[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1326 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1326
To provide for the preservation of America's outdoor heritage and
enhance recreation opportunities on Federal land, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 22, 2019
Mr. Thompson of California introduced the following bill; which was
referred to the Committee on Natural Resources, and in addition to the
Committees on the Judiciary, Agriculture, Transportation and
Infrastructure, and Appropriations, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for the preservation of America's outdoor heritage and
enhance recreation opportunities on Federal land, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; SECRETARY DEFINED; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Authorizing
Critical Conservation and Enabling Sportsmen and Sportswomen Act'' or
the ``ACCESS Act''.
(b) Secretary Defined.--For the purposes of this Act, the term
``Secretary'' means the Secretary of the Interior unless otherwise
specifically indicated.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; Secretary defined; table of contents.
TITLE I--NORTH AMERICAN WETLANDS CONSERVATION ACT REAUTHORIZATION
Sec. 101. North American Wetlands Conservation Act.
TITLE II--UNITED STATES FISH AND WILDLIFE SERVICE RESOURCE PROTECTION
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Liability.
Sec. 204. Actions.
Sec. 205. Use of recovered amounts.
Sec. 206. Donations.
Sec. 207. Transfer of funds from Natural Resource Damage Assessment and
Restoration Fund.
TITLE III--GREAT LAKES MONITORING, ASSESSMENT, SCIENCE, AND RESEARCH
Sec. 301. Great Lakes monitoring, assessment, science, and research.
TITLE IV--NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT
REAUTHORIZATION
Sec. 401. National Fish and Wildlife Foundation Establishment Act.
TITLE V--FISH HABITAT CONSERVATION
Sec. 501. National fish habitat conservation through partnerships.
TITLE VI--TARGET PRACTICE AND MARKSMANSHIP TRAINING SUPPORT
Sec. 601. Short title.
Sec. 602. Definition of public target range.
Sec. 603. Amendments to Pittman-Robertson Wildlife Restoration Act.
Sec. 604. Limits on liability.
Sec. 605. Sense of Congress regarding cooperation.
TITLE VII--WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY
COMMITTEE
Sec. 701. Wildlife and Hunting Heritage Conservation Council Advisory
Committee.
TITLE VIII--FILM CREWS
Sec. 801. Commercial filming.
TITLE IX--CHESAPEAKE BAY
Sec. 901. Reauthorization of Chesapeake Bay Program.
Sec. 902. Reauthorization of Chesapeake Bay Initiative Act of 1998.
TITLE X--CHRONIC WASTING DISEASE MANAGEMENT
Sec. 1001. Short title.
Sec. 1002. Definitions.
Sec. 1003. Findings.
Sec. 1004. Support for State efforts to manage and control chronic
wasting disease.
Sec. 1005. Support for applied research regarding chronic wasting
disease.
Sec. 1006. Multi-agency cooperation with States to address chronic
wasting disease.
TITLE XI--CHRONIC WASTING DISEASE TRANSMISSION IN CERVIDAE STUDY
Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Chronic wasting disease transmission in cervidae resource
study.
Sec. 1104. Definitions.
TITLE XII--MISCELLANEOUS PROVISIONS
Sec. 1201. Respect for treaties and rights.
Sec. 1202. No priority over other uses.
Sec. 1203. State authority for fish and wildlife.
TITLE I--NORTH AMERICAN WETLANDS CONSERVATION ACT REAUTHORIZATION
SEC. 101. 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) $75,000,000 for each of fiscal years 2020 through
2024.''.
TITLE II--UNITED STATES FISH AND WILDLIFE SERVICE RESOURCE PROTECTION
SEC. 201. SHORT TITLE.
This title may be cited as the ``United States Fish and Wildlife
Service Resource Protection Act''.
SEC. 202. DEFINITIONS.
In this title:
(1) Damages.--The term ``damages'' means--
(A) compensation for--
(i)(I) the cost of replacing, restoring, or
acquiring the equivalent of a system resource;
and
(II) the value of any significant loss of
use of a system resource, pending--
(aa) restoration or replacement of
the system resource; or
(bb) the acquisition of an
equivalent resource; or
(ii) the value of a system resource, if the
system resource cannot be replaced or restored;
and
(B) the cost of any relevant damage assessment
carried out pursuant to section 204(c).
(2) Response cost.--The term ``response cost'' means the
cost of any action carried out by the Secretary--
(A) to prevent, minimize, or abate destruction or
loss of, or injury to, a system resource;
(B) to abate or minimize the imminent risk of such
destruction, loss, or injury; or
(C) to monitor the ongoing effects of any incident
causing such destruction, loss, or injury.
(3) System resource.--The term ``system resource'' means
any living, nonliving, historical, cultural, or archeological
resource that is located within the boundaries of--
(A) a unit of the National Wildlife Refuge System;
(B) a unit of the National Fish Hatchery System; or
(C) any other land managed by the United States
Fish and Wildlife Service, including any land managed
cooperatively with any other Federal or State agency.
SEC. 203. LIABILITY.
(a) In General.--Subject to subsection (c), any individual or
entity that destroys, causes the loss of, or injures any system
resource, or that causes the Secretary to carry out any action to
prevent, minimize, or abate destruction or loss of, or injuries or risk
to, any system resource, shall be liable to the United States for any
response costs or damages resulting from the destruction, loss, or
injury.
(b) Liability in Rem.--Any instrumentality (including a vessel,
vehicle, aircraft, or other equipment or mechanism) that destroys,
causes the loss of, or injures any system resource, or that causes the
Secretary to carry out any action to prevent, minimize, or abate
destruction or loss of, or injury or risk to, a system resource shall
be liable in rem to the United States for any response costs or damages
resulting from the destruction, loss, or injury, to the same extent
that an individual or entity is liable under subsection (a).
(c) Defenses.--An individual or entity shall not be liable under
this section, if the individual or entity can establish that--
(1) the destruction or loss of, or injury to, the system
resource was caused solely by an act of God or an act of war;
or
(2)(A) the individual or entity exercised due care; and
(B) the destruction or loss of, or injury to, the system
resource was caused solely by an act or omission of a third
party, other than an employee or agent of the individual or
entity.
(d) Scope.--The liability established by this section shall be in
addition to any other liability arising under Federal or State law.
SEC. 204. ACTIONS.
(a) Civil Actions for Response Costs and Damages.--The Attorney
General, on request of the Secretary, may commence a civil action in
the United States district court of appropriate jurisdiction against
any individual, entity, or instrumentality that may be liable under
section 203 for response costs or damages.
(b) Administrative Actions for Response Costs and Damages.--
(1) Action by secretary.--
(A) In general.--Subject to paragraph (2), the
Secretary, after making a finding described in
subparagraph (B), may consider, compromise, and settle
a claim for response costs and damages if the claim has
not been referred to the Attorney General under
subsection (a).
(B) Description of findings.--A finding referred to
in subparagraph (A) is a finding that--
(i) destruction or loss of, or injury to, a
system resource has occurred; or
(ii) such destruction, loss, or injury
would occur absent an action by the Secretary
to prevent, minimize, or abate the destruction,
loss, or injury.
(2) Requirement.--In any case in which the total amount to
be recovered in a civil action under subsection (a) may exceed
$500,000 (excluding interest), a claim may be compromised and
settled under paragraph (1) only with the prior written
approval of the Attorney General.
(c) Response Actions, Assessments of Damages, and Injunctive
Relief.--
(1) In general.--The Secretary may carry out all necessary
actions (including making a request to the Attorney General to
seek injunctive relief)--
(A) to prevent, minimize, or abate destruction or
loss of, or injury to, a system resource; or
(B) to abate or minimize the imminent risk of such
destruction, loss, or injury.
(2) Assessment and monitoring.--
(A) In general.--The Secretary may assess and
monitor the destruction or loss of, or injury to, any
system resource for purposes of paragraph (1).
(B) Judicial review.--Any determination or
assessment of damage to a system resource carried out
under subparagraph (A) shall be subject to judicial
review under subchapter II of chapter 5, and chapter 7,
of title 5, United States Code (commonly known as the
``Administrative Procedure Act''), on the basis of the
administrative record developed by the Secretary.
SEC. 205. USE OF RECOVERED AMOUNTS.
(a) In General.--An amount equal to the total amount of the
response costs and damages recovered by the Secretary under this title
and any amounts recovered by the Federal Government under any provision
of Federal, State, or local law (including regulations) or otherwise as
a result of the destruction or loss of, or injury to, any system
resource shall be made available to the Secretary, without further
appropriation, for use in accordance with subsection (b).
(b) Use.--The Secretary may use amounts made available under
subsection (a) only, in accordance with applicable law--
(1) to reimburse response costs and damage assessments
carried out pursuant to this title by the Secretary or such
other Federal agency as the Secretary determines to be
appropriate;
(2) to restore, replace, or acquire the equivalent of a
system resource that was destroyed, lost, or injured; or
(3) to monitor and study system resources.
SEC. 206. DONATIONS.
(a) In General.--In addition to any other authority to accept
donations, the Secretary may accept donations of money or services for
expenditure or use to meet expected, immediate, or ongoing response
costs and damages.
(b) Timing.--A donation described in subsection (a) may be expended
or used at any time after acceptance of the donation, without further
action by Congress.
SEC. 207. TRANSFER OF FUNDS FROM NATURAL RESOURCE DAMAGE ASSESSMENT AND
RESTORATION FUND.
The matter under the heading ``Natural resource damage assessment
and restoration fund'' under the heading ``United states fish and
wildlife service'' of title I of the Department of the Interior and
Related Agencies Appropriations Act, 1994 (43 U.S.C. 1474b-1), is
amended by striking ``Provided, That'' and all that follows through
``activities.'' and inserting the following: ``Provided, That
notwithstanding any other provision of law, any amounts appropriated or
credited during fiscal year 1992 or any fiscal year thereafter may be
transferred to any account (including through a payment to any Federal
or non-Federal trustee) to carry out a negotiated legal settlement or
other legal action for a restoration activity under the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), the Act
of July 27, 1990 (16 U.S.C. 19jj et seq.), or the United States Fish
and Wildlife Service Resource Protection Act, or for any damage
assessment activity: Provided further, That sums provided by any
individual or entity before or after the date of enactment of this Act
shall remain available until expended and shall not be limited to
monetary payments, but may include stocks, bonds, or other personal or
real property, which may be retained, liquidated, or otherwise disposed
of by the Secretary for the restoration of injured resources or to
conduct any new damage assessment activity.''.
TITLE III--GREAT LAKES MONITORING, ASSESSMENT, SCIENCE, AND RESEARCH
SEC. 301. GREAT LAKES MONITORING, ASSESSMENT, SCIENCE, AND RESEARCH.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the United States Geological Survey.
(2) Great lakes basin.--The term ``Great Lakes Basin''
means the air, land, water, and living organisms in the United
States within the drainage basin of the Saint Lawrence River at
and upstream from the point at which such river and the Great
Lakes become the international boundary between Canada and the
United States.
(b) Findings.--Congress finds the following:
(1) The Great Lakes support a diverse ecosystem, on which
the vibrant and economically valuable Great Lakes fisheries
depend.
(2) To continue successful fisheries management and
coordination, as has occurred since signing of the Convention
on Great Lakes Fisheries between the United States and Canada
on September 10, 1954, management of the ecosystem and its
fisheries require sound, reliable science, and the use of
modern scientific technologies.
(3) Fisheries research is necessary to support multi-
jurisdictional fishery management decisions and actions
regarding recreational and sport fishing, commercial fisheries,
Tribal harvest, allocation decisions, and fish stocking
activities.
(4) President Richard Nixon submitted, and the Congress
approved, Reorganization Plan No. 4 (84 Stat. 2090), conferring
science activities and management of marine fisheries to the
National Oceanic and Atmospheric Administration.
(5) Reorganization Plan No. 4 expressly excluded fishery
research activities within the Great Lakes from the transfer,
retaining management and scientific research duties within the
already-established jurisdictions under the 1954 Convention on
Great Lakes Fisheries, including those of the Great Lakes
Fishery Commission and the Department of the Interior.
(c) Monitoring, Assessment, Science, and Research.--
(1) In general.--The Director may conduct monitoring,
assessment, science, and research, in support of the binational
fisheries within the Great Lakes Basin.
(2) Specific authorities.--The Director shall, under
paragraph (1)--
(A) execute a comprehensive, multi-lake, freshwater
fisheries science program;
(B) coordinate with and work cooperatively with
regional, State, Tribal, and local governments; and
(C) consult with other interested entities groups,
including academia and relevant Canadian agencies.
(3) Included research.--To properly serve the needs of
fisheries managers, monitoring, assessment, science, and
research under this section may include--
(A) deepwater ecosystem sciences;
(B) biological and food-web components;
(C) fish movement and behavior investigations;
(D) fish population structures;
(E) fish habitat investigations;
(F) invasive species science;
(G) use of existing, new, and experimental
biological assessment tools, equipment, vessels, other
scientific instrumentation and laboratory capabilities
necessary to support fishery management decisions; and
(H) studies to assess impacts on Great Lakes
Fishery resources.
(4) Savings clause.--Nothing in this section is intended or
shall be construed to impede, supersede, or alter the authority
of the Great Lakes Fishery Commission, States, and Indian
Tribes under the Convention on Great Lakes Fisheries between
the United States of America and Canada on September 10, 1954,
and the Great Lakes Fishery Act of 1956 (16 U.S.C. 931 et
seq.).
(d) Authorization of Appropriations.--For each of fiscal years 2020
through 2024, there is authorized to be appropriated $15,000,000 to
carry out this section.
TITLE IV--NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT
REAUTHORIZATION
SEC. 401. 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) 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 Foundation.--Section 4 of the
National Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3703) is amended--
(1) in subsection (c)--
(A) in paragraph (4), 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'';
(B) in paragraph (5), by striking ``paragraph (3)
or (4)'' and inserting ``subparagraph (C) or (D)'';
(C) in paragraph (10), by striking ``; and'' and
inserting a semicolon;
(D) by striking paragraph (11);
(E) by striking ``For the purposes'' and all that
follows through ``of the Foundation.'';
(F) by inserting after paragraph (10) the
following:
``(11) 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
``(12) to do acts necessary to carry out the purposes of
the Foundation.'';
(G) 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'';
(H) by redesignating paragraphs (1) through (12) as
subparagraphs (A) through (L), respectively, and
indenting appropriately; and
(I) by inserting after subparagraph (L) 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 2020 through
2024--
``(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''.
TITLE V--FISH HABITAT CONSERVATION
SEC. 501. NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS.
(a) 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.
(b) 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 (c)(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. 5304).
(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 Congress as a Fish Habitat
Partnership under subsection (d)(6) after a recommendation by
the Board under subsection (d)(1).
(8) Real property interest.--The term ``real property
interest'' means an ownership interest in--
(A) land; or
(B) water (including water rights).
(9) State.--The term ``State'' means each of the several
States.
(10) 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.
(c) 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 recommend to Congress entities for
designation as 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) 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 paragraph
(1)(B)(vii).
(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
paragraph (1)(B)(vii), 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 (d); 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.
(d) Fish Habitat Partnerships.--
(1) Authority to recommend.--The Board may recommend to
Congress the designation of 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 designation.--An entity seeking to be
designated by Congress 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 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) Requirements for recommendation to congress.--The Board
may recommend to Congress for designation an application for a
Partnership submitted under paragraph (3)(A) if the Board
determines that the applicant--
(A) meets the criteria described in paragraph
(3)(B);
(B) 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;
(C) is organized to promote the health of important
fish species and important fish habitats, including
reservoirs, natural lakes, coastal and marine
environments, and estuaries;
(D) 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;
(E) is able to address issues and priorities on a
nationally significant scale;
(F) includes a governance structure that--
(i) reflects the range of all partners; and
(ii) promotes joint strategic planning and
decision making by the applicant;
(G) 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
(H) promotes collaboration in developing a
strategic vision and implementation program that is
scientifically sound and achievable.
(5) Report to congress.--
(A) 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--
(i) identifies any entity that--
(I) meets the requirements
described in paragraph (4); and
(II) the Board recommends for
designation as a Partnership;
(ii) describes any proposed modifications
to a Partnership previously designated by
Congress under paragraph (6); and
(iii) 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 paragraph (4).
(B) Public availability; notification.--The Board
shall--
(i) make the report publicly available,
including on the internet; and
(ii) 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.
(6) Designation or modification of partnership.--Congress
shall have the sole authority to designate or modify a
Partnership.
(7) Existing partnerships.--
(A) Designation review.--Not later than 5 years
after the date of enactment of this Act, any fish
habitat 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
paragraph (6).
(B) Ineligibility for federal funds.--A Partnership
referred to in subparagraph (A) that Congress does not
designate as described in that subparagraph shall be
ineligible to receive Federal funds under this section.
(e) 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 one 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.
(f) 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.
(g) 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.
(h) 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.
(i) 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 (e)(2);
(II) a description of each fish
habitat conservation project approved
by the Secretary under subsection
(e)(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 (e)(2) that was
based on a factor other than the
criteria described in subsection
(e)(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,
2020, and every 5 years thereafter, the Board shall submit to
the appropriate congressional committees a report that
includes--
(A) a status of all Partnerships designated 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.
(j) 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.
(k) 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.
(l) 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 2020 through 2024
to provide funds for fish habitat conservation projects
approved under subsection (e)(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 2020 through 2024 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 (i).
(C) Technical and scientific assistance.--There is
authorized to be appropriated for each of fiscal years
2020 through 2024 to carry out, and provide technical
and scientific assistance under, subsection (f)--
(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.
(m) Prohibition Against Implementation of Regulatory Authority by
Federal Agencies.--Any Partnership designated under this section--
(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 VI--TARGET PRACTICE AND MARKSMANSHIP TRAINING SUPPORT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Target Practice and Marksmanship
Training Support Act''.
SEC. 602. DEFINITION OF PUBLIC TARGET RANGE.
In this title, 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.
SEC. 603. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT.
(a) Definitions.--Section 2 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a) is amended--
(1) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively; and
(2) 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;''.
(b) 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--
(1) 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'';
(2) in paragraph (1) (as so designated), by striking
``construction, operation,'' and inserting ``operation'';
(3) in the second sentence, by striking ``The non-Federal
share'' and inserting the following:
``(3) Non-federal share.--The non-Federal share'';
(4) in the third sentence, by striking ``The Secretary''
and inserting the following:
``(4) Regulations.--The Secretary''; and
(5) by inserting after paragraph (1) (as designated by
paragraph (1) of this subsection) 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.''.
(c) 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--
(1) 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.'';
(2) 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
(3) in subsection (c)(1)--
(A) by striking ``Amounts made'' and inserting the
following:
``(A) In general.--Except as provided in
subparagraph (B), amounts made''; and
(B) 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.''.
SEC. 604. LIMITS ON LIABILITY.
(a) Discretionary Function.--For purposes of chapter 171 of title
28, United States Code (commonly referred to as the ``Federal Tort
Claims Act''), any action by an agent or employee of the United States
to manage or allow the use of Federal land for purposes of target
practice or marksmanship training by a member of the public shall be
considered to be the exercise or performance of a discretionary
function.
(b) Civil Action or Claims.--Except to the extent provided in
chapter 171 of title 28, United States Code, the United States shall
not be subject to any civil action or claim for money damages for any
injury to or loss of property, personal injury, or death caused by an
activity occurring at a public target range that is--
(1) funded in whole or in part by the Federal Government
pursuant to the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669 et seq.); or
(2) located on Federal land.
SEC. 605. SENSE OF CONGRESS REGARDING COOPERATION.
It is the sense of Congress that, consistent with applicable laws
and 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.
TITLE VII--WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY
COMMITTEE
SEC. 701. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY
COMMITTEE.
The Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) is
amended by adding at the end the following:
``SEC. 10. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY
COMMITTEE.
``(a) Establishment.--There is established the Wildlife and Hunting
Heritage Conservation Council Advisory Committee (referred to in this
section as the `Advisory Committee') to advise the Secretary of the
Interior and the Secretary of Agriculture (referred to in this section
as the `Secretaries') on wildlife and habitat conservation, hunting,
and recreational shooting.
``(b) Duties of the Advisory Committee.--The Advisory Committee
shall advise the Secretaries regarding--
``(1) implementation of the `Recreational Hunting and
Wildlife Resource Conservation Plan--A Ten-Year Plan for
Implementation' and any successor plans, in accordance with
Executive Order 13443 (16 U.S.C. 661 note; relating to
facilitation of hunting heritage and wildlife conservation);
``(2) increasing public awareness of, and support for, the
Wildlife Restoration Program;
``(3) fostering wildlife and habitat conservation and
ethics in hunting and shooting sports recreation;
``(4) stimulating the participation of sportsmen and
sportswomen in the conservation and management of wildlife and
habitat resources through outreach and education;
``(5) fostering communication and coordination among--
``(A) the Federal Government and State and Tribal
governments;
``(B) industry;
``(C) sportsmen and sportswomen who hunt and shoot;
``(D) wildlife and habitat conservation and
management organizations; and
``(E) the public;
``(6) providing appropriate access to Federal land for
recreational shooting and hunting; and
``(7) recommendations to improve implementation of Federal
conservation programs that benefit wildlife, hunting, and
outdoor recreation on private land.
``(c) Membership.--
``(1) Appointment.--
``(A) In general.--The Advisory Committee shall
consist of not more than 16 discretionary members and 7
ex officio members.
``(B) Ex officio members.--The ex officio members
are--
``(i) the Director of the United States
Fish and Wildlife Service or a designated
representative of the Director;
``(ii) the Director of the Bureau of Land
Management or a designated representative of
the Director;
``(iii) the Director of the National Park
Service or a designated representative of the
Director;
``(iv) the Chief of the Forest Service or a
designated representative of the Chief;
``(v) the Chief of the Natural Resources
Conservation Service or a designated
representative of the Chief;
``(vi) the Administrator of the Farm
Service Agency or a designated representative
of the Administrator; and
``(vii) the Executive Director of the
Association of Fish and Wildlife Agencies.
``(C) Discretionary members.--The discretionary
members shall be appointed jointly by the Secretaries
from at least one of each of the following:
``(i) State fish and wildlife management
agencies.
``(ii) Wildlife and habitat conservation
management organizations.
``(iii) Game bird hunting organizations.
``(iv) Waterfowl hunting organizations.
``(v) Big game hunting organizations.
``(vi) The tourism, outfitter, or guiding
industry relating to hunting, fishing, and
shooting sports.
``(vii) The hunting or shooting equipment
retail industry.
``(viii) Tribal resource management
organizations.
``(ix) Hunting, shooting, and fishing
sports outreach and education organizations.
``(x) Women's hunting and fishing advocacy,
outreach, or education organizations.
``(xi) Minority hunting and fishing
advocacy, outreach, or education organizations.
``(xii) Veterans service organizations.
``(2) Terms.--
``(A) In general.--Except as provided in
subparagraph (B), members of the Advisory Committee
shall be appointed for a term of 4 years. Members shall
not be appointed for more than 3 terms.
``(B) Terms of initial appointees.--As designated
by the Secretaries at the time of appointment, of the
members first appointed--
``(i) 6 members shall be appointed for a
term of 4 years;
``(ii) 5 members shall be appointed for a
term of 3 years; and
``(iii) 5 members shall be appointed for a
term of 2 years.
``(3) Preservation of public advisory status.--No
individual may be appointed as a discretionary member of the
Advisory Committee while serving as an officer or employee of
the Federal Government.
``(4) Vacancy and removal.--
``(A) In general.--Any vacancy on the Advisory
Committee shall be filled in the manner in which the
original appointment was made.
``(B) Removal.--Advisory Committee members shall
serve at the discretion of the Secretaries and may be
removed at any time for good cause.
``(5) Continuation of service.--Each appointed member may
continue to serve after the expiration of the term of office to
which such member was appointed until a successor has been
appointed.
``(6) Chairperson.--The Chairperson of the Advisory
Committee shall be appointed for a 3-year term by the
Secretaries, jointly, from among the members of the Advisory
Committee. An individual may not be appointed as Chairperson
for more than 2 terms.
``(7) Compensation.--Members of the Advisory Committee
shall serve without compensation.
``(8) Travel expenses.--Members of the Advisory Committee
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 duties of the Advisory
Committee.
``(9) Meetings.--
``(A) In general.--The Advisory Committee shall
meet at the call of the Chairperson, but not less
frequently than twice annually.
``(B) Open meetings.--Each meeting of the Advisory
Committee shall be open to the public.
``(C) Prior notice of meetings.--Timely notice of
each meeting of the Advisory Committee shall be
published in the Federal Register and be submitted to
trade publications and publications of general
circulation.
``(D) Subgroups.--The Advisory Committee may
establish such workgroups or subgroups as the Advisory
Committee deems necessary for the purpose of compiling
information or conducting research.
``(10) Quorum.--A majority of the members of the Advisory
Committee shall constitute a quorum.
``(d) Expenses, Administrative Support, Technical Services, and
Advice.--The Secretaries may provide for expenses, administrative
support, technical services, and advice to the Advisory Committee that
the Secretaries determine to be appropriate.
``(e) Annual Report.--
``(1) Required.--Not later than September 30 of each year,
the Advisory Committee shall submit a report to the
Secretaries, the Committee on Natural Resources and the
Committee on Agriculture of the House of Representatives, and
the Committee on Energy and Natural Resources and the Committee
on Agriculture, Nutrition, and Forestry of the Senate.
``(2) Contents.--The report required under paragraph (1)
shall describe--
``(A) the activities of the Advisory Committee
during the preceding year;
``(B) the reports and recommendations made by the
Advisory Committee to the Secretaries during the
preceding year; and
``(C) an accounting of actions taken by the
Secretaries as a result of the recommendations.
``(f) Federal Advisory Committee Act.--The Advisory Committee shall
be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).''.
TITLE VIII--FILM CREWS
SEC. 801. COMMERCIAL FILMING.
(a) In General.--Section 1 of Public Law 106-206 (16 U.S.C. 460l-
6d) is amended--
(1) by redesignating subsections (a) through (f) as
subsections (b) through (g), respectively;
(2) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Definition of Secretary.--The term `Secretary' means the
Secretary of the Interior or the Secretary of Agriculture, as
applicable, with respect to land under the respective jurisdiction of
the Secretary.'';
(3) in subsection (b) (as so redesignated)--
(A) in paragraph (1)--
(i) in the first sentence--
(I) by striking ``of the Interior
or the Secretary of Agriculture
(hereafter individually referred to as
the `Secretary' with respect to land
(except land in a System unit as
defined in section 100102 of title 54,
United States Code) under their
respective jurisdictions)''; and
(II) by striking ``or similar
projects'';
(ii) in subparagraph (A), by striking ``or
similar project''; and
(iii) in subparagraph (B), by inserting ``,
except in the case of film crews of three or
fewer individuals'' before the period at the
end; and
(B) by adding at the end the following:
``(3) Fee schedule.--Not later than 180 days after the date
of enactment of the Sportsmen's Act, to enhance consistency in
the management of Federal land, the Secretaries shall publish a
single joint land use fee schedule for commercial filming and
still photography.'';
(4) in subsection (c) (as so redesignated), in the second
sentence, by striking ``subsection (a)'' and inserting
``subsection (b)'';
(5) in subsection (d) (as so redesignated), in the heading,
by inserting ``commercial'' before ``still'';
(6) in paragraph (1) of subsection (f) (as so
redesignated), by inserting ``in accordance with the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.),''
after ``without further appropriation,'';
(7) in subsection (g) (as so redesignated)--
(A) by striking ``The Secretary shall'' and
inserting the following:
``(1) In general.--The Secretary shall''; and
(B) by adding at the end the following:
``(2) Considerations.--The Secretary shall not consider
subject matter or content as a criterion for issuing or denying
a permit under this Act.''; and
(8) by adding at the end the following:
``(h) Exemption From Commercial Filming or Still Photography
Permits and Fees.--The Secretary shall not require persons holding
commercial use authorizations or special recreation permits to obtain
an additional permit or pay a fee for commercial filming or still
photography under this Act if--
``(1) the filming or photography conducted is incidental to
the permitted activity that is the subject of the commercial
use authorization or special recreation permit; and
``(2) the holder of the commercial use authorization or
special recreation permit is an individual or small business
concern (within the meaning of section 3 of the Small Business
Act (15 U.S.C. 632)).
``(i) Exception From Certain Fees.--Commercial filming or
commercial still photography shall be exempt from fees under this Act,
but not from recovery of costs under subsection (c), if the activity--
``(1) is conducted by an entity that is a small business
concern (within the meaning of section 3 of the Small Business
Act (15 U.S.C. 632));
``(2) is conducted by a crew of not more than 3
individuals; and
``(3) uses only a camera and tripod.
``(j) Applicability to News Gathering Activities.--
``(1) In general.--News gathering shall not be considered a
commercial activity.
``(2) Included activities.--In this subsection, the term
`news gathering' includes, at a minimum, the gathering,
recording, and filming of news and information related to news
in any medium.''.
(b) Conforming Amendments.--Chapter 1009 of title 54, United States
Code, is amended--
(1) by striking section 100905; and
(2) in the table of sections for chapter 1009 of title 54,
United States Code, by striking the item relating to section
100905.
TITLE IX--CHESAPEAKE BAY
SEC. 901. REAUTHORIZATION OF CHESAPEAKE BAY PROGRAM.
Section 117(j) of the Federal Water Pollution Control Act (33
U.S.C. 1267) is amended to read as follows:
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $90,000,000 for each of fiscal
years 2020 through 2024.''.
SEC. 902. REAUTHORIZATION OF CHESAPEAKE BAY INITIATIVE ACT OF 1998.
Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (Public
Law 105-312; 112 Stat. 2963; 129 Stat. 2579) is amended by striking
``2017'' and inserting ``2024''.
TITLE X--CHRONIC WASTING DISEASE MANAGEMENT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Chronic Wasting Disease Management
Act''.
SEC. 1002. DEFINITIONS.
In this title:
(1) Chronic wasting disease.--The term ``chronic wasting
disease'' means the animal disease afflicting among 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.
(2) Eligible grant recipient.--The term ``eligible grant
recipient'' means a State department of wildlife, State
department of agriculture, college or university, or related
research center conducting scientific applied research
regarding chronic wasting disease.
(3) 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).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Animal and Plant Health
Inspection Service-Wildlife Services.
SEC. 1003. FINDINGS.
Congress finds the following:
(1) Pursuant to State and Federal law, the States retain
primary and policymaking authority with regard to wildlife
management, and nothing in this title interferes with or
otherwise affects the primary authority of the States in
managing wildlife generally, or managing, surveying, and
monitoring the incidence of chronic wasting disease.
(2) Chronic wasting disease, the fatal neurological disease
found in cervids, is a fundamental threat to the health and
vibrancy of deer, elk, and moose populations, and the increased
occurrence of chronic wasting disease in regionally diverse
locations in recent months necessitates an escalation in
applied research, surveillance, monitoring, and management
activities focused on containing and managing this lethal
disease.
(3) As the States move to manage existing levels of chronic
wasting disease and insulate noninfected wild and captive
cervid populations from the disease, the Federal Government
should endeavor to provide integrated and holistic financial
and technical support to these States and the many State
departments of wildlife, State departments of agriculture,
colleges and universities, and related research centers
conducting scientific applied research regarding chronic
wasting disease.
(4) The Secretary should provide consistent, coherent, and
integrated support structures and programs for the benefit of
State wildlife and agricultural administrators, as chronic
wasting disease can move freely between captive and wild
cervids across the broad array of Federal, State, Tribal, and
local land management jurisdictions.
(5) The Secretary can provide consistent, coherent, and
integrated support systems under existing legal authorities to
States and the many State departments of wildlife, State
departments of agriculture, colleges and universities, and
related research centers conducting scientific applied research
regarding chronic wasting disease.
SEC. 1004. SUPPORT FOR STATE EFFORTS TO MANAGE AND CONTROL CHRONIC
WASTING DISEASE.
(a) Availability of Assistance.--The Secretary shall allocate funds
made available under subparagraphs (A) and (B) of subsection (e)(1)
directly to State and Tribal agencies responsible for wildlife
management to support State and Tribal efforts to develop and implement
management strategies to address chronic wasting disease.
(b) Petition Process.--A State or Tribal agency shall petition the
Secretary for a portion of the funds available under subsection (a).
(c) Funding Priorities.--In determining the amounts to be allocated
to State and Tribal agencies under subsection (a), the Secretary shall
give priority to States and Tribal agencies based on the following
criteria:
(1) Relative scope of incidence of chronic wasting disease
on lands of the State or Indian Tribe, with priority given to
those States and Indian Tribes with the highest incidence of
the disease.
(2) State or Tribal expenditures on chronic wasting disease
management, monitoring, surveillance, and applied research,
with priority given to those States and Indian Tribes that have
shown the greatest financial commitment to managing,
monitoring, surveying, and researching chronic wasting disease.
(3) Comprehensive and integrated State or Tribal policies
and programs focused on chronic wasting disease management
between involved State or Tribal wildlife and agricultural
agencies, with priority given to those States and Indian Tribes
that have integrated the programs and policies of all involved
agencies related to chronic wasting disease management.
(4) Rapid response to new outbreaks of chronic wasting
disease, whether occurring in areas in which chronic wasting
disease is already found or areas with first infections, with
the intent of containing the disease in any new area of
infection.
(d) Rapid Response Fund.--The Secretary shall use funds made
available under subsection (e)(1)(C) as a rapid response fund to
support State and Tribal efforts to control the spread of chronic
wasting disease upon the detection of chronic wasting disease among
deer, elk, or moose populations not previously infected.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary $35,000,000 to support State and Tribal efforts
to manage and control chronic wasting disease, of which--
(A) $20,000,000 shall be allocated to States under
subsection (a);
(B) $5,000,000 shall be allocated to Tribal
agencies under subsection (a); and
(C) $10,000,000 shall be retained for the rapid
response fund under subsection (d).
(2) Availability.--Funds appropriated pursuant to the
authorization of appropriations in paragraph (1) shall remain
available until expended.
(3) Limitation on administrative costs.--Not more than
three percent of the amount appropriated pursuant to the
authorization of appropriations in paragraph (1) may be used to
cover administrative expenses incurred by the Secretary.
SEC. 1005. SUPPORT FOR APPLIED RESEARCH REGARDING CHRONIC WASTING
DISEASE.
(a) Expansion of Applied Research Grants.--The Secretary shall make
grants to support efforts to expand and accelerate applied research on
chronic wasting disease, including (but not limited to) research
regarding the following:
(1) Sustainable cervid harvest management practices to
reduce chronic wasting disease occurrence and to prevent or
limit spatial spread of chronic wasting disease.
(2) Management experiments and strategies designed for
long-term suppression of chronic wasting disease.
(3) Harvest management practices and other practices that
exacerbate chronic wasting disease occurrence, with an emphasis
on retrospective analyses of available harvest management and
chronic wasting disease trend data.
(4) Factors contributing to local emergence of chronic
wasting disease, increased prevalence of chronic wasting
disease, and distribution of chronic wasting disease, including
mechanisms of disease transmission and effective barriers to
transmission.
(5) Methods and products to effectively detect infectious
prions in, and decontaminate infectious prions from natural
environments and inorganic surfaces.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary $10,000,000 to make grants under subsection (a).
(2) Availability.--Funds appropriated pursuant to the
authorization of appropriations in paragraph (1) shall remain
available until expended.
(3) Limitation on administrative costs.--Not more than
three percent of the amount appropriated pursuant to the
authorization of appropriations in paragraph (1) may be used to
cover administrative expenses incurred by the Secretary.
SEC. 1006. MULTI-AGENCY COOPERATION WITH STATES TO ADDRESS CHRONIC
WASTING DISEASE.
Land management agencies of the Department of Agriculture and the
Department of the Interior shall work cooperatively with States--
(1) in the conduct of applied research regarding chronic
wasting disease; and
(2) in the implementation of State chronic wasting disease
response plans to reduce the spread and prevalence of chronic
wasting disease.
TITLE XI--CHRONIC WASTING DISEASE TRANSMISSION IN CERVIDAE STUDY
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Chronic Wasting Disease
Transmission in Cervidae Study Act''.
SEC. 1102. FINDINGS.
Congress makes the following findings:
(1) Chronic wasting disease continues to spread in wild,
free-ranging cervid herds and in captive cervid herds across
the United States and Canada, and as of December 2018, is in 26
States and three Canadian provinces.
(2) From December 2017 to December 2018 alone, the disease
was detected for the first time in free-ranging cervid herds in
Mississippi, Montana, and Tennessee, and there were new
positive detections of the disease in 13 captive cervid herds
from Illinois, Michigan, Minnesota, Ohio, Pennsylvania,
Wisconsin, and Quebec, Canada.
(3) Six of such herds are being monitored by the National
Chronic Wasting Disease Herd Certification Program of the
Animal and Plant Health Inspection Service, and therefore are
considered to be at low risk for chronic wasting disease.
(4) From June 2017 to September 2018, 10 States, including
Arkansas, Illinois, Kansas, Minnesota, Missouri, Nebraska,
Texas, West Virginia, Wisconsin, and Wyoming, are already
fighting to control the transmission and spread of chronic
wasting disease and found positive detections for the disease
in additional wild, free-ranging cervid herds.
(5) New positive detections in captive cervid herds were
found in Illinois, Michigan, Minnesota, Ohio, Pennsylvania, and
Wisconsin.
(6) There is no known cure for chronic wasting disease, no
reliable live animal test to detect the disease, and only a
post-mortem test that provides some measure of reliable
detection of the disease.
(7) Chronic wasting disease is 100 percent fatal and is
arguably the most important disease threatening North American
cervid resources.
(8) The spread of chronic wasting disease continues to
increasingly and adversely affect the economic well-being of
rural communities, the hunting public, farmed cervid producers,
and State wildlife and agricultural agencies, because the only
known measure for reducing the spread of chronic wasting
disease is the complete depopulation of herds that test
positive for the disease, a drastic measure which comes with
great costs for all.
(9) The long-term environmental persistence of chronic
wasting disease's causative agent means that State wildlife
management agencies, State departments of agriculture, and
private cervid farmers have relatively few options to mitigate
the effects of such disease.
(10) There are ongoing debates about the predominant
transmission pathways that are causing the new detections and
continued spread of chronic wasting disease in cervids across
the United States and Canada.
SEC. 1103. CHRONIC WASTING DISEASE TRANSMISSION IN CERVIDAE RESOURCE
STUDY.
(a) Study.--
(1) 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--
(A) 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; and
(B) which may include the potential impacts on the
disease from transmissions from Canada.
(2) Requirements.--The arrangement under paragraph (1)
shall provide that the actual expenses incurred by the Academy
in conducting the study under paragraph (1) shall be paid by
the Secretaries.
(b) Contents of the Study.--Within and between wild, captive, and
farmed cervid populations, the study--
(1) may include, to the extent the United States is
affected on a continental scale, the potential impacts on the
disease from transmissions from Canada; and
(2) shall--
(A) identify--
(i) the pathways and mechanisms for the
transmission of chronic wasting disease in
cervids and cervid products;
(ii) the dosage and infection rates for
each such pathway and mechanism; and
(iii) the relative frequency of each mode
of such transmission;
(B) identify anthropogenic and environmental
factors contributing to new chronic wasting disease
emergence events, the development of geographic areas
with increased chronic wasting disease prevalence, and
overall geographic patterns of chronic wasting disease
distribution;
(C) identify significant gaps in current scientific
knowledge regarding the transmission pathways
identified under subparagraph (A);
(D) identify and prioritize scientific research
projects that will address the knowledge gaps referred
to in subparagraph (C); and
(E) review science-based best practices, standards,
and guidance regarding the management of chronic
wasting disease in wild, captive, and farmed cervid
populations in the United States which have been
developed by--
(i) the National Chronic Wasting Disease
Herd Certification Program of the Animal and
Plant Health Inspection Service;
(ii) the United States Geological Survey;
and
(iii) State wildlife and agricultural
agencies, which 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.
(c) Deadline.--Not later than 6 months after the date on which
funds are first made available for the study under subsection (a), the
Secretaries shall submit to the Committee on Agriculture of the House
of Representatives, the Committee on Natural Resources of the House of
Representatives, the Committee on Environment and Public Works of the
Senate, and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report that describes--
(1) the findings of the study; and
(2) any conclusions and recommendations that the Secretary
determines to be appropriate.
(d) Data Sharing.--The Secretaries shall share with the entity
conducting the study under subsection (a) data and access to databases
on chronic wasting disease under the jurisdiction of--
(1) the Veterinary Services Program of the Animal and Plant
Health Inspection Service; and
(2) the United States Geological Survey.
SEC. 1104. DEFINITIONS.
In this title:
(1) Academy.--The term ``Academy'' means the National
Academy of Sciences.
(2) Cervid.--The term ``cervid'' means any species within
the family Cervidae.
(3) Chronic wasting disease.--The term ``chronic wasting
disease'' means the animal disease afflicting deer, elk,
reindeer, 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.
(4) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of Agriculture, acting through
the Administrator of the Animal and Plant Health
Inspection Service; and
(B) the Secretary of the Interior, acting through
the Director of the United States Geological Survey.
TITLE XII--MISCELLANEOUS PROVISIONS
SEC. 1201. RESPECT FOR TREATIES AND RIGHTS.
Nothing in this Act or the amendments made by this Act shall be
construed to affect or modify any treaty or other right of any
federally recognized Indian Tribe.
SEC. 1202. NO PRIORITY OVER OTHER USES.
Nothing in this Act or the amendments made by this Act provides a
preference to hunting, fishing, or recreational shooting over any other
use of Federal land or water.
SEC. 1203. STATE AUTHORITY FOR FISH AND WILDLIFE.
Nothing in this Act--
(1) authorizes the Secretary of Agriculture or the
Secretary to require Federal licenses or permits to hunt and
fish on Federal land; or
(2) enlarges or diminishes the responsibility or authority
of States with respect to fish and wildlife management.
<all>