acquire important migratory bird breeding, migration, 
        and wintering habitat, which are added to the National Wildlife 
        Refuge System; and
            (C) those benefits extend to all wildlife, not just ducks;
            (3) since inception, the Federal duck stamp program--
                    (A) has generated more than $750,000,000;
                    (B) has preserved more than 5,000,000 acres of 
                wetland and wildlife habitat; and
                    (C) is considered among the most successful 
                conservation programs ever initiated;
            (4)(A) since 1934, when duck stamps cost $1, the price has 
        been increased 7 times to the price in effect on the date of 
        enactment of this Act of $15, which took effect in 1991; and
            (B) the price of the duck stamp has not increased since 
        1991, the longest single period without an increase in program 
        history; and
            (5) with the price unchanged during the 20-year period 
        ending on the date of enactment of this Act, duck stamps have 
        lost 40 percent of the value of the duck stamps based on the 
        consumer price index, while the United States Fish and Wildlife 
        Service reports the price of land in targeted wetland areas has 
        tripled from an average of $306 to $1,091 per acre.

SEC. 222. COST OF STAMPS.

    Section 2 of the Migratory Bird Hunting and Conservation Stamp Act 
(16 U.S.C. 718b) is amended by striking subsection (b) and inserting 
the following:
    ``(b) Cost of Stamps.--
            ``(1) In general.--For the 3-calendar-year period beginning 
        with calendar year 2013, and for each 3-calendar-year period 
        thereafter, the Secretary, in consultation with the Migratory 
        Bird Conservation Commission, shall establish the amount to be 
        collected under paragraph (2) for each stamp sold under this 
        section.
            ``(2) Collection of amounts.--The United States Postal 
        Service, the Department of the Interior, or any other agent 
        approved by the Department of the Interior shall collect the 
        amount established under paragraph (1) for each stamp sold 
        under this section for a hunting year if the Secretary 
        determines, at any time before February 1 of the calendar year 
        during which the hunting year begins, that all amounts 
        described in paragraph (3) have been obligated for expenditure.
            ``(3) Amounts.--The amounts described in this paragraph are 
        amounts in the Migratory Bird Conservation Fund that are 
        available for obligation and attributable to--
                    ``(A) amounts appropriated pursuant to this Act for 
                the fiscal year ending in the immediately preceding 
                calendar year; and
                    ``(B) the sale of stamps under this section during 
                that fiscal year.''.

SEC. 223. WAIVERS.

    Section 1(a) of the Migratory Bird Hunting and Conservation Stamp 
Act (16 U.S.C. 718a(a)) is amended--
            (1) in paragraph (1), by inserting ``and subsection (d)'' 
        after ``paragraph (2)''; and
            (2) by adding at the end the following:
    ``(d) Waivers.--
            ``(1) In general.--The Secretary, in consultation with the 
        Migratory Bird Conservation Commission, may waive requirements 
        under this section for such individuals as the Secretary, in 
        consultation with the Migratory Bird Conservation Commission, 
        determines to be appropriate.
            ``(2) Limitation.--In making the determination described in 
        paragraph (1), the Secretary shall grant only those waivers the 
        Secretary determines will have a minimal adverse effect on 
        funds to be deposited in the Migratory Bird Conservation Fund 
        established under section 4(a)(3).''.

SEC. 224. PERMANENT ELECTRONIC DUCK STAMPS.

    (a) Definitions.--In this section:
            (1) Actual stamp.--The term ``actual stamp'' means a 
        Federal migratory-bird hunting and conservation stamp required 
        under the Act of March 16, 1934 (16 U.S.C. 718a et seq.) 
        (popularly known as the ``Duck Stamp Act''), that is printed on 
        paper and sold through the means established by the authority 
        of the Secretary immediately before the date of enactment of 
        this Act.
            (2) Automated licensing system.--
                    (A) In general.--The term ``automated licensing 
                system'' means an electronic, computerized licensing 
                system used by a State fish and wildlife agency to 
                issue hunting, fishing, and other associated licenses 
                and products.
                    (B) Inclusion.--The term ``automated licensing 
                system'' includes a point-of-sale, Internet, telephonic 
                system, or other electronic applications used for a 
                purpose described in subparagraph (A).
            (3) Electronic stamp.--The term ``electronic stamp'' means 
        an electronic version of an actual stamp that--
                    (A) is a unique identifier for the individual to 
                whom it is issued;
                    (B) can be printed on paper or produced through an 
                electronic application with the same indicators as the 
                State endorsement provides;
                    (C) is issued through a State automated licensing 
                system that is authorized, under State law and by the 
                Secretary under this section, to issue electronic 
                stamps;
                    (D) is compatible with the hunting licensing system 
                of the State that issues the electronic stamp; and
                    (E) is described in the State application approved 
                by the Secretary under subsection (c).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Authority to Issue Electronic Duck Stamps.--
            (1) In general.--The Secretary may authorize any State to 
        issue electronic stamps in accordance with this section.
            (2) Consultation.--The Secretary shall implement this 
        subsection in consultation with State management agencies.
    (c) State Application.--
            (1) Approval of application required.--The Secretary may 
        not authorize a State to issue electronic stamps under this 
        section unless the Secretary has received and approved an 
        application submitted by the State in accordance with this 
        subsection.
            (2) Number of new states.--The Secretary may determine the 
        number of new States per year to participate in the electronic 
        stamp program.
            (3) Contents of application.--The Secretary may not approve 
        a State application unless the application contains--
                    (A) a description of the format of the electronic 
                stamp that the State will issue under this section, 
                including identifying features of the licensee that 
                will be specified on the stamp;
                    (B) a description of any fee the State will charge 
                for issuance of an electronic stamp;
                    (C) a description of the process the State will use 
                to account for and transfer to the Secretary the 
                amounts collected by the State that are required to be 
                transferred to the Secretary under the program;
                    (D) the manner by which the State will transmit 
                electronic stamp customer data to the Secretary;
                    (E) the manner by which actual stamps will be 
                delivered;
                    (F) the policies and procedures under which the 
                State will issue duplicate electronic stamps; and
                    (G) such other policies, procedures, and 
                information as may be reasonably required by the 
                Secretary.
    (d) Publication of Deadlines, Eligibility Requirements, and 
Selection Criteria.--Not later than 30 days before the date on which 
the Secretary begins accepting applications under this section, the 
Secretary shall publish--
            (1) deadlines for submission of applications;
            (2) eligibility requirements for submitting applications; 
        and
            (3) criteria for approving applications.
    (e) State Obligations and Authorities.--
            (1) Delivery of actual stamp.--The Secretary shall require 
        that each individual to whom a State sells an electronic stamp 
        under this section shall receive an actual stamp--
                    (A) by not later than the date on which the 
                electronic stamp expires under subsection (f)(3); and
                    (B) in a manner agreed on by the State and 
                Secretary.
            (2) Collection and transfer of electronic stamp revenue and 
        customer information.--
                    (A) Requirement to transmit.--The Secretary shall 
                require each State authorized to issue electronic 
                stamps to collect and submit to the Secretary in 
                accordance with this subsection--
                            (i) the first name, last name, and complete 
                        mailing address of each individual that 
                        purchases an electronic stamp from the State;
                            (ii) the face value amount of each 
                        electronic stamp sold by the State; and
                            (iii) the amount of the Federal portion of 
                        any fee required by the agreement for each 
                        stamp sold.
                    (B) Time of transmittal.--The Secretary shall 
                require the submission under subparagraph (A) to be 
                made with respect to sales of electronic stamps by a 
                State according to the written agreement between the 
                Secretary and the State agency.
                    (C) Additional fees not affected.--This subsection 
                shall not apply to the State portion of any fee 
                collected by a State under paragraph (3).
            (3) Electronic stamp issuance fee.--A State authorized to 
        issue electronic stamps may charge a reasonable fee to cover 
        costs incurred by the State and the Department of the Interior 
        in issuing electronic stamps under this section, including 
        costs of delivery of actual stamps.
            (4) Duplicate electronic stamps.--A State authorized to 
        issue electronic stamps may issue a duplicate electronic stamp 
        to replace an electronic stamp issued by the State that is lost 
        or damaged.
            (5) Limitation on authority to require purchase of state 
        license.--A State may not require that an individual purchase a 
        State hunting license as a condition of issuing an electronic 
        stamp under this section.
    (f) Electronic Stamp Requirements; Recognition of Electronic 
Stamp.--
            (1) Stamp requirements.--The Secretary shall require an 
        electronic stamp issued by a State under this section--
                    (A) to have the same format as any other license, 
                validation, or privilege the State issues under the 
                automated licensing system of the State; and
                    (B) to specify identifying features of the licensee 
                that are adequate to enable Federal, State, and other 
                law enforcement officers to identify the holder.
            (2) Recognition of electronic stamp.--Any electronic stamp 
        issued by a State under this section shall, during the 
        effective period of the electronic stamp--
                    (A) bestow on the licensee the same privileges as 
                are bestowed by an actual stamp;
                    (B) be recognized nationally as a valid Federal 
                migratory bird hunting and conservation stamp; and
                    (C) authorize the licensee to hunt migratory 
                waterfowl in any other State, in accordance with the 
                laws of the other State governing that hunting.
            (3) Duration.--An electronic stamp issued by a State shall 
        be valid for a period agreed to by the State and the Secretary, 
        which shall not exceed 45 days.
    (g) Termination of State Participation.--The authority of a State 
to issue electronic stamps under this section may be terminated--
            (1) by the Secretary, if the Secretary--
                    (A) finds that the State has violated any of the 
                terms of the application of the State approved by the 
                Secretary under subsection (c); and
                    (B) provides to the State written notice of the 
                termination by not later than the date that is 30 days 
                before the date of termination; or
            (2) by the State, by providing written notice to the 
        Secretary by not later than the date that is 30 days before the 
        termination date.

    Subtitle C--Joint Ventures to Protect Migratory Bird Populations

SEC. 231. PURPOSES.

    The purpose of this subtitle is to authorize the Secretary of the 
Interior, acting through the Director, to carry out a partnership 
program called the ``Joint Ventures Program'', in coordination with 
other Federal agencies with management authority over fish and wildlife 
resources and the States, to develop, implement, and support 
innovative, voluntary, cooperative, and effective conservation 
strategies and conservation actions--
            (1) to promote, primarily, sustainable populations of 
        migratory birds, and, secondarily, the fish and wildlife 
        species associated with their habitats;
            (2) to encourage stakeholder and government partnerships 
        consistent with the goals of protecting, improving, and 
        restoring habitat;
            (3) to establish, implement, and improve science-based 
        migratory bird conservation plans and promote and facilitate 
        broader landscape-level conservation of fish and wildlife 
        habitat; and
            (4) to support the goals and objectives of the North 
        American Waterfowl Management Plan and other relevant national 
        and regional, multipartner conservation initiatives, treaties, 
        conventions, agreements, or strategies entered into by the 
        United States, and implemented by the Secretary, that promote 
        the conservation of migratory birds and the habitats of 
        migratory birds.

SEC. 232. DEFINITIONS.

    In this subtitle:
            (1) Conservation action.--The term ``conservation action'' 
        means activities that--
                    (A) support the protection, restoration, adaptive 
                management, conservation, or enhancement of migratory 
                bird populations, their terrestrial, wetland, marine, 
                or other habitats, and other wildlife species supported 
                by those habitats, including--
                            (i) biological and geospatial planning;
                            (ii) landscape and conservation design;
                            (iii) habitat protection, enhancement, and 
                        restoration;
                            (iv) monitoring and tracking;
                            (v) applied research; and
                            (vi) public outreach and education; and
                    (B) incorporate adaptive management and science-
                based monitoring, where applicable, to improve outcomes 
                and ensure efficient and effective use of Federal 
                funds.
            (2) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (3) Implementation plan.--The term ``Implementation Plan'' 
        means an Implementation Plan approved by the Director under 
        section 232.
            (4) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (5) Joint venture.--The term ``Joint Venture'' means a 
        self-directed, voluntary partnership, established and conducted 
        for the purposes described in section 231 and in accordance 
        with section 233.
            (6) Management board.--The term ``Management Board'' means 
        a Joint Venture Management Board established in accordance with 
        section 233.
            (7) Migratory birds.--The term ``migratory birds'' means 
        those species included in the list of migratory birds that 
        appears in section 10.13 of title 50, Code of Federal 
        Regulations, under the authority of the Migratory Bird Treaty 
        Act.
            (8) Program.--The term ``Program'' means the Joint Ventures 
        Program conducted in accordance with this subtitle.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (10) Service.--The term ``Service'' means the United States 
        Fish and Wildlife Service.
            (11) State.--The term ``State'' means--
                    (A) any State of the United States, the District of 
                Columbia, the Commonwealth of Puerto Rico, Guam, the 
                Virgin Islands, American Samoa, and the Commonwealth of 
                the Northern Mariana Islands; and
                    (B) one or more agencies of a State government 
                responsible under State law for managing fish or 
                wildlife resources.

SEC. 233. JOINT VENTURES PROGRAM.

    (a) In General.--The Secretary, acting through the Director, shall 
carry out a Joint Ventures Program that--
            (1) provides financial and technical assistance to support 
        regional migratory bird conservation partnerships;
            (2) develops and implements plans to protect and enhance 
        migratory bird populations throughout their range, that are 
        focused on regional landscapes and habitats that support those 
        populations; and
            (3) complements and supports activities by the Secretary 
        and the Director to fulfill obligations under--
                    (A) the Migratory Bird Treaty Act (16 U.S.C. 701 et 
                seq.);
                    (B) the Migratory Bird Conservation Act (16 U.S.C. 
                715 et seq.);
                    (C) the Neotropical Migratory Bird Conservation Act 
                (16 U.S.C. 6101 et seq.);
                    (D) the North American Wetlands Conservation Act 
                (16 U.S.C. 4401 et seq.);
                    (E) the Fish and Wildlife Conservation Act of 1980 
                (16 U.S.C. 2901 et seq.); and
                    (F) the Partners for Fish and Wildlife Act (16 
                U.S.C. 3771 et seq.).
    (b) Coordination With States.--In the administration of the program 
authorized under this section, the Director shall coordinate and 
cooperate with the States to fulfill the purposes of this subtitle.

SEC. 234. ADMINISTRATION.

    (a) Partnership Agreements.--
            (1) In general.--The Director may enter into an agreement 
        with eligible partners to achieve the purposes described in 
        section 231.
            (2) Eligible partners.--The eligible partners referred to 
        in paragraph (1) are the following:
                    (A) Federal and State agencies and Indian tribes.
                    (B) Affected regional and local governments, 
                private landowners, land managers, and other private 
                stakeholders.
                    (C) Nongovernmental organizations with expertise in 
                bird conservation or fish and wildlife conservation or 
                natural resource and landscape management generally.
                    (D) Other relevant stakeholders, as determined by 
                the Director.
    (b) Management Board.--
            (1) In general.--A partnership agreement for a Joint 
        Venture under this section shall establish a Management Board 
        in accordance with this subsection.
            (2) Membership.--The Management Board shall include a 
        diversity of members representing stakeholder interests from 
        the appropriate geographic region, including, as appropriate, 
        representatives from the Service and other Federal agencies 
        that have management authority over fish and wildlife resources 
        on public lands or in the marine environment, or that implement 
        programs that affect migratory bird habitats, and 
        representatives from the States, Indian tribes, and other 
        relevant stakeholders, and may include--
                    (A) regional governments and Indian tribes;
                    (B) academia or the scientific community;
                    (C) nongovernmental landowners or land managers;
                    (D) nonprofit conservation or other relevant 
                organizations with expertise in migratory bird 
                conservation, or in fish and wildlife conservation 
                generally; and
                    (E) private organizations with a dedicated interest 
                in conserving migratory birds and their habitats.
            (3) Functions and responsibilities.--Subject to applicable 
        Federal and State law, the Management Board shall--
                    (A) appoint a coordinator for the Joint Venture in 
                consultation with the Director;
                    (B) identify other full- or part-time 
                administrative and technical non-Federal employees 
                necessary to perform the functions of the Joint Venture 
                and meet objectives specified in the Implementation 
                Plan; and
                    (C) establish committees or other organizational 
                entities necessary to implement the Implementation Plan 
                in accordance with subsection (c).
            (4) Use of service and federal agency employees.--Subject 
        to the availability of appropriations and upon the request from 
        a Management Board, and after consultation with and approval of 
        the Director, the head of any Federal agency may detail to the 
        Management Board, on a reimbursable or nonreimbursable basis, 
        any agency personnel to assist the Joint Venture in performing 
        its functions under this subtitle.
    (c) Implementation Plan.--
            (1) In general.--Each Joint Venture Management Board shall 
        develop and maintain an Implementation Plan that shall contain, 
        at a minimum, the following elements:
                    (A) A strategic framework for migratory bird 
                conservation.
                    (B) Provisions for effective communication among 
                member participants within the Joint Venture.
                    (C) A long-term strategy to conduct public outreach 
                and education regarding the purposes and activities of 
                the Joint Venture and activities to regularly 
                communicate to the general public information generated 
                by the Joint Venture.
                    (D) Coordination with laws and conservation plans 
                that are relevant to migratory birds, and other 
                relevant regional, national, or international 
                initiatives identified by the Director to conserve 
                migratory birds, their habitats, ecological functions, 
                and associated populations of fish and wildlife.
                    (E) An organizational plan that--
                            (i) identifies the representative 
                        membership of the Management Board and includes 
                        procedures for updating the membership of the 
                        Management Board as appropriate;
                            (ii) describes the organizational structure 
                        of the Joint Venture, including proposed 
                        committees and subcommittees, and procedures 
                        for revising and updating the structure, as 
                        necessary; and
                            (iii) provides a strategy to increase 
                        stakeholder participation or membership in the 
                        Joint Venture.
                    (F) Procedures to coordinate the development, 
                implementation, oversight, monitoring, tracking, and 
                reporting of conservation actions approved by the 
                Management Board and an evaluation process to determine 
                overall effectiveness of activities undertaken by the 
                Joint Venture.
            (2) Review.--A Joint Venture Implementation Plan shall be 
        submitted to the Director for approval.
            (3) Approval.--The Director shall approve an Implementation 
        Plan submitted by the Management Board for a Joint Venture if 
        the Director finds that--
                    (A) implementation of the plan would promote the 
                purposes of this subtitle described in section 231;
                    (B) the members of the Joint Venture have 
                demonstrated the capacity to implement conservation 
                actions identified in the Implementation Plan; and
                    (C) the plan includes coordination with other 
                relevant and active conservation plans or programs 
                within the geographic scope of the Joint Venture.

SEC. 235. GRANTS AND OTHER ASSISTANCE.

    (a) In General.--Except as provided in subsection (b), and subject 
to the availability of appropriations, the Director may award financial 
assistance to implement a Joint Venture through--
            (1) support of the activities of the Management Board of 
        the Joint Venture and to pay for necessary administrative costs 
        and services, personnel, and meetings, travel, and other 
        business activities; and
            (2) support for specific conservation actions and other 
        activities necessary to carry out the Implementation Plan.
    (b) Limitation.--A Joint Venture is not eligible for assistance or 
support authorized in this section unless the Joint Venture is 
operating under an Implementation Plan approved by the Director under 
section 234.
    (c) Technical Assistance.--The Secretary, through the Director, may 
provide technical and administrative assistance for implementation of 
Joint Ventures and the expenditure of financial assistance under this 
subsection.
    (d) Acceptance and Use of Donations.--The Secretary, through the 
Director, may accept and use donations of funds, gifts, and in-kind 
contributions to provide assistance under this section.

SEC. 236. REPORTING.

    (a) Annual Reports by Management Boards.--The Secretary, acting 
through the Director, shall--
            (1) require each Management Board to submit annual reports 
        for all approved Joint Ventures of the Management Board; and
            (2) establish guidance for Joint Venture annual reports, 
        including contents and any necessary processes or procedures.
    (b) Joint Venture Program 5-Year Reviews.--
            (1) In general.--The Secretary, acting through the 
        Director, shall at 5 years after the date of enactment of this 
        Act and at 5-year intervals thereafter, complete an objective 
        and comprehensive review and evaluation of the Program.
            (2) Review contents.--Each review under this subsection 
        shall include--
                    (A) an evaluation of the effectiveness of the 
                Program in meeting the purpose of this subtitle 
                specified in section 231;
                    (B) an evaluation of all approved Implementation 
                Plans, especially the effectiveness of existing 
                conservation strategies, priorities, and methods to 
                meet the objectives of such plans and fulfill the 
                purpose of this subtitle; and
                    (C) recommendations to revise the Program or to 
                amend or otherwise revise Implementation Plans to 
                ensure that activities undertaken pursuant to this 
                subtitle address the effects of climate change on 
                migratory bird populations and their habitats, and fish 
                and wildlife habitats, in general.
            (3) Consultation.--The Secretary, acting through the 
        Director, in the implementation of this subsection--
                    (A) shall consult with other appropriate Federal 
                agencies with responsibility for the conservation or 
                management of fish and wildlife habitat and appropriate 
                State agencies; and
                    (B) may consult with appropriate, Indian tribes, 
                Flyway Councils, or regional conservation 
                organizations, public and private landowners, members 
                of academia and the scientific community, and other 
                nonprofit conservation or private stakeholders.
            (4) Public comment.--The Secretary, through the Director, 
        shall provide for adequate opportunities for general public 
        review and comment of the Program as part of the 5-year 
        evaluations conducted pursuant to this subsection.

SEC. 237. RELATIONSHIP TO OTHER AUTHORITIES.

    (a) Authorities, etc. of Secretary.--Nothing in this subtitle 
affects authorities, responsibilities, obligations, or powers of the 
Secretary under any other Act.
    (b) State Authority.--Nothing in this subtitle preempts any 
provision or enforcement of a State statute or regulation relating to 
the management of fish and wildlife resources within such State.

SEC. 238. FEDERAL ADVISORY COMMITTEE ACT.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to any boards, committees, or other groups established under this 
subtitle.

                      Subtitle D--Reauthorizations

SEC. 241. NORTH AMERICAN WETLANDS CONSERVATION ACT.

    Section 7(c)(5) of the North American Wetlands Conservation Act (16 
U.S.C. 4406(c)(5)) is amended by striking ``2012'' and inserting 
``2017''.

SEC. 242. PARTNERS FOR FISH AND WILDLIFE ACT.

    Section 5 of the Partners for Fish and Wildlife Act (16 U.S.C. 
3774) is amended by striking ``2011'' and inserting ``2017''.

SEC. 243. NATIONAL FISH AND WILDLIFE FOUNDATION REAUTHORIZATION.

    (a) Board of Directors of the Foundation.--
            (1) In general.--Section 3 of the National Fish and 
        Wildlife Foundation Establishment Act (16 U.S.C. 3702) is 
        amended--
                    (A) in subsection (b)--
                            (i) by striking paragraph (2) and inserting 
                        the following:
            ``(2) In general.--After consulting with the Secretary of 
        Commerce and considering the recommendations submitted by the 
        Board, the Secretary of the Interior shall appoint 28 Directors 
        who, to the maximum extent practicable, shall--
                    ``(A) be knowledgeable and experienced in matters 
                relating to conservation of fish, wildlife, or other 
                natural resources; and
                    ``(B) represent a balance of expertise in ocean, 
                coastal, freshwater, and terrestrial resource 
                conservation.''; and
                            (ii) by striking paragraph (3) and 
                        inserting the following:
            ``(3) Terms.--Each Director (other than a Director 
        described in paragraph (1)) shall be appointed for a term of 6 
        years.''; and
                    (B) in subsection (g)(2)--
                            (i) in subparagraph (A), by striking ``(A) 
                        Officers and employees may not be appointed 
                        until the Foundation has sufficient funds to 
                        pay them for their service. Officers'' and 
                        inserting the following:
                    ``(A) In general.--Officers''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Executive director.--The Foundation shall 
                have an Executive Director who shall be--
                            ``(i) appointed by, and serve at the 
                        direction of, the Board as the chief executive 
                        officer of the Foundation; and
                            ``(ii) knowledgeable and experienced in 
                        matters relating to fish and wildlife 
                        conservation.''.
            (2) Conforming amendment.--Section 4(a)(1)(B) of the North 
        American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) is 
        amended by striking ``Secretary of the Board'' and inserting 
        ``Executive Director of the Board''.
    (b) Rights and Obligations of the Foundation.--Section 4 of the 
National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
3703) is amended--
            (1) in subsection (c)--
                    (A) by striking ``(c) Powers.--To carry out its 
                purposes under'' and inserting the following:
    ``(c) Powers.--
            ``(1) In general.--To carry out the purposes described 
        in'';
                    (B) by redesignating paragraphs (1) through (11) as 
                subparagraphs (A) through (K), respectively, and 
                indenting appropriately;
                    (C) in subparagraph (D) (as redesignated by 
                subparagraph (B)), by striking ``that are insured by an 
                agency or instrumentality of the United States'' and 
                inserting ``at 1 or more financial institutions that 
                are members of the Federal Deposit Insurance 
                Corporation or the Securities Investment Protection 
                Corporation'';
                    (D) in subparagraph (E) (as redesignated by 
                subparagraph (B)), by striking ``paragraph (3) or (4)'' 
                and inserting ``subparagraph (C) or (D)'';
                    (E) in subparagraph (J) (as redesignated by 
                subparagraph (B)), by striking ``; and'' and inserting 
                a semicolon;
                    (F) by striking subparagraph (K) (as redesignated 
                by subparagraph (B)) and inserting the following:
                    ``(K) to receive and administer restitution and 
                community service payments, amounts for mitigation of 
                impacts to natural resources, and other amounts arising 
                from legal, regulatory, or administrative proceedings, 
                subject to the condition that the amounts are received 
                or administered for purposes that further the 
                conservation and management of fish, wildlife, plants, 
                and other natural resources; and
                    ``(L) to do any and all acts necessary and proper 
                to carry out the purposes of the Foundation.''; and
                    (G) by striking the undesignated matter at the end 
                and inserting the following:
            ``(2) Treatment of real property.--
                    ``(A) In general.--For purposes of this Act, an 
                interest in real property shall be treated as including 
                easements or other rights for preservation, 
                conservation, protection, or enhancement by and for the 
                public of natural, scenic, historic, scientific, 
                educational, inspirational, or recreational resources.
                    ``(B) Encumbered real property.--A gift, devise, or 
                bequest may be accepted by the Foundation even though 
                the gift, devise, or bequest is encumbered, restricted, 
                or subject to beneficial interests of private persons 
                if any current or future interest in the gift, devise, 
                or bequest is for the benefit of the Foundation.
            ``(3) Savings clause.--The acceptance and administration of 
        amounts by the Foundation under paragraph (1)(K) does not 
        alter, supersede, or limit any regulatory or statutory 
        requirement associated with those amounts.'';
            (2) by striking subsections (f) and (g); and
            (3) by redesignating subsections (h) and (i) as subsections 
        (f) and (g), respectively.
    (c) Authorization of Appropriations.--Section 10 of the National 
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is 
amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this Act for each of fiscal years 2012 through 
        2017--
                    ``(A) $20,000,000 to the Secretary of the Interior;
                    ``(B) $5,000,000 to the Secretary of Agriculture; 
                and
                    ``(C) $5,000,000 to the Secretary of Commerce.'';
            (2) in subsection (b)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) Amounts from federal agencies.--
                    ``(A) In general.--In addition to the amounts 
                authorized to be appropriated under subsection (a), 
                Federal departments, agencies, or instrumentalities may 
                provide funds to the Foundation, subject to the 
                condition that the amounts are used for purposes that 
                further the conservation and management of fish, 
                wildlife, plants, and other natural resources in 
                accordance with this Act.
                    ``(B) Advances.--Federal departments, agencies, or 
                instrumentalities may advance amounts described in 
                subparagraph (A) to the Foundation in a lump sum 
                without regard to when the expenses for which the 
                amounts are used are incurred.
                    ``(C) Management fees.--The Foundation may assess 
                and collect fees for the management of amounts received 
                under this paragraph.'';
                    (B) in paragraph (2)--
                            (i) in the paragraph heading, by striking 
                        ``funds'' and inserting ``amounts'';
                            (ii) by striking ``shall be used'' and 
                        inserting ``may be used''; and
                            (iii) by striking ``and State and local 
                        government agencies'' and inserting ``, State 
                        and local government agencies, and other 
                        entities''; and
                    (C) by adding at the end the following:
            ``(3) Administration of amounts.--
                    ``(A) In general.--In entering into contracts, 
                agreements, or other partnerships pursuant to this Act, 
                a Federal department, agency, or instrumentality shall 
                have discretion to waive any competitive process of 
                that department, agency, or instrumentality for 
                entering into contracts, agreements, or partnerships 
                with the Foundation if the purpose of the waiver is--
                            ``(i) to address an environmental emergency 
                        resulting from a natural or other disaster; or
                            ``(ii) as determined by the head of the 
                        applicable Federal department, agency, or 
                        instrumentality, to reduce administrative 
                        expenses and expedite the conservation and 
                        management of fish, wildlife, plants, and other 
                        natural resources.
                    ``(B) Reports.--The Foundation shall include in the 
                annual report submitted under section 7(b) a 
                description of any use of the authority under 
                subparagraph (A) by a Federal department, agency, or 
                instrumentality in that fiscal year.''; and
            (3) by adding at the end the following:
    ``(d) Use of Gifts, Devises, or Bequests of Money or Other 
Property.--Any gifts, devises, or bequests of amounts or other 
property, or any other amounts or other property, transferred to, 
deposited with, or otherwise in the possession of the Foundation 
pursuant to this Act, may be made available by the Foundation to 
Federal departments, agencies, or instrumentalities and may be accepted 
and expended (or the disposition of the amounts or property directed), 
without further appropriation, by those Federal departments, agencies, 
or instrumentalities, subject to the condition that the amounts or 
property be used for purposes that further the conservation and 
management of fish, wildlife, plants, and other natural resources.''.
    (d) Limitation on Authority.--Section 11 of the National Fish and 
Wildlife Foundation Establishment Act (16 U.S.C. 3710) is amended by 
inserting ``exclusive'' before ``authority''.

SEC. 244. MULTINATIONAL SPECIES CONSERVATION FUNDS SEMIPOSTAL STAMP.

    Section 2(c) of the Multinational Species Conservation Funds 
Semipostal Stamp Act of 2010 (Public Law 111-241; 39 U.S.C. 416 note) 
is amended--
            (1) in paragraph (2), by striking ``2 years'' and inserting 
        ``6 years''; and
            (2) by adding at the end the following:
            ``(5) Stamp depictions.--Members of the public shall be 
        offered a choice of 5 stamps under this Act, depicting an 
        African elephant or an Asian elephant, a rhinoceros, a tiger, a 
        marine turtle, and a great ape, respectively.''.

SEC. 245. MULTINATIONAL SPECIES CONSERVATION FUNDS REAUTHORIZATIONS.

    (a) African Elephants.--Section 2306(a) of the African Elephant 
Conservation Act (16 U.S.C. 4245(a)) is amended by striking ``2007 
through 2012'' and inserting ``2012 through 2017''.
    (b) Asian Elephants.--Section 8(a) of the Asian Elephant 
Conservation Act of 1997 (16 U.S.C. 4266(a)) is amended by striking 
``2007 through 2012'' and inserting ``2012 through 2017''.
    (c) Rhinoceros and Tigers.--Section 10(a) of the Rhinoceros and 
Tiger Conservation Act of 1994 (16 U.S.C. 5306(a)) is amended by 
striking ``2007 through 2012'' and inserting ``2012 through 2017''.
    (d) Great Apes.--Section 6 of the Great Ape Conservation Act of 
2000 (16 U.S.C. 6305) is amended by striking ``2006 through 2010'' and 
inserting ``2012 through 2017''.
    (e) Marine Turtles.--Section 7 of the Marine Turtle Conservation 
Act of 2004 (16 U.S.C. 6606) is amended by striking ``2005 through 
2009'' and inserting ``2012 through 2017''.

SEC. 246. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT.

    Section 10 of the Neotropical Migratory Bird Conservation Act (16 
U.S.C. 6109) is amended to read as follows:

``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry 
out this Act $6,500,000 for each of fiscal years 2012 through 2017.
    ``(b) Use of Funds.--Of the amounts made available under subsection 
(a) for each fiscal year, not less than 75 percent shall be expended 
for projects carried out at a location outside of the United States.''.

SEC. 247. FEDERAL LAND TRANSACTION FACILITATION ACT.

    The Federal Land Transaction Facilitation Act is amended--
            (1) in section 203(2) (43 U.S.C. 2302(2)), by striking ``on 
        the date of enactment of this Act was'' and inserting ``is'';
            (2) in section 205 (43 U.S.C. 2304)--
                    (A) in subsection (a), by striking ``this Act'' and 
                inserting ``the Sportsmen's Act of 2012''; and
                    (B) in subsection (d), by striking ``11'' and 
                inserting ``22'';
            (3) in section 206 (43 U.S.C. 2305), by striking subsection 
        (f); and
            (4) in section 207(b) (43 U.S.C. 2306(b))--
                    (A) in paragraph (1)--
                            (i) by striking ``96-568'' and inserting 
                        ``96-586''; and
                            (ii) by striking ``; or'' and inserting a 
                        semicolon;
                    (B) in paragraph (2)--
                            (i) by inserting ``Public Law 105-263;'' 
                        before ``112 Stat.''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(3) the White Pine County Conservation, Recreation, and 
        Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
            ``(4) the Lincoln County Conservation, Recreation, and 
        Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
            ``(5) subtitle F of title I of the Omnibus Public Land 
        Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-
        11);
            ``(6) subtitle O of title I of the Omnibus Public Land 
        Management Act of 2009 (16 U.S.C. 460www note, 1132 note; 
        Public Law 111-11);
            ``(7) section 2601 of the Omnibus Public Land Management 
        Act of 2009 (Public Law 111-11; 123 Stat. 1108); or
            ``(8) section 2606 of the Omnibus Public Land Management 
        Act of 2009 (Public Law 111-11; 123 Stat. 1121).''.

SEC. 248. NUTRIA ERADICATION AND CONTROL.

    (a) Findings; Purpose.--Section 2 of the Nutria Eradication and 
Control Act of 2003 (Public Law 108-16; 117 Stat. 621) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``and in 
                Louisiana'' and inserting ``, the State of Louisiana, 
                and other coastal States'';
                    (B) in paragraph (2), by striking ``in Maryland and 
                Louisiana on Federal, State, and private land'' and 
                inserting ``on Federal, State, and private land in the 
                States of Maryland and Louisiana and in other coastal 
                States''; and
                    (C) by striking paragraphs (3) and (4) and 
                inserting the following:
            ``(3) This Act authorizes the Maryland Nutria Project, 
        which has successfully eradicated nutria from more than 130,000 
        acres of Chesapeake Bay wetlands in the State of Maryland and 
        facilitated the creation of voluntary, public-private 
        partnerships and more than 406 cooperative landowner 
        agreements.
            ``(4) This Act and the Coastal Wetlands Planning, 
        Protection, and Restoration Act (16 U.S.C. 3951 et seq.) 
        authorize the Coastwide Nutria Control Program, which has 
        reduced nutria-impacted wetland acres in the State of Louisiana 
        from 80,000 acres to 23,141 acres.
            ``(5) The proven techniques developed under this Act that 
        are eradicating nutria in the State of Maryland and reducing 
        the acres of nutria-impacted wetlands in the State of Louisiana 
        should be applied to nutria eradication or control programs in 
        other nutria-infested coastal States''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Purpose.--The purpose of this Act is to authorize the 
Secretary of the Interior to provide financial assistance to the States 
of Delaware, Louisiana, Maryland, North Carolina, Oregon, Virginia, and 
Washington to carry out activities--
            ``(1) to eradicate or control nutria; and
            ``(2) to restore nutria damaged wetlands.''.
    (b) Definitions.--The Nutria Eradication and Control Act of 2003 
(Public Law 108-16; 117 Stat. 621) is amended--
            (1) by redesignating sections 3 and 4 as sections 4 and 5, 
        respectively; and
            (2) by inserting after section 2 the following:

``SEC. 3. DEFINITIONS.

    ``In this Act:
            ``(1) Coastal state.--The term `coastal State' means each 
        of the States of Delaware, Oregon, North Carolina, Virginia, 
        and Washington.
            ``(2) Program.--The term `program' means the nutria 
        eradication program established by section 4(a).
            ``(3) Public-private partnership.--The term `public-private 
        partnership' means a voluntary, cooperative project undertaken 
        by governmental entities or public officials and affected 
        communities, local citizens, nongovernmental organizations, or 
        other entities or persons in the private sector.
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.''.
    (c) Nutria Eradication Program.--Section 4 of the Nutria 
Eradication and Control Act of 2003 (Public Law 108-16; 117 Stat. 621) 
(as redesignated by subsection (b)) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--The Secretary may, subject to the availability 
of appropriations, provide financial assistance to the States of 
Maryland and Louisiana and the coastal States to implement measures--
            ``(1) to eradicate or control nutria; and
            ``(2) to restore wetlands damaged by nutria.'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by inserting ``the State of'' 
                before ``Maryland'';
                    (B) in paragraph (2), by striking ``other States'' 
                and inserting ``the coastal States''; and
                    (C) in paragraph (3), by striking ``marshland'' and 
                inserting ``wetlands'';
            (3) in subsection (c)--
                    (A) by striking ``(c) Activities'' and inserting 
                ``(c) Activities in the State of Maryland''; and
                    (B) by inserting ``, and updated in March 2009'' 
                before the period at the end;
            (4) in subsection (e), by striking ``financial assistance 
        provided by the Secretary under this section'' and inserting 
        ``the amounts made available under subsection (f) to carry out 
        the program''; and
            (5) by striking subsection (f) and inserting the following:
    ``(f) Authorization of Appropriations.--Subject to subsection (e), 
there is authorized to be appropriated to the Secretary to carry out 
the program $6,000,000 for each of fiscal years 2012 through 2016, of 
which--
            ``(1) $2,000,000 shall be used to provide financial 
        assistance to the State of Maryland;
            ``(2) $2,000,000 shall be used to provide financial 
        assistance to the State of Louisiana; and
            ``(3) $2,000,000 shall be used to provide financial 
        assistance, on a competitive basis, to other coastal States.''.
    (d) Report.--Section 5 of the Nutria Eradication and Control Act of 
2003 (Public Law 108-16; 117 Stat. 621) (as redesignated by subsection 
(b)) is amended--
            (1) in paragraph (1), by striking ``2002 document entitled 
        `Eradication Strategies for Nutria in the Chesapeake and 
        Delaware Bay Watersheds'; and'' and inserting ``March 2009 
        update of the document entitled `Eradication Strategies for 
        Nutria in the Chesapeake and Delaware Bay Watersheds' and 
        originally dated March 2002;'';
            (2) in paragraph (2)--
                    (A) by striking ``develop'' and inserting 
                ``continue''; and
                    (B) by striking the period at the end and inserting 
                ``; and''; and
            (3) by adding after paragraph (2) the following:
            ``(3) develop, in cooperation with the State of Delaware 
        Department of Natural Resources and Environmental Control, the 
        State of Virginia Department of Game and Inland Fisheries, the 
        State of Oregon Department of Fish and Wildlife, the State of 
        North Carolina Department of Environment and Natural Resources, 
        and the State of Washington Department of Fish and Wildlife, 
        long-term nutria control or eradication programs, as 
        appropriate, with the objective of--
                    ``(A) significantly reducing and restoring the 
                damage nutria cause to coastal wetlands in the coastal 
                States; and
                    ``(B) promoting voluntary, public-private 
                partnerships to eradicate or control nutria and 
                restoring nutria-damaged wetlands in the coastal 
                States.''.
                                                       Calendar No. 504

112th CONGRESS

  2d Session

                                S. 3525

_______________________________________________________________________

                                 A BILL

To protect and enhance opportunities for recreational hunting, fishing, 
                 and shooting, and for other purposes.

_______________________________________________________________________

                           September 11, 2012

            Read the second time and placed on the calendar
```