[Congressional Record Volume 166, Number 171 (Thursday, October 1, 2020)]
[House]
[Pages H5163-H5176]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AMERICA'S CONSERVATION ENHANCEMENT ACT
Mrs. DINGELL. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 3051) to improve protections for wildlife, and for other
purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 3051
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``America's
Conservation Enhancement Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION
Sec. 101. Theodore Roosevelt Genius Prize for reducing human-predator
conflict.
Sec. 102. Losses of livestock due to depredation by federally protected
species.
Sec. 103. Depredation permits for black vultures and common ravens.
Sec. 104. Chronic Wasting Disease Task Force.
Sec. 105. Invasive species.
Sec. 106. North American Wetlands Conservation Act.
Sec. 107. National Fish and Wildlife Foundation Establishment Act.
Sec. 108. Modification of definition of sport fishing equipment under
Toxic Substances Control Act.
Sec. 109. Reauthorization of Chesapeake Bay Program.
Sec. 110. Reauthorization of Chesapeake Bay Initiative Act of 1998.
Sec. 111. Chesapeake watershed investments for landscape defense.
TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS
Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. National Fish Habitat Board.
Sec. 204. Fish Habitat Partnerships.
Sec. 205. Fish Habitat Conservation Projects.
Sec. 206. Technical and scientific assistance.
Sec. 207. Coordination with States and Indian Tribes.
Sec. 208. Interagency Operational Plan.
Sec. 209. Accountability and reporting.
Sec. 210. Effect of this title.
Sec. 211. Nonapplicability of Federal Advisory Committee Act.
Sec. 212. Funding.
Sec. 213. Prohibition against implementation of regulatory authority by
Federal agencies through Partnerships.
TITLE III--MISCELLANEOUS
Sec. 301. Study to review conservation factors.
Sec. 302. Study and report on expenditures.
Sec. 303. Use of value of land for cost sharing.
TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION
SEC. 101. THEODORE ROOSEVELT GENIUS PRIZE FOR REDUCING HUMAN-
PREDATOR CONFLICT.
(a) In General.--Section 7001(d) of the John D. Dingell,
Jr. Conservation, Management, and Recreation Act (16 U.S.C.
742b note; Public Law 116-9) is amended--
(1) by striking ``paragraph (7)(A)'' each place such term
appears and inserting ``paragraph (8)(A)'';
(2) by striking ``paragraph (7)(B)'' each place such term
appears and inserting ``paragraph (8)(B)'';
(3) in paragraph (6)(C)(iv), by striking ``subparagraph
(C)'' and inserting ``clause (iii)'';
(4) by redesignating paragraph (7) as paragraph (8);
(5) by inserting after paragraph (6) the following:
``(7) Theodore roosevelt genius prize for reducing human-
predator conflict.--
``(A) Definitions.--In this paragraph:
``(i) Board.--The term `Board' means the Reducing Human-
Predator Conflict Technology Advisory Board established by
subparagraph (C)(i).
``(ii) Prize competition.--The term `prize competition'
means the Theodore Roosevelt Genius Prize for reducing human-
predator conflict established under subparagraph (B).
``(B) Authority.--Not later than 180 days after the date of
enactment of the America's Conservation Enhancement Act, the
Secretary shall establish under section 24 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) a
prize competition, to be known as the `Theodore Roosevelt
Genius Prize for reducing human-predator conflict'--
``(i) to encourage technological innovation with the
potential to advance the mission of the United States Fish
and Wildlife Service with respect to reducing the frequency
of human-predator conflict using nonlethal means; and
``(ii) to award 1 or more prizes annually for a
technological advancement that promotes reducing human-
predator conflict using nonlethal means, which may include
the application and monitoring of tagging technologies.
``(C) Advisory board.--
``(i) Establishment.--There is established an advisory
board, to be known as the `Reducing Human-Predator Conflict
Technology Advisory Board'.
``(ii) Composition.--The Board shall be composed of not
fewer than 9 members appointed by the Secretary, who shall
provide expertise in--
``(I) predator-human interactions;
``(II) the habitats of large predators;
``(III) biology;
``(IV) technology development;
``(V) engineering;
``(VI) economics;
``(VII) business development and management; and
``(VIII) any other discipline, as the Secretary determines
to be necessary to achieve the purposes of this paragraph.
``(iii) Duties.--Subject to clause (iv), with respect to
the prize competition, the Board shall--
``(I) select a topic;
``(II) issue a problem statement;
``(III) advise the Secretary regarding any opportunity for
technological innovation to reduce human-predator conflict
using nonlethal means; and
[[Page H5164]]
``(IV) advise winners of the prize competition regarding
opportunities to pilot and implement winning technologies in
relevant fields, including in partnership with conservation
organizations, Federal or State agencies, federally
recognized Indian Tribes, private entities, and research
institutions with expertise or interest relating to reducing
human-predator conflict using nonlethal means.
``(iv) Consultation.--In selecting a topic and issuing a
problem statement for the prize competition under subclauses
(I) and (II) of clause (iii), respectively, the Board shall
consult widely with Federal and non-Federal stakeholders,
including--
``(I) 1 or more Federal agencies with jurisdiction over the
management of native wildlife species at risk due to conflict
with human activities;
``(II) 1 or more State agencies with jurisdiction over the
management of native wildlife species at risk due to conflict
with human activities;
``(III) 1 or more State, regional, or local wildlife
organizations, the mission of which relates to the management
of native wildlife species at risk due to conflict with human
activities; and
``(IV) 1 or more wildlife conservation groups, technology
companies, research institutions, institutions of higher
education, industry associations, or individual stakeholders
with an interest in the management of native wildlife species
at risk due to conflict with human activities.
``(v) Requirements.--The Board shall comply with all
requirements under paragraph (8)(A).
``(D) Agreement with national fish and wildlife
foundation.--
``(i) In general.--The Secretary shall offer to enter into
an agreement under which the National Fish and Wildlife
Foundation shall administer the prize competition.
``(ii) Requirements.--An agreement entered into under
clause (i) shall comply with all requirements under paragraph
(8)(B).
``(E) Judges.--
``(i) Appointment.--The Secretary shall appoint not fewer
than 3 judges who shall, except as provided in clause (ii),
select the 1 or more annual winners of the prize competition.
``(ii) Determination by secretary.--The judges appointed
under clause (i) shall not select any annual winner of the
prize competition if the Secretary makes a determination
that, in any fiscal year, none of the technological
advancements entered into the prize competition merits an
award.
``(F) Consultation with national oceanic and atmospheric
administration.--The Secretary shall consult with the
Secretary of Commerce, acting through the Administrator of
the National Oceanic and Atmospheric Administration, in the
case of a cash prize awarded under the prize competition for
a technology that addresses conflict between humans and
marine predators under the jurisdiction of the Secretary of
Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration.
``(G) Report to congress.--Not later than 60 days after the
date on which a cash prize is awarded under this paragraph,
the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Natural
Resources of the House of Representatives a report on the
prize competition that includes--
``(i) a statement by the Board that describes the
activities carried out by the Board relating to the duties
described in subparagraph (C)(iii);
``(ii) if the Secretary has entered into an agreement under
subparagraph (D)(i), a statement by the National Fish and
Wildlife Foundation that describes the activities carried out
by the National Fish and Wildlife Foundation relating to the
duties described in paragraph (8)(B); and
``(iii) a statement by 1 or more of the judges appointed
under subparagraph (E) that explains the basis on which the
winner of the cash prize was selected.
``(H) Termination of authority.--The Board and all
authority provided under this paragraph shall terminate on
December 31, 2023.''; and
(6) in paragraph (8) (as redesignated)--
(A) in subparagraph (A), by striking ``or (6)(C)(i)'' and
inserting ``(6)(C)(i), or (7)(C)(i)''; and
(B) in subparagraph (B)--
(i) by striking ``or (6)(D)(i)'' and inserting ``(6)(D)(i),
or (7)(D)(i)''; and
(ii) in clause (i)(VII), by striking ``and (6)(E)'' and
inserting ``(6)(E), and (7)(E)''.
(b) Sense of Congress.--It is the sense of Congress that
data collected from the tagging of predators can inform
innovative management of those predators and innovative
education activities to minimize human-predator conflict.
SEC. 102. LOSSES OF LIVESTOCK DUE TO DEPREDATION BY FEDERALLY
PROTECTED SPECIES.
(a) Definitions.--In this section:
(1) Depredation.--
(A) In general.--The term ``depredation'' means actual
death, injury, or destruction of livestock that is caused by
a federally protected species.
(B) Exclusions.--The term ``depredation'' does not include
damage to real or personal property other than livestock,
including--
(i) damage to--
(I) other animals;
(II) vegetation;
(III) motor vehicles; or
(IV) structures;
(ii) diseases;
(iii) lost profits; or
(iv) consequential damages.
(2) Federally protected species.--The term ``federally
protected species'' means a species that is or previously was
protected under--
(A) the Act of June 8, 1940 (commonly known as the ``Bald
and Golden Eagle Protection Act'') (54 Stat. 250, chapter
278; 16 U.S.C. 668 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); or
(C) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.).
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given to the term ``Indian tribe'' in section 4 of
the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304).
(4) Livestock.--
(A) In general.--The term ``livestock'' means horses, mules
and asses, rabbits, llamas, cattle, bison, swine, sheep,
goats, poultry, bees, honey and beehives, or any other animal
generally used for food or in the production of food or
fiber.
(B) Inclusion.--The term ``livestock'' includes guard
animals actively engaged in the protection of livestock
described in subparagraph (A).
(5) Program.--The term ``program'' means the grant program
established under subsection (b)(1).
(6) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service; and
(B) the Secretary of Agriculture, acting through the
Administrator of the Animal and Plant Health Inspection
Service.
(b) Grant Program for Losses of Livestock Due to
Depredation by Federally Protected Species.--
(1) In general.--The Secretaries shall establish a program
to provide grants to States and Indian Tribes to supplement
amounts provided by States, Indian Tribes, or State agencies
under 1 or more programs established by the States and Indian
Tribes (including programs established after the date of
enactment of this Act)--
(A) to assist livestock producers in carrying out--
(i) proactive and nonlethal activities to reduce the risk
of livestock loss due to depredation by federally protected
species occurring on--
(I) Federal, State, or private land within the applicable
State; or
(II) land owned by, or held in trust for the benefit of,
the applicable Indian Tribe; and
(ii) research relating to the activities described in
clause (i); and
(B) to compensate livestock producers for livestock losses
due to depredation by federally protected species occurring
on--
(i) Federal, State, or private land within the applicable
State; or
(ii) land owned by, or held in trust for the benefit of,
the applicable Indian Tribe.
(2) Allocation of funding.--
(A) Reports to the secretaries.--Not later than September
30 of each year, a State or Indian Tribe desiring to receive
a grant under the program shall submit to the Secretaries a
report describing, for the 1-year period ending on that
September 30, the losses of livestock due to depredation by
federally protected species occurring on--
(i) Federal, State, or private land within the applicable
State; or
(ii) land owned by, or held in trust for the benefit of,
the applicable Indian Tribe.
(B) Allocation.--The Secretaries shall allocate available
funding to carry out this Act among States and Indian Tribes
for a 1-year period ending on September 30 based on the
losses described in the reports submitted for the previous 1-
year period ending on September 30 under subparagraph (A).
(3) Eligibility.--To be eligible to receive a grant under
paragraph (1), a State or Indian Tribe shall--
(A) designate an appropriate agency of the State or Indian
Tribe to administer the 1 or more programs supplemented by
the grant funds;
(B) establish 1 or more accounts to receive grant funds;
(C) maintain files of all claims received and paid under
grant-funded programs, including supporting documentation;
and
(D) submit to the Secretaries--
(i) annual reports that include--
(I) a summary of claims and expenditures under the program
during the year; and
(II) a description of any action taken on the claims; and
(ii) such other reports as the Secretaries may require to
assist the Secretaries in determining the effectiveness of
assisted activities under this section.
(c) Sense of Congress.--It is the sense of Congress that--
(1) no State or Indian Tribe is required to participate in
the program; and
(2) the program supplements, and does not replace or
supplant, any State compensation programs for depredation.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000 for
each of fiscal years 2021 through 2025, of which--
(1) $5,000,000 shall be used to provide grants for the
purposes described in subsection (b)(1)(A); and
[[Page H5165]]
(2) $10,000,000 shall be used to provide grants for the
purpose described in subsection (b)(1)(B).
SEC. 103. DEPREDATION PERMITS FOR BLACK VULTURES AND COMMON
RAVENS.
(a) In General.--The Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife
Service (referred to in this section as the ``Secretary''),
may issue depredation permits to livestock producers
authorizing takings of black vultures or common ravens
otherwise prohibited by Federal law to prevent those vultures
or common ravens from taking livestock during the calving
season or lambing season.
(b) Limited to Affected States or Regions.--The Secretary
may issue permits under subsection (a) only to livestock
producers in States and regions in which livestock producers
are affected or have been affected in the previous year by
black vultures or common ravens, as determined by Secretary.
(c) Reporting.--The Secretary shall require, as a condition
of a permit under subsection (a), that the permit holder
shall report to the appropriate enforcement agencies the
takings of black vultures or common ravens pursuant to the
permit.
SEC. 104. CHRONIC WASTING DISEASE TASK FORCE.
(a) Definitions.--In this section:
(1) Cervid.--The term ``cervid'' means any species within
the family Cervidae.
(2) Chronic wasting disease.--The term ``chronic wasting
disease'' means the animal disease afflicting deer, elk, and
moose populations that--
(A) is a transmissible disease of the nervous system
resulting in distinctive lesions in the brain; and
(B) belongs to the group of diseases known as transmissible
spongiform encephalopathies, which group includes scrapie,
bovine spongiform encephalopathy, and Creutzfeldt-Jakob
disease.
(3) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture, acting through the Administrator of
the Animal and Plant Health Inspection Service, and the
Secretary of the Interior, acting through the Director of the
United States Geological Survey and the Director of the
United States Fish and Wildlife Service, acting jointly.
(b) Establishment.--
(1) In general.--The Secretaries shall establish within the
United States Fish and Wildlife Service a task force, to be
known as the ``Chronic Wasting Disease Task Force'' (referred
to in this subsection as the ``Task Force'') after the
completion of the study required by subsection (c).
(2) Duties.--The Task Force shall--
(A) collaborate with foreign governments to share research,
coordinate efforts, and discuss best management practices to
reduce, minimize, prevent, or eliminate chronic wasting
disease in the United States;
(B) develop recommendations, including recommendations
based on findings of the study conducted under subsection
(c), and a set of best practices regarding--
(i) the interstate coordination of practices to prevent the
new introduction of chronic wasting disease;
(ii) the prioritization and coordination of the future
study of chronic wasting disease, based on evolving research
needs;
(iii) ways to leverage the collective resources of Federal,
State, and local agencies, Indian Tribes, and foreign
governments, and resources from private, nongovernmental
entities, to address chronic wasting disease in the United
States and along the borders of the United States; and
(iv) any other area where containment or management efforts
relating to chronic wasting disease may differ across
jurisdictions; and
(C) develop, from the recommendations developed under
subparagraph (B), an action plan that gives States, the
Federal Government, Indian Tribes, and the farmed cervid
industry specific recommendations to ensure consistent and
coordinated management and focused, prioritized research to
stop the spread of and mitigate the impacts of chronic
wasting disease.
(3) Membership.--
(A) In general.--The Task Force shall be composed of--
(i) 1 representative of the United States Fish and Wildlife
Service with experience in chronic wasting disease, to be
appointed by the Secretary of the Interior (referred to in
this subsection as the ``Secretary'');
(ii) 1 representative of the United States Geological
Survey;
(iii) 2 representatives of the Department of Agriculture
with experience in chronic wasting disease, to be appointed
by the Secretary of Agriculture--
(I) 1 of whom shall have expertise in cervid health
research; and
(II) 1 of whom shall have expertise in wildlife management;
(iv) in the case of each State in which chronic wasting
disease among elk, mule deer, white-tailed deer, or moose has
been reported to the appropriate State agency, not more than
2 representatives, to be nominated by the Governor of the
State--
(I) not more than 1 of whom shall be a representative of
the State agency with jurisdiction over wildlife management
or wildlife disease in the State; and
(II) in the case of a State with a farmed cervid program or
economy, not more than 1 of whom shall be a representative of
the State agency with jurisdiction over farmed cervid
regulation in the State;
(v) in the case of each State in which chronic wasting
disease among elk, mule deer, white-tailed deer, or moose has
not been documented, but that has carried out measures to
prevent the introduction of chronic wasting disease among
those species, not more than 2 representatives, to be
nominated by the Governor of the State;
(vi) not more than 2 representatives from an Indian Tribe
or Tribal organization chosen in a process determined, in
consultation with Indian Tribes, by the Secretary; and
(vii) not more than 5 nongovernmental members with relevant
expertise appointed, after the date on which the members are
first appointed under clauses (i) through (vi), by a majority
vote of the State representatives appointed under clause
(iv).
(B) Effect.--Nothing in this paragraph requires a State to
participate in the Task Force.
(4) Co-chairs.--The Co-Chairs of the Task Force shall be--
(A) the Federal representative described in paragraph
(3)(A)(i);
(B) 1 of the Federal representatives described in paragraph
(3)(A)(iii); and
(C) 1 State representative appointed under paragraph
(3)(A)(iv), to be selected by a majority vote of those State
representatives.
(5) Date of initial appointment.--
(A) In general.--The members of the Task Force shall be
appointed not later than 180 days after the date on which the
study is completed under subsection (c).
(B) Notification.--On appointment of the members of the
Task Force, the Co-Chairs of the Task Force shall notify the
Chairs and Ranking Members of the Committees on Environment
and Public Works and Agriculture, Nutrition, and Forestry of
the Senate and Natural Resources and Agriculture of the House
of Representatives.
(6) Vacancies.--Any vacancy in the members appointed to the
Task Force--
(A) shall not affect the power or duty of the Task Force;
and
(B) shall be filled not later than 30 days after the date
of the vacancy.
(7) Meetings.--The Task Force shall convene--
(A) not less frequently than twice each year; and
(B) at such time and place, and by such means, as the Co-
Chairs of the Task Force determine to be appropriate, which
may include the use of remote conference technology.
(8) Interstate action plan.--
(A) In general.--Not later than 1 year after the date on
which the members of the Task Force are appointed, the Task
Force shall submit to the Secretaries, and the heads of the
State agencies with jurisdiction over wildlife disease and
farmed cervid regulation of each State with a representative
on the Task Force, the interstate action plan developed by
the Task Force under paragraph (2)(C).
(B) Cooperative agreements.--
(i) In general.--To the maximum extent practicable, the
Secretaries, any other applicable Federal agency, and each
applicable State may enter into a cooperative agreement to
fund necessary actions under the interstate action plan
submitted under subparagraph (A).
(ii) Target date.--The Secretaries shall make the best
effort of the Secretaries to enter into any cooperative
agreement under clause (i) not later than 180 days after the
date of submission of the interstate action plan under
subparagraph (A).
(C) Matching funds.--
(i) In general.--Subject to clause (ii), for each fiscal
year, the Secretaries may provide funds to carry out an
interstate action plan through a cooperative agreement under
subparagraph (B) in the amount of funds provided by the
applicable States.
(ii) Limitation.--The amount provided by the United States
Fish and Wildlife Service under clause (i) for a fiscal year
shall be not greater than $5,000,000.
(9) Reports.--Not later than September 30 of the first full
fiscal year after the date on which the first members of the
Task Force are appointed, and each September 30 thereafter,
the Task Force shall submit to the Secretaries, and the heads
of the State agencies with jurisdiction over wildlife disease
and farmed cervid regulation of each State with a
representatives on the Task Force, a report describing--
(A) progress on the implementation of actions identified in
the interstate action plan submitted under paragraph (8)(A),
including the efficacy of funding under the cooperative
agreement entered into under paragraph (8)(B);
(B) updated resource requirements that are needed to reduce
and eliminate chronic wasting disease in the United States;
(C) any relevant updates to the recommended best management
practices included in the interstate action plan submitted
under paragraph (8)(B) to reduce or eliminate chronic wasting
disease;
(D) new research findings and emerging research needs
relating to chronic wasting disease; and
(E) any other relevant information.
(c) Chronic Wasting Disease Transmission in Cervidae
Resource Study.--
(1) Definition of academy.--In this subsection, the term
``Academy'' means the National Academy of Sciences.
(2) Study.--
[[Page H5166]]
(A) In general.--The Secretaries shall enter into an
arrangement with the Academy under which the Academy shall
conduct, and submit to the Secretaries a report describing
the findings of, a special resource study to identify the
predominant pathways and mechanisms of the transmission of
chronic wasting disease in wild, captive, and farmed
populations of cervids in the United States.
(B) Requirements.--The arrangement under subparagraph (A)
shall provide that the actual expenses incurred by the
Academy in conducting the study under subparagraph (A) shall
be paid by the Secretaries, subject to the availability of
appropriations.
(3) Contents of the study.--The study under paragraph (2)
shall--
(A) with respect to wild, captive, and farmed populations
of cervids in the United States, identify--
(i)(I) to the extent possible, the pathways and mechanisms
for the transmission of chronic wasting disease within live
cervid populations and cervid products, which may include
pathways and mechanisms for transmission from Canada;
(II) the infection rates for each pathway and mechanism
identified under subclause (I); and
(III) the relative frequency of transmission of each
pathway and mechanism identified under subclause (I);
(ii)(I) anthropogenic and environmental factors
contributing to new chronic wasting disease emergence events;
(II) the development of geographical areas with increased
chronic wasting disease prevalence; and
(III) the overall geographical patterns of chronic wasting
disease distribution;
(iii) significant gaps in current scientific knowledge
regarding the transmission pathways and mechanisms identified
under clause (i)(I) and potential prevention, detection, and
control methods identified under clause (v);
(iv) for prioritization the scientific research projects
that will address the knowledge gaps identified under clause
(iii), based on the likelihood that a project will contribute
significantly to the prevention or control of chronic wasting
disease; and
(v) potential prevention, detection, or control measures,
practices, or technologies to be used to mitigate the
transmission and spread of chronic wasting disease in wild,
captive, and farmed populations of cervids in the United
States;
(B) assess the effectiveness of the potential prevention,
detection, or control measures, practices, or technologies
identified under subparagraph (A)(v); and
(C) review and compare science-based best practices,
standards, and guidance regarding the prevention, detection,
and management of chronic wasting disease in wild, captive,
and farmed populations of cervids in the United States that
have been developed by--
(i) the National Chronic Wasting Disease Herd Certification
Program of the Animal and Plant Health Inspection Service;
(ii) the National Wildlife Research Center of the Animal
and Plant Health Inspection Service;
(iii) the United States Geological Survey;
(iv) State wildlife and agricultural agencies, in the case
of practices, standards, and guidance that provide practical,
science-based recommendations to State and Federal agencies
for minimizing or eliminating the risk of transmission of
chronic wasting disease in the United States; and
(v) industry or academia, in the case of any published
guidance on practices that provide practical, science-based
recommendations to cervid producers for minimizing or
eliminating the risk of transmission of chronic wasting
disease within or between herds.
(4) Deadline.--The study under paragraph (2) shall be
completed not later than 180 days after the date on which
funds are first made available for the study.
(5) Data sharing.--The Secretaries shall share with the
Academy, as necessary to conduct the study under paragraph
(2), subject to the avoidance of a violation of a privacy or
confidentiality requirement and the protection of
confidential or privileged commercial, financial, or
proprietary information, data and access to databases and
research information on chronic wasting disease under the
jurisdiction of--
(A) the Animal and Plant Health Inspection Service; and
(B) the United States Geological Survey.
(6) Report.--Not later than 60 days after the date of
completion of the study, the Secretaries shall submit to the
Committee on Agriculture, Nutrition, and Forestry, the
Committee on Energy and Natural Resources, and the Committee
on Environment and Public Works of the Senate and the
Committee on Agriculture and the Committee on Natural
Resources of the House of Representatives a report that
describes--
(A) the findings of the study; and
(B) any conclusions and recommendations that the
Secretaries determine to be appropriate.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) for the period of fiscal years 2021 through 2025,
$5,000,000 to the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife Service,
to carry out administrative activities under subsection (b);
(2) for fiscal year 2021, $1,200,000 to the Secretary of
the Interior, acting through the Director of the United
States Geological Survey, to carry out activities to fund
research under subsection (c); and
(3) for fiscal year 2021, $1,200,000 to the Secretary of
Agriculture, acting through the Administrator of the Animal
and Plant Health Inspection Service, to carry out activities
to fund research under subsection (c).
SEC. 105. INVASIVE SPECIES.
Section 10 of the Fish and Wildlife Coordination Act (16
U.S.C. 666c-1) is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (A)--
(i) by redesignating clauses (i) and (ii) as clauses (ii)
and (iii), respectively; and
(ii) by inserting before clause (ii) (as so redesignated)
the following:
``(i) relevant Federal agencies;'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(C) by inserting after subparagraph (A) the following:
``(B) in consultation with stakeholders, including
nongovernmental organizations and industry;''; and
(2) by adding at the end the following:
``(p) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section for
each of fiscal years 2021 through 2025--
``(1) $2,500,000 to the Secretary of the Army, acting
through the Chief of Engineers; and
``(2) $2,500,000 to the Secretary of the Interior.''.
SEC. 106. NORTH AMERICAN WETLANDS CONSERVATION ACT.
Section 7(c) of the North American Wetlands Conservation
Act (16 U.S.C. 4406(c)) is amended by striking ``not to
exceed--'' in the matter preceding paragraph (1) and all that
follows through paragraph (5) and inserting ``not to exceed
$60,000,000 for each of fiscal years 2021 through 2025.''.
SEC. 107. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT
ACT.
(a) Board of Directors of Foundation.--
(1) In general.--Section 3 of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3702) is
amended--
(A) in subsection (b)--
(i) by striking paragraph (2) and inserting the following:
``(2) Appointment of directors.--After consulting with the
Secretary of Commerce and considering the recommendations
submitted by the Board, the Secretary of the Interior shall
appoint 28 Directors who, to the maximum extent practicable,
shall--
``(A) be knowledgeable and experienced in matters relating
to the conservation of fish, wildlife, or other natural
resources; and
``(B) represent a balance of expertise in ocean, coastal,
freshwater, and terrestrial resource conservation.''; and
(ii) by striking paragraph (3) and inserting the following:
``(3) Terms.--Each Director (other than a Director
described in paragraph (1)) shall be appointed for a term of
6 years.''; and
(B) in subsection (g)(2)--
(i) in subparagraph (A), by striking ``(A) Officers and
employees may not be appointed until the Foundation has
sufficient funds to pay them for their service. Officers''
and inserting the following:
``(A) In general.--Officers''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) Executive director.--The Foundation shall have an
Executive Director who shall be--
``(i) appointed by, and serve at the direction of, the
Board as the chief executive officer of the Foundation; and
``(ii) knowledgeable and experienced in matters relating to
fish and wildlife conservation.''.
(2) Conforming amendment.--Section 4(a)(1)(B) of the North
American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B))
is amended by striking ``Secretary of the Board'' and
inserting ``Executive Director of the Board''.
(b) Rights and Obligations of Foundation.--Section 4 of the
National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3703) is amended--
(1) in subsection (c)--
(A) by striking ``(c) Powers.--To carry out its purposes
under'' and inserting the following:
``(c) Powers.--
``(1) In general.--To carry out the purposes described
in'';
(B) by redesignating paragraphs (1) through (11) as
subparagraphs (A) through (K), respectively, and indenting
appropriately;
(C) in subparagraph (D) (as redesignated by subparagraph
(B)), by striking ``that are insured by an agency or
instrumentality of the United States'' and inserting ``at 1
or more financial institutions that are members of the
Federal Deposit Insurance Corporation or the Securities
Investment Protection Corporation'';
(D) in subparagraph (E) (as redesignated by subparagraph
(B)), by striking ``paragraph (3) or (4)'' and inserting
``subparagraph (C) or (D)'';
(E) in subparagraph (J) (as redesignated by subparagraph
(B)), by striking ``and'' at the end;
(F) by striking subparagraph (K) (as redesignated by
subparagraph (B)) and inserting the following:
``(K) to receive and administer restitution and community
service payments, amounts
[[Page H5167]]
for mitigation of impacts to natural resources, and other
amounts arising from legal, regulatory, or administrative
proceedings, subject to the condition that the amounts are
received or administered for purposes that further the
conservation and management of fish, wildlife, plants, and
other natural resources; and
``(L) to do acts necessary to carry out the purposes of the
Foundation.''; and
(G) by striking the undesignated matter at the end and
inserting the following:
``(2) Treatment of real property.--
``(A) In general.--For purposes of this Act, an interest in
real property shall be treated as including easements or
other rights for preservation, conservation, protection, or
enhancement by and for the public of natural, scenic,
historic, scientific, educational, inspirational, or
recreational resources.
``(B) Encumbered real property.--A gift, devise, or bequest
may be accepted by the Foundation even though the gift,
devise, or bequest is encumbered, restricted, or subject to
beneficial interests of private persons if any current or
future interest in the gift, devise, or bequest is for the
benefit of the Foundation.
``(3) Savings clause.--The acceptance and administration of
amounts by the Foundation under paragraph (1)(K) does not
alter, supersede, or limit any regulatory or statutory
requirement associated with those amounts.'';
(2) by striking subsections (f) and (g); and
(3) by redesignating subsections (h) and (i) as subsections
(f) and (g), respectively.
(c) Authorization of Appropriations.--Section 10 of the
National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3709) is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) In general.--There are authorized to be appropriated
to carry out this Act for each of fiscal years 2021 through
2025--
``(A) $15,000,000 to the Secretary of the Interior;
``(B) $5,000,000 to the Secretary of Agriculture; and
``(C) $5,000,000 to the Secretary of Commerce.'';
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the following:
``(1) Amounts from federal agencies.--
``(A) In general.--In addition to the amounts authorized to
be appropriated under subsection (a), Federal departments,
agencies, or instrumentalities are authorized to provide
funds to the Foundation through Federal financial assistance
grants and cooperative agreements, subject to the condition
that the amounts are used for purposes that further the
conservation and management of fish, wildlife, plants, and
other natural resources in accordance with this Act.
``(B) Advances.--Federal departments, agencies, or
instrumentalities may advance amounts described in
subparagraph (A) to the Foundation in a lump sum without
regard to when the expenses for which the amounts are used
are incurred.
``(C) Management fees.--The Foundation may assess and
collect fees for the management of amounts received under
this paragraph.'';
(B) in paragraph (2)--
(i) in the paragraph heading, by striking ``funds'' and
inserting ``amounts'';
(ii) by striking ``shall be used'' and inserting ``may be
used''; and
(iii) by striking ``and State and local government
agencies'' and inserting ``, State and local government
agencies, and other entities''; and
(C) by adding at the end the following:
``(3) Administration of amounts.--
``(A) In general.--In entering into contracts, agreements,
or other partnerships pursuant to this Act, a Federal
department, agency, or instrumentality shall have discretion
to waive any competitive process applicable to the
department, agency, or instrumentality for entering into
contracts, agreements, or partnerships with the Foundation if
the purpose of the waiver is--
``(i) to address an environmental emergency resulting from
a natural or other disaster; or
``(ii) as determined by the head of the applicable Federal
department, agency, or instrumentality, to reduce
administrative expenses and expedite the conservation and
management of fish, wildlife, plants, and other natural
resources.
``(B) Reports.--The Foundation shall include in the annual
report submitted under section 7(b) a description of any use
of the authority under subparagraph (A) by a Federal
department, agency, or instrumentality in that fiscal
year.''; and
(3) by adding at the end the following:
``(d) Use of Gifts, Devises, or Bequests of Money or Other
Property.--Any gifts, devises, or bequests of amounts or
other property, or any other amounts or other property,
transferred to, deposited with, or otherwise in the
possession of the Foundation pursuant to this Act, may be
made available by the Foundation to Federal departments,
agencies, or instrumentalities and may be accepted and
expended (or the disposition of the amounts or property
directed), without further appropriation, by those Federal
departments, agencies, or instrumentalities, subject to the
condition that the amounts or property be used for purposes
that further the conservation and management of fish,
wildlife, plants, and other natural resources.''.
(d) Limitation on Authority.--Section 11 of the National
Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3710) is amended by inserting ``exclusive'' before
``authority''.
SEC. 108. MODIFICATION OF DEFINITION OF SPORT FISHING
EQUIPMENT UNDER TOXIC SUBSTANCES CONTROL ACT.
(a) Prohibition.--During the 5-year period beginning on the
date of enactment of this Act, the Administrator of the
Environmental Protection Agency shall not take any action to
regulate the lead content of sport fishing equipment or sport
fishing equipment components under the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.).
(b) Definition of Sport Fishing Equipment.--In this
section, the term ``sport fishing equipment'' means any sport
fishing equipment (as such term is defined in section 4162(a)
of the Internal Revenue Code of 1986) the sale of which is
subject to the tax imposed by section 4161(a) of such Code
(determined without regard to any exemptions from such tax
provided by section 4162 or 4221 or any other provision of
such Code).
SEC. 109. REAUTHORIZATION OF CHESAPEAKE BAY PROGRAM.
Section 117 of the Federal Water Pollution Control Act (33
U.S.C. 1267) is amended by striking subsection (j) and
inserting the following:
``(j) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) for fiscal year 2021, $90,000,000;
``(2) for fiscal year 2022, $90,500,000;
``(3) for fiscal year 2023, $91,000,000;
``(4) for fiscal year 2024, $91,500,000; and
``(5) for fiscal year 2025, $92,000,000.''.
SEC. 110. REAUTHORIZATION OF CHESAPEAKE BAY INITIATIVE ACT OF
1998.
Section 502(c) of the Chesapeake Bay Initiative Act of 1998
(Public Law 105-312) is amended by striking ``2019'' and
inserting ``2025''.
SEC. 111. CHESAPEAKE WATERSHED INVESTMENTS FOR LANDSCAPE
DEFENSE.
(a) Definitions.--In this section:
(1) Chesapeake bay agreements.--The term ``Chesapeake Bay
agreements'' means the formal, voluntary agreements--
(A) executed to achieve the goal of restoring and
protecting the Chesapeake Bay watershed ecosystem and the
living resources of the Chesapeake Bay watershed ecosystem;
and
(B) signed by the Chesapeake Executive Council.
(2) Chesapeake bay program.--The term ``Chesapeake Bay
program'' means the program directed by the Chesapeake
Executive Council in accordance with the Chesapeake Bay
agreements.
(3) Chesapeake bay watershed.--The term ``Chesapeake Bay
watershed'' means the region that covers--
(A) the Chesapeake Bay;
(B) the portions of the States of Delaware, Maryland, New
York, Pennsylvania, Virginia, and West Virginia that drain
into the Chesapeake Bay; and
(C) the District of Columbia.
(4) Chesapeake executive council.--The term ``Chesapeake
Executive Council'' means the council comprised of--
(A) the Governors of each of the States of Delaware,
Maryland, New York, Pennsylvania, Virginia, and West
Virginia;
(B) the Mayor of the District of Columbia;
(C) the Chair of the Chesapeake Bay Commission; and
(D) the Administrator of the Environmental Protection
Agency.
(5) Chesapeake wild program.--The term ``Chesapeake WILD
program'' means the nonregulatory program established by the
Secretary under subsection (b)(1).
(6) Grant program.--The term ``grant program'' means the
Chesapeake Watershed Investments for Landscape Defense grant
program established by the Secretary under subsection (c)(1).
(7) Restoration and protection activity.--The term
``restoration and protection activity'' means an activity
carried out for the conservation, stewardship, and
enhancement of habitat for fish and wildlife--
(A) to preserve and improve ecosystems and ecological
processes on which the fish and wildlife depend; and
(B) for use and enjoyment by the public.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service.
(b) Program Establishment.--
(1) 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 ``Chesapeake
Watershed Investments for Landscape Defense program''.
(2) Purposes.--The purposes of the Chesapeake WILD program
are--
(A) coordinating restoration and protection activities
among Federal, State, local, and regional entities and
conservation partners throughout the Chesapeake Bay
watershed;
(B) engaging other agencies and organizations to build a
broader range of partner support, capacity, and potential
funding for projects in the Chesapeake Bay watershed;
(C) carrying out coordinated restoration and protection
activities, and providing for technical assistance,
throughout the Chesapeake Bay watershed--
(i) to sustain and enhance restoration and protection
activities;
[[Page H5168]]
(ii) to improve and maintain water quality to support fish
and wildlife, habitats of fish and wildlife, and drinking
water for people;
(iii) to sustain and enhance water management for volume
and flood damage mitigation improvements to benefit fish and
wildlife habitat;
(iv) to improve opportunities for public access and
recreation in the Chesapeake Bay watershed consistent with
the ecological needs of fish and wildlife habitat;
(v) to facilitate strategic planning to maximize the
resilience of natural ecosystems and habitats under changing
watershed conditions;
(vi) to engage the public through outreach, education, and
citizen involvement to increase capacity and support for
coordinated restoration and protection activities in the
Chesapeake Bay watershed;
(vii) to sustain and enhance vulnerable communities and
fish and wildlife habitat;
(viii) to conserve and restore fish, wildlife, and plant
corridors; and
(ix) to increase scientific capacity to support the
planning, monitoring, and research activities necessary to
carry out coordinated restoration and protection activities.
(3) Duties.--In carrying out the Chesapeake WILD program,
the Secretary shall--
(A) draw on existing plans for the Chesapeake Bay
watershed, or portions of the Chesapeake Bay watershed,
including the Chesapeake Bay agreements, and work in
consultation with applicable management entities, including
Chesapeake Bay program partners, such as the Federal
Government, State and local governments, the Chesapeake Bay
Commission, and other regional organizations, as appropriate,
to identify, prioritize, and implement restoration and
protection activities within the Chesapeake Bay watershed;
(B) adopt a Chesapeake Bay watershed-wide strategy that--
(i) supports the implementation of a shared set of science-
based restoration and protection activities developed in
accordance with subparagraph (A); and
(ii) targets cost-effective projects with measurable
results; and
(C) establish the grant program in accordance with
subsection (c).
(4) Coordination.--In establishing the Chesapeake WILD
program, the Secretary shall consult, as appropriate, with--
(A) the heads of Federal agencies, including--
(i) the Administrator of the Environmental Protection
Agency;
(ii) the Administrator of the National Oceanic and
Atmospheric Administration;
(iii) the Chief of the Natural Resources Conservation
Service;
(iv) the Chief of Engineers;
(v) the Director of the United States Geological Survey;
(vi) the Secretary of Transportation;
(vii) the Chief of the Forest Service; and
(viii) the head of any other applicable agency;
(B) the Governors of each of the States of Delaware,
Maryland, New York, Pennsylvania, Virginia, and West Virginia
and the Mayor of the District of Columbia;
(C) fish and wildlife joint venture partnerships; and
(D) other public agencies and organizations with authority
for the planning and implementation of conservation
strategies in the Chesapeake Bay watershed.
(c) Grants and Technical Assistance.--
(1) Chesapeake wild grant program.--To the extent that
funds are made available to carry out this subsection, the
Secretary shall establish and carry out, as part of the
Chesapeake WILD program, a voluntary grant and technical
assistance program, to be known as the ``Chesapeake Watershed
Investments for Landscape Defense grant program'', to provide
competitive matching grants of varying amounts and technical
assistance to eligible entities described in paragraph (2) to
carry out activities described in subsection (b)(2).
(2) Eligible entities.--The following entities are eligible
to receive a grant and technical assistance under the grant
program:
(A) A State.
(B) The District of Columbia.
(C) A unit of local government.
(D) A nonprofit organization.
(E) An institution of higher education as such term is
defined in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
(F) Any other entity that the Secretary determines to be
appropriate in accordance with the criteria established under
paragraph (3).
(3) Criteria.--The Secretary, in consultation with
officials and entities described in subsection (b)(4), shall
establish criteria for the grant program to help ensure that
activities funded under this subsection--
(A) accomplish 1 or more of the purposes described in
subsection (b)(2); and
(B) advance the implementation of priority actions or needs
identified in the Chesapeake Bay watershed-wide strategy
adopted under subsection (b)(3)(B).
(4) Cost sharing.--
(A) Department of the interior share.--The Department of
the Interior share of the cost of a project funded under the
grant program shall not exceed 50 percent of the total cost
of the project, as determined by the Secretary.
(B) Non-department of the interior share.--
(i) In general.--The non-Department of the Interior share
of the cost of a project funded under the grant program may
be provided in cash or in the form of an in-kind contribution
of services or materials.
(ii) Other federal funding.--Non-Department of the Interior
Federal funds may be used for not more than 25 percent of the
total cost of a project funded under the grant program.
(5) Administration.--The Secretary may enter into an
agreement to manage the grant program with an organization
that offers grant management services.
(d) Reporting.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report describing the
implementation of this section, including a description of
each project that has received funding under this section.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $15,000,000 for each of fiscal years
2021 through 2025.
(2) Supplement, not supplant.--Funds made available under
paragraph (1) shall supplement, and not supplant, funding for
other activities conducted by the Secretary in the Chesapeake
Bay watershed.
TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS
SEC. 201. PURPOSE.
The purpose of this title is to encourage partnerships
among public agencies and other interested persons to promote
fish conservation--
(1) to achieve measurable habitat conservation results
through strategic actions of Fish Habitat Partnerships that
lead to better fish habitat conditions and increased fishing
opportunities by--
(A) improving ecological conditions;
(B) restoring natural processes; or
(C) preventing the decline of intact and healthy systems;
(2) to establish a consensus set of national conservation
strategies as a framework to guide future actions and
investment by Fish Habitat Partnerships;
(3) to broaden the community of support for fish habitat
conservation by--
(A) increasing fishing opportunities;
(B) fostering the participation of local communities,
especially young people in local communities, in conservation
activities; and
(C) raising public awareness of the role healthy fish
habitat play in the quality of life and economic well-being
of local communities;
(4) to fill gaps in the National Fish Habitat Assessment
and the associated database of the National Fish Habitat
Assessment--
(A) to empower strategic conservation actions supported by
broadly available scientific information; and
(B) to integrate socioeconomic data in the analysis to
improve the lives of humans in a manner consistent with fish
habitat conservation goals; and
(5) to communicate to the public and conservation
partners--
(A) the conservation outcomes produced collectively by Fish
Habitat Partnerships; and
(B) new opportunities and voluntary approaches for
conserving fish habitat.
SEC. 202. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and Transportation
and the Committee on Environment and Public Works of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Board.--The term ``Board'' means the National Fish
Habitat Board established by section 203.
(3) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(4) Environmental protection agency assistant
administrator.--The term ``Environmental Protection Agency
Assistant Administrator'' means the Assistant Administrator
for Water of the Environmental Protection Agency.
(5) Indian tribe.--The term ``Indian Tribe'' has the
meaning given to the term ``Indian tribe'' in section 4 of
the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304).
(6) National oceanic and atmospheric administration
assistant administrator.--The term ``National Oceanic and
Atmospheric Administration Assistant Administrator'' means
the Assistant Administrator for Fisheries of the National
Oceanic and Atmospheric Administration.
(7) Partnership.--The term ``Partnership'' means an entity
designated by Congress as a Fish Habitat Partnership under
section 204.
(8) Real property interest.--The term ``real property
interest'' means an ownership interest in--
(A) land; or
(B) water (including water rights).
(9) Marine fisheries commissions.--The term ``Marine
Fisheries Commissions'' means--
(A) the Atlantic States Marine Fisheries Commission;
(B) the Gulf States Marine Fisheries Commission; and
(C) the Pacific States Marine Commission.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
[[Page H5169]]
(11) State.--The term ``State'' means each of the several
States, Puerto Rico, American Samoa, Guam, the Northern
Mariana Islands, the United States Virgin Islands, and the
District of Columbia.
(12) State agency.--The term ``State agency'' means--
(A) the fish and wildlife agency of a State; and
(B) any department or division of a department or agency of
a State that manages in the public trust the inland or marine
fishery resources of the State or sustains the habitat for
those fishery resources pursuant to State law or the
constitution of the State.
SEC. 203. NATIONAL FISH HABITAT BOARD.
(a) Establishment.--
(1) Fish habitat board.--There is established a board, to
be known as the ``National Fish Habitat Board'', whose duties
are--
(A) to promote, oversee, and coordinate the implementation
of this title;
(B) to establish national goals and priorities for fish
habitat conservation;
(C) to recommend to Congress entities for designation as
Partnerships; and
(D) to review and make recommendations regarding fish
habitat conservation projects.
(2) Membership.--The Board shall be composed of 26 members,
of whom--
(A) 1 shall be a representative of the Department of the
Interior;
(B) 1 shall be a representative of the United States
Geological Survey;
(C) 1 shall be a representative of the Department of
Commerce;
(D) 1 shall be a representative of the Department of
Agriculture;
(E) 1 shall be a representative of the Association of Fish
and Wildlife Agencies;
(F) 4 shall be representatives of State agencies, 1 of whom
shall be nominated by a regional association of fish and
wildlife agencies from each of the Northeast, Southeast,
Midwest, and Western regions of the United States;
(G) 2 shall be representatives of either--
(i) Indian Tribes in the State of Alaska; or
(ii) Indian Tribes in States other than the State of
Alaska;
(H) 1 shall be a representative of either--
(i) the Regional Fishery Management Councils established
under section 302 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852); or
(ii) a representative of the Marine Fisheries Commissions;
(I) 1 shall be a representative of the Sport Fishing and
Boating Partnership Council;
(J) 7 shall be representatives selected from at least one
from each of the following:
(i) the recreational sportfishing industry;
(ii) the commercial fishing industry;
(iii) marine recreational anglers;
(iv) freshwater recreational anglers;
(v) habitat conservation organizations; and
(vi) science-based fishery organizations;
(K) 1 shall be a representative of a national private
landowner organization;
(L) 1 shall be a representative of an agricultural
production organization;
(M) 1 shall be a representative of local government
interests involved in fish habitat restoration;
(N) 2 shall be representatives from different sectors of
corporate industries, which may include--
(i) natural resource commodity interests, such as petroleum
or mineral extraction;
(ii) natural resource user industries; and
(iii) industries with an interest in fish and fish habitat
conservation; and
(O) 1 shall be an individual in a leadership position in
the private sector or landowner representative of an active
partnership.
(3) Compensation.--A member of the Board shall serve
without compensation.
(4) Travel expenses.--A member of the Board may be allowed
travel expenses, including per diem in lieu of subsistence,
at rates authorized for an employee of an agency under
subchapter I of chapter 57 of title 5, United States Code,
while away from the home or regular place of business of the
member in the performance of the duties of the Board.
(b) Appointment and Terms.--
(1) In general.--Except as otherwise provided in this
section, a member of the Board described in any of
subparagraphs (F) through (O) of subsection (a)(2) shall
serve for a term of 3 years.
(2) Initial board membership.--
(A) In general.--The initial Board shall consist of
representatives as described in subparagraphs (A) through (F)
of subsection (a)(2).
(B) Remaining members.--Not later than 60 days after the
date of enactment of this Act, the representatives of the
initial Board under subparagraph (A) shall appoint the
remaining members of the Board described in subparagraphs (H)
through (O) of subsection (a)(2).
(C) Tribal representatives.--Not later than 60 days after
the enactment of this Act, the Secretary shall provide to the
Board a recommendation of not fewer than three Tribal
representatives, from which the Board shall appoint one
representative pursuant to subparagraph (G) of subsection
(a)(2).
(3) Staggered terms.--Of the members described in
subsection (a)(2)(J) initially appointed to the Board--
(A) two shall be appointed for a term of 1 year;
(B) two shall be appointed for a term of 2 years; and
(C) three shall be appointed for a term of 3 years.
(4) Vacancies.--
(A) In general.--A vacancy of a member of the Board
described in subparagraph (H), (I), (J), (K), (L), (M), (N),
or (O) of subsection (a)(2) shall be filled by an appointment
made by the remaining members of the Board.
(B) Tribal representatives.--Following a vacancy of a
member of the Board described in subparagraph (G) of
subsection (a)(2), the Secretary shall recommend to the Board
a list of not fewer than three Tribal representatives, from
which the remaining members of the Board shall appoint a
representative to fill the vacancy.
(5) Continuation of service.--An individual whose term of
service as a member of the Board expires may continue to
serve on the Board until a successor is appointed.
(6) Removal.--If a member of the Board described in any of
subparagraphs (H) through (O) of subparagraph (a)(2) misses
three consecutive regularly scheduled Board meetings, the
members of the Board may--
(A) vote to remove that member; and
(B) appoint another individual in accordance with paragraph
(4).
(c) Chairperson.--
(1) In general.--The representative of the Association of
Fish and Wildlife Agencies appointed under subsection
(a)(2)(E) shall serve as Chairperson of the Board.
(2) Term.--The Chairperson of the Board shall serve for a
term of 3 years.
(d) Meetings.--
(1) In general.--The Board shall meet--
(A) at the call of the Chairperson; but
(B) not less frequently than twice each calendar year.
(2) Public access.--All meetings of the Board shall be open
to the public.
(e) Procedures.--
(1) In general.--The Board shall establish procedures to
carry out the business of the Board, including--
(A) a requirement that a quorum of the members of the Board
be present to transact business;
(B) a requirement that no recommendations may be adopted by
the Board, except by the vote of two-thirds of all members;
(C) procedures for establishing national goals and
priorities for fish habitat conservation for the purposes of
this title;
(D) procedures for designating Partnerships under section
204; and
(E) procedures for reviewing, evaluating, and making
recommendations regarding fish habitat conservation projects.
(2) Quorum.--A majority of the members of the Board shall
constitute a quorum.
SEC. 204. FISH HABITAT PARTNERSHIPS.
(a) Authority To Recommend.--The Board may recommend to
Congress the designation of Fish Habitat Partnerships in
accordance with this section.
(b) Purposes.--The purposes of a Partnership shall be--
(1) to work with other regional habitat conservation
programs to promote cooperation and coordination to enhance
fish populations and fish habitats;
(2) to engage local and regional communities to build
support for fish habitat conservation;
(3) to involve diverse groups of public and private
partners;
(4) to develop collaboratively a strategic vision and
achievable implementation plan that is scientifically sound;
(5) to leverage funding from sources that support local and
regional partnerships;
(6) to use adaptive management principles, including
evaluation of project success and functionality;
(7) to develop appropriate local or regional habitat
evaluation and assessment measures and criteria that are
compatible with national habitat condition measures; and
(8) to implement local and regional priority projects that
improve conditions for fish and fish habitat.
(c) Criteria for Designation.--An entity seeking to be
designated by Congress as a Partnership shall--
(1) submit to the Board an application at such time, in
such manner, and containing such information as the Board may
reasonably require; and
(2) demonstrate to the Board that the entity has--
(A) a focus on promoting the health of important fish and
fish habitats;
(B) an ability to coordinate the implementation of priority
projects that support the goals and national priorities set
by the Board that are within the Partnership boundary;
(C) a self-governance structure that supports the
implementation of strategic priorities for fish habitat;
(D) the ability to develop local and regional relationships
with a broad range of entities to further strategic
priorities for fish and fish habitat;
(E) a strategic plan that details required investments for
fish habitat conservation that addresses the strategic fish
habitat priorities of the Partnership and supports and meets
the strategic priorities of the Board;
(F) the ability to develop and implement fish habitat
conservation projects that address strategic priorities of
the Partnership and the Board; and
(G) the ability to develop fish habitat conservation
priorities based on sound science and data, the ability to
measure the effectiveness of fish habitat projects of the
Partnership, and a clear plan as to how Partnership science
and data components will be integrated with the overall Board
science and data effort.
[[Page H5170]]
(d) Requirements for Recommendation to Congress.--The Board
may recommend to Congress for designation an application for
a Partnership submitted under subsection (c) if the Board
determines that the applicant--
(1) meets the criteria described in subsection (c)(2);
(2) identifies representatives to provide support and
technical assistance to the Partnership from a diverse group
of public and private partners, which may include State or
local governments, nonprofit entities, Indian Tribes, and
private individuals, that 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 important fish
species and important fish habitats, including reservoirs,
natural lakes, coastal and marine environments, coral reefs,
and estuaries;
(4) identifies strategic fish and fish habitat priorities
for the Partnership area in the form of geographical 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
(8) promotes collaboration in developing a strategic vision
and implementation program that is scientifically 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 enactment of this Act
and each February 1 thereafter, the Board shall develop and
submit to the appropriate congressional committees an annual
report, to be entitled ``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
(ii) how the recommended Partnership fulfills the
requirements described in subsection (d).
(2) Public availability; notification.--The Board shall--
(A) make the report publicly available, including 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 Partnership.--Congress
shall have the exclusive authority to designate 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 subsection (f).
(2) Ineligibility for federal funds.--A partnership
referred to in paragraph (1) that Congress does not designate
as described in that paragraph 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 recommended 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 includes a
description, including estimated costs, of each project that
the Board recommends that the Secretary approve and fund
under this title for the following fiscal year.
(c) Criteria for Project Selection.--The Board shall select
each fish habitat conservation project recommended to the
Secretary under subsection (b) after taking into
consideration, at a minimum, the following information:
(1) A recommendation of the Partnership that is, or will
be, participating actively in implementing the fish habitat
conservation project.
(2) The capabilities and experience of project proponents
to implement successfully the proposed project.
(3) The extent to which the fish habitat conservation
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 established by the
Board;
(C) is supported by the findings of the habitat assessment
of the Partnership or the Board, and aligns or is compatible
with other conservation plans;
(D) identifies appropriate monitoring and evaluation
measures and criteria that are compatible 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 behind the decline
of fish or fish habitats; and
(H) includes an outreach or education component that
includes the local or regional community.
(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 conservation
project--
(A) will increase fish populations in a manner that leads
to recreational fishing opportunities for the public;
(B) will be carried out through a cooperative 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 opportunities;
(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 conservation of fish
and fish habitats under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) and
other relevant Federal law and State wildlife action plans;
and
(F) promotes strong and healthy fish habitats so that
desired biological communities are able to persist and adapt.
(6) The substantiality of the character and design of the
fish habitat conservation project.
(d) Limitations.--
(1) Requirements for evaluation.--No fish habitat
conservation project may be recommended by the Board under
subsection (b) or provided financial assistance under this
title unless the fish habitat conservation project includes
an evaluation plan designed using applicable Board guidance--
(A) to appropriately assess the biological, ecological, or
other results of the habitat protection, restoration, or
enhancement activities carried out using the assistance;
(B) to reflect appropriate changes to the fish habitat
conservation project if the assessment substantiates that the
fish habitat conservation project objectives are not being
met;
(C) to identify improvements to existing fish populations,
recreational fishing opportunities, 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 assessment.
(2) Acquisition authorities.--
(A) In general.--A State, local government, or other non-
Federal entity is eligible to receive funds for the
acquisition of real property from willing sellers under this
title if the acquisition ensures--
(i) public access for fish and wildlife-dependent
recreation; or
(ii) a scientifically based, direct enhancement to the
health of fish and fish populations, as determined by the
Board.
(B) State agency approval.--
(i) In general.--All real property interest acquisition
projects funded under this title must be approved by the
State agency in the State in which the project is occurring.
(ii) Prohibition.--The Board may not recommend, and the
Secretary may not provide any funding for, any real property
interest acquisition that has not been approved by the State
agency.
(C) Assessment of other authorities.--The Board may not
recommend, and the Secretary may not provide any funding
under this title for, any real property interest acquisition
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 interest may not be
acquired pursuant to a fish habitat conservation project by a
State, local government, or other non-Federal entity
conducted with funds provided under this title, unless--
(i) the owner of the real property authorizes the State,
local government, or other non-Federal entity to acquire the
real property; and
(ii) the Secretary and the Board determine that the State,
local government, or other non-Federal entity would benefit
from 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 paragraphs (2) and
(4), no fish habitat conservation project may be recommended
by the Board under subsection (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.
[[Page H5171]]
(2) Non-federal share.--Such non-Federal share of the cost
of a fish habitat conservation project--
(A) may not be derived from another Federal grant program;
and
(B) may include in-kind contributions and cash.
(3) Special rule for indian tribes.--Notwithstanding
paragraph (1) or any other provision of law, any funds made
available to an Indian Tribe pursuant to this title may be
considered to be non-Federal funds for the purpose of
paragraph (1).
(4) Waiver authority.--The Secretary, in consultation with
the Secretary of Commerce with respect to marine or estuarine
projects, may waive the application 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 required 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 program 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
conservation 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.
(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 appropriate 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 Administrator, and
the Director of the United States Geological Survey, in
coordination with the Forest Service and other appropriate
Federal departments and agencies, may provide 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 development and
implementation of Partnerships;
(2) providing technical and scientific assistance to
Partnerships for habitat assessment, strategic planning, and
prioritization;
(3) supporting the development and implementation of fish
habitat conservation projects that are identified as high
priorities by Partnerships and the Board;
(4) supporting and providing recommendations regarding the
development of science-based monitoring and assessment
approaches for implementation through Partnerships;
(5) supporting and providing recommendations for a national
fish habitat assessment;
(6) ensuring the availability of experts to assist in
conducting scientifically based evaluation and reporting of
the results of fish habitat conservation projects; and
(7) providing resources to secure State agency scientific
and technical assistance to support Partnerships,
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
applicable, of each State and Indian Tribe within the
boundaries of which an activity is planned to be carried out
pursuant to this title, including notification, by not later
than 30 days before the date on which the activity is
implemented.
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
cooperation with the National Oceanic and Atmospheric
Administration 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 describes--
(1) the functional, operational, technical, scientific, and
general staff, administrative, and material 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.--
(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 measures of fish habitat, that
was maintained or improved by Partnerships under this title
during the 5-year period ending on the date of submission 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 opportunities for public
recreational fishing achieved under this title; and
(D) an assessment of the status of fish habitat
conservation projects carried out with funds provided under
this title during that period, disaggregated by year,
including--
(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 Secretary under section 205(f), in
order of priority for funding;
(iii) a justification for--
(I) the approval of each fish habitat conservation project;
and
(II) the order of priority for funding of each fish habitat
conservation project;
(iv) a justification for any rejection of a fish habitat
conservation project recommended 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.
(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 Partnerships; 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 pursuant 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.
(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 available through section
212.
(c) State Authority.--Nothing in this title--
(1) affects the authority, jurisdiction, or responsibility
of a State to manage, control, or regulate fish and wildlife
under the laws and regulations of the State; or
(2) authorizes the Secretary to control or regulate within
a State the fishing or hunting of fish and wildlife.
(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 pursuant to
subsection (a), (b), or (c) of section 208 of the Departments
of State, Justice, Commerce, and The Judiciary Appropriation
Act, 1953 (43 U.S.C. 666).
(f) Department of Commerce Authority.--Nothing in this
title affects the authority, jurisdiction, or responsibility
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 interest, respectively.
(2) Mitigation.--Nothing in this title authorizes 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.);
[[Page H5172]]
(C) the Water Resources Development Act of 1986 (Public Law
99-662; 100 Stat. 4082); or
(D) any other Federal law or court settlement.
(3) Clean water act.--Nothing in this title affects 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 COMMITTEE 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 Secretary $7,200,000 for
each of fiscal years 2021 through 2025 to provide funds for
fish habitat conservation projects approved under section
205(f), of which 5 percent is authorized only for projects
carried out by Indian Tribes.
(2) Administrative and planning expenses.--There is
authorized to be appropriated to the Secretary for each of
fiscal years 2021 through 2025 an amount equal to 5 percent
of the amount appropriated for the applicable fiscal year
pursuant to paragraph (1)--
(A) for administrative and planning expenses under this
title; and
(B) to carry out section 209.
(3) Technical and scientific assistance.--There is
authorized to be appropriated for each of fiscal years 2021
through 2025 to carry out, and provide 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 Administrator for use by the
National Oceanic and Atmospheric Administration;
(C) $400,000 to the Environmental Protection 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
(E) $400,000 to the Secretary of Agriculture, 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 Assistance Management Improvement Act
of 1999 (31 U.S.C. 6101 note; Public Law 106-107), enter into
a grant agreement, cooperative agreement, or contract with a
Partnership or other entity 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 availability of
appropriations, use a grant from any individual 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 department or agency to
provide grants for any fish habitat protection project,
restoration project, or enhancement project that the
Secretary determines to be consistent with this title.
(c) Donations.--
(1) In general.--The Secretary may--
(A) enter into an agreement with any organization described
in section 501(c)(3) of the Internal Revenue Code of 1986
that is exempt from taxation under section 501(a) of that
Code to solicit private donations to carry out the purposes
of this 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 bequest to, or
otherwise for the use of, the United States; and
(B) may be--
(i) used directly by the Secretary; or
(ii) provided to another Federal department or agency
through an interagency agreement.
SEC. 213. PROHIBITION AGAINST IMPLEMENTATION OF REGULATORY
AUTHORITY BY FEDERAL AGENCIES THROUGH
PARTNERSHIPS.
Any Partnership designated under this title--
(1) shall be for the sole purpose of promoting fish
conservation; and
(2) shall not be used to implement any regulatory authority
of any Federal agency.
TITLE III--MISCELLANEOUS
SEC. 301. 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
conservation activities under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), the Secretaries shall carry
out a study--
(1)(A) to review any factors that threaten or endanger a
species, such as wildlife disease, for which a listing under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
would not contribute to the conservation of the species; and
(B) to identify additional conservation measures that can
be taken to protect and conserve a species described in
subparagraph (A);
(2) to review any barriers to--
(A) the delivery of Federal, State, local, or private funds
for such conservation activities, including statutory or
regulatory impediments, staffing needs, and other relevant
considerations; or
(B) the implementation of conservation agreements, plans,
or other cooperative agreements, including agreements focused
on voluntary 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 methods to address
barriers identified under paragraph (2), if any;
(5) to review determinations under the Endangered 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 Service, 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
(6) to review any determinations under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) in which a
species has been identified as needing listing or uplisting
under that Act but remains unlisted or listed as a threatened
species, respectively, including--
(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 Public Works
of the Senate and the Committees on Appropriations and
Natural Resources of the House of Representatives and make
publicly available a report describing the results of the
study under subsection (b).
SEC. 302. 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 (referred to in this section as
the ``Comptroller General''), to facilitate the preparation
of the reports 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 describes the amounts expended or disbursed
(including through loans, loan guarantees, grants, or any
other financing mechanism) by the department or agency as a
direct result of any provision 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 preceding the date of submission of the
report; and
(ii) with respect to the second report under paragraph (2),
the 2 fiscal years preceding the date of submission of the
report.
(B) Requirements.--Data and other relevant information
submitted under subparagraph (A) shall describe, with respect
to the applicable amounts--
(i) the programmatic office of the department or agency on
behalf of which each amount was expended or disbursed;
(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 Committees 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
Representatives a report that describes--
(A) the aggregate amount expended or disbursed by all
Federal departments and agencies as a direct result of any
provision 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, the 3 fiscal years
preceding the date of submission of the report; and
(ii) with respect to the second report, the 2 fiscal years
preceding the date of submission of the report;
(B) 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 such amount was expended or
disbursed; and
[[Page H5173]]
(C) with respect to each relevant department or agency--
(i) the total amount expended or disbursed by the
department or agency as described 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 facilitate the preparation of
the report under paragraph (2), the head of each Federal
department and agency shall submit to the Comptroller General
data and other relevant information that describes the
conservation 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.) (including 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 Committees 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 species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.), as reported under
paragraph (1), during--
(i) with respect to the first report, the 3 fiscal years
preceding the date of submission of the report; and
(ii) with respect to the second report, the 2 fiscal years
preceding the date of submission 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 associated with the
conservation activities; and
(D) as applicable, describes the conservation activities
that required interaction between Federal agencies and
between Federal agencies and State and Tribal agencies and
units of local government pursuant to the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
SEC. 303. 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:
``SEC. 13. VALUE OF LAND.
``Notwithstanding any other provision of law, any
institution eligible to receive Federal funds under the
Agricultural 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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Michigan (Mrs. Dingell) and the gentleman from Virginia (Mr. Wittman)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Michigan.
General Leave
Mrs. DINGELL. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the measure under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Michigan?
There was no objection.
Mrs. DINGELL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of S. 3051, America's Conservation
Enhancement Act.
This bill is an example of Democrats and Republicans coming together
to pass legislation to benefit nature, fishermen, hunters, and nature
enthusiasts of all kinds.
Mr. Speaker, I thank and commend my colleagues from both sides of the
aisle and the Hill for their hard work on this very important piece of
legislation.
I am greatly appreciative of Representative Mike Thompson for his
leadership in the House and for Senators Barrasso and Carper for
getting this package through the Senate.
Mr. Speaker, I also commend the numerous bipartisan Members of
Congress for their critical contributions to this legislation.
The ACE Act could not come at a more necessary time, as we are
reckoning with the tragic and dangerous impacts of the climate crisis.
Scientists around the world are sounding the alarm that we are on the
cusp of an extinction crisis caused by human impacts. The ACE Act
protects and enhances wildlife and habitat throughout the country, and
reduces conflicts between wildlife, humans, and livestock.
According to the Intergovernmental Science-Policy Platform on
Biodiversity and Ecosystem Services, three-quarters of the terrestrial
environment and about two-thirds of the marine environment have been
significantly altered by human actions.
Protecting habitat is one of the most important things we can do for
biodiversity and climate resiliency, and this bill accomplishes that in
several ways.
It conserves wetlands by reauthorizing the popular and successful
North American Wetlands Conservation Act.
It protects the largest estuary in the country, the Chesapeake Bay,
by creating and reauthorizing several programs that restore the Bay and
promote its resilience to climate change.
It also authorizes an innovative program called the National Fish
Habitat Partnership, which leverages public-private partnerships to
enhance fish habitat across the country, benefiting not only the fish,
but the strong tradition of angling in this country.
Hunters, who are some of our best conservationists in this country,
will be pleased to hear that this legislation contains provisions to
combat chronic wasting disease, or CWD, a fatal disease that impacts
animals like deer, elk, and moose, and which is spreading and has now
been found in 26 States across this country.
Invasive species are also a growing threat to biodiversity throughout
the United States, and they are managed by a multitude of agencies.
Crucially, this bill addresses this issue by requiring Federal agencies
to consult with one another and with stakeholders when developing
strategic plans for invasive species.
The ACE Act also contains a bipartisan provision that I worked on
with my colleague, Congressman Don Young, for a long-term
reauthorization of the National Fish and Wildlife Foundation. This
strong, bipartisan program has a track record of success, and will
continue to play a vital role in safeguarding our environmental legacy.
Finally, the ACE Act addresses conflicts between wildlife, livestock,
and humans. The legislation creates a prize competition to spur
innovations that reduce conflicts between humans and predator species.
It also addresses losses of livestock due to depredation by federally-
protected species.
With the ever-encroaching human footprint, there will inevitably be
more conflicts between us and wildlife, and these provisions offer a
responsible pathway forward.
During the pandemic, so many Americans have found respite in nature.
Whether you are a hiker, an angler, a hunter, a bird-watcher, or just a
wildlife enthusiast, it is so important that we protect the iconic
wildlife and habitat across our Nation. Particularly in the face of the
climate crisis, the time to act is now.
Mr. Speaker, I urge my colleagues to vote ``yes'' on this legislation
to protect species and habitat.
Mr. Speaker, I reserve the balance of my time.
Mr. WITTMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of S. 3051, America's
Conservation Enhancement Act.
It is an incredible honor to manage this suspension debate for the
ACE Act, arguably one of the most important pieces of environmental
legislation for the Chesapeake Bay, national wetlands, and fish habitat
in years.
This bipartisan package of conservation and resource protection
policies will have tremendous benefits for both our environment and
individuals for years to come.
The ACE Act is a once-in-a-generation advancement to clean up the
Chesapeake Bay and protect and conserve natural resources across
America. The Chesapeake Bay is a national treasure, and the ACE Act
provides additional resources and extends critical conservation
programs that preserve wetlands, reduce pollution, and increase
recreational opportunities both in the Commonwealth of Virginia and
across our great United States.
{time} 1500
Title I of this bill includes important reauthorizations for programs
such as
[[Page H5174]]
the North American Wetlands Conservation Act, the National Fish and
Wildlife Foundation Establishment Act, the Chesapeake Bay Program, the
Chesapeake Bay Initiative Act of 1998.
These are all very important programs, not only to the folks back
home in my district, but to all Americans who wish to have clean air to
breathe, clean water to drink, and an overall healthier environment
where our fish and wildlife populations are sustainable and thriving.
This bill also includes initiatives important to sportsmen, such as
the establishment of a chronic wasting disease task force with the goal
of researching this dangerous threat to white-tailed deer, mule deer,
elk populations, and moose populations.
This bill also has some practical solutions to offer farmers and
ranchers vital tools to help manage their herds and protect them from
predation.
Title II is a provision I am especially proud of and glad that we are
advancing through the House and on to the President's desk for his
signature. This includes the National Fish Habitat Conservation Through
Partnerships provision, a bill that I championed. This title
establishes a national fish habitat board that supports a successful
public-private partnership to restore fish habitat.
I would like to thank the ranking member of the Natural Resources
Committee, Rob Bishop, and the ranking member of the Subcommittee on
Water, Oceans, and Wildlife, Tom McClintock.
I would also like to thank all of my colleagues on the other side of
the aisle for their ceaseless efforts and commitment to making sure we
do everything we can to conserve, protect, and enhance the resources
that we are in charge of taking care of.
I look forward to continuing to advance other important provisions,
but this bill, hopefully, will be on its way to the President's desk.
As co-chair of the Chesapeake Bay Watershed Task Force, I would
specifically like to acknowledge my friends and colleagues in the bay
delegation who have labored so hard for so long to help clean up our
great Chesapeake Bay.
Representative Bobby Scott, Representative John Sarbanes, and
Representative Andy Harris and I are proud to see the passage of
these important provisions to protect the Chesapeake Bay.
Mr. Speaker, the American Conservation Enhancement Act does much to
advance our bipartisan goals of conserving fish and wildlife
populations and preserving the environment for the enjoyment of untold
future generations of Americans.
The ACE Act will also give Americans increased opportunities to get
out and enjoy the natural beauty and wildlife in our country, from the
Gulf Coast to the Great Lakes, from Puget Sound to the Chesapeake Bay.
I urge adoption of the measure, and I reserve the balance of my time.
Mrs. DINGELL. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Virginia (Mrs. Luria).
Mrs. LURIA. Mr. Speaker, I rise today in support of America's
Conservation Enhancement Act and the inclusion of my bill, the
Chesapeake Bay Program Reauthorization Act.
As my colleague, Mrs. Dingell, said, this is truly an example of a
bipartisan bill where we have been able to work across the aisle and
across the bay, and I would like to thank my colleague, Mr. Wittman
from Virginia, as well for his strong cooperation on this program.
The Chesapeake Bay is a national treasure, and its health is critical
to the environmental and economic well-being of coastal Virginia and
beyond. The Chesapeake Bay generates $33 billion in economic value
annually and is home to spectacular natural beauty and ecological
diversity.
The EPA's Chesapeake Bay Program coordinates regional conservation
efforts and supports the work of States in meeting their restoration
commitments under the Chesapeake Bay Watershed Agreement. Funding for
the bay program goes directly to localities to improve conservation
efforts. However, Congress has not reauthorized this program since
2005.
By passing the ACE Act and, simultaneously, my bill, Congress will
reaffirm that all States in the watershed and the EPA must work
together to achieve these restoration goals. This includes ensuring
that all States have plans in place enabling them to achieve these
goals.
I want to thank my colleagues in the House and the Senate who worked
hard to secure the passage of this bill.
Again, I would like to thank Mr. Wittman, my colleague, Congressman
Bobby Scott from Virginia, as well as Mr. Sarbanes from Maryland for
being initial cosponsors on this bill. I urge all Members to support
America's Conservation Enhancement Act.
Mr. WITTMAN. Mr. Speaker, I yield myself such time as I may consume.
I would like to reflect upon the words of Representative Luria. This
really is a true bipartisan bill.
I would like to thank not just the colleagues on the other side of
the aisle but those colleagues from all of our States, Representative
Luria, the rest of the Virginia delegation. As I talked about the folks
from the Chesapeake Bay delegation, everybody has an interest in this
bill. It is an extraordinary effort across many, many different areas
where there is common interest, and it is a great example of what we
can get done when we are willing to focus on things we have in common
rather than those places where we have differences.
The one thing we do have in common is the great treasures that have
been bestowed upon us by our Creator and our obligation, as humanity,
to protect and to enhance those resources, not only now, but for
generations to come.
Mr. Speaker, I reserve the balance of my time.
Mrs. DINGELL. Mr. Speaker, I yield 2 minutes to the gentleman from
Maryland (Mr. Sarbanes).
Mr. SARBANES. Mr. Speaker, I rise today in support of S. 3051,
America's Conservation Enhancement, or ACE, Act.
I just want to thank Congressman Wittman for all his work. We
partnered together, as he indicated, on the Chesapeake Bay Watershed
Task Force with Congressman Harris and Congressman Scott.
I want to salute the efforts of Congresswoman Luria in introducing
and authoring the Chesapeake Bay Program Reauthorization Act, which I
was proud to cosponsor.
This is an exciting day. This bill has taken a winding road, as these
things do. But we are close to the finish line here, and we look
forward to passage of the bill. It is bipartisan. It is bicameral.
We conserve and protect fish and wildlife habitat, support outdoor
recreation, and combat invasive species, as we have heard. It includes
several bipartisan provisions that will protect the long-term health of
the Chesapeake Bay, specifically, as I indicated, two bills: one, the
Chesapeake Bay Program Reauthorization Act, and another one, the
Chesapeake Watershed Investments for Landscape Defense Act, or
Chesapeake WILD Act, which would establish a grant program to bolster
habitat restoration and protection throughout the watershed.
It also includes a bill I was proud to introduce, the Chesapeake Bay
Gateways and Watertrails Network Reauthorization Act, which would
expand recreational opportunities for millions of Marylanders and bay
watershed residents across the region.
It is comprehensive. It will significantly boost the health of the
bay and ensure that it remains an environmental treasure and an
economic driver for years to come.
As Congressman Wittman said, we have worked together on the
Chesapeake Bay Watershed Task Force, and through that task force, we
have pulled together real bipartisan support for this effort.
As the largest estuary in the U.S., the Chesapeake Bay is an
important ecosystem, a model for restoration efforts throughout the
country. That is, in large part, due to our successful bipartisan work
at the Federal, State, and local levels.
I would like to thank Chair Grijalva, our House leadership, and their
staffs for their work to negotiate a bipartisan and bicameral
environmental conservation package.
I urge my colleagues to vote in favor of this important legislation
so that our Nation's natural habitats and scenic landscapes, like the
Chesapeake Bay, can be enjoyed for generations to come.
[[Page H5175]]
Mr. WITTMAN. Mr. Speaker, I reserve the balance of my time.
Mrs. DINGELL. Mr. Speaker, I yield 2 minutes to the gentleman from
South Carolina (Mr. Cunningham).
Mr. CUNNINGHAM. Mr. Speaker, when I came to Washington, I promised
that I would help to champion legislation that would make this planet a
better place for future generations, and that is why I am proud the ACE
Act will be signed into law.
The ACE Act is a bipartisan sportsmen's package that ensures that we
leave this planet in better shape than we found it.
The ACE Act serves as a thank-you to the outdoor enthusiasts of South
Carolina's First District, and the millions like them across the United
States, by providing reauthorizations for vital conservation programs.
The Lowcountry's hunters and anglers are some of the strongest stewards
of our natural resources, and this bill is a promise that this
partnership will continue for generations.
I want to thank Representative Mike Thompson for his leadership. I
look forward to working with my colleagues on both sides of the aisle
to get the ACE Act past the House and signed into law.
Mr. WITTMAN. Mr. Speaker, I yield myself the balance of my time, and
I will close quickly.
I would like to thank my colleague, Representative Dingell, for all
of her efforts.
Obviously, the Natural Resources Committee has a lot of input on
this. But, again, this is a great example of what we can all do when we
look at those things that we have in common.
We have been bestowed these fantastic natural resources, gifts from
our Creator. We have an obligation to protect them. And what we see
today is that common idea of that obligation and how we fulfill that
obligation. Today really is one of those days where we should remember
historically about all the different elements that have come together.
We know it is an arduous path for many of these pieces of
legislation, but today should really be a reminder of what we can do
when we look at those things we have in common, when we look at our
responsibilities and obligations to this Nation and to the treasures
that we have here before us.
Today is indeed a great day. I urge my colleagues to support this
bill. It truly is an indication of what makes this Nation great.
Mr. Speaker, I yield back the balance of my time.
Mrs. DINGELL. Mr. Speaker, I yield myself such time as I may consume.
The ACE Act is the culmination of months of bipartisan work between
the House, the Senate, committee staff, and key stakeholders.
I want to thank my colleague, Mr. Wittman, who is managing this bill
today, and all of my colleagues on the Natural Resources Committee. But
so many people have worked to get us here, and for me, it is almost a
special moment because decades of work have resulted--today is the
opening of the Detroit International Wildlife Refuge, which will
benefit from this legislation. It makes me kind of emotional today.
This passage will authorize critical funding for America's fish and
wildlife habitat. It is an example of what happens when we all come
together to protect our natural resources.
I urge my colleagues to support this legislation, and I yield back
the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I rise today as a co-chair of the
Chesapeake Watershed Task Force in support of the Chesapeake Bay
Provisions within America's Conservation Enhancement Act. I am proud to
represent Virginia's 3rd Congressional District, located near the mouth
of the Chesapeake Bay which President Reagan declared a ``national
treasure'' in 1984, a declaration President Obama echoed in 2009.
Unfortunately, President Trump has not supported the bipartisan effort
to restore the Bay, proposing to slash funding for the Chesapeake Bay
Program, a misguided step that I am proud to have worked with my
colleagues across the aisle to correct.
America's Conservation Enhancement Act represents a crucial
opportunity to support the ongoing restoration of the Chesapeake Bay.
Under the Environmental Protection Agency's Total Maximum Daily Load
(TMDL) mandate, some progress has been made in restoring the Bay.
Current increases in underwater grasses and the blue crab population
indicate these efforts are working, however, more resources and
continued partnership are necessary to ensure that these gains are
maintained and that the Chesapeake Bay is restored. The Chesapeake Bay
provisions included in this bill would make significant progress, not
just in improving the health of the Bay, but also in conserving habitat
and increasing access to restoration throughout its 64,000 square-mile
watershed.
I am especially pleased the America's Conservation Enhancement Act
includes Chesapeake WILD, a bill I introduced with Reps. Wittman and
Sarbanes, fellow co-chairs of the Chesapeake Bay Watershed Taskforce,
and Senator Van Hollen. The Fish and Wildlife Service (FWS) is well
equipped to leverage their expertise in wildlife and habitat
conservation beyond their reserves and throughout the Chesapeake Bay
Watershed. My bill fosters such partnerships by creating a grant
program for on the ground restoration efforts to be carried out by the
FWS. In addition to conserving fish and wildlife habitat; increasing
access to recreation; mitigating flooding; and improving drinking water
quality, the grant program this bill creates will also contribute to
the precedent-setting effort to conserve the Chesapeake Bay.
America's Conservation Enhancement Act also includes a bill led by
Rep. Sarbanes and Sen. Cardin that would reauthorize the Chesapeake Bay
Gateways and Watertrails grant program. The pandemic has reminded many
of the many benefits of outdoor recreation yet, for far too many,
parks, trails, beaches, and other recreational areas are largely
inaccessible. The reauthorization of this grant program will help
remedy that by increasing access to recreation in the Bay Watershed and
I am proud to be an original cosponsor of the bill.
America's Conservation Enhancement Act also includes critical
legislation, led by my colleagues Rep. Luria and Sen. Cardin, to
reauthorize the Chesapeake Bay Program. In 1978, my first year as a
member of the Virginia House of Delegates, I was part of a joint
Virginia-Maryland legislative advisory commission focused on
determining what actions were necessary to address Bay issues. We
concluded that restoring the Bay would require more than just Virginia
and Maryland, but rather, the collaboration of the entire watershed.
That remains true today and the level of collaboration required is made
possible by the Chesapeake Bay Program.
I am also proud to have introduced this legislation with my
colleagues which would also authorize an incremental increase in
spending for the Bay Program, reaching $92 million annually by 2025.
Strong funding for the Bay Program leading up to 2025 is essential
because that is the date by which the EPA, along with the six Bay
watershed states and the District of Columbia have committed to making
the Bay fishable and swimmable.
Passage of America's Conservation Enhancement Act is a major step
towards meeting that agreement. As critical as these measures are to
the ecological and economic health of the region, we also recognize
that pollution knows no boundaries. As Wendell Berry, the great poet,
philosopher, and farmer wrote, we all ought to ``do unto those
downstream as you would have those upstream do unto you.'' The
restoration this bill supports throughout the Chesapeake Bay Watershed
does more than just improve the health of the Bay--it enhances carbon
sequestration, protects wildlife, improves the quality of water
entering the Atlantic, and sets an important precedent for the
restoration of other large watersheds and multi-jurisdictional
cooperative environmental agreements.
I thank the Committee on Natural Resources and the Committee on
Energy and Commerce for their work on this essential legislation and
urge my colleagues to support it.
Mr. THOMPSON of California. Mr. Speaker, I rise in support of this
bill and thank the Chairman for his tireless dedication to our natural
resources and to supporting efforts to get folks outside to enjoy our
National treasures.
The COVID-19 pandemic has made it clear just how desperately our
communities need access to the outdoors for their emotional and
physical well-being.
The provisions included in America's Conservation Enhancement Act
will do just that by increasing access to public lands and
reauthorizing wildlife conservation programs, so our hunters, anglers,
and birdwatchers can continue doing what they love.
The ACE Act will create more opportunities for the people in America
to enjoy the outdoors, while providing critical financial relief to the
businesses around these public lands.
This legislation is a win for our environment, our economy, and for
our sportsmen and women who will be able to access these lands for
generations to come.
As a longtime outdoorsman, I am proud of this legislation and urge my
colleagues to vote yes.
The SPEAKER pro tempore (Mr. Cleaver). The question is on the motion
offered by the gentlewoman from
[[Page H5176]]
Michigan (Mrs. Dingell) that the House suspend the rules and pass the
bill, S. 3051.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________