† HR 925 EAS 
are focused on conservation of fish habitats to achieve 
results across jurisdictional boundaries on public and 
private land; 
(3) is organized to promote the health of impor-
tant fish species and important fish habitats, includ-
ing reservoirs, natural lakes, coastal and marine en-
vironments, coral reefs, and estuaries; 
(4) identifies strategic fish and fish habitat pri-
orities for the Partnership area in the form of geo-
graphical focus areas or key stressors or impairments 
to facilitate strategic planning and decision making; 
(5) is able to address issues and priorities on a 
nationally significant scale; 
(6) includes a governance structure that— 
(A) reflects the range of all partners; and 
(B) promotes joint strategic planning and 
decision making by the applicant; 
(7) demonstrates completion of, or significant 
progress toward the development of, a strategic plan 
to address declines in fish populations, rather than 
simply treating symptoms, in accordance with the 
goals and national priorities established by the 
Board; and
† HR 925 EAS 
(8) promotes collaboration in developing a stra-
tegic vision and implementation program that is sci-
entifically sound and achievable. 
(e) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than February 1 of 
the first fiscal year beginning after the date of enact-
ment of this Act and each February 1 thereafter, the 
Board shall develop and submit to the appropriate 
congressional committees an annual report, to be enti-
tled ‘‘Report to Congress on Future Fish Habitat 
Partnerships and Modifications’’, that— 
(A) identifies each entity that— 
(i) meets the requirements described in 
subsection (d); and 
(ii) the Board recommends to Congress 
for designation as a Partnership; 
(B) describes any proposed modifications to 
a Partnership previously designated by Congress 
under subsection (f); 
(C) with respect to each entity recommended 
for designation as a Partnership, describes, to 
the maximum extent practicable— 
(i) the purpose of the recommended 
Partnership; and
† HR 925 EAS 
(ii) how the recommended Partnership 
fulfills the requirements described in sub-
section (d). 
(2) PUBLIC AVAILABILITY; NOTIFICATION.—The 
Board shall— 
(A) make the report publicly available, in-
cluding on the internet; and 
(B) provide to the appropriate congressional 
committees and the State agency of any State 
included in a recommended Partnership area 
written notification of the public availability of 
the report. 
(f) DESIGNATION
OR MODIFICATION
OF PARTNER-
SHIP.—Congress shall have the exclusive authority to des-
ignate or modify a Partnership. 
(g) EXISTING PARTNERSHIPS.— 
(1) DESIGNATION
REVIEW.—Not later than 5 
years after the date of enactment of this Act, any 
partnership receiving Federal funds as of the date of 
enactment of this Act shall be subject to a designation 
review by Congress in which Congress shall have the 
opportunity to designate the partnership under sub-
section (f). 
(2) INELIGIBILITY
FOR
FEDERAL
FUNDS.—A 
partnership referred to in paragraph (1) that Con-
† HR 925 EAS 
gress does not designate as described in that para-
graph shall be ineligible to receive Federal funds 
under this title. 
SEC. 205. FISH HABITAT CONSERVATION PROJECTS. 
(a) SUBMISSION TO BOARD.—Not later than March 31 
of each year, each Partnership shall submit to the Board 
a list of priority fish habitat conservation projects rec-
ommended by the Partnership for annual funding under 
this title. 
(b) RECOMMENDATIONS BY BOARD.—Not later than 
July 1 of each year, the Board shall submit to the Secretary 
a priority list of fish habitat conservation projects that in-
cludes a description, including estimated costs, of each 
project that the Board recommends that the Secretary ap-
prove and fund under this title for the following fiscal year. 
(c) CRITERIA FOR PROJECT SELECTION.—The Board 
shall select each fish habitat conservation project rec-
ommended to the Secretary under subsection (b) after tak-
ing into consideration, at a minimum, the following infor-
mation: 
(1) A recommendation of the Partnership that is, 
or will be, participating actively in implementing the 
fish habitat conservation project.
† HR 925 EAS 
(2) The capabilities and experience of project 
proponents to implement successfully the proposed 
project. 
(3) The extent to which the fish habitat conserva-
tion project— 
(A) fulfills a local or regional priority that 
is directly linked to the strategic plan of the 
Partnership and is consistent with the purpose 
of this title; 
(B) addresses the national priorities estab-
lished by the Board; 
(C) is supported by the findings of the habi-
tat assessment of the Partnership or the Board, 
and aligns or is compatible with other conserva-
tion plans; 
(D) identifies appropriate monitoring and 
evaluation measures and criteria that are com-
patible with national measures; 
(E) provides a well-defined budget linked to 
deliverables and outcomes; 
(F) leverages other funds to implement the 
project; 
(G) addresses the causes and processes be-
hind the decline of fish or fish habitats; and
† HR 925 EAS 
(H) includes an outreach or education com-
ponent that includes the local or regional com-
munity. 
(4) The availability of sufficient non-Federal 
funds to match Federal contributions for the fish 
habitat conservation project, as required by subsection 
(e). 
(5) The extent to which the fish habitat conserva-
tion project— 
(A) will increase fish populations in a 
manner that leads to recreational fishing oppor-
tunities for the public; 
(B) will be carried out through a coopera-
tive agreement among Federal, State, and local 
governments, Indian Tribes, and private entities; 
(C) increases public access to land or water 
for fish and wildlife-dependent recreational op-
portunities; 
(D) advances the conservation of fish and 
wildlife species that have been identified by a 
State agency as species of greatest conservation 
need; 
(E) where appropriate, advances the con-
servation of fish and fish habitats under the 
Magnuson-Stevens Fishery Conservation and
† HR 925 EAS 
Management Act (16 U.S.C. 1801 et seq.) and 
other relevant Federal law and State wildlife ac-
tion plans; and 
(F) promotes strong and healthy fish habi-
tats so that desired biological communities are 
able to persist and adapt. 
(6) The substantiality of the character and de-
sign of the fish habitat conservation project. 
(d) LIMITATIONS.— 
(1) REQUIREMENTS FOR EVALUATION.—No fish 
habitat conservation project may be recommended by 
the Board under subsection (b) or provided financial 
assistance under this title unless the fish habitat con-
servation project includes an evaluation plan de-
signed using applicable Board guidance— 
(A) to appropriately assess the biological, 
ecological, or other results of the habitat protec-
tion, restoration, or enhancement activities car-
ried out using the assistance; 
(B) to reflect appropriate changes to the fish 
habitat conservation project if the assessment 
substantiates that the fish habitat conservation 
project objectives are not being met; 
(C) to identify improvements to existing 
fish populations, recreational fishing opportuni-
† HR 925 EAS 
ties, and the overall economic benefits for the 
local community of the fish habitat conservation 
project; and 
(D) to require the submission to the Board 
of a report describing the findings of the assess-
ment. 
(2) ACQUISITION AUTHORITIES.— 
(A) IN GENERAL.—A State, local govern-
ment, or other non-Federal entity is eligible to 
receive funds for the acquisition of real property 
from willing sellers under this title if the acqui-
sition ensures— 
(i) public access for fish and wildlife- 
dependent recreation; or 
(ii) a scientifically based, direct en-
hancement to the health of fish and fish 
populations, as determined by the Board. 
(B) STATE AGENCY APPROVAL.— 
(i) IN GENERAL.—All real property in-
terest acquisition projects funded under this 
title must be approved by the State agency 
in the State in which the project is occur-
ring. 
(ii) PROHIBITION.—The Board may 
not recommend, and the Secretary may not
† HR 925 EAS 
provide any funding for, any real property 
interest acquisition that has not been ap-
proved by the State agency. 
(C) ASSESSMENT
OF
OTHER
AUTHORI-
TIES.—The Board may not recommend, and the 
Secretary may not provide any funding under 
this title for, any real property interest acquisi-
tion unless the Partnership that recommended 
the project has conducted a project assessment, 
submitted with the funding request and approved 
by the Board, to demonstrate all other Federal, 
State, and local authorities for the acquisition of 
real property have been exhausted. 
(D) RESTRICTIONS.—A real property inter-
est may not be acquired pursuant to a fish habi-
tat conservation project by a State, local govern-
ment, or other non-Federal entity conducted with 
funds provided under this title, unless— 
(i) the owner of the real property au-
thorizes the State, local government, or 
other non-Federal entity to acquire the real 
property; and 
(ii) the Secretary and the Board deter-
mine that the State, local government, or 
other non-Federal entity would benefit from
† HR 925 EAS 
undertaking the management of the real 
property being acquired because that is in 
accordance with the goals of a Partnership. 
(e) NON-FEDERAL CONTRIBUTIONS.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (4), no fish habitat conservation 
project may be recommended by the Board under sub-
section (b) or provided financial assistance under this 
title unless at least 50 percent of the cost of the fish 
habitat conservation project will be funded with non- 
Federal funds. 
(2) NON-FEDERAL
SHARE.—Such non-Federal 
share of the cost of a fish habitat conservation 
project— 
(A) may not be derived from another Fed-
eral grant program; and 
(B) may include in-kind contributions and 
cash. 
(3) SPECIAL RULE FOR INDIAN TRIBES.—Not-
withstanding paragraph (1) or any other provision of 
law, any funds made available to an Indian Tribe 
pursuant to this title may be considered to be non- 
Federal funds for the purpose of paragraph (1). 
(4) WAIVER AUTHORITY.—The Secretary, in con-
sultation with the Secretary of Commerce with respect
† HR 925 EAS 
to marine or estuarine projects, may waive the appli-
cation of paragraph (2)(A) with respect to a State or 
an Indian Tribe, or otherwise reduce the portion of 
the non-Federal share of the cost of an activity re-
quired to be paid by a State or an Indian Tribe 
under paragraph (1), if the Secretary determines that 
the State or Indian Tribe does not have sufficient 
funds not derived from another Federal grant pro-
gram to pay such non-Federal share, or portion of the 
non-Federal share, without the use of loans. 
(f) APPROVAL.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of receipt of the recommended priority list of 
fish habitat conservation projects under subsection 
(b), and subject to subsection (d) and based, to the 
maximum extent practicable, on the criteria described 
in subsection (c), the Secretary, after consulting with 
the Secretary of Commerce on marine or estuarine 
projects, shall approve or reject any fish habitat con-
servation project recommended by the Board. 
(2) FUNDING.—If the Secretary approves a fish 
habitat conservation project under paragraph (1), the 
Secretary shall use amounts made available to carry 
out this title to provide funds to carry out the fish 
habitat conservation project.
† HR 925 EAS 
(3) NOTIFICATION.—If the Secretary rejects 
under paragraph (1) any fish habitat conservation 
project recommended by the Board, not later than 90 
days after the date of receipt of the recommendation, 
the Secretary shall provide to the Board, the appro-
priate Partnership, and the appropriate congressional 
committees a written statement of the reasons that the 
Secretary rejected the fish habitat conservation 
project. 
SEC. 206. TECHNICAL AND SCIENTIFIC ASSISTANCE. 
(a) IN GENERAL.—The Director, the National Oceanic 
and Atmospheric Administration Assistant Administrator, 
the Environmental Protection Agency Assistant Adminis-
trator, and the Director of the United States Geological 
Survey, in coordination with the Forest Service and other 
appropriate Federal departments and agencies, may pro-
vide scientific and technical assistance to Partnerships, 
participants in fish habitat conservation projects, and the 
Board. 
(b) INCLUSIONS.—Scientific and technical assistance 
provided under subsection (a) may include— 
(1) providing technical and scientific assistance 
to States, Indian Tribes, regions, local communities, 
and nongovernmental organizations in the develop-
ment and implementation of Partnerships;
† HR 925 EAS 
(2) providing technical and scientific assistance 
to Partnerships for habitat assessment, strategic plan-
ning, and prioritization; 
(3) supporting the development and implementa-
tion of fish habitat conservation projects that are 
identified as high priorities by Partnerships and the 
Board; 
(4) supporting and providing recommendations 
regarding the development of science-based monitoring 
and 
assessment 
approaches 
for 
implementation 
through Partnerships; 
(5) supporting and providing recommendations 
for a national fish habitat assessment; 
(6) ensuring the availability of experts to assist 
in conducting scientifically based evaluation and re-
porting of the results of fish habitat conservation 
projects; and 
(7) providing resources to secure State agency 
scientific and technical assistance to support Partner-
ships, participants in fish habitat conservation 
projects, and the Board. 
SEC. 207. COORDINATION WITH STATES AND INDIAN 
TRIBES. 
The Secretary shall provide a notice to, and cooperate 
with, the appropriate State agency or Tribal agency, as ap-
† HR 925 EAS 
plicable, of each State and Indian Tribe within the bound-
aries of which an activity is planned to be carried out pur-
suant to this title, including notification, by not later than 
30 days before the date on which the activity is imple-
mented. 
SEC. 208. INTERAGENCY OPERATIONAL PLAN. 
Not later than 1 year after the date of enactment of 
this Act, and every 5 years thereafter, the Director, in co-
operation with the National Oceanic and Atmospheric Ad-
ministration Assistant Administrator, the Environmental 
Protection Agency Assistant Administrator, the Director of 
the United States Geological Survey, and the heads of other 
appropriate Federal departments and agencies (including, 
at a minimum, those agencies represented on the Board) 
shall develop an interagency operational plan that de-
scribes— 
(1) the functional, operational, technical, sci-
entific, and general staff, administrative, and mate-
rial needs for the implementation of this title; and 
(2) any interagency agreements between or 
among Federal departments and agencies to address 
those needs. 
SEC. 209. ACCOUNTABILITY AND REPORTING. 
(a) REPORTING.—
† HR 925 EAS 
(1) IN GENERAL.—Not later than 5 years after 
the date of enactment of this Act, and every 5 years 
thereafter, the Board shall submit to the appropriate 
congressional committees a report describing the 
progress of this title. 
(2) CONTENTS.—Each report submitted under 
paragraph (1) shall include— 
(A) an estimate of the number of acres, 
stream miles, or acre-feet, or other suitable meas-
ures of fish habitat, that was maintained or im-
proved by Partnerships under this title during 
the 5-year period ending on the date of submis-
sion of the report; 
(B) a description of the public access to fish 
habitats established or improved under this title 
during that 5-year period; 
(C) a description of the improved opportu-
nities for public recreational fishing achieved 
under this title; and 
(D) an assessment of the status of fish habi-
tat conservation projects carried out with funds 
provided under this title during that period, 
disaggregated by year, including—
† HR 925 EAS 
(i) a description of the fish habitat 
conservation projects recommended by the 
Board under section 205(b); 
(ii) a description of each fish habitat 
conservation project approved by the Sec-
retary under section 205(f), in order of pri-
ority for funding; 
(iii) a justification for— 
(I) the approval of each fish habi-
tat conservation project; and 
(II) the order of priority for fund-
ing of each fish habitat conservation 
project; 
(iv) a justification for any rejection of 
a fish habitat conservation project rec-
ommended by the Board under section 
205(b) that was based on a factor other 
than the criteria described in section 205(c); 
and 
(v) an accounting of expenditures by 
Federal, State, or local governments, Indian 
Tribes, or other entities to carry out fish 
habitat conservation projects under this 
title.
† HR 925 EAS 
(b) STATUS AND TRENDS REPORT.—Not later than 
December 31, 2021, and every 5 years thereafter, the Board 
shall submit to the appropriate congressional committees a 
report that includes— 
(1) a status of all Partnerships designated under 
this title; 
(2) a description of the status of fish habitats in 
the United States as identified by designated Partner-
ships; and 
(3) enhancements or reductions in public access 
as a result of— 
(A) the activities of the Partnerships; or 
(B) any other activities carried out pursu-
ant to this title. 
SEC. 210. EFFECT OF THIS TITLE. 
(a) WATER RIGHTS.—Nothing in this title— 
(1) establishes any express or implied reserved 
water right in the United States for any purpose; 
(2) affects any water right in existence on the 
date of enactment of this Act; 
(3) preempts or affects any State water law or 
interstate compact governing water; or 
(4) affects any Federal or State law in existence 
on the date of enactment of the Act regarding water 
quality or water quantity.
† HR 925 EAS 
(b) AUTHORITY TO ACQUIRE WATER RIGHTS
OR 
RIGHTS TO PROPERTY.—Only a State, local government, 
or other non-Federal entity may acquire, under State law, 
water rights or rights to property with funds made avail-
able through section 212. 
(c) STATE AUTHORITY.—Nothing in this title— 
(1) affects the authority, jurisdiction, or respon-
sibility of a State to manage, control, or regulate fish 
and wildlife under the laws and regulations of the 
State; or 
(2) authorizes the Secretary to control or regu-
late within a State the fishing or hunting of fish and 
wildlife. 
(d) EFFECT ON INDIAN TRIBES.—Nothing in this title 
abrogates, abridges, affects, modifies, supersedes, or alters 
any right of an Indian Tribe recognized by treaty or any 
other means, including— 
(1) an agreement between the Indian Tribe and 
the United States; 
(2) Federal law (including regulations); 
(3) an Executive order; or 
(4) a judicial decree. 
(e) ADJUDICATION OF WATER RIGHTS.—Nothing in 
this title diminishes or affects the ability of the Secretary 
to join an adjudication of rights to the use of water pursu-
† HR 925 EAS 
ant to subsection (a), (b), or (c) of section 208 of the Depart-
ments of State, Justice, Commerce, and The Judiciary Ap-
propriation Act, 1953 (43 U.S.C. 666). 
(f) DEPARTMENT OF COMMERCE AUTHORITY.—Noth-
ing in this title affects the authority, jurisdiction, or respon-
sibility of the Department of Commerce to manage, control, 
or regulate fish or fish habitats under the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.). 
(g) EFFECT ON OTHER AUTHORITIES.— 
(1) PRIVATE PROPERTY PROTECTION.—Nothing 
in this title permits the use of funds made available 
to carry out this title to acquire real property or a 
real property interest without the written consent of 
each owner of the real property or real property in-
terest, respectively. 
(2) MITIGATION.—Nothing in this title author-
izes the use of funds made available to carry out this 
title for fish and wildlife mitigation purposes 
under— 
(A) the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.); 
(B) the Fish and Wildlife Coordination Act 
(16 U.S.C. 661 et seq.);
† HR 925 EAS 
(C) the Water Resources Development Act of 
1986 (Public Law 99–662; 100 Stat. 4082); or 
(D) any other Federal law or court settle-
ment. 
(3) CLEAN WATER ACT.—Nothing in this title af-
fects any provision of the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.), including any 
definition in that Act. 
SEC. 211. NONAPPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT. 
The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to— 
(1) the Board; or 
(2) any Partnership. 
SEC. 212. FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.— 
(1) FISH HABITAT CONSERVATION PROJECTS.— 
There is authorized to be appropriated to the Sec-
retary $7,200,000 for each of fiscal years 2021 
through 2025 to provide funds for fish habitat con-
servation projects approved under section 205(f), of 
which 5 percent is authorized only for projects carried 
out by Indian Tribes. 
(2) 
ADMINISTRATIVE
AND
PLANNING
EX-
PENSES.—There is authorized to be appropriated to
† HR 925 EAS 
the Secretary for each of fiscal years 2021 through 
2025 an amount equal to 5 percent of the amount ap-
propriated for the applicable fiscal year pursuant to 
paragraph (1)— 
(A) for administrative and planning ex-
penses under this title; and 
(B) to carry out section 209. 
(3) TECHNICAL AND SCIENTIFIC ASSISTANCE.— 
There is authorized to be appropriated for each of fis-
cal years 2021 through 2025 to carry out, and pro-
vide technical and scientific assistance under, section 
206— 
(A) $400,000 to the Secretary for use by the 
United States Fish and Wildlife Service; 
(B) $400,000 to the National Oceanic and 
Atmospheric Administration Assistant Adminis-
trator for use by the National Oceanic and At-
mospheric Administration; 
(C) $400,000 to the Environmental Protec-
tion Agency Assistant Administrator for use by 
the Environmental Protection Agency; 
(D) $400,000 to the Secretary for use by the 
United States Geological Survey; and
† HR 925 EAS 
(E) $400,000 to the Secretary of Agri-
culture, acting through the Chief of the Forest 
Service, for use by the Forest Service. 
(b) AGREEMENTS
AND
GRANTS.—The Secretary 
may— 
(1) on the recommendation of the Board, and 
notwithstanding sections 6304 and 6305 of title 31, 
United States Code, and the Federal Financial Assist-
ance Management Improvement Act of 1999 (31 
U.S.C. 6101 note; Public Law 106–107), enter into a 
grant agreement, cooperative agreement, or contract 
with a Partnership or other entity to provide funds 
authorized by this title for a fish habitat conservation 
project or restoration or enhancement project; 
(2) apply for, accept, and, subject to the avail-
ability of appropriations, use a grant from any indi-
vidual or entity to carry out the purposes of this title; 
and 
(3) subject to the availability of appropriations, 
make funds authorized by this Act available to any 
Federal department or agency for use by that depart-
ment or agency to provide grants for any fish habitat 
protection project, restoration project, or enhancement 
project that the Secretary determines to be consistent 
with this title.
† HR 925 EAS 
(c) DONATIONS.— 
(1) IN GENERAL.—The Secretary may— 
(A) enter into an agreement with any orga-
nization described in section 501(c)(3) of the In-
ternal Revenue Code of 1986 that is exempt from 
taxation under section 501(a) of that Code to so-
licit private donations to carry out the purposes 
of this title; and 
(B) accept donations of funds, property, 
and services to carry out the purposes of this 
title. 
(2) TREATMENT.—A donation accepted under 
this title— 
(A) shall be considered to be a gift or be-
quest to, or otherwise for the use of, the United 
States; and 
(B) may be— 
(i) used directly by the Secretary; or 
(ii) provided to another Federal de-
partment or agency through an interagency 
agreement. 
SEC. 213. PROHIBITION AGAINST IMPLEMENTATION OF 
REGULATORY AUTHORITY BY FEDERAL AGEN-
CIES THROUGH PARTNERSHIPS. 
Any Partnership designated under this title—
† HR 925 EAS 
(1) shall be for the sole purpose of promoting fish 
conservation; and 
(2) shall not be used to implement any regu-
latory authority of any Federal agency. 
TITLE III—MISCELLANEOUS 
SEC. 301. SENSE OF THE SENATE REGARDING CONSERVA-
TION AGREEMENTS AND ACTIVITIES. 
It is the sense of the Senate that— 
(1) voluntary conservation agreements benefit 
species and the habitats on which the species rely; 
(2) States, Indian Tribes, units of local govern-
ment, landowners, and other stakeholders should be 
encouraged to participate in voluntary conservation 
agreements; and 
(3) the Secretary of the Interior, acting through 
the Director of the United States Fish and Wildlife 
Service, and the Secretary of Commerce, acting 
through the Assistant Administrator of the National 
Marine Fisheries Service, should consider the enroll-
ment in, and performance of, conservation agreements 
and investment in, and implementation of, general 
conservation activities by States, Indian Tribes, units 
of local government, landowners, and other stake-
holders in making determinations under the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.).
† HR 925 EAS 
SEC. 302. STUDY TO REVIEW CONSERVATION FACTORS. 
(a) DEFINITION OF SECRETARIES.—In this section, 
the term ‘‘Secretaries’’ means— 
(1) the Secretary of Agriculture; 
(2) the Secretary of Commerce, acting through 
the Assistant Administrator of the National Marine 
Fisheries Service; and 
(3) the Secretary of the Interior, acting through 
the Director of the United States Fish and Wildlife 
Service. 
(b) STUDY.—To assess factors affecting successful con-
servation activities under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.), the Secretaries shall carry 
out a study— 
(1) to review any factors that threaten or endan-
ger a species for which a listing under the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
would not contribute to the conservation of the spe-
cies; 
(2) to review any barriers to— 
(A) the delivery of Federal, State, local, or 
private funds for such conservation activities, in-
cluding statutory or regulatory impediments, 
staffing needs, and other relevant considerations; 
or
† HR 925 EAS 
(B) the implementation of conservation 
agreements, plans, or other cooperative agree-
ments, including agreements focused on vol-
untary activities, multispecies efforts, and other 
relevant considerations; 
(3) to review factors that impact the ability of 
the Federal Government to successfully implement the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.); 
(4) to develop recommendations regarding meth-
ods to address barriers identified under paragraph 
(2), if any; 
(5) to review determinations under the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.) in 
which a species is determined to be recovered by the 
Secretary of the Interior, acting through the Director 
of the United States Fish and Wildlife Service, or the 
Secretary of Commerce, acting through the Assistant 
Administrator of the National Marine Fisheries Serv-
ice, but remains listed under that Act, including— 
(A) an explanation of the factors preventing 
a delisting or downlisting of the species; and 
(B) recommendations regarding methods to 
address the factors described in subparagraph 
(A); and
† HR 925 EAS 
(6) to review any determinations under the En-
dangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
in which a species has been identified as needing list-
ing or uplisting under that Act but remains unlisted 
or listed as a threatened species, respectively, includ-
ing— 
(A) an explanation of the factors preventing 
a listing or uplisting of the species; and 
(B) recommendations regarding methods to 
address the factors described in subparagraph 
(A). 
(c) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Secretaries shall submit to the 
Committees on Appropriations and Environment and Pub-
lic Works of the Senate and the Committees on Appropria-
tions and Natural Resources of the House of Representatives 
and make publicly available a report describing the results 
of the study under subsection (b). 
SEC. 303. STUDY AND REPORT ON EXPENDITURES. 
(a) REPORTS ON EXPENDITURES.— 
(1) FEDERAL DEPARTMENTS AND AGENCIES.— 
(A) IN GENERAL.—At the determination of 
the Comptroller General of the United States (re-
ferred to in this section as the ‘‘Comptroller Gen-
eral’’), to facilitate the preparation of the reports
† HR 925 EAS 
from the Comptroller General under paragraph 
(2), the head of each Federal department and 
agency shall submit to the Comptroller General 
data and other relevant information that de-
scribes the amounts expended or disbursed (in-
cluding through loans, loan guarantees, grants, 
or any other financing mechanism) by the de-
partment or agency as a direct result of any pro-
vision of the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) (including any regulation 
promulgated pursuant to that Act) during— 
(i) with respect to the first report 
under paragraph (2), the 3 fiscal years pre-
ceding the date of submission of the report; 
and 
(ii) with respect to the second report 
under paragraph (2), the 2 fiscal years pre-
ceding the date of submission of the report. 
(B) REQUIREMENTS.—Data and other rel-
evant information submitted under subpara-
graph (A) shall describe, with respect to the ap-
plicable amounts— 
(i) the programmatic office of the de-
partment or agency on behalf of which each 
amount was expended or disbursed;
† HR 925 EAS 
(ii) the provision of the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) 
(or regulation promulgated pursuant to that 
Act) pursuant to which each amount was 
expended or disbursed; and 
(iii) the project or activity carried out 
using each amount, in detail sufficient to 
reflect the breadth, scope, and purpose of the 
project or activity. 
(2) COMPTROLLER GENERAL.—Not later than 2 
years and 4 years after the date of enactment of this 
Act, the Comptroller General shall submit to the Com-
mittees on Appropriations, Commerce, Science, and 
Transportation, and Environment and Public Works 
of the Senate and the Committee on Appropriations 
and Natural Resources of the House of Representa-
tives a report that describes— 
(A) the aggregate amount expended or dis-
bursed by all Federal departments and agencies 
as a direct result of any provision of the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) (including any regulation promulgated 
pursuant to that Act) during—
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(i) with respect to the first report, the 
3 fiscal years preceding the date of submis-
sion of the report; and 
(ii) with respect to the second report, 
the 2 fiscal years preceding the date of sub-
mission of the report; 
(B) the provision of the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.) (or regula-
tion promulgated pursuant to that Act) pursuant 
to which each such amount was expended or dis-
bursed; and 
(C) with respect to each relevant depart-
ment or agency— 
(i) the total amount expended or dis-
bursed by the department or agency as de-
scribed in subparagraph (A); and 
(ii) 
the 
information 
described 
in 
clauses (i) through (iii) of paragraph 
(1)(B). 
(b) REPORT ON CONSERVATION ACTIVITIES.— 
(1) FEDERAL DEPARTMENTS AND AGENCIES.—At 
the determination of the Comptroller General, to fa-
cilitate the preparation of the report under paragraph 
(2), the head of each Federal department and agency 
shall submit to the Comptroller General data and
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other relevant information that describes the conserva-
tion activities by the Federal department or agency as 
a direct result of any provision of the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) (includ-
ing any regulation promulgated pursuant to that Act) 
during— 
(A) with respect to the first report under 
paragraph (2), the 3 fiscal years preceding the 
date of submission of the report; and 
(B) with respect to the second report under 
paragraph (2), the 2 fiscal years preceding the 
date of submission of the report. 
(2) COMPTROLLER GENERAL.—Not later than 2 
years and 4 years after the date of enactment of this 
Act, the Comptroller General shall submit to the Com-
mittees on Commerce, Science, and Transportation 
and Environment and Public Works of the Senate 
and the Committee on Natural Resources of the House 
of Representatives a report that— 
(A) describes the conservation activities by 
all Federal departments and agencies for species 
listed as a threatened species or endangered spe-
cies under the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.), as reported under para-
graph (1), during—
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(i) with respect to the first report, the 
3 fiscal years preceding the date of submis-
sion of the report; and 
(ii) with respect to the second report, 
the 2 fiscal years preceding the date of sub-
mission of the report; 
(B) is organized into categories with respect 
to whether a recovery plan for a species has been 
established; 
(C) includes conservation outcomes associ-
ated with the conservation activities; and 
(D) as applicable, describes the conservation 
activities that required interaction between Fed-
eral agencies and between Federal agencies and 
State and Tribal agencies and units of local gov-
ernment pursuant to the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.). 
SEC. 304. USE OF VALUE OF LAND FOR COST SHARING. 
The Pittman-Robertson Wildlife Restoration Act (16 
U.S.C. 669 et seq.) is amended— 
(1) by redesignating section 13 as section 14; 
and 
(2) by inserting after section 12 the following:
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‘‘SEC. 13. VALUE OF LAND. 
‘‘Notwithstanding any other provision of law, any in-
stitution eligible to receive Federal funds under the Agricul-
tural Research, Extension, and Education Reform Act of 
1998 (7 U.S.C. 7601 et seq.) shall be allowed to use the 
value of any land owned by the institution as an in-kind 
match to satisfy any cost sharing requirement under this 
Act.’’. 
Amend the title so as to read: ‘‘An Act to improve 
protections for wildlife, and for other purposes.’’. 
Attest: 
Secretary.