II 

Calendar No. 371 

114TH CONGRESS 

2D SESSION S. 659 

[Report No. 114–210] 

To protect and enhance opportunities for recreational hunting, fishing, and 

shooting, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 4, 2015 

Mr. SULLIVAN introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

FEBRUARY 24, 2016 

Reported by Mr. INHOFE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To protect and enhance opportunities for recreational 

hunting, fishing, and shooting, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Bipartisan Sportsmen’s Act of 2015’’. 


srobinson on DSK5SPTVN1PROD with BILLS
2 

•S 659 RS

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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Modification of definition of sport fishing equipment under the Toxic 

Substances Control Act. 

Sec. 3. Target practice and marksmanship. 

Sec. 4. Permits for importation of polar bear trophies taken in sport hunts in 

Canada. 

Sec. 5. Baiting of migratory game birds. 

Sec. 6. Protecting the right of individuals to bear arms at water resources development projects. 

Sec. 7. North American Wetlands Conservation Act. 

Sec. 8. Multinational Species Conservation Funds Reauthorization. 

Sec. 9. Interest on obligations held in the wildlife restoration fund. 

3 SEC. 2. MODIFICATION OF DEFINITION OF SPORT FISHING 

4 EQUIPMENT UNDER THE TOXIC SUBSTANCES 

5 CONTROL ACT. 

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

7 (15 U.S.C. 2602(2)(B)) is amended— 

8 (1) in clause (v), by striking ‘‘, and’’ and insert9 ing ‘‘, or any component of any such article includ10 ing, without limitation, shot, bullets and other pro11 jectiles, propellants, and primers,’’; 

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

13 end and inserting ‘‘, and’’; and 

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

15 ‘‘(vii) any sport fishing equipment (as such 

16 term is defined in section 4162(a) of the Internal 

17 Revenue Code of 1986) the sale of which is subject 

18 to the tax imposed by section 4161(a) of such Code 

19 (determined without regard to any exemptions from 

20 such tax provided by section 4162 or 4221 or any 


srobinson on DSK5SPTVN1PROD with BILLS
3 

•S 659 RS

1 other provision of such Code), and sport fishing 

2 equipment components.’’. 

3 SEC. 3. TARGET PRACTICE AND MARKSMANSHIP. 

4 (a) PURPOSE.—The purpose of this section is to fa5 cilitate the construction and expansion of public target 

6 ranges, including ranges on Federal land managed by the 

7 Forest Service and the Bureau of Land Management. 

8 (b) DEFINITION OF PUBLIC TARGET RANGE.—In 

9 this section, the term ‘‘public target range’’ means a spe10 cific location that— 

11 (1) is identified by a governmental agency for 

12 recreational shooting; 

13 (2) is open to the public; 

14 (3) may be supervised; and 

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

16 shotgun shooting. 

17 (c) AMENDMENTS TO PITTMAN-ROBERTSON WILD18 LIFE RESTORATION ACT.— 

19 (1) DEFINITIONS.—Section 2 of the Pittman20 Robertson Wildlife Restoration Act (16 U.S.C. 

21 669a) is amended— 

22 (A) by redesignating paragraphs (2) 

23 through (8) as paragraphs (3) through (9), re24 spectively; and 


srobinson on DSK5SPTVN1PROD with BILLS
4 

•S 659 RS

1 (B) by inserting after paragraph (1) the 

2 following: 

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

4 specific location that— 

5 ‘‘(A) is identified by a governmental agen6 cy for recreational shooting; 

7 ‘‘(B) is open to the public; 

8 ‘‘(C) may be supervised; and 

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

10 pistol, or shotgun shooting;’’. 

11 (2) EXPENDITURES FOR MANAGEMENT OF

12 WILDLIFE AREAS AND RESOURCES.—Section 8(b) of 

13 the Pittman-Robertson Wildlife Restoration Act (16 

14 U.S.C. 669g(b)) is amended— 

15 (A) by striking ‘‘(b) Each State’’ and in16 serting the following: 

17 ‘‘(b) EXPENDITURES FOR MANAGEMENT OF WILD18 LIFE AREAS AND RESOURCES.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2), each State’’; 

21 (B) in paragraph (1) (as so designated), by 

22 striking ‘‘construction, operation,’’ and insert23 ing ‘‘operation’’; 


srobinson on DSK5SPTVN1PROD with BILLS
5 

•S 659 RS

1 (C) in the second sentence, by striking 

2 ‘‘The non-Federal share’’ and inserting the fol3 lowing: 

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

5 share’’; 

6 (D) in the third sentence, by striking ‘‘The 

7 Secretary’’ and inserting the following: 

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

9 (E) by inserting after paragraph (1) (as 

10 designated by subparagraph (A)) the following: 

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

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

15 (3) FIREARM AND BOW HUNTER EDUCATION

16 AND SAFETY PROGRAM GRANTS.—Section 10 of the 

17 Pittman-Robertson Wildlife Restoration Act (16 

18 U.S.C. 669h–1) is amended— 

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

20 the following: 

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

22 Of the amount apportioned to a State for any fiscal 

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

25 the amount apportioned to the State under paraVerDate Sep 11 2014 21:34 Feb 24, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S659.RS S659

srobinson on DSK5SPTVN1PROD with BILLS
6 

•S 659 RS

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

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

3 (B) by striking subsection (b) and insert4 ing the following: 

5 ‘‘(b) COST SHARING.— 

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

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

11 ‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR

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

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

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

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

17 and 

18 (C) in subsection (c)(1)— 

19 (i) by striking ‘‘Amounts made’’ and 

20 inserting the following: 

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

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

23 (ii) by adding at the end the fol24 lowing: 


srobinson on DSK5SPTVN1PROD with BILLS
7 

•S 659 RS

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

2 acquiring land for, constructing, or expanding a 

3 public target range shall remain available for 

4 expenditure and obligation during the 5-fiscal5 year period beginning on October 1 of the first 

6 fiscal year for which the amounts are made 

7 available.’’. 

8 (d) SENSE OF CONGRESS REGARDING COOPERA9 TION.—It is the sense of Congress that, consistent with 

10 applicable laws (including regulations), the Chief of the 

11 Forest Service and the Director of the Bureau of Land 

12 Management should cooperate with State and local au13 thorities and other entities to carry out waste removal and 

14 other activities on any Federal land used as a public target 

15 range to encourage continued use of that land for target 

16 practice or marksmanship training. 

17 SEC. 4. PERMITS FOR IMPORTATION OF POLAR BEAR TRO18 PHIES TAKEN IN SPORT HUNTS IN CANADA. 

19 Section 104(c)(5)(D) of the Marine Mammal Protec20 tion Act of 1972 (16 U.S.C. 1374(c)(5)(D)) is amended 

21 to read as follows: 

22 ‘‘(D)(i) The Secretary of the Interior shall, ex23 peditiously after the expiration of the applicable 30- 

24 day period under subsection (d)(2), issue a permit 

25 for the importation of any polar bear part (other 


srobinson on DSK5SPTVN1PROD with BILLS
8 

•S 659 RS

1 than an internal organ) from a polar bear taken in 

2 a sport hunt in Canada to any person— 

3 ‘‘(I) who submits, with the permit applica4 tion, proof that the polar bear was legally har5 vested by the person before February 18, 1997; 

6 or 

7 ‘‘(II) who has submitted, in support of a 

8 permit application submitted before May 15, 

9 2008, proof that the polar bear was legally har10 vested by the person before May 15, 2008, from 

11 a polar bear population from which a sport12 hunted trophy could be imported before that 

13 date in accordance with section 18.30(i) of title 

14 50, Code of Federal Regulations. 

15 ‘‘(ii) The Secretary shall issue permits under 

16 clause (i)(I) without regard to subparagraphs (A) 

17 and (C)(ii) of this paragraph, subsection (d)(3), and 

18 sections 101 and 102. Sections 101(a)(3)(B) and 

19 102(b)(3) shall not apply to the importation of any 

20 polar bear part authorized by a permit issued under 

21 clause (i)(I). This clause shall not apply to polar 

22 bear parts that were imported before June 12, 1997. 

23 ‘‘(iii) The Secretary shall issue permits under 

24 clause (i)(II) without regard to subparagraph (C)(ii) 

25 of this paragraph or subsection (d)(3). Sections 


srobinson on DSK5SPTVN1PROD with BILLS
9 

•S 659 RS

1 101(a)(3)(B) and 102(b)(3) shall not apply to the 

2 importation of any polar bear part authorized by a 

3 permit issued under clause (i)(II). This clause shall 

4 not apply to polar bear parts that were imported be5 fore the date of enactment of the Bipartisan Sports6 men’s Act of 2015.’’. 

7 SEC. 5. BAITING OF MIGRATORY GAME BIRDS. 

8 Section 3 of the Migratory Bird Treaty Act (16 

9 U.S.C. 704) is amended by striking subsection (b) and in10 serting the following: 

11 ‘‘(b) PROHIBITION OF BAITING.— 

12 ‘‘(1) DEFINITIONS.—In this subsection: 

13 ‘‘(A) BAITED AREA.— 

14 ‘‘(i) IN GENERAL.—The term ‘baited 

15 area’ means— 

16 ‘‘(I) any area on which salt, 

17 grain, or other feed has been placed, 

18 exposed, deposited, distributed, or 

19 scattered, if the salt, grain, or feed 

20 could lure or attract migratory game 

21 birds; and 

22 ‘‘(II) in the case of waterfowl, 

23 cranes (family Gruidae), and coots 

24 (family Rallidae), a standing, 

25 unharvested crop that has been maVerDate Sep 11 2014 21:34 Feb 24, 2016 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S659.RS S659

srobinson on DSK5SPTVN1PROD with BILLS
10 

•S 659 RS

1 nipulated through activities such as 

2 mowing, discing, or rolling, unless the 

3 activities are normal agricultural prac4 tices. 

5 ‘‘(ii) EXCLUSIONS.—An area shall not 

6 be considered to be a ‘baited area’ if the 

7 area— 

8 ‘‘(I) has been treated with a nor9 mal agricultural practice; 

10 ‘‘(II) has standing crops that 

11 have not been manipulated; or 

12 ‘‘(III) has standing crops that 

13 have been or are flooded. 

14 ‘‘(B) BAITING.—The term ‘baiting’ means 

15 the direct or indirect placing, exposing, depos16 iting, distributing, or scattering of salt, grain, 

17 or other feed that could lure or attract migra18 tory game birds to, on, or over any areas on 

19 which a hunter is attempting to take migratory 

20 game birds. 

21 ‘‘(C) MIGRATORY GAME BIRD.—The term 

22 ‘migratory game bird’ means migratory bird 

23 species— 


srobinson on DSK5SPTVN1PROD with BILLS
11 

•S 659 RS

1 ‘‘(i) that are within the taxonomic 

2 families of Anatidae, Columbidae, Gruidae, 

3 Rallidae, and Scolopacidae; and 

4 ‘‘(ii) for which open seasons are pre5 scribed by the Secretary of the Interior. 

6 ‘‘(D) NORMAL AGRICULTURAL PRAC7 TICE.— 

8 ‘‘(i) IN GENERAL.—The term ‘normal 

9 agricultural practice’ means any practice in 

10 1 annual growing season that— 

11 ‘‘(I) is carried out in order to 

12 produce a marketable crop, including 

13 planting, harvest, post-harvest, or soil 

14 conservation practices; and 

15 ‘‘(II) is recommended for the 

16 successful harvest of a given crop by 

17 the applicable State office of the Co18 operative Extension System of the De19 partment of Agriculture, in consulta20 tion with, and if requested, the con21 currence of, the head of the applicable 

22 State department of fish and wildlife. 

23 ‘‘(ii) INCLUSIONS.— 

24 ‘‘(I) IN GENERAL.—Subject to 

25 subclause (II), the term ‘normal agriVerDate Sep 11 2014 21:34 Feb 24, 2016 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S659.RS S659

srobinson on DSK5SPTVN1PROD with BILLS
12 

•S 659 RS

1 cultural practice’ includes the destruc2 tion of a crop in accordance with 

3 practices required by the Federal 

4 Crop Insurance Corporation for agri5 cultural producers to obtain crop in6 surance under the Federal Crop In7 surance Act (7 U.S.C. 1501 et seq.) 

8 on land on which a crop during the 

9 current or immediately preceding crop 

10 year was not harvestable due to a nat11 ural disaster (including any hurricane, 

12 storm, tornado, flood, high water, 

13 wind-driven water, tidal wave, tsu14 nami, earthquake, volcanic eruption, 

15 landslide, mudslide, drought, fire, 

16 snowstorm, or other catastrophe that 

17 is declared a major disaster by the 

18 President in accordance with section 

19 401 of the Robert T. Stafford Dis20 aster Relief and Emergency Assist21 ance Act (42 U.S.C. 5170)). 

22 ‘‘(II) LIMITATIONS.—The term 

23 ‘normal agricultural practice’ only in24 cludes a crop described in subclause 

25 (I) that has been destroyed or manipVerDate Sep 11 2014 21:34 Feb 24, 2016 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\S659.RS S659

srobinson on DSK5SPTVN1PROD with BILLS
13 

•S 659 RS

1 ulated through activities that include 

2 (but are not limited to) mowing, 

3 discing, or rolling if the Federal Crop 

4 Insurance Corporation certifies that 

5 flooding was not an acceptable method 

6 of destruction to obtain crop insur7 ance under the Federal Crop Insur8 ance Act (7 U.S.C. 1501 et seq.). 

9 ‘‘(E) WATERFOWL.—The term ‘waterfowl’ 

10 means native species of the family Anatidae. 

11 ‘‘(2) PROHIBITION.—It shall be unlawful for 

12 any person— 

13 ‘‘(A) to take any migratory game bird by 

14 baiting or on or over any baited area, if the 

15 person knows or reasonably should know that 

16 the area is a baited area; or 

17 ‘‘(B) to place or direct the placement of 

18 bait on or adjacent to an area for the purpose 

19 of causing, inducing, or allowing any person to 

20 take or attempt to take any migratory game 

21 bird by baiting or on or over the baited area. 

22 ‘‘(3) REGULATIONS.—The Secretary of the In23 terior may promulgate regulations to implement this 

24 subsection. 


srobinson on DSK5SPTVN1PROD with BILLS
14 

•S 659 RS

1 ‘‘(4) REPORTS.—Annually, the Secretary of Ag2 riculture shall submit to the Secretary of the Inte3 rior a report that describes any changes to normal 

4 agricultural practices across the range of crops 

5 grown by agricultural producers in each region of 

6 the United States in which the recommendations are 

7 provided to agricultural producers.’’. 

8 SEC. 6. PROTECTING THE RIGHT OF INDIVIDUALS TO BEAR 

9 ARMS AT WATER RESOURCES DEVELOPMENT 

10 PROJECTS. 

11 The Secretary of the Army shall not promulgate or 

12 enforce any regulation that prohibits an individual from 

13 possessing a firearm, including an assembled or functional 

14 firearm, in any area open to the public (other than a Fed15 eral facility as defined in section 930(g) of title 18, United 

16 States Code) at a water resources development project 

17 covered under section 327.0 of title 36, Code of Federal 

18 Regulations (as in effect on the date of enactment of this 

19 Act), if— 

20 (1) the individual is not otherwise prohibited by 

21 law from possessing the firearm; and 

22 (2) the possession of the firearm is in compli23 ance with the law of the State in which the water 

24 resources development project is located. 


srobinson on DSK5SPTVN1PROD with BILLS
15 

•S 659 RS

1 SEC. 7. NORTH AMERICAN WETLANDS CONSERVATION ACT. 

2 Section 7(c) of the North American Wetlands Con3 servation Act (16 U.S.C. 4406(c)) is amended— 

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

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

6 the end and inserting ‘‘; and’’; and 

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

8 ‘‘(6) $50,000,000 for each of fiscal years 2015 

9 through 2020.’’. 

10 SEC. 8. MULTINATIONAL SPECIES CONSERVATION FUNDS 

11 REAUTHORIZATION. 

12 (a) REAUTHORIZATION OF AFRICAN ELEPHANT CON13 SERVATION ACT.—Section 2306(a) of the African Ele14 phant Conservation Act (16 U.S.C. 4245(a)) is amended 

15 by striking ‘‘2007 through 2012’’ and inserting ‘‘2016 

16 through 2020’’. 

17 (b) REAUTHORIZATION OF RHINOCEROS AND TIGER

18 CONSERVATION ACT OF 1994.—Section 10(a) of the Rhi19 noceros and Tiger Conservation Act of 1994 (16 U.S.C. 

20 5306(a)) is amended by striking ‘‘2007 through 2012’’ 

21 and inserting ‘‘2016 through 2020’’. 

22 (c) REAUTHORIZATION OF ASIAN ELEPHANT CON23 SERVATION ACT OF 1997.—Section 8(a) of the Asian Ele24 phant Conservation Act of 1997 (16 U.S.C. 4266(a)) is 

25 amended by striking ‘‘2007 through 2012’’ and inserting 

26 ‘‘2016 through 2020’’. 


srobinson on DSK5SPTVN1PROD with BILLS
16 

•S 659 RS

1 (d) AMENDMENT AND REAUTHORIZATION OF GREAT

2 APE CONSERVATION ACT OF 2000.—The Great Ape Con3 servation Act of 2000 is amended as follows: 

4 (1) MULTIYEAR GRANTS.—In section 4 (16 

5 U.S.C. 6303), by adding at the end the following 

6 new subsections: 

7 ‘‘(j) MULTIYEAR GRANTS.— 

8 ‘‘(1) IN GENERAL.—The Secretary may award 

9 a multiyear grant under this section to a person who 

10 is otherwise eligible for a grant under this section, 

11 to carry out a project that the person demonstrates 

12 is an effective, long-term conservation strategy for 

13 great apes and their habitats. 

14 ‘‘(2) ANNUAL GRANTS NOT AFFECTED.—This 

15 subsection shall not be construed as precluding the 

16 Secretary from awarding grants on an annual 

17 basis.’’. 

18 (2) PANEL OF EXPERTS.—In section 4(i) (16 

19 U.S.C. 6303(i))— 

20 (A) in paragraph (1), by— 

21 (i) striking ‘‘Every 2 years’’ and in22 serting ‘‘Within one year after the date of 

23 the enactment of the Bipartisan Sports24 men’s Act of 2015, and every 5 years 

25 thereafter’’; 


srobinson on DSK5SPTVN1PROD with BILLS
17 

•S 659 RS

1 (ii) striking ‘‘may convene’’ and in2 serting ‘‘shall convene’’; 

3 (iii) inserting ‘‘and priorities’’ after 

4 ‘‘needs’’; and 

5 (iv) adding at the end the following 

6 new sentence: ‘‘The panel shall, to the ex7 tent practicable, include representatives 

8 from foreign range states with expertise in 

9 great ape conservation.’’; and 

10 (B) by redesignating paragraph (2) as 

11 paragraph (4), and inserting after paragraph 

12 (1) the following new paragraphs: 

13 ‘‘(2) In identifying conservation needs and pri14 orities under paragraph (1), the panel shall consider 

15 relevant great ape conservation plans or strategies 

16 including scientific research and findings related 

17 to— 

18 ‘‘(A) the conservation needs and priorities 

19 of great apes; 

20 ‘‘(B) regional or species-specific action 

21 plans or strategies; 

22 ‘‘(C) applicable strategies developed or ini23 tiated by the Secretary; and 

24 ‘‘(D) any other applicable conservation 

25 plan or strategy. 


srobinson on DSK5SPTVN1PROD with BILLS
18 

•S 659 RS

1 ‘‘(3) The Secretary, subject to the availability 

2 of appropriations, may pay expenses of convening 

3 and facilitating meetings of the panel.’’. 

4 (3) ADMINISTRATIVE EXPENSES LIMITATION.— 

5 In section 5(b)(2) (16 U.S.C. 6304(b)(2)), by strik6 ing ‘‘$100,000’’ and inserting ‘‘$150,000’’. 

7 (4) AUTHORIZATION OF APPROPRIATIONS.—In 

8 section 6 (16 U.S.C. 6305), by striking ‘‘2006 

9 through 2010’’ and inserting ‘‘2016 through 2020’’. 

10 (e) AMENDMENT AND REAUTHORIZATION OF MA11 RINE TURTLE CONSERVATION ACT OF 2004.— 

12 (1) IN GENERAL.—The Marine Turtle Con13 servation Act of 2004 is amended— 

14 (A) in sections 2(b) and 3(2) (16 U.S.C. 

15 6601(b), 6602(2)), by inserting ‘‘and territories 

16 of the United States’’ after ‘‘foreign countries’’ 

17 each place it occurs; 

18 (B) in section 3 (16 U.S.C. 6602) by add19 ing at the end the following: 

20 ‘‘(7) TERRITORY OF THE UNITED STATES.— 

21 The term ‘territory of the United States’ means each 

22 of Puerto Rico, the United States Virgin Islands, 

23 Guam, American Samoa, the Commonwealth of the 

24 Northern Mariana Islands, and any other territory 

25 or possession of the United States.’’; and 


srobinson on DSK5SPTVN1PROD with BILLS
19 

•S 659 RS

1 (C) in section 4 (16 U.S.C. 6603)— 

2 (i) in subsection (b)(1)(A), by insert3 ing ‘‘or territory of the United States’’ 

4 after ‘‘foreign country’’; and 

5 (ii) in subsection (d) by inserting 

6 ‘‘and territories of the United States’’ after 

7 ‘‘foreign countries’’. 

8 (2) ADMINISTRATIVE EXPENSES LIMITATION.— 

9 Section 5(b)(2) of the Marine Turtle Conservation 

10 Act of 2004 (16 U.S.C. 6604(b)(2)) is amended by 

11 striking ‘‘$80,000’’ and inserting ‘‘$150,000’’. 

12 (3) REAUTHORIZATION.—Section 7 of the Ma13 rine Turtle Conservation Act of 2004 (16 U.S.C. 

14 6606) is amended by striking ‘‘each of fiscal years 

15 2005 through 2009’’ and inserting ‘‘each of fiscal 

16 years 2016 through 2020’’. 

17 SEC. 9. INTEREST ON OBLIGATIONS HELD IN THE WILD18 LIFE RESTORATION FUND. 

19 Section 3(b)(2)(C) of the Pittman-Robertson Wildlife 

20 Restoration Act (16 U.S.C. 669b) is amended by striking 

21 ‘‘2016’’ and inserting ‘‘2026’’. 

22 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

23 (a) SHORT TITLE.—This Act may be cited as the ‘‘Bi24 partisan Sportsmen’s Act of 2016’’. 


srobinson on DSK5SPTVN1PROD with BILLS
20 

•S 659 RS

1 (b) TABLE OF CONTENTS.—The table of contents of this 

2 Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Modification of definition of sport fishing equipment under the Toxic Substances Control Act. 

Sec. 3. Target practice and marksmanship. 

Sec. 4. Permits for importation of polar bear trophies taken in sport hunts in 

Canada. 

Sec. 5. Baiting of migratory game birds. 

Sec. 7. North American Wetlands Conservation Act. 

Sec. 8. Multinational Species Conservation Funds Reauthorization. 

Sec. 9. Reauthorization of Neotropical Migratory Bird Conservation Act. 

Sec. 10. Challenge cost-sharing program for management of recreation facilities. 

Sec. 11. National Fish and Wildlife Foundation Establishment Act. 

Sec. 12. Use of authorized pesticides; discharges of pesticides; report. 

Sec. 13. Seaward boundaries. 

Sec. 14. Reissuance of final rule regarding gray wolves in the Western Great 

Lakes. 

Sec. 15. Reissuance of final rule regarding gray wolves in Wyoming. 

Sec. 16. Prohibition on issuance of final rule. 

Sec. 17. National Fish Habitat Conservation. 

3 SEC. 2. MODIFICATION OF DEFINITION OF SPORT FISHING 

4 EQUIPMENT UNDER THE TOXIC SUBSTANCES 

5 CONTROL ACT. 

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

7 (15 U.S.C. 2602(2)(B)) is amended— 

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

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

10 end and inserting ‘‘, and’’; and 

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

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

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

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

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

16 without regard to any exemptions from such tax proVerDate Sep 11 2014 21:34 Feb 24, 2016 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\S659.RS S659

srobinson on DSK5SPTVN1PROD with BILLS
21 

•S 659 RS

1 vided by section 4162 or 4221 or any other provision 

2 of such Code), and sport fishing equipment compo3 nents.’’. 

4 SEC. 3. TARGET PRACTICE AND MARKSMANSHIP. 

5 (a) PURPOSE.—The purpose of this section is to facili6 tate the construction and expansion of public target ranges, 

7 including ranges on Federal land managed by the Forest 

8 Service and the Bureau of Land Management. 

9 (b) DEFINITION OF PUBLIC TARGET RANGE.—In this 

10 section, the term ‘‘public target range’’ means a specific lo11 cation that— 

12 (1) is identified by a governmental agency for 

13 recreational shooting; 

14 (2) is open to the public; 

15 (3) may be supervised; and 

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

17 shotgun shooting. 

18 (c) AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE

19 RESTORATION ACT.— 

20 (1) DEFINITIONS.—Section 2 of the Pittman21 Robertson Wildlife Restoration Act (16 U.S.C. 669a) 

22 is amended— 

23 (A) by redesignating paragraphs (2) 

24 through (8) as paragraphs (3) through (9), re25 spectively; and 


srobinson on DSK5SPTVN1PROD with BILLS
22 

•S 659 RS

1 (B) by inserting after paragraph (1) the fol2 lowing: 

3 ‘‘(2) the term ‘public target range’ means a spe4 cific location that— 

5 ‘‘(A) is identified by a governmental agency 

6 for recreational shooting; 

7 ‘‘(B) is open to the public; 

8 ‘‘(C) may be supervised; and 

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

10 pistol, or shotgun shooting;’’. 

11 (2) EXPENDITURES FOR MANAGEMENT OF WILD12 LIFE AREAS AND RESOURCES.—Section 8(b) of the 

13 Pittman-Robertson Wildlife Restoration Act (16 

14 U.S.C. 669g(b)) is amended— 

15 (A) by striking ‘‘(b) Each State’’ and in16 serting the following: 

17 ‘‘(b) EXPENDITURES FOR MANAGEMENT OF WILDLIFE

18 AREAS AND RESOURCES.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2), each State’’; 

21 (B) in paragraph (1) (as so designated), by 

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

23 ‘‘operation’’; 

24 (C) in the second sentence, by striking ‘‘The 

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


srobinson on DSK5SPTVN1PROD with BILLS
23 

•S 659 RS

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

2 share’’; 

3 (D) in the third sentence, by striking ‘‘The 

4 Secretary’’ and inserting the following: 

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

6 (E) by inserting after paragraph (1) (as 

7 designated by subparagraph (A)) the following: 

8 ‘‘(2) EXCEPTION.—Notwithstanding the limita9 tion described in paragraph (1), a State may pay up 

10 to 90 percent of the cost of acquiring land for, ex11 panding, or constructing a public target range.’’. 

12 (3) FIREARM AND BOW HUNTER EDUCATION AND

13 SAFETY PROGRAM GRANTS.—Section 10 of the Pitt14 man-Robertson Wildlife Restoration Act (16 U.S.C. 

15 669h–1) is amended— 

16 (A) in subsection (a), by adding at the end 

17 the following: 

18 ‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.—Of 

19 the amount apportioned to a State for any fiscal year 

20 under section 4(b), the State may elect to allocate not 

21 more than 10 percent, to be combined with the 

22 amount apportioned to the State under paragraph (1) 

23 for that fiscal year, for acquiring land for, expanding, 

24 or constructing a public target range.’’; 


srobinson on DSK5SPTVN1PROD with BILLS
24 

•S 659 RS

1 (B) by striking subsection (b) and inserting 

2 the following: 

3 ‘‘(b) COST SHARING.— 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), the Federal share of the cost of any activity 

6 carried out using a grant under this section shall not 

7 exceed 75 percent of the total cost of the activity. 

8 ‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR

9 EXPANSION.—The Federal share of the cost of acquir10 ing land for, expanding, or constructing a public tar11 get range in a State on Federal or non-Federal land 

12 pursuant to this section or section 8(b) shall not ex13 ceed 90 percent of the cost of the activity.’’; and 

14 (C) in subsection (c)(1)— 

15 (i) by striking ‘‘Amounts made’’ and 

16 inserting the following: 

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

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

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

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

21 acquiring land for, constructing, or expanding a 

22 public target range shall remain available for ex23 penditure and obligation during the 5-fiscal-year 

24 period beginning on October 1 of the first fiscal 


srobinson on DSK5SPTVN1PROD with BILLS
25 

•S 659 RS

1 year for which the amounts are made avail2 able.’’. 

3 (d) SENSE OF CONGRESS REGARDING COOPERA4 TION.—It is the sense of Congress that, consistent with ap5 plicable laws (including regulations), the Chief of the Forest 

6 Service and the Director of the Bureau of Land Manage7 ment should cooperate with State and local authorities and 

8 other entities to carry out waste removal and other activi9 ties on any Federal land used as a public target range to 

10 encourage continued use of that land for target practice or 

11 marksmanship training. 

12 SEC. 4. PERMITS FOR IMPORTATION OF POLAR BEAR TRO13 PHIES TAKEN IN SPORT HUNTS IN CANADA. 

14 Section 104(c)(5)(D) of the Marine Mammal Protec15 tion Act of 1972 (16 U.S.C. 1374(c)(5)(D)) is amended to 

16 read as follows: 

17 ‘‘(D)(i) The Secretary of the Interior shall, expe18 ditiously after the expiration of the applicable 30-day 

19 period under subsection (d)(2), issue a permit for the 

20 importation of any polar bear part (other than an in21 ternal organ) from a polar bear taken in a sport hunt 

22 in Canada to any person— 

23 ‘‘(I) who submits, with the permit applica24 tion, proof that the polar bear was legally har25 vested by the person before February 18, 1997; or 


srobinson on DSK5SPTVN1PROD with BILLS
26 

•S 659 RS

1 ‘‘(II) who has submitted, in support of a 

2 permit application submitted before May 15, 

3 2008, proof that the polar bear was legally har4 vested by the person before May 15, 2008, from 

5 a polar bear population from which a sport6 hunted trophy could be imported before that date 

7 in accordance with section 18.30(i) of title 50, 

8 Code of Federal Regulations. 

9 ‘‘(ii) The Secretary shall issue permits under 

10 clause (i)(I) without regard to subparagraphs (A) and 

11 (C)(ii) of this paragraph, subsection (d)(3), and sec12 tions 101 and 102. Sections 101(a)(3)(B) and 

13 102(b)(3) shall not apply to the importation of any 

14 polar bear part authorized by a permit issued under 

15 clause (i)(I). This clause shall not apply to polar bear 

16 parts that were imported before June 12, 1997. 

17 ‘‘(iii) The Secretary shall issue permits under 

18 clause (i)(II) without regard to subparagraph (C)(ii) 

19 of this paragraph or subsection (d)(3). Sections 

20 101(a)(3)(B) and 102(b)(3) shall not apply to the im21 portation of any polar bear part authorized by a per22 mit issued under clause (i)(II). This clause shall not 

23 apply to polar bear parts that were imported before 

24 the date of enactment of the Bipartisan Sportsmen’s 

25 Act of 2016.’’. 


srobinson on DSK5SPTVN1PROD with BILLS
27 

•S 659 RS

1 SEC. 5. BAITING OF MIGRATORY GAME BIRDS. 

2 Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 

3 704) is amended by striking subsection (b) and inserting 

4 the following: 

5 ‘‘(b) PROHIBITION OF BAITING.— 

6 ‘‘(1) DEFINITIONS.—In this subsection: 

7 ‘‘(A) BAITED AREA.— 

8 ‘‘(i) IN GENERAL.—The term ‘baited 

9 area’ means— 

10 ‘‘(I) any area on which salt, 

11 grain, or other feed has been placed, 

12 exposed, deposited, distributed, or scat13 tered, if the salt, grain, or feed could 

14 lure or attract migratory game birds; 

15 and 

16 ‘‘(II) in the case of waterfowl, 

17 cranes (family Gruidae), and coots 

18 (family Rallidae), a standing, 

19 unharvested crop that has been manip20 ulated through activities such as mow21 ing, discing, or rolling, unless the ac22 tivities are normal agricultural prac23 tices. 

24 ‘‘(ii) EXCLUSIONS.—An area shall not 

25 be considered to be a ‘baited area’ if the 

26 area— 


srobinson on DSK5SPTVN1PROD with BILLS
28 

•S 659 RS

1 ‘‘(I) has been treated with a nor2 mal agricultural practice; 

3 ‘‘(II) has standing crops that have 

4 not been manipulated; or 

5 ‘‘(III) has standing crops that 

6 have been or are flooded. 

7 ‘‘(B) BAITING.—The term ‘baiting’ means 

8 the direct or indirect placing, exposing, depos9 iting, distributing, or scattering of salt, grain, or 

10 other feed that could lure or attract migratory 

11 game birds to, on, or over any areas on which 

12 a hunter is attempting to take migratory game 

13 birds. 

14 ‘‘(C) MIGRATORY GAME BIRD.—The term 

15 ‘migratory game bird’ means migratory bird 

16 species— 

17 ‘‘(i) that are within the taxonomic 

18 families of Anatidae, Columbidae, Gruidae, 

19 Rallidae, and Scolopacidae; and 

20 ‘‘(ii) for which open seasons are pre21 scribed by the Secretary of the Interior. 

22 ‘‘(D) NORMAL AGRICULTURAL PRACTICE.— 

23 ‘‘(i) IN GENERAL.—The term ‘normal 

24 agricultural practice’ means any practice 

25 in 1 annual growing season that— 


srobinson on DSK5SPTVN1PROD with BILLS
29 

•S 659 RS

1 ‘‘(I) is carried out in order to 

2 produce a marketable crop, including 

3 planting, harvest, post-harvest, or soil 

4 conservation practices; and 

5 ‘‘(II) is recommended for the suc6 cessful harvest of a given crop by the 

7 applicable State office of the Coopera8 tive Extension System of the Depart9 ment of Agriculture, in consultation 

10 with, and if requested, the concurrence 

11 of, the head of the applicable State de12 partment of fish and wildlife. 

13 ‘‘(ii) INCLUSIONS.— 

14 ‘‘(I) IN GENERAL.—Subject to 

15 subclause (II), the term ‘normal agri16 cultural practice’ includes the destruc17 tion of a crop in accordance with prac18 tices required by the Federal Crop In19 surance Corporation for agricultural 

20 producers to obtain crop insurance 

21 under the Federal Crop Insurance Act 

22 (7 U.S.C. 1501 et seq.) on land on 

23 which a crop during the current or im24 mediately preceding crop year was not 

25 harvestable due to a natural disaster 


srobinson on DSK5SPTVN1PROD with BILLS
30 

•S 659 RS

1 (including any hurricane, storm, tor2 nado, flood, high water, wind-driven 

3 water, tidal wave, tsunami, earth4 quake, volcanic eruption, landslide, 

5 mudslide, drought, fire, snowstorm, or 

6 other catastrophe that is declared a 

7 major disaster by the President in ac8 cordance with section 401 of the Robert 

9 T. Stafford Disaster Relief and Emer10 gency Assistance Act (42 U.S.C. 

11 5170)). 

12 ‘‘(II) LIMITATIONS.—The term 

13 ‘normal agricultural practice’ only in14 cludes a crop described in subclause (I) 

15 that has been destroyed or manipulated 

16 through activities that include (but are 

17 not limited to) mowing, discing, or 

18 rolling if the Federal Crop Insurance 

19 Corporation certifies that flooding was 

20 not an acceptable method of destruction 

21 to obtain crop insurance under the 

22 Federal Crop Insurance Act (7 U.S.C. 

23 1501 et seq.). 

24 ‘‘(E) WATERFOWL.—The term ‘waterfowl’ 

25 means native species of the family Anatidae. 


srobinson on DSK5SPTVN1PROD with BILLS
31 

•S 659 RS

1 ‘‘(2) PROHIBITION.—It shall be unlawful for any 

2 person— 

3 ‘‘(A) to take any migratory game bird by 

4 baiting or on or over any baited area, if the per5 son knows or reasonably should know that the 

6 area is a baited area; or 

7 ‘‘(B) to place or direct the placement of bait 

8 on or adjacent to an area for the purpose of 

9 causing, inducing, or allowing any person to 

10 take or attempt to take any migratory game bird 

11 by baiting or on or over the baited area. 

12 ‘‘(3) REGULATIONS.—The Secretary of the Inte13 rior may promulgate regulations to implement this 

14 subsection. 

15 ‘‘(4) REPORTS.—Annually, the Secretary of Ag16 riculture shall submit to the Secretary of the Interior 

17 a report that describes any changes to normal agri18 cultural practices across the range of crops grown by 

19 agricultural producers in each region of the United 

20 States in which the recommendations are provided to 

21 agricultural producers.’’. 


srobinson on DSK5SPTVN1PROD with BILLS
32 

•S 659 RS

1 SEC. 6. PROTECTING THE RIGHT OF INDIVIDUALS TO BEAR 

2 ARMS AT WATER RESOURCES DEVELOPMENT 

3 PROJECTS. 

4 The Secretary of the Army shall not promulgate or en5 force any regulation that prohibits an individual from pos6 sessing a firearm, including an assembled or functional 

7 firearm, in any area open to the public (other than a Fed8 eral facility as defined in section 930(g) of title 18, United 

9 States Code) at a water resources development project cov10 ered under section 327.0 of title 36, Code of Federal Regula11 tions (as in effect on the date of enactment of this Act), 

12 if— 

13 (1) the individual is not otherwise prohibited by 

14 law from possessing the firearm; and 

15 (2) the possession of the firearm is in compliance 

16 with the law of the State in which the water resources 

17 development project is located. 

18 SEC. 7. NORTH AMERICAN WETLANDS CONSERVATION ACT. 

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

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

21 4405(a)(3)) is amended— 

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

23 following: 

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

25 REAL PROPERTY INTEREST.— 

26 ‘‘(A) IN GENERAL.—In lieu of’’; 


srobinson on DSK5SPTVN1PROD with BILLS
33 

•S 659 RS

1 (2) in the second sentence, by striking ‘‘The Sec2 retary shall’’ and inserting the following: 

3 ‘‘(B) DETERMINATION.—The Secretary 

4 shall’’; and 

5 (3) by striking the third sentence and inserting 

6 the following: 

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

8 interest conveyed under this paragraph shall be 

9 subject to terms and conditions that ensure 

10 that— 

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

12 administered for the long-term conservation 

13 and management of the wetland ecosystem 

14 and the fish and wildlife dependent on that 

15 ecosystem; 

16 ‘‘(ii) the grantor of a real property in17 terest has been provided with information 

18 relating to all available conservation op19 tions, including conservation options that 

20 involve the conveyance of a real property 

21 interest for a limited period of time; and 

22 ‘‘(iii) the provision of the information 

23 described in clause (ii) has been docu24 mented.’’. 


srobinson on DSK5SPTVN1PROD with BILLS
34 

•S 659 RS

1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 7(c) of the North American Wetlands Conservation Act (16 

3 U.S.C. 4406(c)) is amended— 

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

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

6 the end and inserting ‘‘; and’’; and 

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

8 ‘‘(6) $50,000,000 for each of fiscal years 2016 

9 through 2021.’’. 

10 SEC. 8. MULTINATIONAL SPECIES CONSERVATION FUNDS 

11 REAUTHORIZATION. 

12 (a) REAUTHORIZATION OF AFRICAN ELEPHANT CON13 SERVATION ACT.—Section 2306(a) of the African Elephant 

14 Conservation Act (16 U.S.C. 4245(a)) is amended by strik15 ing ‘‘2007 through 2012’’ and inserting ‘‘2016 through 

16 2020’’. 

17 (b) REAUTHORIZATION OF RHINOCEROS AND TIGER

18 CONSERVATION ACT OF 1994.—Section 10(a) of the Rhinoc19 eros and Tiger Conservation Act of 1994 (16 U.S.C. 

20 5306(a)) is amended by striking ‘‘2007 through 2012’’ and 

21 inserting ‘‘2016 through 2020’’. 

22 (c) REAUTHORIZATION OF ASIAN ELEPHANT CON23 SERVATION ACT OF 1997.—Section 8(a) of the Asian Ele24 phant Conservation Act of 1997 (16 U.S.C. 4266(a)) is 


srobinson on DSK5SPTVN1PROD with BILLS
35 

•S 659 RS

1 amended by striking ‘‘2007 through 2012’’ and inserting 

2 ‘‘2016 through 2020’’. 

3 (d) AMENDMENT AND REAUTHORIZATION OF GREAT

4 APE CONSERVATION ACT OF 2000.—The Great Ape Con5 servation Act of 2000 is amended as follows: 

6 (1) MULTIYEAR GRANTS.—In section 4 (16 

7 U.S.C. 6303), by adding at the end the following new 

8 subsections: 

9 ‘‘(j) MULTIYEAR GRANTS.— 

10 ‘‘(1) IN GENERAL.—The Secretary may award a 

11 multiyear grant under this section to a person who 

12 is otherwise eligible for a grant under this section, to 

13 carry out a project that the person demonstrates is an 

14 effective, long-term conservation strategy for great 

15 apes and their habitats. 

16 ‘‘(2) ANNUAL GRANTS NOT AFFECTED.—This 

17 subsection shall not be construed as precluding the 

18 Secretary from awarding grants on an annual 

19 basis.’’. 

20 (2) PANEL OF EXPERTS.—In section 4(i) (16 

21 U.S.C. 6303(i))— 

22 (A) in paragraph (1), by— 

23 (i) striking ‘‘Every 2 years’’ and in24 serting ‘‘Within one year after the date of 

25 the enactment of the Bipartisan SportsVerDate Sep 11 2014 21:34 Feb 24, 2016 Jkt 059200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6203 E:\BILLS\S659.RS S659

srobinson on DSK5SPTVN1PROD with BILLS
36 

•S 659 RS

1 men’s Act of 2016, and every 5 years there2 after’’; 

3 (ii) striking ‘‘may convene’’ and in4 serting ‘‘shall convene’’; 

5 (iii) inserting ‘‘and priorities’’ after 

6 ‘‘needs’’; and 

7 (iv) adding at the end the following 

8 new sentence: ‘‘The panel shall, to the extent 

9 practicable, include representatives from 

10 foreign range states with expertise in great 

11 ape conservation.’’; and 

12 (B) by redesignating paragraph (2) as 

13 paragraph (4), and inserting after paragraph 

14 (1) the following new paragraphs: 

15 ‘‘(2) In identifying conservation needs and pri16 orities under paragraph (1), the panel shall consider 

17 relevant great ape conservation plans or strategies in18 cluding scientific research and findings related to— 

19 ‘‘(A) the conservation needs and priorities 

20 of great apes; 

21 ‘‘(B) regional or species-specific action 

22 plans or strategies; 

23 ‘‘(C) applicable strategies developed or initi24 ated by the Secretary; and 


srobinson on DSK5SPTVN1PROD with BILLS
37 

•S 659 RS

1 ‘‘(D) any other applicable conservation plan 

2 or strategy. 

3 ‘‘(3) The Secretary, subject to the availability of 

4 appropriations, may pay expenses of convening and 

5 facilitating meetings of the panel.’’. 

6 (3) ADMINISTRATIVE EXPENSES LIMITATION.—In 

7 section 5(b)(2) (16 U.S.C. 6304(b)(2)), by striking 

8 ‘‘$100,000’’ and inserting ‘‘$150,000’’. 

9 (4) AUTHORIZATION OF APPROPRIATIONS.—In 

10 section 6 (16 U.S.C. 6305), by striking ‘‘2006 through 

11 2010’’ and inserting ‘‘2016 through 2020’’. 

12 (e) AMENDMENT AND REAUTHORIZATION OF MARINE

13 TURTLE CONSERVATION ACT OF 2004.— 

14 (1) IN GENERAL.—The Marine Turtle Conserva15 tion Act of 2004 is amended— 

16 (A) in sections 2(b) and 3(2) (16 U.S.C. 

17 6601(b), 6602(2)), by inserting ‘‘and territories 

18 of the United States’’ after ‘‘foreign countries’’ 

19 each place it occurs; 

20 (B) in section 3 (16 U.S.C. 6602) by adding 

21 at the end the following: 

22 ‘‘(7) TERRITORY OF THE UNITED STATES.—The 

23 term ‘territory of the United States’ means each of 

24 Puerto Rico, the United States Virgin Islands, Guam, 

25 American Samoa, the Commonwealth of the Northern 


srobinson on DSK5SPTVN1PROD with BILLS
38 

•S 659 RS

1 Mariana Islands, and any other territory or posses2 sion of the United States.’’; and 

3 (C) in section 4 (16 U.S.C. 6603)— 

4 (i) in subsection (b)(1)(A), by inserting 

5 ‘‘or territory of the United States’’ after 

6 ‘‘foreign country’’; and 

7 (ii) in subsection (d) by inserting ‘‘and 

8 territories of the United States’’ after ‘‘for9 eign countries’’. 

10 (2) ADMINISTRATIVE EXPENSES LIMITATION.— 

11 Section 5(b)(2) of the Marine Turtle Conservation Act 

12 of 2004 (16 U.S.C. 6604(b)(2)) is amended by strik13 ing ‘‘$80,000’’ and inserting ‘‘$150,000’’. 

14 (3) REAUTHORIZATION.—Section 7 of the Ma15 rine Turtle Conservation Act of 2004 (16 U.S.C. 

16 6606) is amended by striking ‘‘each of fiscal years 

17 2005 through 2009’’ and inserting ‘‘each of fiscal 

18 years 2016 through 2020’’. 

19 SEC. 9. REAUTHORIZATION OF NEOTROPICAL MIGRATORY 

20 BIRD CONSERVATION ACT. 

21 Section 10 of the Neotropical Migratory Bird Con22 servation Act (16 U.S.C. 6109) is amended to read as fol23 lows: 


srobinson on DSK5SPTVN1PROD with BILLS
39 

•S 659 RS

1 ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘(a) IN GENERAL.—There is authorized to be appro3 priated to carry out this Act $6,500,000 for each of fiscal 

4 years 2015 through 2020. 

5 ‘‘(b) USE OF FUNDS.—Of the amounts made available 

6 under subsection (a) for each fiscal year, not less than 75 

7 percent shall be expended for projects carried out at a loca8 tion outside of the United States.’’. 

9 SEC. 10. CHALLENGE COST-SHARING PROGRAM FOR MAN10 AGEMENT OF RECREATION FACILITIES. 

11 Section 225 of the Water Resources Development Act 

12 of 1992 (33 U.S.C. 2328) is amended— 

13 (1) by redesignating subsection (c) as subsection 

14 (d); and 

15 (2) by inserting after subsection (b) the fol16 lowing: 

17 ‘‘(c) USER FEES.— 

18 ‘‘(1) COLLECTION OF FEES.— 

19 ‘‘(A) IN GENERAL.—The Secretary may 

20 allow a non-Federal public or private entity that 

21 has entered into an agreement pursuant to sub22 section (b) to collect user fees for the use of devel23 oped recreation sites and facilities, whether de24 veloped or constructed by that entity or the De25 partment of the Army. 


srobinson on DSK5SPTVN1PROD with BILLS
40 

•S 659 RS

1 ‘‘(B) USE OF VISITOR RESERVATION SERV2 ICES.—A public or private entity described in 

3 subparagraph (A) may use to manage fee collec4 tions and reservations under this section any 

5 visitor reservation service that the Secretary has 

6 provided for by contract or interagency agree7 ment, subject to such terms and conditions as the 

8 Secretary determines to be appropriate. 

9 ‘‘(2) USE OF FEES.—A non-Federal public or 

10 private entity that collects user fees under paragraph 

11 (1) may— 

12 ‘‘(A) retain up to 100 percent of the fees col13 lected, as determined by the Secretary; and 

14 ‘‘(B) notwithstanding section 210(b)(4) of 

15 the Flood Control Act of 1968 (16 U.S.C. 460d– 

16 3(b)(4)), use that amount for operation, mainte17 nance, and management at the recreation site at 

18 which the fee is collected. 

19 ‘‘(3) TERMS AND CONDITIONS.—The authority of 

20 a non-Federal public or private entity under this sub21 section shall be subject to such terms and conditions 

22 as the Secretary determines necessary to protect the 

23 interests of the United States.’’. 


srobinson on DSK5SPTVN1PROD with BILLS
41 

•S 659 RS

1 SEC. 11. NATIONAL FISH AND WILDLIFE FOUNDATION ES2 TABLISHMENT ACT. 

3 (a) BOARD OF DIRECTORS OF THE FOUNDATION.— 

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

5 and Wildlife Foundation Establishment Act (16 

6 U.S.C. 3702) is amended— 

7 (A) in subsection (b)— 

8 (i) by striking paragraph (2) and in9 serting the following: 

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

11 Secretary of Commerce and considering the rec12 ommendations submitted by the Board, the Secretary 

13 of the Interior shall appoint 28 Directors who, to the 

14 maximum extent practicable, shall— 

15 ‘‘(A) be knowledgeable and experienced in 

16 matters relating to the conservation of fish, wild17 life, or other natural resources; and 

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

19 ocean, coastal, freshwater, and terrestrial re20 source conservation.’’; and 

21 (ii) by striking paragraph (3) and in22 serting the following: 

23 ‘‘(3) TERMS.—Each Director (other than a Di24 rector described in paragraph (1)) shall be appointed 

25 for a term of 6 years.’’; and 

26 (B) in subsection (g)(2)— 


srobinson on DSK5SPTVN1PROD with BILLS
42 

•S 659 RS

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

2 ‘‘(A) Officers and employees may not be ap3 pointed until the Foundation has sufficient 

4 funds to pay them for their service. Offi5 cers’’ and inserting the following: 

6 ‘‘(A) IN GENERAL.—Officers’’; and 

7 (ii) by striking subparagraph (B) and 

8 inserting the following: 

9 ‘‘(B) EXECUTIVE DIRECTOR.—The Founda10 tion shall have an Executive Director who shall 

11 be— 

12 ‘‘(i) appointed by, and serve at the di13 rection of, the Board as the chief executive 

14 officer of the Foundation; and 

15 ‘‘(ii) knowledgeable and experienced in 

16 matters relating to fish and wildlife con17 servation.’’. 

18 (2) CONFORMING AMENDMENT.—Section 

19 4(a)(1)(B) of the North American Wetlands Conserva20 tion Act (16 U.S.C. 4403(a)(1)(B)) is amended by 

21 striking ‘‘Secretary of the Board’’ and inserting ‘‘Ex22 ecutive Director of the Board’’. 

23 (b) RIGHTS AND OBLIGATIONS OF THE FOUNDA24 TION.—Section 4 of the National Fish and Wildlife Founda25 tion Establishment Act (16 U.S.C. 3703) is amended— 


srobinson on DSK5SPTVN1PROD with BILLS
43 

•S 659 RS

1 (1) in subsection (c)— 

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

3 out its purposes under’’ and inserting the fol4 lowing: 

5 ‘‘(c) POWERS.— 

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

7 described in’’; 

8 (B) by redesignating paragraphs (1) 

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

10 respectively, and indenting appropriately; 

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

12 by subparagraph (B)), by striking ‘‘that are in13 sured by an agency or instrumentality of the 

14 United States’’ and inserting ‘‘at 1 or more fi15 nancial institutions that are members of the Fed16 eral Deposit Insurance Corporation or the Secu17 rities Investment Protection Corporation’’; 

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

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

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

21 (D)’’; 

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

23 by subparagraph (B)), by striking ‘‘; and’’ and 

24 inserting a semicolon; 


srobinson on DSK5SPTVN1PROD with BILLS
44 

•S 659 RS

1 (F) by striking subparagraph (K) (as redes2 ignated by subparagraph (B)) and inserting the 

3 following: 

4 ‘‘(K) to receive and administer restitution 

5 and community service payments, amounts for 

6 mitigation of impacts to natural resources, and 

7 other amounts arising from legal, regulatory, or 

8 administrative proceedings, subject to the condi9 tion that the amounts are received or adminis10 tered for purposes that further the conservation 

11 and management of fish, wildlife, plants, and 

12 other natural resources; and 

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

14 purposes of the Foundation.’’; and 

15 (G) by striking the undesignated matter at 

16 the end and inserting the following: 

17 ‘‘(2) TREATMENT OF REAL PROPERTY.— 

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

19 Act, an interest in real property shall be treated 

20 as including easements or other rights for preser21 vation, conservation, protection, or enhancement 

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

23 scientific, educational, inspirational, or rec24 reational resources. 


srobinson on DSK5SPTVN1PROD with BILLS
45 

•S 659 RS

1 ‘‘(B) ENCUMBERED REAL PROPERTY.—A 

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

3 Foundation even though the gift, devise, or be4 quest is encumbered, restricted, or subject to ben5 eficial interests of private persons if any current 

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

7 is for the benefit of the Foundation. 

8 ‘‘(3) SAVINGS CLAUSE.—The acceptance and ad9 ministration of amounts by the Foundation under 

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

11 any regulatory or statutory requirement associated 

12 with those amounts.’’; 

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

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

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

16 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 10 

17 of the National Fish and Wildlife Foundation Establish18 ment Act (16 U.S.C. 3709) is amended— 

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

20 and inserting the following: 

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

22 appropriated to carry out this Act for each of fiscal 

23 years 2015 through 2020— 

24 ‘‘(A) $15,000,000 to the Secretary of the In25 terior; 


srobinson on DSK5SPTVN1PROD with BILLS
46 

•S 659 RS

1 ‘‘(B) $5,000,000 to the Secretary of Agri2 culture; and 

3 ‘‘(C) $5,000,000 to the Secretary of Com4 merce.’’; 

5 (2) in subsection (b)— 

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

7 the following: 

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

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

10 amounts authorized to be appropriated under 

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

12 instrumentalities may provide Federal funds to 

13 the Foundation, subject to the condition that the 

14 amounts are used for purposes that further the 

15 conservation and management of fish, wildlife, 

16 plants, and other natural resources in accord17 ance with this Act. 

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

19 agencies, or instrumentalities may advance 

20 amounts described in subparagraph (A) to the 

21 Foundation in a lump sum without regard to 

22 when the expenses for which the amounts are 

23 used are incurred. 


srobinson on DSK5SPTVN1PROD with BILLS
47 

•S 659 RS

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

2 may assess and collect fees for the management 

3 of amounts received under this paragraph.’’; 

4 (B) in paragraph (2)— 

5 (i) in the paragraph heading, by strik6 ing ‘‘FUNDS’’ and inserting ‘‘AMOUNTS’’; 

7 (ii) by striking ‘‘shall be used’’ and in8 serting ‘‘may be used’’; and 

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

10 government agencies’’ and inserting ‘‘, State 

11 and local government agencies, and other 

12 entities’’; and 

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

14 ‘‘(3) ADMINISTRATION OF AMOUNTS.— 

15 ‘‘(A) IN GENERAL.—In entering into con16 tracts, agreements, or other partnerships pursu17 ant to this Act, a Federal department, agency, or 

18 instrumentality shall have discretion to waive 

19 any competitive process applicable to the depart20 ment, agency, or instrumentality for entering 

21 into contracts, agreements, or partnerships with 

22 the Foundation if the purpose of the waiver is— 

23 ‘‘(i) to address an environmental emer24 gency resulting from a natural or other dis25 aster; or 


srobinson on DSK5SPTVN1PROD with BILLS
48 

•S 659 RS

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

2 applicable Federal department, agency, or 

3 instrumentality, to reduce administrative 

4 expenses and expedite the conservation and 

5 management of fish, wildlife, plants, and 

6 other natural resources. 

7 ‘‘(B) REPORTS.—The Foundation shall in8 clude in the annual report submitted under sec9 tion 7(b) a description of any use of the author10 ity under subparagraph (A) by a Federal de11 partment, agency, or instrumentality in that fis12 cal year.’’; and 

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

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

15 MONEY OR OTHER PROPERTY.—Any gifts, devises, or be16 quests of amounts or other property, or any other amounts 

17 or other property, transferred to, deposited with, or other18 wise in the possession of the Foundation pursuant to this 

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

20 departments, agencies, or instrumentalities and may be ac21 cepted and expended (or the disposition of the amounts or 

22 property directed), without further appropriation, by those 

23 Federal departments, agencies, or instrumentalities, subject 

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


srobinson on DSK5SPTVN1PROD with BILLS
49 

•S 659 RS

1 purposes that further the conservation and management of 

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

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

4 National Fish and Wildlife Foundation Establishment Act 

5 (16 U.S.C. 3710) is amended by inserting ‘‘exclusive’’ before 

6 ‘‘authority’’. 

7 SEC. 12. USE OF AUTHORIZED PESTICIDES; DISCHARGES OF 

8 PESTICIDES; REPORT. 

9 (a) USE OF AUTHORIZED PESTICIDES.—Section 3(f) 

10 of the Federal Insecticide, Fungicide, and Rodenticide Act 

11 (7 U.S.C. 136a(f)) is amended by adding at the end the 

12 following: 

13 ‘‘(5) USE OF AUTHORIZED PESTICIDES.—Except 

14 as provided in section 402(s) of the Federal Water 

15 Pollution Control Act (33 U.S.C. 1342), the Adminis16 trator or a State shall not require a permit under 

17 that Act for a discharge from a point source into nav18 igable waters of— 

19 ‘‘(A) a pesticide authorized for sale, dis20 tribution, or use under this Act; or 

21 ‘‘(B) the residue of the pesticide, resulting 

22 from the application of the pesticide.’’. 

23 (b) DISCHARGES OF PESTICIDES.—Section 402 of the 

24 Federal Water Pollution Control Act (33 U.S.C. 1342) is 

25 amended by adding at the end the following: 


srobinson on DSK5SPTVN1PROD with BILLS
50 

•S 659 RS

1 ‘‘(s) DISCHARGES OF PESTICIDES.— 

2 ‘‘(1) NO PERMIT REQUIREMENT.—Except as pro3 vided in paragraph (2), a permit shall not be re4 quired by the Administrator or a State under this Act 

5 for a discharge from a point source into navigable 

6 waters of— 

7 ‘‘(A) a pesticide authorized for sale, dis8 tribution, or use under the Federal Insecticide, 

9 Fungicide, and Rodenticide Act (7 U.S.C. 136 et 

10 seq.); or 

11 ‘‘(B) the residue of the pesticide, resulting 

12 from the application of the pesticide. 

13 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

14 apply to the following discharges of a pesticide or pes15 ticide residue: 

16 ‘‘(A) A discharge resulting from the appli17 cation of a pesticide in violation of a provision 

18 of the Federal Insecticide, Fungicide, and 

19 Rodenticide Act (7 U.S.C. 136 et seq.) relevant 

20 to protecting water quality if— 

21 ‘‘(i) the discharge would not have oc22 curred without the violation; or 

23 ‘‘(ii) the amount of pesticide or pes24 ticide residue in the discharge is greater 


srobinson on DSK5SPTVN1PROD with BILLS
51 

•S 659 RS

1 than would have occurred without the viola2 tion. 

3 ‘‘(B) Stormwater discharges subject to regu4 lation under subsection (p). 

5 ‘‘(C) The following discharges subject to reg6 ulation under this section: 

7 ‘‘(i) Manufacturing or industrial efflu8 ent. 

9 ‘‘(ii) Treatment works effluent. 

10 ‘‘(iii) Discharges incidental to the nor11 mal operation of a vessel, including a dis12 charge resulting from ballasting operations 

13 or vessel biofouling prevention.’’. 

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

15 enactment of this Act, the Administrator of the Environ16 mental Protection Agency, in consultation with the Sec17 retary of Agriculture, shall submit a report to the Com18 mittee on Environment and Public Works and the Com19 mittee on Agriculture of the Senate and the Committee on 

20 Transportation and Infrastructure and the Committee on 

21 Agriculture of the House of Representatives that includes— 

22 (1) the status of intra-agency coordination be23 tween the Office of Water and the Office of Pesticide 

24 Programs of the Environmental Protection Agency re25 garding streamlining information collection, standVerDate Sep 11 2014 21:34 Feb 24, 2016 Jkt 059200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6203 E:\BILLS\S659.RS S659

srobinson on DSK5SPTVN1PROD with BILLS
52 

•S 659 RS

1 ards of review, and data use relating to water quality 

2 impacts from the registration and use of pesticides; 

3 (2) an analysis of the effectiveness of current reg4 ulatory actions relating to pesticide registration and 

5 use aimed at protecting water quality; and 

6 (3) any recommendations on how the Federal In7 secticide, Fungicide, and Rodenticide Act (7 U.S.C. 

8 136 et seq.) can be modified to better protect water 

9 quality and human health. 

10 SEC. 13. SEAWARD BOUNDARIES. 

11 (a) IN GENERAL.—Section 4 of the Submerged Lands 

12 Act (43 U.S.C. 1312) is amended— 

13 (1) in the first sentence, by striking ‘‘The’’ and 

14 inserting the following: 

15 ‘‘(a) GENERAL RULE.— 

16 ‘‘(1) IN GENERAL.—Except for the States de17 scribed in subsection (b), the’’; 

18 (2) in the second sentence, by striking ‘‘Any 

19 State’’ and inserting the following: 

20 ‘‘(2) EXTENSIONS.—Any State’’; 

21 (3) in the third sentence, by striking ‘‘Any 

22 claim’’ and inserting the following: 

23 ‘‘(3) CLAIMS.—Any claim’’; 

24 (4) in the fourth sentence, by striking ‘‘Nothing’’ 

25 and inserting the following: 


srobinson on DSK5SPTVN1PROD with BILLS
53 

•S 659 RS

1 ‘‘(4) PRIOR APPROVAL.—Nothing’’; and 

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

3 ‘‘(b) SEAWARD BOUNDARIES OF CERTAIN COASTAL

4 STATES.—Subject to subsection (a), for management activi5 ties pursuant to the fishery management plan for the reef 

6 fish resources of the Gulf of Mexico or any amendment to 

7 such plan, the seaward boundary of each of the following 

8 States shall be a line 3 marine leagues distant from the 

9 coast line of the State as of the date that is 1 day before 

10 the date of enactment of this subsection: 

11 ‘‘(1) Alabama. 

12 ‘‘(2) Florida. 

13 ‘‘(3) Louisiana. 

14 ‘‘(4) Mississippi.’’. 

15 (b) CONFORMING AMENDMENTS.—Section 2 of the 

16 Submerged Lands Act (43 U.S.C. 1301) is amended— 

17 (1) in subsection (a)(2), by inserting ‘‘, or 3 ma18 rine leagues distant from the coast line of a State de19 scribed in section 4(b),’’ after ‘‘the coast line of each 

20 such State’’; and 

21 (2) in subsection (b)— 

22 (A) by striking ‘‘from the coast line’’; 

23 (B) by inserting ‘‘from the coast line of a 

24 State, or more than 3 marine leagues from the 


srobinson on DSK5SPTVN1PROD with BILLS
54 

•S 659 RS

1 coast line of a State described in section 4(b),’’ 

2 after ‘‘three geographical miles’’; and 

3 (C) by inserting ‘‘from the coast line of a 

4 State, or more than 3 marine leagues from the 

5 coast line of a State described in section 4(b),’’ 

6 after ‘‘three marine leagues’’. 

7 SEC. 14. REISSUANCE OF FINAL RULE REGARDING GRAY 

8 WOLVES IN THE WESTERN GREAT LAKES. 

9 Before the end of the 60-day period beginning on the 

10 date of enactment of this Act, the Secretary of the Interior 

11 shall reissue the final rule published on December 28, 2011 

12 (76 Fed. Reg. 81666), without regard to any other provision 

13 of statute or regulation that applies to issuance of such rule. 

14 Such reissuance shall not be subject to judicial review. 

15 SEC. 15. REISSUANCE OF FINAL RULE REGARDING GRAY 

16 WOLVES IN WYOMING. 

17 Before the end of the 60-day period beginning on the 

18 date of enactment of this Act, the Secretary of the Interior 

19 shall reissue the final rule published on September 10, 2012 

20 (77 Fed. Reg. 55530), without regard to any other provision 

21 of statute or regulation that applies to issuance of such rule. 

22 Such reissuance shall not be subject to judicial review. 

23 SEC. 16. PROHIBITION ON ISSUANCE OF FINAL RULE. 

24 The Director of the United States Fish and Wildlife 

25 Service shall not issue a final rule that— 


srobinson on DSK5SPTVN1PROD with BILLS
55 

•S 659 RS

1 (1) succeeds the proposed rule entitled ‘‘Non-Sub2 sistence Take of Wildlife, and Public Participation 

3 and Closure Procedures, on National Wildlife Refuges 

4 in Alaska’’ (81 Fed. Reg. 887 (January 8, 2016)); or 

5 (2) is substantially similar to that proposed rule. 

6 SEC. 17. NATIONAL FISH HABITAT CONSERVATION. 

7 (a) SHORT TITLE.—This section may be cited as the 

8 ‘‘National Fish Habitat Conservation Through Partner9 ships Act’’. 

10 (b) PURPOSE.—The purpose of this section is to en11 courage partnerships among public agencies and other in12 terested parties to promote fish conservation— 

13 (1) to achieve measurable habitat conservation 

14 results through strategic actions of Fish Habitat Part15 nerships that lead to better fish habitat conditions 

16 and increased fishing opportunities by— 

17 (A) improving ecological conditions; 

18 (B) restoring natural processes; or 

19 (C) preventing the decline of intact and 

20 healthy systems; 

21 (2) to establish a consensus set of national con22 servation strategies as a framework to guide future 

23 actions and investment by Fish Habitat Partnerships; 

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

25 habitat conservation by— 


srobinson on DSK5SPTVN1PROD with BILLS
56 

•S 659 RS

1 (A) increasing fishing opportunities; 

2 (B) fostering the participation of local com3 munities, especially young people in local com4 munities, in conservation activities; and 

5 (C) raising public awareness of the role 

6 healthy fish habitat play in the quality of life 

7 and economic well-being of local communities; 

8 (4) to fill gaps in the National Fish Habitat As9 sessment and the associated database of the National 

10 Fish Habitat Assessment— 

11 (A) to empower strategic conservation ac12 tions supported by broadly available scientific 

13 information; and 

14 (B) to integrate socioeconomic data in the 

15 analysis to improve the lives of humans in a 

16 manner consistent with fish habitat conservation 

17 goals; and 

18 (5) to communicate to the public and conserva19 tion partners— 

20 (A) the conservation outcomes produced col21 lectively by Fish Habitat Partnerships; and 

22 (B) new opportunities and voluntary ap23 proaches for conserving fish habitat. 

24 (c) DEFINITIONS.—In this section: 


srobinson on DSK5SPTVN1PROD with BILLS
57 

•S 659 RS

1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional commit3 tees’’ means— 

4 (A) the Committee on Commerce, Science, 

5 and Transportation and the Committee on Envi6 ronment and Public Works of the Senate; and 

7 (B) the Committee on Natural Resources of 

8 the House of Representatives. 

9 (2) BOARD.—The term ‘‘Board’’ means the Na10 tional Fish Habitat Board established by subsection 

11 (d)(1)(A). 

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

13 Director of the United States Fish and Wildlife Serv14 ice. 

15 (4) EPA ASSISTANT ADMINISTRATOR.—The term 

16 ‘‘EPA Assistant Administrator’’ means the Assistant 

17 Administrator for Water of the Environmental Pro18 tection Agency. 

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

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

21 Self-Determination and Education Assistance Act (25 

22 U.S.C. 450b). 

23 (6) NOAA ASSISTANT ADMINISTRATOR.—The 

24 term ‘‘NOAA Assistant Administrator’’ means the AsVerDate Sep 11 2014 21:34 Feb 24, 2016 Jkt 059200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6203 E:\BILLS\S659.RS S659

srobinson on DSK5SPTVN1PROD with BILLS
58 

•S 659 RS

1 sistant Administrator for Fisheries of the National 

2 Oceanic and Atmospheric Administration. 

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

4 means a self-governed entity designated by the Board 

5 as a Fish Habitat Conservation Partnership pursuant 

6 to subsection (e)(1) . 

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

8 property interest’’ means an ownership interest in— 

9 (A) land; or 

10 (B) water (including water rights). 

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

12 the Secretary of the Interior. 

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

14 the several States. 

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

16 means— 

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

18 and 

19 (B) any department or division of a depart20 ment or agency of a State that manages in the 

21 public trust the inland or marine fishery re22 sources or sustains the habitat for those fishery 

23 resources of the State pursuant to State law or 

24 the constitution of the State. 

25 (d) NATIONAL FISH HABITAT BOARD.— 


srobinson on DSK5SPTVN1PROD with BILLS
59 

•S 659 RS

1 (1) ESTABLISHMENT.— 

2 (A) FISH HABITAT BOARD.—There is estab3 lished a board, to be known as the ‘‘National 

4 Fish Habitat Board’’, whose duties are— 

5 (i) to promote, oversee, and coordinate 

6 the implementation of this section; 

7 (ii) to establish national goals and pri8 orities for fish habitat conservation; 

9 (iii) to approve Partnerships; and 

10 (iv) to review and make recommenda11 tions regarding fish habitat conservation 

12 projects. 

13 (B) MEMBERSHIP.—The Board shall be 

14 composed of 25 members, of whom— 

15 (i) 1 shall be a representative of the 

16 Department of the Interior; 

17 (ii) 1 shall be a representative of the 

18 United States Geological Survey; 

19 (iii) 1 shall be a representative of the 

20 Department of Commerce; 

21 (iv) 1 shall be a representative of the 

22 Department of Agriculture; 

23 (v) 1 shall be a representative of the 

24 Association of Fish and Wildlife Agencies; 


srobinson on DSK5SPTVN1PROD with BILLS
60 

•S 659 RS

1 (vi) 4 shall be representatives of State 

2 agencies, 1 of whom shall be nominated by 

3 a regional association of fish and wildlife 

4 agencies from each of the Northeast, South5 east, Midwest, and Western regions of the 

6 United States; 

7 (vii) 1 shall be a representative of ei8 ther— 

9 (I) Indian tribes in the State of 

10 Alaska; or 

11 (II) Indian tribes in States other 

12 than the State of Alaska; 

13 (viii) 1 shall be a representative of ei14 ther— 

15 (I) the Regional Fishery Manage16 ment Councils established under sec17 tion 302 of the Magnuson-Stevens 

18 Fishery Conservation and Management 

19 Act (16 U.S.C. 1852); or 

20 (II) a representative of the Marine 

21 Fisheries Commissions, which is com22 posed of— 

23 (aa) the Atlantic States Ma24 rine Fisheries Commission; 


srobinson on DSK5SPTVN1PROD with BILLS
61 

•S 659 RS

1 (bb) the Gulf States Marine 

2 Fisheries Commission; and 

3 (cc) the Pacific States Ma4 rine Fisheries Commission; 

5 (ix) 1 shall be a representative of the 

6 Sportfishing and Boating Partnership 

7 Council; 

8 (x) 7 shall be representatives selected 

9 from each of— 

10 (I) the recreational sportfishing 

11 industry; 

12 (II) the commercial fishing indus13 try; 

14 (III) marine recreational anglers; 

15 (IV) freshwater recreational an16 glers; 

17 (V) habitat conservation organiza18 tions; and 

19 (VI) science-based fishery organi20 zations; 

21 (xi) 1 shall be a representative of a na22 tional private landowner organization; 

23 (xii) 1 shall be a representative of an 

24 agricultural production organization; 


srobinson on DSK5SPTVN1PROD with BILLS
62 

•S 659 RS

1 (xiii) 1 shall be a representative of 

2 local government interests involved in fish 

3 habitat restoration; 

4 (xiv) 2 shall be representatives from 

5 different sectors of corporate industries, 

6 which may include— 

7 (I) natural resource commodity 

8 interests, such as petroleum or mineral 

9 extraction; 

10 (II) natural resource user indus11 tries; and 

12 (III) industries with an interest 

13 in fish and fish habitat conservation; 

14 and 

15 (xv) 1 shall be a leadership private sec16 tor or landowner representative of an active 

17 partnership. 

18 (C) COMPENSATION.—A member of the 

19 Board shall serve without compensation. 

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

21 Board may be allowed travel expenses, including 

22 per diem in lieu of subsistence, at rates author23 ized for an employee of an agency under sub24 chapter I of chapter 57 of title 5, United States 

25 Code, while away from the home or regular place 


srobinson on DSK5SPTVN1PROD with BILLS
63 

•S 659 RS

1 of business of the member in the performance of 

2 the duties of the Board. 

3 (2) APPOINTMENT AND TERMS.— 

4 (A) IN GENERAL.—Except as otherwise pro5 vided in this subsection, a member of the Board 

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

7 paragraph (1)(B) shall serve for a term of 3 

8 years. 

9 (B) INITIAL BOARD MEMBERSHIP.— 

10 (i) IN GENERAL.—The initial Board 

11 will consist of representatives as described 

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

13 (1)(B). 

14 (ii) REMAINING MEMBERS.—Not later 

15 than 60 days after the date of enactment of 

16 this Act, the representatives of the initial 

17 Board pursuant to clause (i) shall appoint 

18 the remaining members of the Board de19 scribed in clauses (viii) through (xiv) of 

20 paragraph (1)(B). 

21 (iii) TRIBAL REPRESENTATIVES.—Not 

22 later than 60 days after the enactment of 

23 this Act, the Secretary shall provide to the 

24 Board a recommendation of not fewer than 

25 3 tribal representatives, from which the 


srobinson on DSK5SPTVN1PROD with BILLS
64 

•S 659 RS

1 Board shall appoint 1 representative pursu2 ant to clause (vii) of paragraph (1)(B). 

3 (C) TRANSITIONAL TERMS.—Of the members 

4 described in paragraph (1)(B)(x) initially ap5 pointed to the Board— 

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

7 1 year; 

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

9 2 years; and 

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

11 3 years. 

12 (D) VACANCIES.— 

13 (i) IN GENERAL.—A vacancy of a 

14 member of the Board described in any of 

15 clauses (viii) through (xiv) of paragraph 

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

17 made by the remaining members of the 

18 Board. 

19 (ii) TRIBAL REPRESENTATIVES.—Fol20 lowing a vacancy of a member of the Board 

21 described in clause (vii) of paragraph 

22 (1)(B), the Secretary shall recommend to 

23 the Board a list of not fewer than 3 tribal 

24 representatives, from which the remaining 


srobinson on DSK5SPTVN1PROD with BILLS
65 

•S 659 RS

1 members of the Board shall appoint a rep2 resentative to fill the vacancy. 

3 (E) CONTINUATION OF SERVICE.—An indi4 vidual whose term of service as a member of the 

5 Board expires may continue to serve on the 

6 Board until a successor is appointed. 

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

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

9 paragraph (1)(B) misses 3 consecutive regularly 

10 scheduled Board meetings, the members of the 

11 Board may— 

12 (i) vote to remove that member; and 

13 (ii) appoint another individual in ac14 cordance with subparagraph (D). 

15 (3) CHAIRPERSON.— 

16 (A) IN GENERAL.—The representative of the 

17 Association of Fish and Wildlife Agencies ap18 pointed pursuant to paragraph (1)(B)(v) shall 

19 serve as Chairperson of the Board. 

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

21 shall serve for a term of 3 years. 

22 (4) MEETINGS.— 

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

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


srobinson on DSK5SPTVN1PROD with BILLS
66 

•S 659 RS

1 (ii) not less frequently than twice each 

2 calendar year. 

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

4 Board shall be open to the public. 

5 (5) PROCEDURES.— 

6 (A) IN GENERAL.—The Board shall estab7 lish procedures to carry out the business of the 

8 Board, including— 

9 (i) a requirement that a quorum of the 

10 members of the Board be present to transact 

11 business; 

12 (ii) a requirement that no rec13 ommendations may be adopted by the 

Board, except by the vote of 2 14 ⁄3 of all mem15 bers; 

16 (iii) procedures for establishing na17 tional goals and priorities for fish habitat 

18 conservation for the purposes of this section; 

19 (iv) procedures for designating Part20 nerships under subsection (e); and 

21 (v) procedures for reviewing, evalu22 ating, and making recommendations re23 garding fish habitat conservation projects. 

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

25 of the Board shall constitute a quorum. 


srobinson on DSK5SPTVN1PROD with BILLS
67 

•S 659 RS

1 (e) FISH HABITAT PARTNERSHIPS.— 

2 (1) AUTHORITY TO APPROVE.—The Board may 

3 approve and designate Fish Habitat Partnerships in 

4 accordance with this subsection. 

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

6 shall be— 

7 (A) to work with other regional habitat con8 servation programs to promote cooperation and 

9 coordination to enhance fish and fish habitats; 

10 (B) to engage local and regional commu11 nities to build support for fish habitat conserva12 tion; 

13 (C) to involve diverse groups of public and 

14 private partners; 

15 (D) to develop collaboratively a strategic vi16 sion and achievable implementation plan that is 

17 scientifically sound; 

18 (E) to leverage funding from sources that 

19 support local and regional partnerships; 

20 (F) to use adaptive management principles, 

21 including evaluation of project success and 

22 functionality; 

23 (G) to develop appropriate local or regional 

24 habitat evaluation and assessment measures and 


srobinson on DSK5SPTVN1PROD with BILLS
68 

•S 659 RS

1 criteria that are compatible with national habi2 tat condition measures; and 

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

5 and fish habitat. 

6 (3) CRITERIA FOR APPROVAL.—An entity seeking 

7 to be designated as a Partnership shall— 

8 (A) submit to the Board an application at 

9 such time, in such manner, and containing such 

10 information as the Board may reasonably re11 quire; and 

12 (B) demonstrate to the Board that the enti13 ty has— 

14 (i) a focus on promoting the health of 

15 important fish and fish habitats; 

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

18 the goals and national priorities set by the 

19 Board that are within the Partnership 

20 boundary; 

21 (iii) a self-governance structure that 

22 supports the implementation of strategic 

23 priorities for fish habitat; 

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


srobinson on DSK5SPTVN1PROD with BILLS
69 

•S 659 RS

1 entities to further strategic priorities for 

2 fish and fish habitat; 

3 (v) a strategic plan that details re4 quired investments for fish habitat conserva5 tion that addresses the strategic fish habitat 

6 priorities of the Partnership and supports 

7 and meets the strategic priorities of the 

8 Board; 

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

11 address strategic priorities of the Partner12 ship and the Board; and 

13 (vii) the ability to develop fish habitat 

14 conservation priorities based on sound 

15 science and data, the ability to measure the 

16 effectiveness of fish habitat projects of the 

17 Partnership, and a clear plan as to how 

18 Partnership science and data components 

19 will be integrated with the overall Board 

20 science and data effort. 

21 (4) APPROVAL.—The Board may approve an ap22 plication for a Partnership submitted under para23 graph (3) if the Board determines that the appli24 cant— 


srobinson on DSK5SPTVN1PROD with BILLS
70 

•S 659 RS

1 (A) identifies representatives to provide 

2 support and technical assistance to the Partner3 ship from a diverse group of public and private 

4 partners, which may include State or local gov5 ernments, nonprofit entities, Indian tribes, and 

6 private individuals, that are focused on con7 servation of fish habitats to achieve results across 

8 jurisdictional boundaries on public and private 

9 land; 

10 (B) is organized to promote the health of 

11 important fish species and important fish habi12 tats, including reservoirs, natural lakes, coastal 

13 and marine environments, and estuaries; 

14 (C) identifies strategic fish and fish habitat 

15 priorities for the Partnership area in the form of 

16 geographical focus areas or key stressors or im17 pairments to facilitate strategic planning and 

18 decisionmaking; 

19 (D) is able to address issues and priorities 

20 on a nationally significant scale; 

21 (E) includes a governance structure that— 

22 (i) reflects the range of all partners; 

23 and 

24 (ii) promotes joint strategic planning 

25 and decisionmaking by the applicant; 


srobinson on DSK5SPTVN1PROD with BILLS
71 

•S 659 RS

1 (F) demonstrates completion of, or signifi2 cant progress toward the development of, a stra3 tegic plan to address the decline in fish popu4 lations, rather than simply treating symptoms, 

5 in accordance with the goals and national prior6 ities established by the Board; and 

7 (G) promotes collaboration in developing a 

8 strategic vision and implementation program 

9 that is scientifically sound and achievable. 

10 (f) FISH HABITAT CONSERVATION PROJECTS.— 

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

12 March 31 of each calendar year, each Partnership 

13 shall submit to the Board a list of priority fish habi14 tat conservation projects recommended by the Part15 nership for annual funding under this section. 

16 (2) RECOMMENDATIONS BY BOARD.—Not later 

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

18 submit to the Secretary a priority list of fish habitat 

19 conservation projects that includes the description, in20 cluding estimated costs, of each project that the Board 

21 recommends that the Secretary approve and fund 

22 under this section for the following fiscal year. 

23 (3) CRITERIA FOR PROJECT SELECTION.—The 

24 Board shall select each fish habitat conservation 

25 project to be recommended to the Secretary under 


srobinson on DSK5SPTVN1PROD with BILLS
72 

•S 659 RS

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

2 minimum, the following information: 

3 (A) A recommendation of the Partnership 

4 that is, or will be, participating actively in im5 plementing the fish habitat conservation project. 

6 (B) The capabilities and experience of 

7 project proponents to implement successfully the 

8 proposed project. 

9 (C) The extent to which the fish habitat con10 servation project — 

11 (i) fulfills a local or regional priority 

12 that is directly linked to the strategic plan 

13 of the Partnership and is consistent with 

14 the purpose of this section; 

15 (ii) addresses the national priorities 

16 established by the Board; 

17 (iii) is supported by the findings of the 

18 Habitat Assessment of the Partnership or 

19 the Board, and aligns or is compatible with 

20 other conservation plans; 

21 (iv) identifies appropriate monitoring 

22 and evaluation measures and criteria that 

23 are compatible with national measures; 

24 (v) provides a well-defined budget 

25 linked to deliverables and outcomes; 


srobinson on DSK5SPTVN1PROD with BILLS
73 

•S 659 RS

1 (vi) leverages other funds to implement 

2 the project; 

3 (vii) addresses the causes and processes 

4 behind the decline of fish or fish habitats; 

5 and 

6 (viii) includes an outreach or edu7 cation component that includes the local or 

8 regional community. 

9 (D) The availability of sufficient non-Fed10 eral funds to match Federal contributions for the 

11 fish habitat conservation project, as required by 

12 paragraph (5); 

13 (E) The extent to which the local or re14 gional fish habitat conservation project— 

15 (i) will increase fish populations in a 

16 manner that leads to recreational fishing 

17 opportunities for the public; 

18 (ii) will be carried out through a coop19 erative agreement among Federal, State, 

20 and local governments, Indian tribes, and 

21 private entities; 

22 (iii) increases public access to land or 

23 water for fish and wildlife-dependent rec24 reational opportunities; 


srobinson on DSK5SPTVN1PROD with BILLS
74 

•S 659 RS

1 (iv) advances the conservation of fish 

2 and wildlife species that have been identi3 fied by the States as species of greatest con4 servation need; 

5 (v) where appropriate, advances the 

6 conservation of fish and fish habitats under 

7 the Magnuson-Stevens Fishery Conservation 

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

9 seq.) and other relevant Federal law and 

10 State wildlife action plans; and 

11 (vi) promotes strong and healthy fish 

12 habitats so that desired biological commu13 nities are able to persist and adapt. 

14 (F) The substantiality of the character and 

15 design of the fish habitat conservation project. 

16 (4) LIMITATIONS.— 

17 (A) REQUIREMENTS FOR EVALUATION.—No 

18 fish habitat conservation project may be rec19 ommended by the Board under paragraph (2) or 

20 provided financial assistance under this section 

21 unless the fish habitat conservation project in22 cludes an evaluation plan designed using appli23 cable Board guidance— 

24 (i) to appropriately assess the biologi25 cal, ecological, or other results of the habitat 


srobinson on DSK5SPTVN1PROD with BILLS
75 

•S 659 RS

1 protection, restoration, or enhancement ac2 tivities carried out using the assistance; 

3 (ii) to reflect appropriate changes to 

4 the fish habitat conservation project if the 

5 assessment substantiates that the fish habi6 tat conservation project objectives are not 

7 being met; 

8 (iii) to identify improvements to exist9 ing fish populations, recreational fishing 

10 opportunities and the overall economic ben11 efits for the local community of the fish 

12 habitat conservation project; and 

13 (iv) to require the submission to the 

14 Board of a report describing the findings of 

15 the assessment. 

16 (B) ACQUISITION AUTHORITIES.— 

17 (i) IN GENERAL.—A State, local gov18 ernment, or other non-Federal entity is eli19 gible to receive funds for the acquisition of 

20 real property from willing sellers under this 

21 section if the acquisition ensures 1 of— 

22 (I) public access for compatible 

23 fish and wildlife-dependent recreation; 

24 or 


srobinson on DSK5SPTVN1PROD with BILLS
76 

•S 659 RS

1 (II) a scientifically based, direct 

2 enhancement to the health of fish and 

3 fish populations, as determined by the 

4 Board. 

5 (ii) STATE AGENCY APPROVAL.— 

6 (I) IN GENERAL.—All real prop7 erty interest acquisition projects fund8 ed under this section are required to be 

9 approved by the State agency in the 

10 State in which the project is occurring. 

11 (II) PROHIBITION.—The Board 

12 may not recommend, and the Secretary 

13 may not provide any funding for, any 

14 real property interest acquisition that 

15 has not been approved by the State 

16 agency. 

17 (iii) ASSESSMENT OF OTHER AUTHORI18 TIES.—The Fish Habitat Partnership shall 

19 conduct a project assessment, submitted 

20 with the funding request and approved by 

21 the Board, to demonstrate all other Federal, 

22 State, and local authorities for the acquisi23 tion of real property have been exhausted. 

24 (iv) RESTRICTIONS.—A real property 

25 interest may not be acquired pursuant to a 


srobinson on DSK5SPTVN1PROD with BILLS
77 

•S 659 RS

1 fish habitat conservation project by a State, 

2 local government, or other non-Federal enti3 ty, unless— 

4 (I) the owner of the real property 

5 authorizes the State, local government, 

6 or other non-Federal entity to acquire 

7 the real property; and 

8 (II) the Secretary and the Board 

9 determine that the State, local govern10 ment, or other non-Federal entity 

11 would benefit from undertaking the 

12 management of the real property being 

13 acquired because that is in accordance 

14 with the goals of a partnership. 

15 (5) NON-FEDERAL CONTRIBUTIONS.— 

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

17 subparagraph (B), no fish habitat conservation 

18 project may be recommended by the Board under 

19 paragraph (2) or provided financial assistance 

20 under this section unless at least 50 percent of 

21 the cost of the fish habitat conservation project 

22 will be funded with non-Federal funds. 

23 (B) NON-FEDERAL SHARE.—The non-Fed24 eral share of the cost of a fish habitat conserva25 tion project— 


srobinson on DSK5SPTVN1PROD with BILLS
78 

•S 659 RS

1 (i) may not be derived from another 

2 Federal grant program; but 

3 (ii) may include in-kind contributions 

4 and cash. 

5 (C) SPECIAL RULE FOR INDIAN TRIBES.— 

6 Notwithstanding subparagraph (A) or any other 

7 provision of law, any funds made available to an 

8 Indian tribe pursuant to this section may be 

9 considered to be non-Federal funds for the pur10 pose of subparagraph (A). 

11 (6) APPROVAL.— 

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

13 after the date of receipt of the recommended pri14 ority list of fish habitat conservation projects 

15 under paragraph (2), subject to the limitations 

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

17 extent practicable, on the criteria described in 

18 paragraph (3), the Secretary, after consulting 

19 with the Secretary of Commerce on marine or es20 tuarine projects, shall approve or reject any fish 

21 habitat conservation project recommended by the 

22 Board. 

23 (B) FUNDING.—If the Secretary approves a 

24 fish habitat conservation project under subpara25 graph (A), the Secretary shall use amounts made 


srobinson on DSK5SPTVN1PROD with BILLS
79 

•S 659 RS

1 available to carry out this section to provide 

2 funds to carry out the fish habitat conservation 

3 project. 

4 (C) NOTIFICATION.—If the Secretary rejects 

5 any fish habitat conservation project rec6 ommended by the Board under paragraph (2), 

7 not later than 180 days after the date of receipt 

8 of the recommendation, the Secretary shall pro9 vide to the Board, the appropriate Partnership, 

10 and the appropriate congressional committees a 

11 written statement of the reasons that the Sec12 retary rejected the fish habitat conservation 

13 project. 

14 (g) TECHNICAL AND SCIENTIFIC ASSISTANCE.— 

15 (1) IN GENERAL.—The Director, the NOAA As16 sistant Administrator, the EPA Assistant Adminis17 trator, and the Director of the United States Geologi18 cal Survey, in coordination with the Forest Service 

19 and other appropriate Federal departments and agen20 cies, may provide scientific and technical assistance 

21 to the Partnerships, participants in fish habitat con22 servation projects, and the Board. 

23 (2) INCLUSIONS.—Scientific and technical assist24 ance provided pursuant to paragraph (1) may in25 clude— 


srobinson on DSK5SPTVN1PROD with BILLS
80 

•S 659 RS

1 (A) providing technical and scientific as2 sistance to States, Indian tribes, regions, local 

3 communities, and nongovernmental organiza4 tions in the development and implementation of 

5 Partnerships; 

6 (B) providing technical and scientific as7 sistance to Partnerships for habitat assessment, 

8 strategic planning, and prioritization; 

9 (C) supporting the development and imple10 mentation of fish habitat conservation projects 

11 that are identified as high priorities by Partner12 ships and the Board; 

13 (D) supporting and providing recommenda14 tions regarding the development of science-based 

15 monitoring and assessment approaches for im16 plementation through Partnerships; 

17 (E) supporting and providing recommenda18 tions for a national fish habitat assessment; 

19 (F) ensuring the availability of experts to 

20 assist in conducting scientifically based evalua21 tion and reporting of the results of fish habitat 

22 conservation projects; and 

23 (G) providing resources to secure state agen24 cy scientific and technical assistance to support 


srobinson on DSK5SPTVN1PROD with BILLS
81 

•S 659 RS

1 Partnerships, participants in fish habitat con2 servation projects, and the Board. 

3 (h) COORDINATION WITH STATES AND INDIAN

4 TRIBES.—The Secretary shall provide a notice to, and co5 operate with, the appropriate State agency or tribal agency, 

6 as applicable, of each State and Indian tribe within the 

7 boundaries of which an activity is planned to be carried 

8 out pursuant to this section, including notification, by not 

9 later than 30 days before the date on which the activity 

10 is implemented. 

11 (i) INTERAGENCY OPERATIONAL PLAN.—Not later 

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

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

14 the NOAA Assistant Administrator, the EPA Assistant Ad15 ministrator, the Director of the United States Geological 

16 Survey, and the heads of other appropriate Federal depart17 ments and agencies (including at a minimum, those agen18 cies represented on the Board) shall develop an interagency 

19 operational plan that describes— 

20 (1) the functional, operational, technical, sci21 entific, and general staff, administrative, and mate22 rial needs for the implementation of this section; and 

23 (2) any interagency agreements between or 

24 among Federal departments and agencies to address 

25 those needs. 


srobinson on DSK5SPTVN1PROD with BILLS
82 

•S 659 RS

1 (j) ACCOUNTABILITY AND REPORTING.— 

2 (1) REPORTING.— 

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

4 after the date of enactment of this Act, and every 

5 5 years thereafter, the Board shall submit to the 

6 appropriate congressional committees a report 

7 describing the progress of this section. 

8 (B) CONTENTS.—Each report submitted 

9 under subparagraph (A) shall include— 

10 (i) an estimate of the number of acres, 

11 stream miles, or acre-feet, or other suitable 

12 measures of fish habitat, that was main13 tained or improved by partnerships of Fed14 eral, State, or local governments, Indian 

15 tribes, or other entities in the United States 

16 during the 5-year period ending on the date 

17 of submission of the report; 

18 (ii) a description of the public access to 

19 fish habitats established or improved during 

20 that 5-year period; 

21 (iii) a description of the improved op22 portunities for public recreational fishing; 

23 and 

24 (iv) an assessment of the status of fish 

25 habitat conservation projects carried out 


srobinson on DSK5SPTVN1PROD with BILLS
83 

•S 659 RS

1 with funds provided under this section dur2 ing that period, disaggregated by year, in3 cluding— 

4 (I) a description of the fish habi5 tat conservation projects recommended 

6 by the Board under subsection (f)(2); 

7 (II) a description of each fish 

8 habitat conservation project approved 

9 by the Secretary under subsection 

10 (f)(6), in order of priority for funding; 

11 (III) a justification for— 

12 (aa) the approval of each fish 

13 habitat conservation project; and 

14 (bb) the order of priority for 

15 funding of each fish habitat con16 servation project; 

17 (IV) a justification for any rejec18 tion of a fish habitat conservation 

19 project recommended by the Board 

20 under subsection (f)(2) that was based 

21 on a factor other than the criteria de22 scribed in subsection (f)(3); and 

23 (V) an accounting of expenditures 

24 by Federal, State, or local govern25 ments, Indian tribes, or other entities 


srobinson on DSK5SPTVN1PROD with BILLS
84 

•S 659 RS

1 to carry out fish habitat conservation 

2 projects. 

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

4 than December 31, 2016, and every 5 years thereafter, 

5 the Board shall submit to the appropriate congres6 sional committees a report that includes— 

7 (A) a status of all Partnerships approved 

8 under this section; 

9 (B) a description of the status of fish habi10 tats in the United States as identified by estab11 lished Partnerships; and 

12 (C) enhancements or reductions in public 

13 access as a result of— 

14 (i) the activities of the Partnerships; or 

15 (ii) any other activities carried out 

16 pursuant to this section. 

17 (3) REVISIONS.—Not later than December 31, 

18 2016, and every 5 years thereafter, the Board shall 

19 consider revising the goals of the Board, after consid20 eration of each report required by paragraph (2). 

21 (k) EFFECT OF SECTION.— 

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

23 (A) establishes any express or implied re24 served water right in the United States for any 

25 purpose; 


srobinson on DSK5SPTVN1PROD with BILLS
85 

•S 659 RS

1 (B) affects any water right in existence on 

2 the date of enactment of this Act; 

3 (C) preempts or affects any State water law 

4 or interstate compact governing water; or 

5 (D) affects any Federal or State law in ex6 istence on the date of enactment of the Act re7 garding water quality or water quantity. 

8 (2) AUTHORITY TO ACQUIRE WATER RIGHTS OR

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

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

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

12 to property. 

13 (3) STATE AUTHORITY.—Nothing in this sec14 tion— 

15 (A) affects the authority, jurisdiction, or re16 sponsibility of a State to manage, control, or 

17 regulate fish and wildlife under the laws and 

18 regulations of the State; or 

19 (B) authorizes the Secretary to control or 

20 regulate within a State the fishing or hunting of 

21 fish and wildlife. 

22 (4) EFFECT ON INDIAN TRIBES.—Nothing in this 

23 section abrogates, abridges, affects, modifies, super24 sedes, or alters any right of an Indian tribe recog25 nized by treaty or any other means, including— 


srobinson on DSK5SPTVN1PROD with BILLS
86 

•S 659 RS

1 (A) an agreement between the Indian tribe 

2 and the United States; 

3 (B) Federal law (including regulations); 

4 (C) an Executive order; or 

5 (D) a judicial decree. 

6 (5) ADJUDICATION OF WATER RIGHTS.—Nothing 

7 in this section diminishes or affects the ability of the 

8 Secretary to join an adjudication of rights to the use 

9 of water pursuant to subsection (a), (b), or (c) of sec10 tion 208 of the Department of Justice Appropriation 

11 Act, 1953 (43 U.S.C. 666). 

12 (6) DEPARTMENT OF COMMERCE AUTHORITY.— 

13 Nothing in this section affects the authority, jurisdic14 tion, or responsibility of the Department of Commerce 

15 to manage, control, or regulate fish or fish habitats 

16 under the Magnuson-Stevens Fishery Conservation 

17 and Management Act (16 U.S.C. 1801 et seq.). 

18 (7) EFFECT ON OTHER AUTHORITIES.— 

19 (A) PRIVATE PROPERTY PROTECTION.— 

20 Nothing in this section permits the use of funds 

21 made available to carry out this section to ac22 quire real property or a real property interest 

23 without the written consent of each owner of the 

24 real property or real property interest. 


srobinson on DSK5SPTVN1PROD with BILLS
87 

•S 659 RS

1 (B) MITIGATION.—Nothing in this section 

2 permits the use of funds made available to carry 

3 out this section for fish and wildlife mitigation 

4 purposes under— 

5 (i) the Federal Water Pollution Control 

6 Act (33 U.S.C. 1251 et seq.); 

7 (ii) the Fish and Wildlife Coordination 

8 Act (16 U.S.C. 661 et seq.); 

9 (iii) the Water Resources Development 

10 Act of 1986 (Public Law 99–662; 100 Stat. 

11 4082); or 

12 (iv) any other Federal law or court set13 tlement. 

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

15 section affects any provision of the Federal 

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

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

18 (l) NONAPPLICABILITY OF FEDERAL ADVISORY COM19 MITTEE ACT.—The Federal Advisory Committee Act (5 

20 U.S.C. App.) shall not apply to— 

21 (1) the Board; or 

22 (2) any Partnership. 

23 (m) FUNDING.— 

24 (1) AUTHORIZATION OF APPROPRIATIONS.— 


srobinson on DSK5SPTVN1PROD with BILLS
88 

•S 659 RS

1 (A) FISH HABITAT CONSERVATION

2 PROJECTS.—There is authorized to be appro3 priated to the Secretary $7,200,000 for each of 

4 fiscal years 2016 through 2021 to provide funds 

5 for fish habitat conservation projects approved 

6 under subsection (f)(6), of which 5 percent shall 

7 be made available for each fiscal year for projects 

8 carried out by Indian tribes. 

9 (B) ADMINISTRATIVE AND PLANNING EX10 PENSES.—There is authorized to be appropriated 

11 to the Secretary for each of fiscal years 2016 

12 through 2021 an amount equal to 5 percent of 

13 the amount appropriated for the applicable fiscal 

14 year pursuant to subparagraph (A)— 

15 (i) for administrative and planning 

16 expenses; and 

17 (ii) to carry out subsection (j). 

18 (C) TECHNICAL AND SCIENTIFIC ASSIST19 ANCE.—There is authorized to be appropriated 

20 for each of fiscal years 2016 through 2021 to 

21 carry out, and provide technical and scientific 

22 assistance under, subsection (g)— 

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

24 the United States Fish and Wildlife Service; 


srobinson on DSK5SPTVN1PROD with BILLS
89 

•S 659 RS

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

2 Administrator for use by the National Oce3 anic and Atmospheric Administration; 

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

5 Administrator for use by the Environmental 

6 Protection Agency; and 

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

8 by the United States Geological Survey. 

9 (2) AGREEMENTS AND GRANTS.—The Secretary 

10 may— 

11 (A) on the recommendation of the Board, 

12 and notwithstanding sections 6304 and 6305 of 

13 title 31, United States Code, and the Federal Fi14 nancial Assistance Management Improvement 

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

16 106–107), enter into a grant agreement, coopera17 tive agreement, or contract with a Partnership 

18 or other entity for a fish habitat conservation 

19 project or restoration or enhancement project; 

20 (B) apply for, accept, and use a grant from 

21 any individual or entity to carry out the pur22 poses of this section; and 

23 (C) make funds available to any Federal de24 partment or agency for use by that department 

25 or agency to provide grants for any fish habitat 


srobinson on DSK5SPTVN1PROD with BILLS
90 

•S 659 RS

1 protection project, restoration project, or en2 hancement project that the Secretary determines 

3 to be consistent with this section. 

4 (3) DONATIONS.— 

5 (A) IN GENERAL.—The Secretary may— 

6 (i) enter into an agreement with any 

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

8 of the Internal Revenue Code of 1986 that 

9 is exempt from taxation under section 

10 501(a) of that Code to solicit private dona11 tions to carry out the purposes of this sec12 tion; and 

13 (ii) accept donations of funds, prop14 erty, and services to carry out the purposes 

15 of this section. 

16 (B) TREATMENT.—A donation accepted 

17 under this section— 

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

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

20 United States; and 

21 (ii) may be— 

22 (I) used directly by the Secretary; 

23 or 


srobinson on DSK5SPTVN1PROD with BILLS
91 

•S 659 RS

1 (II) provided to another Federal 

2 department or agency through an 

3 interagency agreement. 


srobinson on DSK5SPTVN1PROD with BILLS
Calendar No. 371 

114TH CONGRESS 

2D SESSION S. 659 

[Report No. 114–210] 

A BILL 

To protect and enhance opportunities for recother purposes. reational hunting, fishing, and shooting, and for 

FEBRUARY 24, 2016 

Reported with an amendment 


srobinson on DSK5SPTVN1PROD with BILLS