[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 659 Reported in Senate (RS)]
<DOC>
Calendar No. 371
114th CONGRESS
2d Session
S. 659
[Report No. 114-210]
To protect and enhance opportunities for recreational hunting, fishing,
and shooting, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 4, 2015
Mr. Sullivan introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
February 24, 2016
Reported by Mr. Inhofe, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To protect and enhance opportunities for recreational hunting, fishing,
and shooting, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the
``Bipartisan Sportsmen's Act of 2015''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents of this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Modification of definition of sport fishing equipment
under the Toxic Substances Control Act.
<DELETED>Sec. 3. Target practice and marksmanship.
<DELETED>Sec. 4. Permits for importation of polar bear trophies taken
in sport hunts in Canada.
<DELETED>Sec. 5. Baiting of migratory game birds.
<DELETED>Sec. 6. Protecting the right of individuals to bear arms at
water resources development projects.
<DELETED>Sec. 7. North American Wetlands Conservation Act.
<DELETED>Sec. 8. Multinational Species Conservation Funds
Reauthorization.
<DELETED>Sec. 9. Interest on obligations held in the wildlife
restoration fund.
<DELETED>SEC. 2. MODIFICATION OF DEFINITION OF SPORT FISHING EQUIPMENT
UNDER THE TOXIC SUBSTANCES CONTROL ACT.</DELETED>
<DELETED> Section 3(2)(B) of the Toxic Substances Control Act (15
U.S.C. 2602(2)(B)) is amended--</DELETED>
<DELETED> (1) in clause (v), by striking ``, and'' and
inserting ``, or any component of any such article including,
without limitation, shot, bullets and other projectiles,
propellants, and primers,'';</DELETED>
<DELETED> (2) in clause (vi) by striking the period at the
end and inserting ``, and''; and</DELETED>
<DELETED> (3) by inserting after clause (vi) the
following:</DELETED>
<DELETED> ``(vii) 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), and sport fishing equipment
components.''.</DELETED>
<DELETED>SEC. 3. TARGET PRACTICE AND MARKSMANSHIP.</DELETED>
<DELETED> (a) Purpose.--The purpose of this section is to facilitate
the construction and expansion of public target ranges, including
ranges on Federal land managed by the Forest Service and the Bureau of
Land Management.</DELETED>
<DELETED> (b) Definition of Public Target Range.--In this section,
the term ``public target range'' means a specific location that--
</DELETED>
<DELETED> (1) is identified by a governmental agency for
recreational shooting;</DELETED>
<DELETED> (2) is open to the public;</DELETED>
<DELETED> (3) may be supervised; and</DELETED>
<DELETED> (4) may accommodate archery or rifle, pistol, or
shotgun shooting.</DELETED>
<DELETED> (c) Amendments to Pittman-Robertson Wildlife Restoration
Act.--</DELETED>
<DELETED> (1) Definitions.--Section 2 of the Pittman-
Robertson Wildlife Restoration Act (16 U.S.C. 669a) is
amended--</DELETED>
<DELETED> (A) by redesignating paragraphs (2)
through (8) as paragraphs (3) through (9),
respectively; and</DELETED>
<DELETED> (B) by inserting after paragraph (1) the
following:</DELETED>
<DELETED> ``(2) the term `public target range' means a
specific location that--</DELETED>
<DELETED> ``(A) is identified by a governmental
agency for recreational shooting;</DELETED>
<DELETED> ``(B) is open to the public;</DELETED>
<DELETED> ``(C) may be supervised; and</DELETED>
<DELETED> ``(D) may accommodate archery or rifle,
pistol, or shotgun shooting;''.</DELETED>
<DELETED> (2) Expenditures for management of wildlife areas
and resources.--Section 8(b) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669g(b)) is amended--</DELETED>
<DELETED> (A) by striking ``(b) Each State'' and
inserting the following:</DELETED>
<DELETED> ``(b) Expenditures for Management of Wildlife Areas and
Resources.--</DELETED>
<DELETED> ``(1) In general.--Except as provided in paragraph
(2), each State'';</DELETED>
<DELETED> (B) in paragraph (1) (as so designated),
by striking ``construction, operation,'' and inserting
``operation'';</DELETED>
<DELETED> (C) in the second sentence, by striking
``The non-Federal share'' and inserting the
following:</DELETED>
<DELETED> ``(3) Non-federal share.--The non-Federal
share'';</DELETED>
<DELETED> (D) in the third sentence, by striking
``The Secretary'' and inserting the
following:</DELETED>
<DELETED> ``(4) Regulations.--The Secretary''; and</DELETED>
<DELETED> (E) by inserting after paragraph (1) (as
designated by subparagraph (A)) the
following:</DELETED>
<DELETED> ``(2) Exception.--Notwithstanding the limitation
described in paragraph (1), a State may pay up to 90 percent of
the cost of acquiring land for, expanding, or constructing a
public target range.''.</DELETED>
<DELETED> (3) Firearm and bow hunter education and safety
program grants.--Section 10 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669h-1) is amended--</DELETED>
<DELETED> (A) in subsection (a), by adding at the
end the following:</DELETED>
<DELETED> ``(3) Allocation of additional amounts.--Of the
amount apportioned to a State for any fiscal year under section
4(b), the State may elect to allocate not more than 10 percent,
to be combined with the amount apportioned to the State under
paragraph (1) for that fiscal year, for acquiring land for,
expanding, or constructing a public target range.'';</DELETED>
<DELETED> (B) by striking subsection (b) and
inserting the following:</DELETED>
<DELETED> ``(b) Cost Sharing.--</DELETED>
<DELETED> ``(1) In general.--Except as provided in paragraph
(2), the Federal share of the cost of any activity carried out
using a grant under this section shall not exceed 75 percent of
the total cost of the activity.</DELETED>
<DELETED> ``(2) Public target range construction or
expansion.--The Federal share of the cost of acquiring land
for, expanding, or constructing a public target range in a
State on Federal or non-Federal land pursuant to this section
or section 8(b) shall not exceed 90 percent of the cost of the
activity.''; and</DELETED>
<DELETED> (C) in subsection (c)(1)--</DELETED>
<DELETED> (i) by striking ``Amounts made''
and inserting the following:</DELETED>
<DELETED> ``(A) In general.--Except as provided in
subparagraph (B), amounts made''; and</DELETED>
<DELETED> (ii) by adding at the end the
following:</DELETED>
<DELETED> ``(B) Exception.--Amounts provided for
acquiring land for, constructing, or expanding a public
target range shall remain available for expenditure and
obligation during the 5-fiscal-year period beginning on
October 1 of the first fiscal year for which the
amounts are made available.''.</DELETED>
<DELETED> (d) Sense of Congress Regarding Cooperation.--It is the
sense of Congress that, consistent with applicable laws (including
regulations), the Chief of the Forest Service and the Director of the
Bureau of Land Management should cooperate with State and local
authorities and other entities to carry out waste removal and other
activities on any Federal land used as a public target range to
encourage continued use of that land for target practice or
marksmanship training.</DELETED>
<DELETED>SEC. 4. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES TAKEN
IN SPORT HUNTS IN CANADA.</DELETED>
<DELETED> Section 104(c)(5)(D) of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1374(c)(5)(D)) is amended to read as
follows:</DELETED>
<DELETED> ``(D)(i) The Secretary of the Interior shall,
expeditiously after the expiration of the applicable 30-day
period under subsection (d)(2), issue a permit for the
importation of any polar bear part (other than an internal
organ) from a polar bear taken in a sport hunt in Canada to any
person--</DELETED>
<DELETED> ``(I) who submits, with the permit
application, proof that the polar bear was legally
harvested by the person before February 18, 1997;
or</DELETED>
<DELETED> ``(II) who has submitted, in support of a
permit application submitted before May 15, 2008, proof
that the polar bear was legally harvested by the person
before May 15, 2008, from a polar bear population from
which a sport-hunted trophy could be imported before
that date in accordance with section 18.30(i) of title
50, Code of Federal Regulations.</DELETED>
<DELETED> ``(ii) The Secretary shall issue permits under
clause (i)(I) without regard to subparagraphs (A) and (C)(ii)
of this paragraph, subsection (d)(3), and sections 101 and 102.
Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the
importation of any polar bear part authorized by a permit
issued under clause (i)(I). This clause shall not apply to
polar bear parts that were imported before June 12,
1997.</DELETED>
<DELETED> ``(iii) The Secretary shall issue permits under
clause (i)(II) without regard to subparagraph (C)(ii) of this
paragraph or subsection (d)(3). Sections 101(a)(3)(B) and
102(b)(3) shall not apply to the importation of any polar bear
part authorized by a permit issued under clause (i)(II). This
clause shall not apply to polar bear parts that were imported
before the date of enactment of the Bipartisan Sportsmen's Act
of 2015.''.</DELETED>
<DELETED>SEC. 5. BAITING OF MIGRATORY GAME BIRDS.</DELETED>
<DELETED> Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704)
is amended by striking subsection (b) and inserting the
following:</DELETED>
<DELETED> ``(b) Prohibition of Baiting.--</DELETED>
<DELETED> ``(1) Definitions.--In this subsection:</DELETED>
<DELETED> ``(A) Baited area.--</DELETED>
<DELETED> ``(i) In general.--The term
`baited area' means--</DELETED>
<DELETED> ``(I) any area on which
salt, grain, or other feed has been
placed, exposed, deposited,
distributed, or scattered, if the salt,
grain, or feed could lure or attract
migratory game birds; and</DELETED>
<DELETED> ``(II) in the case of
waterfowl, cranes (family Gruidae), and
coots (family Rallidae), a standing,
unharvested crop that has been
manipulated through activities such as
mowing, discing, or rolling, unless the
activities are normal agricultural
practices.</DELETED>
<DELETED> ``(ii) Exclusions.--An area shall
not be considered to be a `baited area' if the
area--</DELETED>
<DELETED> ``(I) has been treated
with a normal agricultural
practice;</DELETED>
<DELETED> ``(II) has standing crops
that have not been manipulated;
or</DELETED>
<DELETED> ``(III) has standing crops
that have been or are
flooded.</DELETED>
<DELETED> ``(B) Baiting.--The term `baiting' means
the direct or indirect placing, exposing, depositing,
distributing, or scattering of salt, grain, or other
feed that could lure or attract migratory game birds
to, on, or over any areas on which a hunter is
attempting to take migratory game birds.</DELETED>
<DELETED> ``(C) Migratory game bird.--The term
`migratory game bird' means migratory bird species--
</DELETED>
<DELETED> ``(i) that are within the
taxonomic families of Anatidae, Columbidae,
Gruidae, Rallidae, and Scolopacidae;
and</DELETED>
<DELETED> ``(ii) for which open seasons are
prescribed by the Secretary of the
Interior.</DELETED>
<DELETED> ``(D) Normal agricultural practice.--
</DELETED>
<DELETED> ``(i) In general.--The term
`normal agricultural practice' means any
practice in 1 annual growing season that--
</DELETED>
<DELETED> ``(I) is carried out in
order to produce a marketable crop,
including planting, harvest, post-
harvest, or soil conservation
practices; and</DELETED>
<DELETED> ``(II) is recommended for
the successful harvest of a given crop
by the applicable State office of the
Cooperative Extension System of the
Department of Agriculture, in
consultation with, and if requested,
the concurrence of, the head of the
applicable State department of fish and
wildlife.</DELETED>
<DELETED> ``(ii) Inclusions.--</DELETED>
<DELETED> ``(I) In general.--Subject
to subclause (II), the term `normal
agricultural practice' includes the
destruction of a crop in accordance
with practices required by the Federal
Crop Insurance Corporation for
agricultural producers to obtain crop
insurance under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.)
on land on which a crop during the
current or immediately preceding crop
year was not harvestable due to a
natural disaster (including any
hurricane, storm, tornado, flood, high
water, wind-driven water, tidal wave,
tsunami, earthquake, volcanic eruption,
landslide, mudslide, drought, fire,
snowstorm, or other catastrophe that is
declared a major disaster by the
President in accordance with section
401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5170)).</DELETED>
<DELETED> ``(II) Limitations.--The
term `normal agricultural practice'
only includes a crop described in
subclause (I) that has been destroyed
or manipulated through activities that
include (but are not limited to)
mowing, discing, or rolling if the
Federal Crop Insurance Corporation
certifies that flooding was not an
acceptable method of destruction to
obtain crop insurance under the Federal
Crop Insurance Act (7 U.S.C. 1501 et
seq.).</DELETED>
<DELETED> ``(E) Waterfowl.--The term `waterfowl'
means native species of the family Anatidae.</DELETED>
<DELETED> ``(2) Prohibition.--It shall be unlawful for any
person--</DELETED>
<DELETED> ``(A) to take any migratory game bird by
baiting or on or over any baited area, if the person
knows or reasonably should know that the area is a
baited area; or</DELETED>
<DELETED> ``(B) to place or direct the placement of
bait on or adjacent to an area for the purpose of
causing, inducing, or allowing any person to take or
attempt to take any migratory game bird by baiting or
on or over the baited area.</DELETED>
<DELETED> ``(3) Regulations.--The Secretary of the Interior
may promulgate regulations to implement this
subsection.</DELETED>
<DELETED> ``(4) Reports.--Annually, the Secretary of
Agriculture shall submit to the Secretary of the Interior a
report that describes any changes to normal agricultural
practices across the range of crops grown by agricultural
producers in each region of the United States in which the
recommendations are provided to agricultural
producers.''.</DELETED>
<DELETED>SEC. 6. PROTECTING THE RIGHT OF INDIVIDUALS TO BEAR ARMS AT
WATER RESOURCES DEVELOPMENT PROJECTS.</DELETED>
<DELETED> The Secretary of the Army shall not promulgate or enforce
any regulation that prohibits an individual from possessing a firearm,
including an assembled or functional firearm, in any area open to the
public (other than a Federal facility as defined in section 930(g) of
title 18, United States Code) at a water resources development project
covered under section 327.0 of title 36, Code of Federal Regulations
(as in effect on the date of enactment of this Act), if--</DELETED>
<DELETED> (1) the individual is not otherwise prohibited by
law from possessing the firearm; and</DELETED>
<DELETED> (2) the possession of the firearm is in compliance
with the law of the State in which the water resources
development project is located.</DELETED>
<DELETED>SEC. 7. NORTH AMERICAN WETLANDS CONSERVATION ACT.</DELETED>
<DELETED> Section 7(c) of the North American Wetlands Conservation
Act (16 U.S.C. 4406(c)) is amended--</DELETED>
<DELETED> (1) in paragraph (4), by striking
``and'';</DELETED>
<DELETED> (2) in paragraph (5), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(6) $50,000,000 for each of fiscal years 2015
through 2020.''.</DELETED>
<DELETED>SEC. 8. MULTINATIONAL SPECIES CONSERVATION FUNDS
REAUTHORIZATION.</DELETED>
<DELETED> (a) Reauthorization of African Elephant Conservation
Act.--Section 2306(a) of the African Elephant Conservation Act (16
U.S.C. 4245(a)) is amended by striking ``2007 through 2012'' and
inserting ``2016 through 2020''.</DELETED>
<DELETED> (b) Reauthorization of Rhinoceros and Tiger Conservation
Act of 1994.--Section 10(a) of the Rhinoceros and Tiger Conservation
Act of 1994 (16 U.S.C. 5306(a)) is amended by striking ``2007 through
2012'' and inserting ``2016 through 2020''.</DELETED>
<DELETED> (c) Reauthorization of Asian Elephant Conservation Act of
1997.--Section 8(a) of the Asian Elephant Conservation Act of 1997 (16
U.S.C. 4266(a)) is amended by striking ``2007 through 2012'' and
inserting ``2016 through 2020''.</DELETED>
<DELETED> (d) Amendment and Reauthorization of Great Ape
Conservation Act of 2000.--The Great Ape Conservation Act of 2000 is
amended as follows:</DELETED>
<DELETED> (1) Multiyear grants.--In section 4 (16 U.S.C.
6303), by adding at the end the following new
subsections:</DELETED>
<DELETED> ``(j) Multiyear Grants.--</DELETED>
<DELETED> ``(1) In general.--The Secretary may award a
multiyear grant under this section to a person who is otherwise
eligible for a grant under this section, to carry out a project
that the person demonstrates is an effective, long-term
conservation strategy for great apes and their
habitats.</DELETED>
<DELETED> ``(2) Annual grants not affected.--This subsection
shall not be construed as precluding the Secretary from
awarding grants on an annual basis.''.</DELETED>
<DELETED> (2) Panel of experts.--In section 4(i) (16 U.S.C.
6303(i))--</DELETED>
<DELETED> (A) in paragraph (1), by--</DELETED>
<DELETED> (i) striking ``Every 2 years'' and
inserting ``Within one year after the date of
the enactment of the Bipartisan Sportsmen's Act
of 2015, and every 5 years
thereafter'';</DELETED>
<DELETED> (ii) striking ``may convene'' and
inserting ``shall convene'';</DELETED>
<DELETED> (iii) inserting ``and priorities''
after ``needs''; and</DELETED>
<DELETED> (iv) adding at the end the
following new sentence: ``The panel shall, to
the extent practicable, include representatives
from foreign range states with expertise in
great ape conservation.''; and</DELETED>
<DELETED> (B) by redesignating paragraph (2) as
paragraph (4), and inserting after paragraph (1) the
following new paragraphs:</DELETED>
<DELETED> ``(2) In identifying conservation needs and
priorities under paragraph (1), the panel shall consider
relevant great ape conservation plans or strategies including
scientific research and findings related to--</DELETED>
<DELETED> ``(A) the conservation needs and
priorities of great apes;</DELETED>
<DELETED> ``(B) regional or species-specific action
plans or strategies;</DELETED>
<DELETED> ``(C) applicable strategies developed or
initiated by the Secretary; and</DELETED>
<DELETED> ``(D) any other applicable conservation
plan or strategy.</DELETED>
<DELETED> ``(3) The Secretary, subject to the availability
of appropriations, may pay expenses of convening and
facilitating meetings of the panel.''.</DELETED>
<DELETED> (3) Administrative expenses limitation.--In
section 5(b)(2) (16 U.S.C. 6304(b)(2)), by striking
``$100,000'' and inserting ``$150,000''.</DELETED>
<DELETED> (4) Authorization of appropriations.--In section 6
(16 U.S.C. 6305), by striking ``2006 through 2010'' and
inserting ``2016 through 2020''.</DELETED>
<DELETED> (e) Amendment and Reauthorization of Marine Turtle
Conservation Act of 2004.--</DELETED>
<DELETED> (1) In general.--The Marine Turtle Conservation
Act of 2004 is amended--</DELETED>
<DELETED> (A) in sections 2(b) and 3(2) (16 U.S.C.
6601(b), 6602(2)), by inserting ``and territories of
the United States'' after ``foreign countries'' each
place it occurs;</DELETED>
<DELETED> (B) in section 3 (16 U.S.C. 6602) by
adding at the end the following:</DELETED>
<DELETED> ``(7) Territory of the united states.--The term
`territory of the United States' means each of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States.''; and</DELETED>
<DELETED> (C) in section 4 (16 U.S.C. 6603)--
</DELETED>
<DELETED> (i) in subsection (b)(1)(A), by
inserting ``or territory of the United States''
after ``foreign country''; and</DELETED>
<DELETED> (ii) in subsection (d) by
inserting ``and territories of the United
States'' after ``foreign countries''.</DELETED>
<DELETED> (2) Administrative expenses limitation.--Section
5(b)(2) of the Marine Turtle Conservation Act of 2004 (16
U.S.C. 6604(b)(2)) is amended by striking ``$80,000'' and
inserting ``$150,000''.</DELETED>
<DELETED> (3) Reauthorization.--Section 7 of the Marine
Turtle Conservation Act of 2004 (16 U.S.C. 6606) is amended by
striking ``each of fiscal years 2005 through 2009'' and
inserting ``each of fiscal years 2016 through 2020''.</DELETED>
<DELETED>SEC. 9. INTEREST ON OBLIGATIONS HELD IN THE WILDLIFE
RESTORATION FUND.</DELETED>
<DELETED> Section 3(b)(2)(C) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b) is amended by striking ``2016'' and
inserting ``2026''.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Bipartisan
Sportsmen's Act of 2016''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Modification of definition of sport fishing equipment under the
Toxic Substances Control Act.
Sec. 3. Target practice and marksmanship.
Sec. 4. Permits for importation of polar bear trophies taken in sport
hunts in Canada.
Sec. 5. Baiting of migratory game birds.
Sec. 7. North American Wetlands Conservation Act.
Sec. 8. Multinational Species Conservation Funds Reauthorization.
Sec. 9. Reauthorization of Neotropical Migratory Bird Conservation Act.
Sec. 10. Challenge cost-sharing program for management of recreation
facilities.
Sec. 11. National Fish and Wildlife Foundation Establishment Act.
Sec. 12. Use of authorized pesticides; discharges of pesticides;
report.
Sec. 13. Seaward boundaries.
Sec. 14. Reissuance of final rule regarding gray wolves in the Western
Great Lakes.
Sec. 15. Reissuance of final rule regarding gray wolves in Wyoming.
Sec. 16. Prohibition on issuance of final rule.
Sec. 17. National Fish Habitat Conservation.
SEC. 2. MODIFICATION OF DEFINITION OF SPORT FISHING EQUIPMENT UNDER THE
TOXIC SUBSTANCES CONTROL ACT.
Section 3(2)(B) of the Toxic Substances Control Act (15 U.S.C.
2602(2)(B)) is amended--
(1) in clause (v), by striking ``and'' at the end;
(2) in clause (vi) by striking the period at the end and
inserting ``, and''; and
(3) by inserting after clause (vi) the following:
``(vii) any sport fishing equipment (as such term is
defined in section 4162(a) of the Internal Revenue Code of
1986) 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), and sport fishing equipment
components.''.
SEC. 3. TARGET PRACTICE AND MARKSMANSHIP.
(a) Purpose.--The purpose of this section is to facilitate the
construction and expansion of public target ranges, including ranges on
Federal land managed by the Forest Service and the Bureau of Land
Management.
(b) Definition of Public Target Range.--In this section, the term
``public target range'' means a specific location that--
(1) is identified by a governmental agency for recreational
shooting;
(2) is open to the public;
(3) may be supervised; and
(4) may accommodate archery or rifle, pistol, or shotgun
shooting.
(c) Amendments to Pittman-Robertson Wildlife Restoration Act.--
(1) Definitions.--Section 2 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669a) is amended--
(A) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) the term `public target range' means a specific
location that--
``(A) is identified by a governmental agency for
recreational shooting;
``(B) is open to the public;
``(C) may be supervised; and
``(D) may accommodate archery or rifle, pistol, or
shotgun shooting;''.
(2) Expenditures for management of wildlife areas and
resources.--Section 8(b) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669g(b)) is amended--
(A) by striking ``(b) Each State'' and inserting
the following:
``(b) Expenditures for Management of Wildlife Areas and
Resources.--
``(1) In general.--Except as provided in paragraph (2),
each State'';
(B) in paragraph (1) (as so designated), by
striking ``construction, operation,'' and inserting
``operation'';
(C) in the second sentence, by striking ``The non-
Federal share'' and inserting the following:
``(3) Non-federal share.--The non-Federal share'';
(D) in the third sentence, by striking ``The
Secretary'' and inserting the following:
``(4) Regulations.--The Secretary''; and
(E) by inserting after paragraph (1) (as designated
by subparagraph (A)) the following:
``(2) Exception.--Notwithstanding the limitation described
in paragraph (1), a State may pay up to 90 percent of the cost
of acquiring land for, expanding, or constructing a public
target range.''.
(3) Firearm and bow hunter education and safety program
grants.--Section 10 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669h-1) is amended--
(A) in subsection (a), by adding at the end the
following:
``(3) Allocation of additional amounts.--Of the amount
apportioned to a State for any fiscal year under section 4(b),
the State may elect to allocate not more than 10 percent, to be
combined with the amount apportioned to the State under
paragraph (1) for that fiscal year, for acquiring land for,
expanding, or constructing a public target range.'';
(B) by striking subsection (b) and inserting the
following:
``(b) Cost Sharing.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of any activity carried out using a
grant under this section shall not exceed 75 percent of the
total cost of the activity.
``(2) Public target range construction or expansion.--The
Federal share of the cost of acquiring land for, expanding, or
constructing a public target range in a State on Federal or
non-Federal land pursuant to this section or section 8(b) shall
not exceed 90 percent of the cost of the activity.''; and
(C) in subsection (c)(1)--
(i) by striking ``Amounts made'' and
inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), amounts made''; and
(ii) by adding at the end the following:
``(B) Exception.--Amounts provided for acquiring
land for, constructing, or expanding a public target
range shall remain available for expenditure and
obligation during the 5-fiscal-year period beginning on
October 1 of the first fiscal year for which the
amounts are made available.''.
(d) Sense of Congress Regarding Cooperation.--It is the sense of
Congress that, consistent with applicable laws (including regulations),
the Chief of the Forest Service and the Director of the Bureau of Land
Management should cooperate with State and local authorities and other
entities to carry out waste removal and other activities on any Federal
land used as a public target range to encourage continued use of that
land for target practice or marksmanship training.
SEC. 4. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES TAKEN IN SPORT
HUNTS IN CANADA.
Section 104(c)(5)(D) of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1374(c)(5)(D)) is amended to read as follows:
``(D)(i) The Secretary of the Interior shall, expeditiously
after the expiration of the applicable 30-day period under
subsection (d)(2), issue a permit for the importation of any
polar bear part (other than an internal organ) from a polar
bear taken in a sport hunt in Canada to any person--
``(I) who submits, with the permit application,
proof that the polar bear was legally harvested by the
person before February 18, 1997; or
``(II) who has submitted, in support of a permit
application submitted before May 15, 2008, proof that
the polar bear was legally harvested by the person
before May 15, 2008, from a polar bear population from
which a sport-hunted trophy could be imported before
that date in accordance with section 18.30(i) of title
50, Code of Federal Regulations.
``(ii) The Secretary shall issue permits under clause
(i)(I) without regard to subparagraphs (A) and (C)(ii) of this
paragraph, subsection (d)(3), and sections 101 and 102.
Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the
importation of any polar bear part authorized by a permit
issued under clause (i)(I). This clause shall not apply to
polar bear parts that were imported before June 12, 1997.
``(iii) The Secretary shall issue permits under clause
(i)(II) without regard to subparagraph (C)(ii) of this
paragraph or subsection (d)(3). Sections 101(a)(3)(B) and
102(b)(3) shall not apply to the importation of any polar bear
part authorized by a permit issued under clause (i)(II). This
clause shall not apply to polar bear parts that were imported
before the date of enactment of the Bipartisan Sportsmen's Act
of 2016.''.
SEC. 5. BAITING OF MIGRATORY GAME BIRDS.
Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is
amended by striking subsection (b) and inserting the following:
``(b) Prohibition of Baiting.--
``(1) Definitions.--In this subsection:
``(A) Baited area.--
``(i) In general.--The term `baited area'
means--
``(I) any area on which salt,
grain, or other feed has been placed,
exposed, deposited, distributed, or
scattered, if the salt, grain, or feed
could lure or attract migratory game
birds; and
``(II) in the case of waterfowl,
cranes (family Gruidae), and coots
(family Rallidae), a standing,
unharvested crop that has been
manipulated through activities such as
mowing, discing, or rolling, unless the
activities are normal agricultural
practices.
``(ii) Exclusions.--An area shall not be
considered to be a `baited area' if the area--
``(I) has been treated with a
normal agricultural practice;
``(II) has standing crops that have
not been manipulated; or
``(III) has standing crops that
have been or are flooded.
``(B) Baiting.--The term `baiting' means the direct
or indirect placing, exposing, depositing,
distributing, or scattering of salt, grain, or other
feed that could lure or attract migratory game birds
to, on, or over any areas on which a hunter is
attempting to take migratory game birds.
``(C) Migratory game bird.--The term `migratory
game bird' means migratory bird species--
``(i) that are within the taxonomic
families of Anatidae, Columbidae, Gruidae,
Rallidae, and Scolopacidae; and
``(ii) for which open seasons are
prescribed by the Secretary of the Interior.
``(D) Normal agricultural practice.--
``(i) In general.--The term `normal
agricultural practice' means any practice in 1
annual growing season that--
``(I) is carried out in order to
produce a marketable crop, including
planting, harvest, post-harvest, or
soil conservation practices; and
``(II) is recommended for the
successful harvest of a given crop by
the applicable State office of the
Cooperative Extension System of the
Department of Agriculture, in
consultation with, and if requested,
the concurrence of, the head of the
applicable State department of fish and
wildlife.
``(ii) Inclusions.--
``(I) In general.--Subject to
subclause (II), the term `normal
agricultural practice' includes the
destruction of a crop in accordance
with practices required by the Federal
Crop Insurance Corporation for
agricultural producers to obtain crop
insurance under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.)
on land on which a crop during the
current or immediately preceding crop
year was not harvestable due to a
natural disaster (including any
hurricane, storm, tornado, flood, high
water, wind-driven water, tidal wave,
tsunami, earthquake, volcanic eruption,
landslide, mudslide, drought, fire,
snowstorm, or other catastrophe that is
declared a major disaster by the
President in accordance with section
401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5170)).
``(II) Limitations.--The term
`normal agricultural practice' only
includes a crop described in subclause
(I) that has been destroyed or
manipulated through activities that
include (but are not limited to)
mowing, discing, or rolling if the
Federal Crop Insurance Corporation
certifies that flooding was not an
acceptable method of destruction to
obtain crop insurance under the Federal
Crop Insurance Act (7 U.S.C. 1501 et
seq.).
``(E) Waterfowl.--The term `waterfowl' means native
species of the family Anatidae.
``(2) Prohibition.--It shall be unlawful for any person--
``(A) to take any migratory game bird by baiting or
on or over any baited area, if the person knows or
reasonably should know that the area is a baited area;
or
``(B) to place or direct the placement of bait on
or adjacent to an area for the purpose of causing,
inducing, or allowing any person to take or attempt to
take any migratory game bird by baiting or on or over
the baited area.
``(3) Regulations.--The Secretary of the Interior may
promulgate regulations to implement this subsection.
``(4) Reports.--Annually, the Secretary of Agriculture
shall submit to the Secretary of the Interior a report that
describes any changes to normal agricultural practices across
the range of crops grown by agricultural producers in each
region of the United States in which the recommendations are
provided to agricultural producers.''.
SEC. 6. PROTECTING THE RIGHT OF INDIVIDUALS TO BEAR ARMS AT WATER
RESOURCES DEVELOPMENT PROJECTS.
The Secretary of the Army shall not promulgate or enforce any
regulation that prohibits an individual from possessing a firearm,
including an assembled or functional firearm, in any area open to the
public (other than a Federal facility as defined in section 930(g) of
title 18, United States Code) at a water resources development project
covered under section 327.0 of title 36, Code of Federal Regulations
(as in effect on the date of enactment of this Act), if--
(1) the individual is not otherwise prohibited by law from
possessing the firearm; and
(2) the possession of the firearm is in compliance with the
law of the State in which the water resources development
project is located.
SEC. 7. NORTH AMERICAN WETLANDS CONSERVATION ACT.
(a) Real Property.--Section 6(a)(3) of the North American Wetlands
Conservation Act (16 U.S.C. 4405(a)(3)) is amended--
(1) by striking ``(3) in lieu of'' and inserting the
following:
``(3) Provision of funds or conveyance of real property
interest.--
``(A) In general.--In lieu of'';
(2) in the second sentence, by striking ``The Secretary
shall'' and inserting the following:
``(B) Determination.--The Secretary shall''; and
(3) by striking the third sentence and inserting the
following:
``(C) Real property.--Any real property interest
conveyed under this paragraph shall be subject to terms
and conditions that ensure that--
``(i) the real property interest will be
administered for the long-term conservation and
management of the wetland ecosystem and the
fish and wildlife dependent on that ecosystem;
``(ii) the grantor of a real property
interest has been provided with information
relating to all available conservation options,
including conservation options that involve the
conveyance of a real property interest for a
limited period of time; and
``(iii) the provision of the information
described in clause (ii) has been
documented.''.
(b) Authorization of Appropriations.--Section 7(c) of the North
American Wetlands Conservation Act (16 U.S.C. 4406(c)) is amended--
(1) in paragraph (4), by striking ``and'';
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) $50,000,000 for each of fiscal years 2016 through
2021.''.
SEC. 8. MULTINATIONAL SPECIES CONSERVATION FUNDS REAUTHORIZATION.
(a) Reauthorization of African Elephant Conservation Act.--Section
2306(a) of the African Elephant Conservation Act (16 U.S.C. 4245(a)) is
amended by striking ``2007 through 2012'' and inserting ``2016 through
2020''.
(b) Reauthorization of Rhinoceros and Tiger Conservation Act of
1994.--Section 10(a) of the Rhinoceros and Tiger Conservation Act of
1994 (16 U.S.C. 5306(a)) is amended by striking ``2007 through 2012''
and inserting ``2016 through 2020''.
(c) Reauthorization of Asian Elephant Conservation Act of 1997.--
Section 8(a) of the Asian Elephant Conservation Act of 1997 (16 U.S.C.
4266(a)) is amended by striking ``2007 through 2012'' and inserting
``2016 through 2020''.
(d) Amendment and Reauthorization of Great Ape Conservation Act of
2000.--The Great Ape Conservation Act of 2000 is amended as follows:
(1) Multiyear grants.--In section 4 (16 U.S.C. 6303), by
adding at the end the following new subsections:
``(j) Multiyear Grants.--
``(1) In general.--The Secretary may award a multiyear
grant under this section to a person who is otherwise eligible
for a grant under this section, to carry out a project that the
person demonstrates is an effective, long-term conservation
strategy for great apes and their habitats.
``(2) Annual grants not affected.--This subsection shall
not be construed as precluding the Secretary from awarding
grants on an annual basis.''.
(2) Panel of experts.--In section 4(i) (16 U.S.C.
6303(i))--
(A) in paragraph (1), by--
(i) striking ``Every 2 years'' and
inserting ``Within one year after the date of
the enactment of the Bipartisan Sportsmen's Act
of 2016, and every 5 years thereafter'';
(ii) striking ``may convene'' and inserting
``shall convene'';
(iii) inserting ``and priorities'' after
``needs''; and
(iv) adding at the end the following new
sentence: ``The panel shall, to the extent
practicable, include representatives from
foreign range states with expertise in great
ape conservation.''; and
(B) by redesignating paragraph (2) as paragraph
(4), and inserting after paragraph (1) the following
new paragraphs:
``(2) In identifying conservation needs and priorities
under paragraph (1), the panel shall consider relevant great
ape conservation plans or strategies including scientific
research and findings related to--
``(A) the conservation needs and priorities of
great apes;
``(B) regional or species-specific action plans or
strategies;
``(C) applicable strategies developed or initiated
by the Secretary; and
``(D) any other applicable conservation plan or
strategy.
``(3) The Secretary, subject to the availability of
appropriations, may pay expenses of convening and facilitating
meetings of the panel.''.
(3) Administrative expenses limitation.--In section 5(b)(2)
(16 U.S.C. 6304(b)(2)), by striking ``$100,000'' and inserting
``$150,000''.
(4) Authorization of appropriations.--In section 6 (16
U.S.C. 6305), by striking ``2006 through 2010'' and inserting
``2016 through 2020''.
(e) Amendment and Reauthorization of Marine Turtle Conservation Act
of 2004.--
(1) In general.--The Marine Turtle Conservation Act of 2004
is amended--
(A) in sections 2(b) and 3(2) (16 U.S.C. 6601(b),
6602(2)), by inserting ``and territories of the United
States'' after ``foreign countries'' each place it
occurs;
(B) in section 3 (16 U.S.C. 6602) by adding at the
end the following:
``(7) Territory of the united states.--The term `territory
of the United States' means each of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and any other territory or
possession of the United States.''; and
(C) in section 4 (16 U.S.C. 6603)--
(i) in subsection (b)(1)(A), by inserting
``or territory of the United States'' after
``foreign country''; and
(ii) in subsection (d) by inserting ``and
territories of the United States'' after
``foreign countries''.
(2) Administrative expenses limitation.--Section 5(b)(2) of
the Marine Turtle Conservation Act of 2004 (16 U.S.C.
6604(b)(2)) is amended by striking ``$80,000'' and inserting
``$150,000''.
(3) Reauthorization.--Section 7 of the Marine Turtle
Conservation Act of 2004 (16 U.S.C. 6606) is amended by
striking ``each of fiscal years 2005 through 2009'' and
inserting ``each of fiscal years 2016 through 2020''.
SEC. 9. REAUTHORIZATION OF NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT.
Section 10 of the Neotropical Migratory Bird Conservation Act (16
U.S.C. 6109) is amended to read as follows:
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to carry
out this Act $6,500,000 for each of fiscal years 2015 through 2020.
``(b) Use of Funds.--Of the amounts made available under subsection
(a) for each fiscal year, not less than 75 percent shall be expended
for projects carried out at a location outside of the United States.''.
SEC. 10. CHALLENGE COST-SHARING PROGRAM FOR MANAGEMENT OF RECREATION
FACILITIES.
Section 225 of the Water Resources Development Act of 1992 (33
U.S.C. 2328) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) User Fees.--
``(1) Collection of fees.--
``(A) In general.--The Secretary may allow a non-
Federal public or private entity that has entered into
an agreement pursuant to subsection (b) to collect user
fees for the use of developed recreation sites and
facilities, whether developed or constructed by that
entity or the Department of the Army.
``(B) Use of visitor reservation services.--A
public or private entity described in subparagraph (A)
may use to manage fee collections and reservations
under this section any visitor reservation service that
the Secretary has provided for by contract or
interagency agreement, subject to such terms and
conditions as the Secretary determines to be
appropriate.
``(2) Use of fees.--A non-Federal public or private entity
that collects user fees under paragraph (1) may--
``(A) retain up to 100 percent of the fees
collected, as determined by the Secretary; and
``(B) notwithstanding section 210(b)(4) of the
Flood Control Act of 1968 (16 U.S.C. 460d-3(b)(4)), use
that amount for operation, maintenance, and management
at the recreation site at which the fee is collected.
``(3) Terms and conditions.--The authority of a non-Federal
public or private entity under this subsection shall be subject
to such terms and conditions as the Secretary determines
necessary to protect the interests of the United States.''.
SEC. 11. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT.
(a) Board of Directors of the Foundation.--
(1) In general.--Section 3 of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3702) is
amended--
(A) in subsection (b)--
(i) by striking paragraph (2) and inserting
the following:
``(2) In general.--After consulting with the Secretary of
Commerce and considering the recommendations submitted by the
Board, the Secretary of the Interior shall appoint 28 Directors
who, to the maximum extent practicable, shall--
``(A) be knowledgeable and experienced in matters
relating to 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 the Foundation.--Section 4 of the
National Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3703) is amended--
(1) in subsection (c)--
(A) by striking ``(c) Powers.--To carry out its
purposes under'' and inserting the following:
``(c) Powers.--
``(1) In general.--To carry out the purposes described
in'';
(B) by redesignating paragraphs (1) through (11) as
subparagraphs (A) through (K), respectively, and
indenting appropriately;
(C) in subparagraph (D) (as redesignated by
subparagraph (B)), by striking ``that are insured by an
agency or instrumentality of the United States'' and
inserting ``at 1 or more financial institutions that
are members of the Federal Deposit Insurance
Corporation or the Securities Investment Protection
Corporation'';
(D) in subparagraph (E) (as redesignated by
subparagraph (B)), by striking ``paragraph (3) or (4)''
and inserting ``subparagraph (C) or (D)'';
(E) in subparagraph (J) (as redesignated by
subparagraph (B)), by striking ``; and'' and inserting
a semicolon;
(F) by striking subparagraph (K) (as redesignated
by subparagraph (B)) and inserting the following:
``(K) to receive and administer restitution and
community service payments, amounts for mitigation of
impacts to natural resources, and other amounts arising
from legal, regulatory, or administrative proceedings,
subject to the condition that the amounts are received
or administered for purposes that further the
conservation and management of fish, wildlife, plants,
and other natural resources; and
``(L) to do 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 2015 through
2020--
``(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 may
provide Federal funds to the Foundation, subject to the
condition that the amounts are used for purposes that
further the conservation and management of fish,
wildlife, plants, and other natural resources in
accordance with this Act.
``(B) Advances.--Federal departments, agencies, or
instrumentalities may advance amounts described in
subparagraph (A) to the Foundation in a lump sum
without regard to when the expenses for which the
amounts are used are incurred.
``(C) Management fees.--The Foundation may assess
and collect fees for the management of amounts received
under this paragraph.'';
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``funds'' and inserting ``amounts'';
(ii) by striking ``shall be used'' and
inserting ``may be used''; and
(iii) by striking ``and State and local
government agencies'' and inserting ``, State
and local government agencies, and other
entities''; and
(C) by adding at the end the following:
``(3) Administration of amounts.--
``(A) In general.--In entering into contracts,
agreements, or other partnerships pursuant to this Act,
a Federal department, agency, or instrumentality shall
have discretion to waive any competitive process
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. 12. USE OF AUTHORIZED PESTICIDES; DISCHARGES OF PESTICIDES;
REPORT.
(a) Use of Authorized Pesticides.--Section 3(f) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(f)) is
amended by adding at the end the following:
``(5) Use of authorized pesticides.--Except as provided in
section 402(s) of the Federal Water Pollution Control Act (33
U.S.C. 1342), the Administrator or a State shall not require a
permit under that Act for a discharge from a point source into
navigable waters of--
``(A) a pesticide authorized for sale,
distribution, or use under this Act; or
``(B) the residue of the pesticide, resulting from
the application of the pesticide.''.
(b) Discharges of Pesticides.--Section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end
the following:
``(s) Discharges of Pesticides.--
``(1) No permit requirement.--Except as provided in
paragraph (2), a permit shall not be required by the
Administrator or a State under this Act for a discharge from a
point source into navigable waters of--
``(A) a pesticide authorized for sale,
distribution, or use under the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.);
or
``(B) the residue of the pesticide, resulting from
the application of the pesticide.
``(2) Exceptions.--Paragraph (1) shall not apply to the
following discharges of a pesticide or pesticide residue:
``(A) A discharge resulting from the application of
a pesticide in violation of a provision of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136 et seq.) relevant to protecting water quality if--
``(i) the discharge would not have occurred
without the violation; or
``(ii) the amount of pesticide or pesticide
residue in the discharge is greater than would
have occurred without the violation.
``(B) Stormwater discharges subject to regulation
under subsection (p).
``(C) The following discharges subject to
regulation under this section:
``(i) Manufacturing or industrial effluent.
``(ii) Treatment works effluent.
``(iii) Discharges incidental to the normal
operation of a vessel, including a discharge
resulting from ballasting operations or vessel
biofouling prevention.''.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency, in
consultation with the Secretary of Agriculture, shall submit a report
to the Committee on Environment and Public Works and the Committee on
Agriculture of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Agriculture of the House of
Representatives that includes--
(1) the status of intra-agency coordination between the
Office of Water and the Office of Pesticide Programs of the
Environmental Protection Agency regarding streamlining
information collection, standards of review, and data use
relating to water quality impacts from the registration and use
of pesticides;
(2) an analysis of the effectiveness of current regulatory
actions relating to pesticide registration and use aimed at
protecting water quality; and
(3) any recommendations on how the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) can be
modified to better protect water quality and human health.
SEC. 13. SEAWARD BOUNDARIES.
(a) In General.--Section 4 of the Submerged Lands Act (43 U.S.C.
1312) is amended--
(1) in the first sentence, by striking ``The'' and
inserting the following:
``(a) General Rule.--
``(1) In general.--Except for the States described in
subsection (b), the'';
(2) in the second sentence, by striking ``Any State'' and
inserting the following:
``(2) Extensions.--Any State'';
(3) in the third sentence, by striking ``Any claim'' and
inserting the following:
``(3) Claims.--Any claim'';
(4) in the fourth sentence, by striking ``Nothing'' and
inserting the following:
``(4) Prior approval.--Nothing''; and
(5) by adding at the end the following:
``(b) Seaward Boundaries of Certain Coastal States.--Subject to
subsection (a), for management activities pursuant to the fishery
management plan for the reef fish resources of the Gulf of Mexico or
any amendment to such plan, the seaward boundary of each of the
following States shall be a line 3 marine leagues distant from the
coast line of the State as of the date that is 1 day before the date of
enactment of this subsection:
``(1) Alabama.
``(2) Florida.
``(3) Louisiana.
``(4) Mississippi.''.
(b) Conforming Amendments.--Section 2 of the Submerged Lands Act
(43 U.S.C. 1301) is amended--
(1) in subsection (a)(2), by inserting ``, or 3 marine
leagues distant from the coast line of a State described in
section 4(b),'' after ``the coast line of each such State'';
and
(2) in subsection (b)--
(A) by striking ``from the coast line'';
(B) by inserting ``from the coast line of a State,
or more than 3 marine leagues from the coast line of a
State described in section 4(b),'' after ``three
geographical miles''; and
(C) by inserting ``from the coast line of a State,
or more than 3 marine leagues from the coast line of a
State described in section 4(b),'' after ``three marine
leagues''.
SEC. 14. REISSUANCE OF FINAL RULE REGARDING GRAY WOLVES IN THE WESTERN
GREAT LAKES.
Before the end of the 60-day period beginning on the date of
enactment of this Act, the Secretary of the Interior shall reissue the
final rule published on December 28, 2011 (76 Fed. Reg. 81666), without
regard to any other provision of statute or regulation that applies to
issuance of such rule. Such reissuance shall not be subject to judicial
review.
SEC. 15. REISSUANCE OF FINAL RULE REGARDING GRAY WOLVES IN WYOMING.
Before the end of the 60-day period beginning on the date of
enactment of this Act, the Secretary of the Interior shall reissue the
final rule published on September 10, 2012 (77 Fed. Reg. 55530),
without regard to any other provision of statute or regulation that
applies to issuance of such rule. Such reissuance shall not be subject
to judicial review.
SEC. 16. PROHIBITION ON ISSUANCE OF FINAL RULE.
The Director of the United States Fish and Wildlife Service shall
not issue a final rule that--
(1) succeeds the proposed rule entitled ``Non-Subsistence
Take of Wildlife, and Public Participation and Closure
Procedures, on National Wildlife Refuges in Alaska'' (81 Fed.
Reg. 887 (January 8, 2016)); or
(2) is substantially similar to that proposed rule.
SEC. 17. NATIONAL FISH HABITAT CONSERVATION.
(a) Short Title.--This section may be cited as the ``National Fish
Habitat Conservation Through Partnerships Act''.
(b) Purpose.--The purpose of this section is to encourage
partnerships among public agencies and other interested parties 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.
(c) Definitions.--In this section:
(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 subsection (d)(1)(A).
(3) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(4) Epa assistant administrator.--The term ``EPA Assistant
Administrator'' means the Assistant Administrator for Water of
the Environmental Protection Agency.
(5) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(6) NOAA assistant administrator.--The term ``NOAA
Assistant Administrator'' means the Assistant Administrator for
Fisheries of the National Oceanic and Atmospheric
Administration.
(7) Partnership.--The term ``Partnership'' means a self-
governed entity designated by the Board as a Fish Habitat
Conservation Partnership pursuant to subsection (e)(1) .
(8) Real property interest.--The term ``real property
interest'' means an ownership interest in--
(A) land; or
(B) water (including water rights).
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(10) State.--The term ``State'' means each of the several
States.
(11) 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 or sustains the
habitat for those fishery resources of the State
pursuant to State law or the constitution of the State.
(d) National Fish Habitat Board.--
(1) Establishment.--
(A) Fish habitat board.--There is established a
board, to be known as the ``National Fish Habitat
Board'', whose duties are--
(i) to promote, oversee, and coordinate the
implementation of this section;
(ii) to establish national goals and
priorities for fish habitat conservation;
(iii) to approve Partnerships; and
(iv) to review and make recommendations
regarding fish habitat conservation projects.
(B) Membership.--The Board shall be composed of 25
members, of whom--
(i) 1 shall be a representative of the
Department of the Interior;
(ii) 1 shall be a representative of the
United States Geological Survey;
(iii) 1 shall be a representative of the
Department of Commerce;
(iv) 1 shall be a representative of the
Department of Agriculture;
(v) 1 shall be a representative of the
Association of Fish and Wildlife Agencies;
(vi) 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;
(vii) 1 shall be a representative of
either--
(I) Indian tribes in the State of
Alaska; or
(II) Indian tribes in States other
than the State of Alaska;
(viii) 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, which is
composed of--
(aa) the Atlantic States
Marine Fisheries Commission;
(bb) the Gulf States Marine
Fisheries Commission; and
(cc) the Pacific States
Marine Fisheries Commission;
(ix) 1 shall be a representative of the
Sportfishing and Boating Partnership Council;
(x) 7 shall be representatives selected
from each of--
(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;
(xi) 1 shall be a representative of a
national private landowner organization;
(xii) 1 shall be a representative of an
agricultural production organization;
(xiii) 1 shall be a representative of local
government interests involved in fish habitat
restoration;
(xiv) 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
(xv) 1 shall be a leadership private sector
or landowner representative of an active
partnership.
(C) Compensation.--A member of the Board shall
serve without compensation.
(D) 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.
(2) Appointment and terms.--
(A) In general.--Except as otherwise provided in
this subsection, a member of the Board described in any
of clauses (vi) through (xiv) of paragraph (1)(B) shall
serve for a term of 3 years.
(B) Initial board membership.--
(i) In general.--The initial Board will
consist of representatives as described in
clauses (i) through (vi) of paragraph (1)(B).
(ii) Remaining members.--Not later than 60
days after the date of enactment of this Act,
the representatives of the initial Board
pursuant to clause (i) shall appoint the
remaining members of the Board described in
clauses (viii) through (xiv) of paragraph
(1)(B).
(iii) 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 3 tribal
representatives, from which the Board shall
appoint 1 representative pursuant to clause
(vii) of paragraph (1)(B).
(C) Transitional terms.--Of the members described
in paragraph (1)(B)(x) initially appointed to the
Board--
(i) 2 shall be appointed for a term of 1
year;
(ii) 2 shall be appointed for a term of 2
years; and
(iii) 3 shall be appointed for a term of 3
years.
(D) Vacancies.--
(i) In general.--A vacancy of a member of
the Board described in any of clauses (viii)
through (xiv) of paragraph (1)(B) shall be
filled by an appointment made by the remaining
members of the Board.
(ii) Tribal representatives.--Following a
vacancy of a member of the Board described in
clause (vii) of paragraph (1)(B), the Secretary
shall recommend to the Board a list of not
fewer than 3 tribal representatives, from which
the remaining members of the Board shall
appoint a representative to fill the vacancy.
(E) 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.
(F) Removal.--If a member of the Board described in
any of clauses (viii) through (xiv) of paragraph (1)(B)
misses 3 consecutive regularly scheduled Board
meetings, the members of the Board may--
(i) vote to remove that member; and
(ii) appoint another individual in
accordance with subparagraph (D).
(3) Chairperson.--
(A) In general.--The representative of the
Association of Fish and Wildlife Agencies appointed
pursuant to paragraph (1)(B)(v) shall serve as
Chairperson of the Board.
(B) Term.--The Chairperson of the Board shall serve
for a term of 3 years.
(4) Meetings.--
(A) In general.--The Board shall meet--
(i) at the call of the Chairperson; but
(ii) not less frequently than twice each
calendar year.
(B) Public access.--All meetings of the Board shall
be open to the public.
(5) Procedures.--
(A) In general.--The Board shall establish
procedures to carry out the business of the Board,
including--
(i) a requirement that a quorum of the
members of the Board be present to transact
business;
(ii) a requirement that no recommendations
may be adopted by the Board, except by the vote
of \2/3\ of all members;
(iii) procedures for establishing national
goals and priorities for fish habitat
conservation for the purposes of this section;
(iv) procedures for designating
Partnerships under subsection (e); and
(v) procedures for reviewing, evaluating,
and making recommendations regarding fish
habitat conservation projects.
(B) Quorum.--A majority of the members of the Board
shall constitute a quorum.
(e) Fish Habitat Partnerships.--
(1) Authority to approve.--The Board may approve and
designate Fish Habitat Partnerships in accordance with this
subsection.
(2) Purposes.--The purposes of a Partnership shall be--
(A) to work with other regional habitat
conservation programs to promote cooperation and
coordination to enhance fish and fish habitats;
(B) to engage local and regional communities to
build support for fish habitat conservation;
(C) to involve diverse groups of public and private
partners;
(D) to develop collaboratively a strategic vision
and achievable implementation plan that is
scientifically sound;
(E) to leverage funding from sources that support
local and regional partnerships;
(F) to use adaptive management principles,
including evaluation of project success and
functionality;
(G) to develop appropriate local or regional
habitat evaluation and assessment measures and criteria
that are compatible with national habitat condition
measures; and
(H) to implement local and regional priority
projects that improve conditions for fish and fish
habitat.
(3) Criteria for approval.--An entity seeking to be
designated as a Partnership shall--
(A) submit to the Board an application at such
time, in such manner, and containing such information
as the Board may reasonably require; and
(B) demonstrate to the Board that the entity has--
(i) a focus on promoting the health of
important fish and fish habitats;
(ii) 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;
(iii) a self-governance structure that
supports the implementation of strategic
priorities for fish habitat;
(iv) the ability to develop local and
regional relationships with a broad range of
entities to further strategic priorities for
fish and fish habitat;
(v) 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;
(vi) the ability to develop and implement
fish habitat conservation projects that address
strategic priorities of the Partnership and the
Board; and
(vii) 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.
(4) Approval.--The Board may approve an application for a
Partnership submitted under paragraph (3) if the Board
determines that the applicant--
(A) 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;
(B) is organized to promote the health of important
fish species and important fish habitats, including
reservoirs, natural lakes, coastal and marine
environments, and estuaries;
(C) 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
decisionmaking;
(D) is able to address issues and priorities on a
nationally significant scale;
(E) includes a governance structure that--
(i) reflects the range of all partners; and
(ii) promotes joint strategic planning and
decisionmaking by the applicant;
(F) demonstrates completion of, or significant
progress toward the development of, a strategic plan to
address the decline in fish populations, rather than
simply treating symptoms, in accordance with the goals
and national priorities established by the Board; and
(G) promotes collaboration in developing a
strategic vision and implementation program that is
scientifically sound and achievable.
(f) Fish Habitat Conservation Projects.--
(1) Submission to board.--Not later than March 31 of each
calendar 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 section.
(2) Recommendations by board.--Not later than July 1 of
each calendar year, the Board shall submit to the Secretary a
priority list of fish habitat conservation projects that
includes the description, including estimated costs, of each
project that the Board recommends that the Secretary approve
and fund under this section for the following fiscal year.
(3) Criteria for project selection.--The Board shall select
each fish habitat conservation project to be recommended to the
Secretary under paragraph (2) after taking into consideration,
at a minimum, the following information:
(A) A recommendation of the Partnership that is, or
will be, participating actively in implementing the
fish habitat conservation project.
(B) The capabilities and experience of project
proponents to implement successfully the proposed
project.
(C) The extent to which the fish habitat
conservation project --
(i) 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 section;
(ii) addresses the national priorities
established by the Board;
(iii) is supported by the findings of the
Habitat Assessment of the Partnership or the
Board, and aligns or is compatible with other
conservation plans;
(iv) identifies appropriate monitoring and
evaluation measures and criteria that are
compatible with national measures;
(v) provides a well-defined budget linked
to deliverables and outcomes;
(vi) leverages other funds to implement the
project;
(vii) addresses the causes and processes
behind the decline of fish or fish habitats;
and
(viii) includes an outreach or education
component that includes the local or regional
community.
(D) The availability of sufficient non-Federal
funds to match Federal contributions for the fish
habitat conservation project, as required by paragraph
(5);
(E) The extent to which the local or regional fish
habitat conservation project--
(i) will increase fish populations in a
manner that leads to recreational fishing
opportunities for the public;
(ii) will be carried out through a
cooperative agreement among Federal, State, and
local governments, Indian tribes, and private
entities;
(iii) increases public access to land or
water for fish and wildlife-dependent
recreational opportunities;
(iv) advances the conservation of fish and
wildlife species that have been identified by
the States as species of greatest conservation
need;
(v) 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
(vi) promotes strong and healthy fish
habitats so that desired biological communities
are able to persist and adapt.
(F) The substantiality of the character and design
of the fish habitat conservation project.
(4) Limitations.--
(A) Requirements for evaluation.--No fish habitat
conservation project may be recommended by the Board
under paragraph (2) or provided financial assistance
under this section unless the fish habitat conservation
project includes an evaluation plan designed using
applicable Board guidance--
(i) to appropriately assess the biological,
ecological, or other results of the habitat
protection, restoration, or enhancement
activities carried out using the assistance;
(ii) 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;
(iii) 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
(iv) to require the submission to the Board
of a report describing the findings of the
assessment.
(B) Acquisition authorities.--
(i) 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
section if the acquisition ensures 1 of--
(I) public access for compatible
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.
(ii) State agency approval.--
(I) In general.--All real property
interest acquisition projects funded
under this section are required to 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.
(iii) Assessment of other authorities.--The
Fish Habitat Partnership shall conduct 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.
(iv) 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,
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.
(5) Non-federal contributions.--
(A) In general.--Except as provided in subparagraph
(B), no fish habitat conservation project may be
recommended by the Board under paragraph (2) or
provided financial assistance under this section unless
at least 50 percent of the cost of the fish habitat
conservation project will be funded with non-Federal
funds.
(B) Non-federal share.--The non-Federal share of
the cost of a fish habitat conservation project--
(i) may not be derived from another Federal
grant program; but
(ii) may include in-kind contributions and
cash.
(C) Special rule for indian tribes.--
Notwithstanding subparagraph (A) or any other provision
of law, any funds made available to an Indian tribe
pursuant to this section may be considered to be non-
Federal funds for the purpose of subparagraph (A).
(6) Approval.--
(A) In general.--Not later than 90 days after the
date of receipt of the recommended priority list of
fish habitat conservation projects under paragraph (2),
subject to the limitations of paragraph (4), and based,
to the maximum extent practicable, on the criteria
described in paragraph (3), 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.
(B) Funding.--If the Secretary approves a fish
habitat conservation project under subparagraph (A),
the Secretary shall use amounts made available to carry
out this section to provide funds to carry out the fish
habitat conservation project.
(C) Notification.--If the Secretary rejects any
fish habitat conservation project recommended by the
Board under paragraph (2), not later than 180 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.
(g) Technical and Scientific Assistance.--
(1) In general.--The Director, the NOAA Assistant
Administrator, the EPA 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 the Partnerships, participants in fish
habitat conservation projects, and the Board.
(2) Inclusions.--Scientific and technical assistance
provided pursuant to paragraph (1) may include--
(A) providing technical and scientific assistance
to States, Indian tribes, regions, local communities,
and nongovernmental organizations in the development
and implementation of Partnerships;
(B) providing technical and scientific assistance
to Partnerships for habitat assessment, strategic
planning, and prioritization;
(C) supporting the development and implementation
of fish habitat conservation projects that are
identified as high priorities by Partnerships and the
Board;
(D) supporting and providing recommendations
regarding the development of science-based monitoring
and assessment approaches for implementation through
Partnerships;
(E) supporting and providing recommendations for a
national fish habitat assessment;
(F) ensuring the availability of experts to assist
in conducting scientifically based evaluation and
reporting of the results of fish habitat conservation
projects; and
(G) providing resources to secure state agency
scientific and technical assistance to support
Partnerships, participants in fish habitat conservation
projects, and the Board.
(h) 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 section, including notification, by not later than 30
days before the date on which the activity is implemented.
(i) 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 NOAA Assistant Administrator, the EPA
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 section; and
(2) any interagency agreements between or among Federal
departments and agencies to address those needs.
(j) Accountability and Reporting.--
(1) Reporting.--
(A) 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 section.
(B) Contents.--Each report submitted under
subparagraph (A) shall include--
(i) 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 of Federal, State,
or local governments, Indian tribes, or other
entities in the United States during the 5-year
period ending on the date of submission of the
report;
(ii) a description of the public access to
fish habitats established or improved during
that 5-year period;
(iii) a description of the improved
opportunities for public recreational fishing;
and
(iv) an assessment of the status of fish
habitat conservation projects carried out with
funds provided under this section during that
period, disaggregated by year, including--
(I) a description of the fish
habitat conservation projects
recommended by the Board under
subsection (f)(2);
(II) a description of each fish
habitat conservation project approved
by the Secretary under subsection
(f)(6), in order of priority for
funding;
(III) a justification for--
(aa) the approval of each
fish habitat conservation
project; and
(bb) 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 subsection (f)(2) that was
based on a factor other than the
criteria described in subsection
(f)(3); and
(V) an accounting of expenditures
by Federal, State, or local
governments, Indian tribes, or other
entities to carry out fish habitat
conservation projects.
(2) Status and trends report.--Not later than December 31,
2016, and every 5 years thereafter, the Board shall submit to
the appropriate congressional committees a report that
includes--
(A) a status of all Partnerships approved under
this section;
(B) a description of the status of fish habitats in
the United States as identified by established
Partnerships; and
(C) enhancements or reductions in public access as
a result of--
(i) the activities of the Partnerships; or
(ii) any other activities carried out
pursuant to this section.
(3) Revisions.--Not later than December 31, 2016, and every
5 years thereafter, the Board shall consider revising the goals
of the Board, after consideration of each report required by
paragraph (2).
(k) Effect of Section.--
(1) Water rights.--Nothing in this section--
(A) establishes any express or implied reserved
water right in the United States for any purpose;
(B) affects any water right in existence on the
date of enactment of this Act;
(C) preempts or affects any State water law or
interstate compact governing water; or
(D) affects any Federal or State law in existence
on the date of enactment of the Act regarding water
quality or water quantity.
(2) Authority to acquire water rights or rights to
property.--Under this section, only a State, local government,
or other non-Federal entity may acquire, under State law, water
rights or rights to property.
(3) State authority.--Nothing in this section--
(A) 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
(B) authorizes the Secretary to control or regulate
within a State the fishing or hunting of fish and
wildlife.
(4) Effect on indian tribes.--Nothing in this section
abrogates, abridges, affects, modifies, supersedes, or alters
any right of an Indian tribe recognized by treaty or any other
means, including--
(A) an agreement between the Indian tribe and the
United States;
(B) Federal law (including regulations);
(C) an Executive order; or
(D) a judicial decree.
(5) Adjudication of water rights.--Nothing in this section
diminishes or affects the ability of the Secretary to join an
adjudication of rights to the use of water pursuant to
subsection (a), (b), or (c) of section 208 of the Department of
Justice Appropriation Act, 1953 (43 U.S.C. 666).
(6) Department of commerce authority.--Nothing in this
section 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.).
(7) Effect on other authorities.--
(A) Private property protection.--Nothing in this
section permits the use of funds made available to
carry out this section to acquire real property or a
real property interest without the written consent of
each owner of the real property or real property
interest.
(B) Mitigation.--Nothing in this section permits
the use of funds made available to carry out this
section for fish and wildlife mitigation purposes
under--
(i) the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.);
(ii) the Fish and Wildlife Coordination Act
(16 U.S.C. 661 et seq.);
(iii) the Water Resources Development Act
of 1986 (Public Law 99-662; 100 Stat. 4082); or
(iv) any other Federal law or court
settlement.
(C) Clean water act.--Nothing in this section
affects any provision of the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), including any
definition in that Act.
(l) 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.
(m) Funding.--
(1) Authorization of appropriations.--
(A) Fish habitat conservation projects.--There is
authorized to be appropriated to the Secretary
$7,200,000 for each of fiscal years 2016 through 2021
to provide funds for fish habitat conservation projects
approved under subsection (f)(6), of which 5 percent
shall be made available for each fiscal year for
projects carried out by Indian tribes.
(B) Administrative and planning expenses.--There is
authorized to be appropriated to the Secretary for each
of fiscal years 2016 through 2021 an amount equal to 5
percent of the amount appropriated for the applicable
fiscal year pursuant to subparagraph (A)--
(i) for administrative and planning
expenses; and
(ii) to carry out subsection (j).
(C) Technical and scientific assistance.--There is
authorized to be appropriated for each of fiscal years
2016 through 2021 to carry out, and provide technical
and scientific assistance under, subsection (g)--
(i) $500,000 to the Secretary for use by
the United States Fish and Wildlife Service;
(ii) $500,000 to the NOAA Assistant
Administrator for use by the National Oceanic
and Atmospheric Administration;
(iii) $500,000 to the EPA Assistant
Administrator for use by the Environmental
Protection Agency; and
(iv) $500,000 to the Secretary for use by
the United States Geological Survey.
(2) Agreements and grants.--The Secretary may--
(A) on the recommendation of the Board, and
notwithstanding sections 6304 and 6305 of title 31,
United States Code, and the Federal Financial
Assistance Management Improvement Act of 1999 (31
U.S.C. 6101 note; Public Law 106-107), enter into a
grant agreement, cooperative agreement, or contract
with a Partnership or other entity for a fish habitat
conservation project or restoration or enhancement
project;
(B) apply for, accept, and use a grant from any
individual or entity to carry out the purposes of this
section; and
(C) make funds available to any Federal department
or agency for use by that department or agency to
provide grants for any fish habitat protection project,
restoration project, or enhancement project that the
Secretary determines to be consistent with this
section.
(3) Donations.--
(A) In general.--The Secretary may--
(i) 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 section; and
(ii) accept donations of funds, property,
and services to carry out the purposes of this
section.
(B) Treatment.--A donation accepted under this
section--
(i) shall be considered to be a gift or
bequest to, or otherwise for the use of, the
United States; and
(ii) may be--
(I) used directly by the Secretary;
or
(II) provided to another Federal
department or agency through an
interagency agreement.
Calendar No. 371
114th CONGRESS
2d Session
S. 659
[Report No. 114-210]
_______________________________________________________________________
A BILL
To protect and enhance opportunities for recreational hunting, fishing,
and shooting, and for other purposes.
_______________________________________________________________________
February 24, 2016
Reported with an amendment