II 118th CONGRESS 2d Session S. 4953 IN THE SENATE OF THE UNITED STATES August 1, 2024 Mr. Padilla introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish the Wildlife Movement and Movement Area Grant Program and the State and Tribal Migration Research Program, and for other purposes.

1. Short title This Act may be cited as the Wildlife Movement Through Partnerships Act . 2. Purpose The purpose of this Act is to provide financial and technical assistance for the purposes of promoting connectivity by improving habitat quality in movement areas by migratory big game and other wildlife— (1) to identify and conserve movement areas by methods of science and management expertise employed by State and Tribal wildlife agencies and other wildlife professionals; and (2) to coordinate and advance the purposes of— (A) Secretarial Order 3362, entitled Improving Habitat Quality in Western Big-Game Winter Range and Migration Corridors and issued by the Secretary on February 9, 2018; (B) the wildlife crossings pilot program established under section 171(b) of title 23, United States Code; and (C) the Migratory Big Game Initiative of the Department of Agriculture. 3. Definitions In this Act: (1) Big game The term big game means native species of large mammals, including deer, elk, pronghorn, wild sheep, and moose, for which State and Tribal wildlife agencies have established regulated means and methods of take. (2) Connectivity The term connectivity means the degree to which a species of wildlife moves within and among areas of its habitat. (3) Eligible recipient The term eligible recipient means— (A) a State fish and wildlife agency or other State agency responsible for managing natural resources or wildlife; (B) a State department of transportation; (C) an Indian Tribe; (D) a nonprofit organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, or a coalition of those organizations, including an organization that represents private landowners; (E) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )); (F) a national or regional association representing a State or Tribal fish and wildlife agency; (G) a Federal agency that may carry out projects that would support the purpose of this Act; and (H) a county government. (4) Federal land The term Federal land means land or water managed by the relevant agencies. (5) Foundation The term Foundation means the National Fish and Wildlife Foundation established by section 2(a) of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3701(a) ). (6) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (7) Movement area The term movement area means— (A) an area wildlife frequently use, or could frequently use, to move, including for travel within, or colonization, of additional habitat by wildlife that occurs seasonally or more frequently in and around corridors; or (B) seasonal habitat where migration or other natural movement of big game and other wildlife has been observed and documented by— (i) a State or Tribal wildlife agency; or (ii) (I) a scientific report published in a peer-reviewed professional publication; or (II) any other professional scientific publication recognized by a State or Tribal wildlife agency. (8) Relevant agencies The term relevant agencies means— (A) the Department of the Interior, including the United States Fish and Wildlife Service, the Bureau of Indian Affairs, the Bureau of Land Management, the National Park Service, and the United States Geological Survey; (B) the Department of Agriculture, including the Forest Service, the Natural Resources Conservation Service, and the Farm Service Agency; and (C) the Department of Transportation. (9) Secretary The term Secretary means the Secretary of the Interior. (10) Wildlife The term wildlife means native terrestrial vertebrate species. 4. Wildlife Movement and Movement Area Grant Program (a) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a nonregulatory program, to be known as the Wildlife Movement and Movement Area Grant Program (referred to in this section as the grant program ). (b) Purpose The purpose of the grant program is to fund projects that improve or conserve habitat quality in movement areas, including projects that— (1) secure habitat leases, fence modification, non-Federal land acquisition, conservation easements, improved hydrology, human-wildlife vehicle collision reduction, and road and infrastructure modification; (2) arrange voluntary collaboration with landowners; and (3) coordinate efforts among State and Tribal governments, including departments of transportation and other relevant agencies. (c) Cooperative agreement Not later than 1 year after the date of enactment of this Act, the Secretary shall enter into a cooperative agreement with the Foundation to administer the grant program for purposes of providing competitive matching grants in varying amounts to eligible recipients. (d) Grants (1) Proposals (A) In general Not later than 180 days after the date on which amounts are made available to carry out the grant program, and not less frequently than annually thereafter, the Foundation, in consultation with the Secretary, shall issue a request for proposals for projects to fund under the grant program. (B) Requirements A proposal submitted to the Foundation by an eligible recipient for funding under the grant program shall identify 1 or more movement areas where habitat improvement will be achieved, subject to the condition that the proposal shall include written acknowledgment of support from a State or Tribal fish and wildlife agency with jurisdiction over the movement area in which the proposal will be carried out. (2) Cost sharing (A) Federal share Except as provided in subparagraph (C), the Federal share of the cost of a project funded under the grant program shall not exceed 90 percent of the total cost of the project. (B) Non-Federal share The non-Federal share of the cost of a project funded under the grant program— (i) except as provided in subparagraph (C), shall be not less than 10 percent of the total cost of the project; and (ii) may be provided in cash or in-kind, as determined by the Foundation. (C) Waiver The Foundation may waive the requirements under subparagraphs (A) and (B) for projects that would benefit Indian Tribes, historically disadvantaged communities, or areas of persistent poverty, as determined by the Foundation. (e) Requirement After the date on which the Secretary enters into a cooperative agreement with the Foundation under subsection (c), any amounts received by the Foundation under this section shall be subject to the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3701 et seq. ), excluding section 10(a) of that Act ( 16 U.S.C. 3709(a) ). (f) Priority In funding projects under the grant program, the Foundation may give priority to proposals that are— (1) submitted by an eligible recipient described in section 3(3)(F); or (2) jointly submitted by multiple eligible recipients. (g) Funding After the date on which the Secretary enters into a cooperative agreement with the Foundation under subsection (c), the Foundation shall— (1) (A) for each fiscal year, receive amounts made available to carry out the grant program in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of that fiscal year, to remain available until expended; and (B) invest and reinvest those amounts for the benefit of the grant program; and (2) otherwise administer the grant program to support partnerships between the public and private sectors in accordance with this section. (h) Report Not less frequently than once every 2 years, the Foundation shall submit to the Secretary, the Secretary of Agriculture, the Secretary of Transportation, and Congress a report on projects funded under the grant program and the contribution of those projects to conservation successes. (i) Authorization of appropriations (1) In general There are authorized to be appropriated to the Secretary to carry out the grant program such sums as are necessary for each of fiscal years 2025 through 2030. (2) Big game Of the amounts made available to carry out the grant program for each fiscal year, not less than 50 percent shall be used for projects that directly conserve, restore, or enhance big game movement areas. 5. State and Tribal Migration Research Program (a) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program, to be known as the State and Tribal Migration Research Program (referred to in this section as the program ), to provide funds directly to State fish and wildlife agencies and Indian Tribes through an agreed on process between States, Indian Tribes, and the relevant agencies, to collect and analyze data on the identification, characteristics, or management of movement areas . (b) Administration Funds provided under this section shall be administered by the Science Applications program of the United States Fish and Wildlife Service. (c) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out the program such sums as are necessary for each of fiscal years 2025 through 2030. 6. Partners for Fish and Wildlife Program (a) In general Section 4 of the Partners for Fish and Wildlife Act ( 16 U.S.C. 3773 ) is amended— (1) in the matter preceding paragraph (1), by striking The Secretary shall carry out the Partners for Fish and Wildlife Program and inserting the following: (a) In general The Secretary shall carry out the Partners for Fish and Wildlife Program (referred to in this section as the Program ) ; and (2) by adding at the end the following: (b) Use of funds Where prudent and necessary, funds under the Program may be used to provide technical assistance to other Federal agencies to implement voluntary programs with a focus on migration corridor or seasonal habitat conservation efforts on private and Tribal land. . (b) Reauthorization Section 5 of the Partners for Fish and Wildlife Act ( 16 U.S.C. 3774 ) is amended by striking 2019 through 2023 and inserting 2025 through 2030 . 7. USGS Wildlife Cooridor Mapping The Secretary, acting through the Director of the United States Geological Survey, shall support the continuation of a Corridor Mapping Team to provide technical assistance, as prioritized and required by States and Indian Tribes, to Federal agencies, States, and Indian Tribes working— (1) to map movement areas using existing Global Positioning System data or other sources of credible scientific information; and (2) to assess or research movement areas. 8. USGS existing efforts (a) USGS existing efforts (1) In general The Director of the United States Geological Survey shall work with Federal and State agencies and Indian Tribes to build on existing efforts to map movement areas. (2) Protection of information In carrying out this subsection, the Director of the United States Geological Survey, in cooperation with Federal and State agencies and Indian Tribes, and consistent with rights afforded to sovereign nations and applicable State law, shall carry out necessary measures— (A) to protect sensitive information with respect to the protection of private property rights and the precise locations of individuals; and (B) to prevent the poaching, illegal taking, and unfair chase of wildlife. (3) Reports; published migration maps (A) In general Annually, the Director of the United States Geological Survey shall publish a report on completed analyses of mapped migration corridors, seasonal habitats, and connectivity areas. (B) Requirement To the extent practicable, all efforts shall be made to incorporate data with existing State programs and use existing published maps described in subparagraph (A). (4) Reports Not less frequently than once every 2 years, the Secretary shall submit to Congress a report on projects funded under this subsection, including a description of the conservation value of each project. (b) Authorization of appropriations Section 2 of the Act of September 2, 1960 ( 16 U.S.C. 753b ), is amended to read as follows: 2. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this Act such sums as are necessary for each of fiscal years 2025 through 2030. (b) Set-Aside Of the amounts made available to carry out this Act for each fiscal year, not less than 50 percent shall be used for projects that promote connectivity by improving habitat quality in movement areas of big game and other wildlife. . 9. Coordination (a) In general The Secretary shall appoint a Senior Executive Service employee, who has experience with big game movement, to serve in the Office of the Secretary as coordinator of activities and necessary staff to carry out this Act and the amendments made by this Act. (b) Authority and responsibilities The Senior Executive Service employee appointed under subsection (a) shall— (1) advise and assist— (A) State and Tribal agencies and other eligible recipients; (B) relevant Federal agencies and programs; and (C) the Foundation; and (2) maintain an informative summary of activities, and the results of those activities, carried out under this Act. (c) Interagency coordination The Secretaries, or their authorized representatives, of the relevant agencies shall regularly convene— (1) to coordinate actions and funding across Federal agencies for programs under this Act and the amendments made by this Act; and (2) to streamline coordination with States, Indian Tribes, and non-governmental partners with respect to those actions and that funding. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years 2025 through 2030. 10. Requirement; savings provision (a) Requirement No funds obligated under this Act or an amendment made by this Act shall be applied in a manner that requires non-voluntary changes in agricultural or domestic livestock production, permitted forestry practices, or access to valid existing rights, such as for energy development and mining, or water rights, consistent with Federal organic Acts and associated regulations. (b) Savings provision Nothing in this Act or an amendment made by this Act— (1) enlarges or diminishes the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under the law and regulations of the State on land and waters within the State, including on Federal land; (2) modifies or abrogates a treaty with any Indian Tribe or enlarges or diminishes the authority, jurisdiction, or responsibility of an Indian Tribe to manage, control, or regulate wildlife on Tribal land; (3) impacts the private property or privacy rights of landowners; (4) restricts or reduces public access for hunting, angling, recreational shooting, or other compatible types of outdoor recreation; (5) affects military readiness for training occurring on land of the Department of the Interior reserved by the Department of the Defense; (6) constitutes a Federal land designation or federally designated migration route, an alteration or removal of such a designation, or a directive to impact pre-existing administrative or management authority in any manner; or (7) amends or otherwise affects any other Federal law (including regulations) relating to the conservation of native species.