January 9, 2020 - Issue: Vol. 166, No. 5 — Daily Edition116th Congress (2019 - 2020) - 2nd Session
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TEXT OF AMENDMENTS; Congressional Record Vol. 166, No. 5
(Senate - January 09, 2020)
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[Pages S129-S147] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] TEXT OF AMENDMENTS SA 1276. Mr. McCONNELL (for Mr. Barrasso) proposed an amendment to the bill H.R. 925, to improve protections for wildlife, and for other purposes; as follows: Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``America's Conservation Enhancement Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION Sec. 101. Theodore Roosevelt Genius Prize for reducing human-predator conflict. Sec. 102. Losses of livestock due to depredation by federally protected species. Sec. 103. Depredation permits for black vultures and common ravens. Sec. 104. Chronic Wasting Disease Task Force. Sec. 105. Invasive species. Sec. 106. North American Wetlands Conservation Act. Sec. 107. National Fish and Wildlife Foundation Establishment Act. Sec. 108. Modification of definition of sport fishing equipment under Toxic Substances Control Act. Sec. 109. Reauthorization of Chesapeake Bay Program. Sec. 110. Reauthorization of Chesapeake Bay Initiative Act of 1998. Sec. 111. Chesapeake watershed investments for landscape defense. TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS Sec. 201. Purpose. Sec. 202. Definitions. Sec. 203. National Fish Habitat Board. Sec. 204. Fish Habitat Partnerships. Sec. 205. Fish Habitat Conservation Projects. Sec. 206. Technical and scientific assistance. Sec. 207. Coordination with States and Indian Tribes. Sec. 208. Interagency Operational Plan. Sec. 209. Accountability and reporting. Sec. 210. Effect of this title. Sec. 211. Nonapplicability of Federal Advisory Committee Act. Sec. 212. Funding. Sec. 213. Prohibition against implementation of regulatory authority by Federal agencies through Partnerships. TITLE III--MISCELLANEOUS Sec. 301. Sense of the Senate regarding conservation agreements and activities. Sec. 302. Study to review conservation factors. Sec. 303. Study and report on expenditures. Sec. 304. Use of value of land for cost sharing. TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION SEC. 101. THEODORE ROOSEVELT GENIUS PRIZE FOR REDUCING HUMAN- PREDATOR CONFLICT. (a) In General.--Section 7001(d) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (16 U.S.C. 742b note; Public Law 116-9) is amended-- (1) in paragraphs (2)(C)(v), (3)(C)(v), (4)(C)(v), (5)(C)(v), and (6)(C)(v), by striking ``paragraph (7)(A)'' each place it appears and inserting ``paragraph (8)(A)''; (2) in paragraphs (2)(D)(ii), (2)(F)(ii), (3)(D)(ii), (3)(F)(ii), (4)(D)(ii), (4)(F)(ii), (5)(D)(ii), (5)(F)(ii), (6)(D)(ii), and (6)(F)(ii) by striking ``paragraph (7)(B)'' each place it appears and inserting ``paragraph (8)(B)''; (3) in paragraph (6)(C)(iv), in the matter preceding clause (i), by striking ``subparagraph (C)'' and inserting ``clause (iii)''; [[Page S130]] (4) by redesignating paragraph (7) as paragraph (8); (5) by inserting after paragraph (6) the following: ``(7) Theodore roosevelt genius prize for reducing human- predator conflict.-- ``(A) Definitions.--In this paragraph: ``(i) Board.--The term `Board' means the Reducing Human- Predator Conflict Technology Advisory Board established by subparagraph (C)(i). ``(ii) Prize competition.--The term `prize competition' means the Theodore Roosevelt Genius Prize for reducing human- predator conflict established under subparagraph (B). ``(B) Authority.--Not later than 180 days after the date of enactment of the America's Conservation Enhancement Act, the Secretary shall establish under section 24 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) a prize competition, to be known as the `Theodore Roosevelt Genius Prize for reducing human-predator conflict'-- ``(i) to encourage technological innovation with the potential to advance the mission of the United States Fish and Wildlife Service with respect to reducing the frequency of human-predator conflict using nonlethal means; and ``(ii) to award 1 or more prizes annually for a technological advancement that promotes reducing human- predator conflict using nonlethal means, which may include the application and monitoring of tagging technologies. ``(C) Advisory board.-- ``(i) Establishment.--There is established an advisory board, to be known as the `Reducing Human-Predator Conflict Technology Advisory Board'. ``(ii) Composition.--The Board shall be composed of not fewer than 9 members appointed by the Secretary, who shall provide expertise in-- ``(I) predator-human interactions; ``(II) the habitats of large predators; ``(III) biology; ``(IV) technology development; ``(V) engineering; ``(VI) economics; ``(VII) business development and management; and ``(VIII) any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph. ``(iii) Duties.--Subject to clause (iv), with respect to the prize competition, the Board shall-- ``(I) select a topic; ``(II) issue a problem statement; ``(III) advise the Secretary regarding any opportunity for technological innovation to reduce human-predator conflict using nonlethal means; and ``(IV) advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian Tribes, private entities, and research institutions with expertise or interest relating to reducing human-predator conflict using nonlethal means. ``(iv) Consultation.--In selecting a topic and issuing a problem statement for the prize competition under subclauses (I) and (II) of clause (iii), respectively, the Board shall consult widely with Federal and non-Federal stakeholders, including-- ``(I) 1 or more Federal agencies with jurisdiction over the management of native wildlife species at risk due to conflict with human activities; ``(II) 1 or more State agencies with jurisdiction over the management of native wildlife species at risk due to conflict with human activities; ``(III) 1 or more State, regional, or local wildlife organizations, the mission of which relates to the management of native wildlife species at risk due to conflict with human activities; and ``(IV) 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the management of native wildlife species at risk due to conflict with human activities. ``(v) Requirements.--The Board shall comply with all requirements under paragraph (8)(A). ``(D) Agreement with national fish and wildlife foundation.-- ``(i) In general.--The Secretary shall offer to enter into an agreement under which the National Fish and Wildlife Foundation shall administer the prize competition. ``(ii) Requirements.--An agreement entered into under clause (i) shall comply with all requirements under paragraph (8)(B). ``(E) Judges.-- ``(i) Appointment.--The Secretary shall appoint not fewer than 3 judges who shall, except as provided in clause (ii), select the 1 or more annual winners of the prize competition. ``(ii) Determination by secretary.--The judges appointed under clause (i) shall not select any annual winner of the prize competition if the Secretary makes a determination that, in any fiscal year, none of the technological advancements entered into the prize competition merits an award. ``(F) Consultation with noaa.--The Secretary shall consult with the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, in the case of a cash prize awarded under the prize competition for a technology that addresses conflict between marine predators under the jurisdiction of the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, and humans. ``(G) Report to congress.--Not later than 60 days after the date on which a cash prize is awarded under this paragraph, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Natural Resources of the House of Representatives a report on the prize competition that includes-- ``(i) a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii); ``(ii) if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and Wildlife Foundation relating to the duties described in paragraph (8)(B); and ``(iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the winner of the cash prize was selected. ``(H) Termination of authority.--The Board and all authority provided under this paragraph shall terminate on December 31, 2023.''; and (6) in paragraph (8) (as so redesignated)-- (A) in subparagraph (A), in the matter preceding clause (i), by striking ``or (6)(C)(i)'' and inserting ``(6)(C)(i), or (7)(C)(i)''; and (B) in subparagraph (B)-- (i) in the matter preceding clause (i), by striking ``or (6)(D)(i)'' and inserting ``(6)(D)(i), or (7)(D)(i)''; and (ii) in clause (i)(VII), by striking ``and (6)(E)'' and inserting ``(6)(E), and (7)(E)''. (b) Sense of Congress.--It is the sense of Congress that data collected from the tagging of predators can inform innovative management of those predators and innovative education activities to minimize human-predator conflict. SEC. 102. LOSSES OF LIVESTOCK DUE TO DEPREDATION BY FEDERALLY PROTECTED SPECIES. (a) Definitions.--In this section: (1) Depredation.-- (A) In general.--The term ``depredation'' means actual death, injury, or destruction of livestock that is caused by a federally protected species. (B) Exclusions.--The term ``depredation'' does not include damage to real or personal property other than livestock, including-- (i) damage to-- (I) other animals; (II) vegetation; (III) motor vehicles; or (IV) structures; (ii) diseases; (iii) lost profits; or (iv) consequential damages. (2) Federally protected species.--The term ``federally protected species'' means a species that is or previously was protected under-- (A) the Act of June 8, 1940 (commonly known as the ``Bald and Golden Eagle Protection Act'') (54 Stat. 250, chapter 278; 16 U.S.C. 668 et seq.); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or (C) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.). (3) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (4) Livestock.-- (A) In general.--The term ``livestock'' means horses, mules and asses, rabbits, llamas, cattle, bison, swine, sheep, goats, poultry, bees, honey and beehives, or any other animal generally used for food or in the production of food or fiber. (B) Inclusion.--The term ``livestock'' includes guard animals actively engaged in the protection of livestock described in subparagraph (A). (5) Program.--The term ``program'' means the grant program established under subsection (b)(1). (6) Secretaries.--The term ``Secretaries'' means-- (A) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and (B) the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service. (b) Grant Program for Losses of Livestock Due to Depredation by Federally Protected Species.-- (1) In general.--The Secretaries shall establish a program to provide grants to States and Indian tribes to supplement amounts provided by States, Indian tribes, or State agencies under 1 or more programs established by the States and Indian tribes (including programs established after the date of enactment of this Act)-- (A) to assist livestock producers in carrying out-- (i) proactive and nonlethal activities to reduce the risk of livestock loss due to depredation by federally protected species occurring on-- (I) Federal, State, or private land within the applicable State; or (II) land owned by, or held in trust for the benefit of, the applicable Indian tribe; and (ii) research relating to the activities described in clause (i); and [[Page S131]] (B) to compensate livestock producers for livestock losses due to depredation by federally protected species occurring on-- (i) Federal, State, or private land within the applicable State; or (ii) land owned by, or held in trust for the benefit of, the applicable Indian tribe. (2) Allocation of funding.-- (A) Reports to the secretaries.--Not later than September 30 of each year, a State or Indian tribe desiring to receive a grant under the program shall submit to the Secretaries a report describing, for the 1-year period ending on that September 30, the losses of livestock due to depredation by federally protected species occurring on-- (i) Federal, State, or private land within the applicable State; or (ii) land owned by, or held in trust for the benefit of, the applicable Indian tribe. (B) Allocation.--The Secretaries shall allocate available funding to carry out this Act among States and Indian tribes for a 1-year period ending on September 30 based on the losses described in the reports submitted for the previous 1- year period ending on September 30 under subparagraph (A). (3) Eligibility.--To be eligible to receive a grant under paragraph (1), a State or Indian tribe shall-- (A) designate an appropriate agency of the State or Indian tribe to administer the 1 or more programs supplemented by the grant funds; (B) establish 1 or more accounts to receive grant funds; (C) maintain files of all claims received and paid under grant-funded programs, including supporting documentation; and (D) submit to the Secretaries-- (i) annual reports that include-- (I) a summary of claims and expenditures under the program during the year; and (II) a description of any action taken on the claims; and (ii) such other reports as the Secretaries may require to assist the Secretaries in determining the effectiveness of assisted activities under this section. (c) Sense of the Senate.--It is the sense of the Senate that-- (1) no State or Indian tribe is required to participate in the program; and (2) the program supplements, and does not replace or supplant, any State compensation programs for depredation. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2021 through 2025, of which-- (1) $5,000,000 shall be used to provide grants for the purposes described in subsection (b)(1)(A); and (2) $10,000,000 shall be used to provide grants for the purpose described in subsection (b)(1)(B). SEC. 103. DEPREDATION PERMITS FOR BLACK VULTURES AND COMMON RAVENS. (a) In General.--The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service (referred to in this section as the ``Secretary''), may issue depredation permits to livestock producers authorizing takings of black vultures or common ravens otherwise prohibited by Federal law to prevent those vultures or common ravens from taking livestock during the calving season or lambing season. (b) Limited to Affected States or Regions.--The Secretary may issue permits under subsection (a) only to livestock producers in States and regions in which livestock producers are affected or have been affected in the previous year by black vultures or common ravens, as determined by Secretary. (c) Reporting.--The Secretary shall require, as a condition of a permit under subsection (a), that the permit holder shall report to the appropriate enforcement agencies the takings of black vultures or common ravens pursuant to the permit. SEC. 104. CHRONIC WASTING DISEASE TASK FORCE. (a) Definition of Chronic Wasting Disease.--In this section, the term ``chronic wasting disease'' means the animal disease afflicting deer, elk, and moose populations that-- (1) is a transmissible disease of the nervous system resulting in distinctive lesions in the brain; and (2) belongs to the group of diseases known as transmissible spongiform encephalopathies, which group includes scrapie, bovine spongiform encephalopathy, and Creutzfeldt-Jakob disease. (b) Establishment.-- (1) In general.--There is established within the United States Fish and Wildlife Service a task force, to be known as the ``Chronic Wasting Disease Task Force'' (referred to in this subsection as the ``Task Force''). (2) Duties.--The Task Force shall-- (A) collaborate with foreign governments to share research, coordinate efforts, and discuss best management practices to reduce, minimize, prevent, or eliminate chronic wasting disease in the United States; (B) develop recommendations, including recommendations based on findings of the study conducted under subsection (c), and a set of best practices regarding-- (i) the interstate coordination of practices to prevent the new introduction of chronic wasting disease; (ii) the prioritization and coordination of the future study of chronic wasting disease, based on evolving research needs; (iii) ways to leverage the collective resources of Federal, State, and local agencies, Indian Tribes, and foreign governments, and resources from private, nongovernmental entities, to address chronic wasting disease in the United States and along the borders of the United States; and (iv) any other area where containment or management efforts relating to chronic wasting disease may differ across jurisdictions; (C) draw from existing and future academic and management recommendations to develop an interstate action plan under which States and the United States Fish and Wildlife Service agree to enact consistent management, educational, and research practices relating to chronic wasting disease; and (D) facilitate the creation of a cooperative agreement by which States and relevant Federal agencies agree to commit funds to implement best practices described in the interstate action plan developed under subparagraph (C). (3) Membership.-- (A) In general.--The Task Force shall be composed of-- (i) 1 representative of the United States Fish and Wildlife Service with experience in chronic wasting disease, to be appointed by the Secretary of the Interior (referred to in this subsection as the ``Secretary''); (ii) 1 representative of the United States Geological Survey; (iii) 2 representatives of the Department of Agriculture with experience in chronic wasting disease, to be appointed by the Secretary of Agriculture-- (I) 1 of whom shall have expertise in research; and (II) 1 of whom shall have expertise in wildlife management; (iv) in the case of each State in which chronic wasting disease among elk, mule deer, white-tailed deer, or moose has been reported to the appropriate State agency, not more than 2 representatives, to be nominated by the Governor of the State-- (I) not more than 1 of whom shall be a representative of the State agency with jurisdiction over wildlife management or wildlife disease in the State; and (II) in the case of a State with a farmed cervid program or economy, not more than 1 of whom shall be a representative of the State agency with jurisdiction over farmed cervid regulation in the State; (v) in the case of each State in which chronic wasting disease among elk, mule deer, white-tailed deer, or moose has not been documented, but that has carried out measures to prevent the introduction of chronic wasting disease among those species, not more than 2 representatives, to be nominated by the Governor of the State; (vi) not more than 2 representatives from an Indian tribe or tribal organization chosen in a process determined, in consultation with Indian tribes, by the Secretary; and (vii) not more than 5 nongovernmental members with relevant expertise appointed, after the date on which the members are first appointed under clauses (i) through (vi), by a majority vote of the State representatives appointed under clause (iv). (B) Effect.--Nothing in this paragraph requires a State to participate in the Task Force. (4) Co-chairs.--The Co-Chairs of the Task Force shall be-- (A) the Federal representative described in paragraph (3)(A)(i); and (B) 1 State representative appointed under paragraph (3)(A)(iv), to be selected by a majority vote of those State representatives. (5) Date of initial appointment.-- (A) In general.--The members of the Task Force shall be appointed not later than 180 days after the date on which the study is completed under subsection (c). (B) Notification.--On appointment of the members of the Task Force, the Co-Chairs of the Task Force shall notify the Chairs and Ranking Members of the Committees on Environment and Public Works of the Senate and Natural Resources of the House of Representatives. (6) Vacancies.--Any vacancy in the members appointed to the Task Force-- (A) shall not affect the power or duty of the Task Force; and (B) shall be filled not later than 30 days after the date of the vacancy. (7) Meetings.--The Task Force shall convene-- (A) not less frequently than twice each year; and (B) at such time and place, and by such means, as the Co- Chairs of the Task Force determine to be appropriate, which may include the use of remote conference technology. (8) Interstate action plan.-- (A) In general.--Not later than 1 year after the date on which the members of the Task Force are appointed, the Task Force shall submit to the Secretary, and the heads of the State agencies with jurisdiction over wildlife disease and farmed cervid regulation of each State with a representative on the Task Force, the interstate action plan developed by the Task Force under paragraph (2)(C). (B) Cooperative agreements.-- (i) In general.--To the maximum extent practicable, the Secretary, any other applicable Federal agency, and each applicable State shall enter into a cooperative agreement to fund necessary actions under the interstate action plan submitted under subparagraph (A). (ii) Target date.--The Secretary shall make the best effort of the Secretary to enter into any cooperative agreement under [[Page S132]] clause (i) not later than 180 days after the date of submission of the interstate action plan under subparagraph (A). (C) Matching funds.-- (i) In general.--Subject to clause (ii), for each fiscal year, the United States Fish and Wildlife Service shall provide funds to carry out an interstate action plan through a cooperative agreement under subparagraph (B) in the amount of funds provided by the applicable States. (ii) Limitation.--The amount provided by the United State Fish and Wildlife Service under clause (i) for a fiscal year shall be not greater than $5,000,000. (9) Reports.--Not later than September 30 of the first full fiscal year after the date on which the first members of the Task Force are appointed, and each September 30 thereafter, the Task Force shall submit to the Secretary, and the heads of the State agencies with jurisdiction over wildlife disease and farmed cervid regulation of each State with a representatives on the Task Force, a report describing-- (A) progress on the implementation of actions identified in the interstate action plan submitted under paragraph (8)(A), including the efficacy of funding under the cooperative agreement entered into under paragraph (8)(B); (B) updated resource requirements that are needed to reduce and eliminate chronic wasting disease in the United States; (C) any relevant updates to the recommended best management practices included in the interstate action plan submitted under paragraph (8)(B) to reduce or eliminate chronic wasting disease; (D) new research findings and emerging research needs relating to chronic wasting disease; and (E) any other relevant information. (c) Chronic Wasting Disease Transmission in Cervidae Resource Study.-- (1) Definitions.--In this subsection: (A) Academy.--The term ``Academy'' means the National Academy of Sciences. (B) Cervid.--The term ``cervid'' means any species within the family Cervidae. (C) Secretaries.--The term ``Secretaries'' means the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service, and the Secretary of the Interior, acting through the Director of the United States Geological Survey, acting jointly. (2) Study.-- (A) In general.--The Secretaries shall enter into an arrangement with the Academy under which the Academy shall conduct, and submit to the Secretaries a report describing the findings of, a special resource study to identify the predominant pathways and mechanisms of the transmission of chronic wasting disease in wild, captive, and farmed populations of cervids in the United States. (B) Requirements.--The arrangement under subparagraph (A) shall provide that the actual expenses incurred by the Academy in conducting the study under subparagraph (A) shall be paid by the Secretaries, subject to the availability of appropriations. (3) Contents of the study.--The study under paragraph (2) shall-- (A) with respect to wild, captive, and farmed populations of cervids in the United States, identify-- (i)(I) the pathways and mechanisms for the transmission of chronic wasting disease within live cervid populations and cervid products, which may include pathways and mechanisms for transmission from Canada; (II) the infection rates for each pathway and mechanism identified under subclause (I); and (III) the relative frequency of transmission of each pathway and mechanism identified under subclause (I); (ii)(I) anthropogenic and environmental factors contributing to new chronic wasting disease emergence events; (II) the development of geographical areas with increased chronic wasting disease prevalence; and (III) the overall geographical patterns of chronic wasting disease distribution; (iii) significant gaps in current scientific knowledge regarding the transmission pathways and mechanisms identified under clause (i)(I) and potential prevention, detection, and control methods identified under clause (v); (iv) for prioritization the scientific research projects that will address the knowledge gaps identified under clause (iii), based on the likelihood that a project will contribute significantly to the prevention or control of chronic wasting disease; and (v) potential prevention, detection, or control measures, practices, or technologies to be used to mitigate the transmission and spread of chronic wasting disease in wild, captive, and farmed populations of cervids in the United States; (B) assess the effectiveness of the potential prevention, detection, or control measures, practices, or technologies identified under subparagraph (A)(v); and (C) review and compare science-based best practices, standards, and guidance regarding the prevention, detection, and management of chronic wasting disease in wild, captive, and farmed populations of cervids in the United States that have been developed by-- (i) the National Chronic Wasting Disease Herd Certification Program of the Animal and Plant Health Inspection Service; (ii) the United States Geological Survey; (iii) State wildlife and agricultural agencies, in the case of practices, standards, and guidance that provide practical, science-based recommendations to State and Federal agencies for minimizing or eliminating the risk of transmission of chronic wasting disease in the United States; and (iv) industry or academia, in the case of any published guidance on practices that provide practical, science-based recommendations to cervid producers for minimizing or eliminating the risk of transmission of chronic wasting disease within or between herds. (4) Deadline.--The study under paragraph (2) shall be completed not later than 180 days after the date on which funds are first made available for the study. (5) Data sharing.--The Secretaries shall share with the Academy, as necessary to conduct the study under paragraph (2), subject to the avoidance of a violation of a privacy or confidentiality requirement and the protection of confidential or privileged commercial, financial, or proprietary information, data and access to databases on chronic wasting disease under the jurisdiction of-- (A) the Veterinary Services Program of the Animal and Plant Health Inspection Service; and (B) the United States Geological Survey. (6) Report.--Not later than 60 days after the date of completion of the study, the Secretaries shall submit to the Committee on Agriculture, Nutrition, and Forestry, the Committee on Energy and Natural Resources, and the Committee on Environment and Public Works of the Senate and the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives a report that describes-- (A) the findings of the study; and (B) any conclusions and recommendations that the Secretaries determine to be appropriate. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) for the period of fiscal years 2021 through 2025, $5,000,000 to the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, to carry out administrative activities under subsection (b); (2) for fiscal year 2021, $1,200,000 to the Secretary of the Interior, acting through the Director of the United States Geological Survey, to carry out activities to fund research under subsection (c); and (3) for fiscal year 2021, $1,200,000 to the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service, to carry out activities to fund research under subsection (c). SEC. 105. INVASIVE SPECIES. Section 10 of the Fish and Wildlife Coordination Act (16 U.S.C. 666c-1) is amended-- (1) in subsection (c)(2)-- (A) in subparagraph (A)-- (i) by redesignating clauses (i) and (ii) as clauses (ii) and (iii), respectively; and (ii) by inserting before clause (ii) (as so redesignated) the following: ``(i) relevant Federal agencies;''; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (C) by inserting after subparagraph (A) the following: ``(B) in consultation with stakeholders, including nongovernmental organizations and industry;''; and (2) by adding at the end the following: ``(p) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section for each of fiscal years 2021 through 2025-- ``(1) $2,500,000 to the Secretary of the Army, acting through the Chief of Engineers; and ``(2) $2,500,000 to the Secretary of the Interior.''. SEC. 106. NORTH AMERICAN WETLANDS CONSERVATION ACT. Section 7(c) of the North American Wetlands Conservation Act (16 U.S.C. 4406(c)) is amended by striking ``not to exceed--'' in the matter preceding paragraph (1) and all that follows through paragraph (5) and inserting ``not to exceed $60,000,000 for each of fiscal years 2021 through 2025.''. SEC. 107. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT. (a) Board of Directors of Foundation.-- (1) In general.--Section 3 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended-- (A) in subsection (b)-- (i) by striking paragraph (2) and inserting the following: ``(2) Appointment of directors.--After consulting with the Secretary of Commerce and considering the recommendations submitted by the Board, the Secretary of the Interior shall appoint 28 Directors who, to the maximum extent practicable, shall-- ``(A) be knowledgeable and experienced in matters relating to the conservation of fish, wildlife, or other natural resources; and ``(B) represent a balance of expertise in ocean, coastal, freshwater, and terrestrial resource conservation.''; and (ii) by striking paragraph (3) and inserting the following: ``(3) Terms.--Each Director (other than a Director described in paragraph (1)) shall be appointed for a term of 6 years.''; and (B) in subsection (g)(2)-- (i) in subparagraph (A), by striking ``(A) Officers and employees may not be appointed until the Foundation has sufficient funds to [[Page S133]] pay them for their service. Officers'' and inserting the following: ``(A) In general.--Officers''; and (ii) by striking subparagraph (B) and inserting the following: ``(B) Executive director.--The Foundation shall have an Executive Director who shall be-- ``(i) appointed by, and serve at the direction of, the Board as the chief executive officer of the Foundation; and ``(ii) knowledgeable and experienced in matters relating to fish and wildlife conservation.''. (2) Conforming amendment.--Section 4(a)(1)(B) of the North American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) is amended by striking ``Secretary of the Board'' and inserting ``Executive Director of the Board''. (b) Rights and Obligations of Foundation.--Section 4 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703) is amended-- (1) in subsection (c)-- (A) by striking ``(c) Powers.--To carry out its purposes under'' and inserting the following: ``(c) Powers.-- ``(1) In general.--To carry out the purposes described in''; (B) by redesignating paragraphs (1) through (11) as subparagraphs (A) through (K), respectively, and indenting appropriately; (C) in subparagraph (D) (as redesignated by subparagraph (B)), by striking ``that are insured by an agency or instrumentality of the United States'' and inserting ``at 1 or more financial institutions that are members of the Federal Deposit Insurance Corporation or the Securities Investment Protection Corporation''; (D) in subparagraph (E) (as redesignated by subparagraph (B)), by striking ``paragraph (3) or (4)'' and inserting ``subparagraph (C) or (D)''; (E) in subparagraph (J) (as redesignated by subparagraph (B)), by striking ``and'' at the end; (F) by striking subparagraph (K) (as redesignated by subparagraph (B)) and inserting the following: ``(K) to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources; and ``(L) to do acts necessary to carry out the purposes of the Foundation.''; and (G) by striking the undesignated matter at the end and inserting the following: ``(2) Treatment of real property.-- ``(A) In general.--For purposes of this Act, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. ``(B) Encumbered real property.--A gift, devise, or bequest may be accepted by the Foundation even though the gift, devise, or bequest is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Foundation. ``(3) Savings clause.--The acceptance and administration of amounts by the Foundation under paragraph (1)(K) does not alter, supersede, or limit any regulatory or statutory requirement associated with those amounts.''; (2) by striking subsections (f) and (g); and (3) by redesignating subsections (h) and (i) as subsections (f) and (g), respectively. (c) Authorization of Appropriations.--Section 10 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended-- (1) in subsection (a), by striking paragraph (1) and inserting the following: ``(1) In general.--There are authorized to be appropriated to carry out this Act for each of fiscal years 2021 through 2025-- ``(A) $15,000,000 to the Secretary of the Interior; ``(B) $5,000,000 to the Secretary of Agriculture; and ``(C) $5,000,000 to the Secretary of Commerce.''; (2) in subsection (b)-- (A) by striking paragraph (1) and inserting the following: ``(1) Amounts from federal agencies.-- ``(A) In general.--In addition to the amounts authorized to be appropriated under subsection (a), Federal departments, agencies, or instrumentalities are authorized to provide funds to the Foundation through Federal financial assistance grants and cooperative agreements, subject to the condition that the amounts are used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources in accordance with this Act. ``(B) Advances.--Federal departments, agencies, or instrumentalities may advance amounts described in subparagraph (A) to the Foundation in a lump sum without regard to when the expenses for which the amounts are used are incurred. ``(C) Management fees.--The Foundation may assess and collect fees for the management of amounts received under this paragraph.''; (B) in paragraph (2)-- (i) in the paragraph heading, by striking ``funds'' and inserting ``amounts''; (ii) by striking ``shall be used'' and inserting ``may be used''; and (iii) by striking ``and State and local government agencies'' and inserting ``, State and local government agencies, and other entities''; and (C) by adding at the end the following: ``(3) Administration of amounts.-- ``(A) In general.--In entering into contracts, agreements, or other partnerships pursuant to this Act, a Federal department, agency, or instrumentality shall have discretion to waive any competitive process applicable to the department, agency, or instrumentality for entering into contracts, agreements, or partnerships with the Foundation if the purpose of the waiver is-- ``(i) to address an environmental emergency resulting from a natural or other disaster; or ``(ii) as determined by the head of the applicable Federal department, agency, or instrumentality, to reduce administrative expenses and expedite the conservation and management of fish, wildlife, plants, and other natural resources. ``(B) Reports.--The Foundation shall include in the annual report submitted under section 7(b) a description of any use of the authority under subparagraph (A) by a Federal department, agency, or instrumentality in that fiscal year.''; and (3) by adding at the end the following: ``(d) Use of Gifts, Devises, or Bequests of Money or Other Property.--Any gifts, devises, or bequests of amounts or other property, or any other amounts or other property, transferred to, deposited with, or otherwise in the possession of the Foundation pursuant to this Act, may be made available by the Foundation to Federal departments, agencies, or instrumentalities and may be accepted and expended (or the disposition of the amounts or property directed), without further appropriation, by those Federal departments, agencies, or instrumentalities, subject to the condition that the amounts or property be used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources.''. (d) Limitation on Authority.--Section 11 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3710) is amended by inserting ``exclusive'' before ``authority''. SEC. 108. MODIFICATION OF DEFINITION OF SPORT FISHING EQUIPMENT UNDER TOXIC SUBSTANCES CONTROL ACT. Section 3(2)(B) of the Toxic Substances Control Act (15 U.S.C. 2602(2)(B)) is amended-- (1) in clause (v), by striking ``and'' at the end; (2) in clause (vi) by striking the period at the end and inserting ``, and''; and (3) by inserting after clause (vi) the following: ``(vii) any sport fishing equipment (as such term is defined in section 4162(a) of the Internal Revenue Code of 1986) the sale of which is subject to the tax imposed by section 4161(a) of such Code (determined without regard to any exemptions from such tax provided by section 4162 or 4221 or any other provision of such Code), and sport fishing equipment components.''. SEC. 109. REAUTHORIZATION OF CHESAPEAKE BAY PROGRAM. Section 117 of the Federal Water Pollution Control Act (33 U.S.C. 1267) is amended by striking subsection (j) and inserting the following: ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) for fiscal year 2020, $90,000,000; ``(2) for fiscal year 2021, $90,500,000; ``(3) for fiscal year 2022, $91,000,000; ``(4) for fiscal year 2023, $91,500,000; and ``(5) for fiscal year 2024, $92,000,000.''. SEC. 110. REAUTHORIZATION OF CHESAPEAKE BAY INITIATIVE ACT OF 1998. Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (Public Law 105-312; 112 Stat. 2963; 129 Stat. 2579; 132 Stat. 691) is amended by striking ``2019'' and inserting ``2025''. SEC. 111. CHESAPEAKE WATERSHED INVESTMENTS FOR LANDSCAPE DEFENSE. (a) Definitions.--In this section: (1) Chesapeake bay agreements.--The term ``Chesapeake Bay agreements'' means the formal, voluntary agreements-- (A) executed to achieve the goal of restoring and protecting the Chesapeake Bay watershed ecosystem and the living resources of the Chesapeake Bay watershed ecosystem; and (B) signed by the Chesapeake Executive Council. (2) Chesapeake bay program.--The term ``Chesapeake Bay program'' means the program directed by the Chesapeake Executive Council in accordance with the Chesapeake Bay agreements. (3) Chesapeake bay watershed.--The term ``Chesapeake Bay watershed'' means the region that covers-- (A) the Chesapeake Bay; (B) the portions of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia that drain into the Chesapeake Bay; and (C) the District of Columbia. (4) Chesapeake executive council.--The term ``Chesapeake Executive Council'' means the council comprised of-- [[Page S134]] (A) the Governors of each of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia; (B) the Mayor of the District of Columbia; (C) the Chair of the Chesapeake Bay Commission; and (D) the Administrator of the Environmental Protection Agency. (5) Chesapeake wild program.--The term ``Chesapeake WILD program'' means the nonregulatory program established by the Secretary under subsection (b)(1). (6) Grant program.--The term ``grant program'' means the Chesapeake Watershed Investments for Landscape Defense grant program established by the Secretary under subsection (c)(1). (7) Restoration and protection activity.--The term ``restoration and protection activity'' means an activity carried out for the conservation, stewardship, and enhancement of habitat for fish and wildlife-- (A) to preserve and improve ecosystems and ecological processes on which the fish and wildlife depend; and (B) for use and enjoyment by the public. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. (b) Program Establishment.-- (1) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a nonregulatory program, to be known as the ``Chesapeake Watershed Investments for Landscape Defense program''. (2) Purposes.--The purposes of the Chesapeake WILD program include-- (A) coordinating restoration and protection activities among Federal, State, local, and regional entities and conservation partners throughout the Chesapeake Bay watershed; (B) engaging other agencies and organizations to build a broader range of partner support, capacity, and potential funding for projects in the Chesapeake Bay watershed; (C) carrying out coordinated restoration and protection activities, and providing for technical assistance, throughout the Chesapeake Bay watershed-- (i) to sustain and enhance restoration and protection activities; (ii) to improve and maintain water quality to support fish and wildlife, habitats of fish and wildlife, and drinking water for people; (iii) to sustain and enhance water management for volume and flood damage mitigation improvements to benefit fish and wildlife habitat; (iv) to improve opportunities for public access and recreation in the Chesapeake Bay watershed consistent with the ecological needs of fish and wildlife habitat; (v) to facilitate strategic planning to maximize the resilience of natural ecosystems and habitats under changing watershed conditions; (vi) to engage the public through outreach, education, and citizen involvement to increase capacity and support for coordinated restoration and protection activities in the Chesapeake Bay watershed; (vii) to sustain and enhance vulnerable communities and fish and wildlife habitat; (viii) to conserve and restore fish, wildlife, and plant corridors; and (ix) to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities. (3) Duties.--In carrying out the Chesapeake WILD program, the Secretary shall-- (A) draw on existing plans for the Chesapeake Bay watershed, or portions of the Chesapeake Bay watershed, including the Chesapeake Bay agreements, and work in consultation with applicable management entities, including Chesapeake Bay program partners, such as the Federal Government, State and local governments, the Chesapeake Bay Commission, and other regional organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities within the Chesapeake Bay watershed; (B) adopt a Chesapeake Bay watershed-wide strategy that-- (i) supports the implementation of a shared set of science- based restoration and protection activities developed in accordance with subparagraph (A); and (ii) targets cost-effective projects with measurable results; and (C) establish the grant program in accordance with subsection (c). (4) Coordination.--In establishing the Chesapeake WILD program, the Secretary shall consult, as appropriate, with-- (A) the heads of Federal agencies, including-- (i) the Administrator of the Environmental Protection Agency; (ii) the Administrator of the National Oceanic and Atmospheric Administration; (iii) the Chief of the Natural Resources Conservation Service; (iv) the Chief of Engineers; (v) the Director of the United States Geological Survey; (vi) the Secretary of Transportation; (vii) the Chief of the Forest Service; and (viii) the head of any other applicable agency; (B) the Governors of each of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia and the Mayor of the District of Columbia; (C) fish and wildlife joint venture partnerships; and (D) other public agencies and organizations with authority for the planning and implementation of conservation strategies in the Chesapeake Bay watershed. (c) Grants and Technical Assistance.-- (1) Chesapeake wild grant program.--To the extent that funds are made available to carry out this subsection, the Secretary shall establish and carry out, as part of the Chesapeake WILD program, a voluntary grant and technical assistance program, to be known as the ``Chesapeake Watershed Investments for Landscape Defense grant program'', to provide competitive matching grants of varying amounts and technical assistance to eligible entities described in paragraph (2) to carry out activities described in subsection (b)(2). (2) Eligible entities.--The following entities are eligible to receive a grant and technical assistance under the grant program: (A) A State. (B) The District of Columbia. (C) A unit of local government. (D) A nonprofit organization. (E) An institution of higher education. (F) Any other entity that the Secretary determines to be appropriate in accordance with the criteria established under paragraph (3). (3) Criteria.--The Secretary, in consultation with officials and entities described in subsection (b)(4), shall establish criteria for the grant program to help ensure that activities funded under this subsection-- (A) accomplish 1 or more of the purposes described in subsection (b)(2); and (B) advance the implementation of priority actions or needs identified in the Chesapeake Bay watershed-wide strategy adopted under subsection (b)(3)(B). (4) Cost sharing.-- (A) Department of the interior share.--The Department of the Interior share of the cost of a project funded under the grant program shall not exceed 50 percent of the total cost of the project, as determined by the Secretary. (B) Non-department of the interior share.-- (i) In general.--The non-Department of the Interior share of the cost of a project funded under the grant program may be provided in cash or in the form of an in-kind contribution of services or materials. (ii) Other federal funding.--Non-Department of the Interior Federal funds may be used for not more than 25 percent of the total cost of a project funded under the grant program. (5) Administration.--The Secretary may enter into an agreement to manage the grant program with an organization that offers grant management services. (d) Reporting.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report describing the implementation of this section, including a description of each project that has received funding under this section. (e) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2021 through 2025. (2) Supplement, not supplant.--Funds made available under paragraph (1) shall supplement, and not supplant, funding for other activities conducted by the Secretary in the Chesapeake Bay watershed. TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS SEC. 201. PURPOSE. The purpose of this title is to encourage partnerships among public agencies and other interested persons to promote fish conservation-- (1) to achieve measurable habitat conservation results through strategic actions of Fish Habitat Partnerships that lead to better fish habitat conditions and increased fishing opportunities by-- (A) improving ecological conditions; (B) restoring natural processes; or (C) preventing the decline of intact and healthy systems; (2) to establish a consensus set of national conservation strategies as a framework to guide future actions and investment by Fish Habitat Partnerships; (3) to broaden the community of support for fish habitat conservation by-- (A) increasing fishing opportunities; (B) fostering the participation of local communities, especially young people in local communities, in conservation activities; and (C) raising public awareness of the role healthy fish habitat play in the quality of life and economic well-being of local communities; (4) to fill gaps in the National Fish Habitat Assessment and the associated database of the National Fish Habitat Assessment-- (A) to empower strategic conservation actions supported by broadly available scientific information; and (B) to integrate socioeconomic data in the analysis to improve the lives of humans in a manner consistent with fish habitat conservation goals; and (5) to communicate to the public and conservation partners-- (A) the conservation outcomes produced collectively by Fish Habitat Partnerships; and (B) new opportunities and voluntary approaches for conserving fish habitat. SEC. 202. DEFINITIONS. In this title: [[Page S135]] (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Board.--The term ``Board'' means the National Fish Habitat Board established by section 203. (3) Director.--The term ``Director'' means the Director of the United States Fish and Wildlife Service. (4) Environmental protection agency assistant administrator.--The term ``Environmental Protection Agency Assistant Administrator'' means the Assistant Administrator for Water of the Environmental Protection Agency. (5) Indian tribe.--The term ``Indian Tribe'' has the meaning given to the term ``Indian tribe'' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (6) National oceanic and atmospheric administration assistant administrator.--The term ``National Oceanic and Atmospheric Administration Assistant Administrator'' means the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration. (7) Partnership.--The term ``Partnership'' means an entity designated by Congress as a Fish Habitat Partnership under section 204. (8) Real property interest.--The term ``real property interest'' means an ownership interest in-- (A) land; or (B) water (including water rights). (9) Marine fisheries commissions.--The term ``Marine Fisheries Commissions'' means-- (A) the Atlantic States Marine Fisheries Commission; (B) the Gulf States Marine Fisheries Commission; and (C) the Pacific States Marine Commission. (10) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (11) State.--The term ``State'' means each of the several States, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the United States Virgin Islands, and the District of Columbia. (12) State agency.--The term ``State agency'' means-- (A) the fish and wildlife agency of a State; and (B) any department or division of a department or agency of a State that manages in the public trust the inland or marine fishery resources of the State or sustains the habitat for those fishery resources pursuant to State law or the constitution of the State. SEC. 203. NATIONAL FISH HABITAT BOARD. (a) Establishment.-- (1) Fish habitat board.--There is established a board, to be known as the ``National Fish Habitat Board'', whose duties are-- (A) to promote, oversee, and coordinate the implementation of this title; (B) to establish national goals and priorities for fish habitat conservation; (C) to recommend to Congress entities for designation as Partnerships; and (D) to review and make recommendations regarding fish habitat conservation projects. (2) Membership.--The Board shall be composed of 26 members, of whom-- (A) one shall be a representative of the Department of the Interior; (B) one shall be a representative of the United States Geological Survey; (C) one shall be a representative of the Department of Commerce; (D) one shall be a representative of the Department of Agriculture; (E) one shall be a representative of the Association of Fish and Wildlife Agencies; (F) four shall be representatives of State agencies, one of whom shall be nominated by a regional association of fish and wildlife agencies from each of the Northeast, Southeast, Midwest, and Western regions of the United States; (G) two shall be representatives of either-- (i) Indian Tribes in the State of Alaska; or (ii) Indian Tribes in States other than the State of Alaska; (H) one shall be a representative of either-- (i) the Regional Fishery Management Councils established under section 302 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852); or (ii) a representative of the Marine Fisheries Commissions; (I) one shall be a representative of the Sportfishing and Boating Partnership Council; (J) seven shall be representatives selected from at least one from each of the following: (i) the recreational sportfishing industry; (ii) the commercial fishing industry; (iii) marine recreational anglers; (iv) freshwater recreational anglers; (v) habitat conservation organizations; and (vi) science-based fishery organizations; (K) one shall be a representative of a national private landowner organization; (L) one shall be a representative of an agricultural production organization; (M) one shall be a representative of local government interests involved in fish habitat restoration; (N) two shall be representatives from different sectors of corporate industries, which may include-- (i) natural resource commodity interests, such as petroleum or mineral extraction; (ii) natural resource user industries; and (iii) industries with an interest in fish and fish habitat conservation; and (O) one shall be a leadership private sector or landowner representative of an active partnership. (3) Compensation.--A member of the Board shall serve without compensation. (4) Travel expenses.--A member of the Board may be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Board. (b) Appointment and Terms.-- (1) In general.--Except as otherwise provided in this section, a member of the Board described in any of subparagraphs (F) through (O) of subsection (a)(2) shall serve for a term of 3 years. (2) Initial board membership.-- (A) In general.--The initial Board shall consist of representatives as described in subparagraphs (A) through (F) of subsection (a)(2). (B) Remaining members.--Not later than 60 days after the date of enactment of this Act, the representatives of the initial Board under subparagraph (A) shall appoint the remaining members of the Board described in subparagraphs (H) through (O) of subsection (a)(2). (C) Tribal representatives.--Not later than 60 days after the enactment of this Act, the Secretary shall provide to the Board a recommendation of not fewer than three Tribal representatives, from which the Board shall appoint one representative pursuant to subparagraph (G) of subsection (a)(2). (3) Staggered terms.--Of the members described in subsection (a)(2)(J) initially appointed to the Board-- (A) two shall be appointed for a term of 1 year; (B) two shall be appointed for a term of 2 years; and (C) three shall be appointed for a term of 3 years. (4) Vacancies.-- (A) In general.--A vacancy of a member of the Board described in subparagraph (H), (I), (J), (K), (L), (M), (N), or (O) of subsection (a)(2) shall be filled by an appointment made by the remaining members of the Board. (B) Tribal representatives.--Following a vacancy of a member of the Board described in subparagraph (G) of subsection (a)(2), the Secretary shall recommend to the Board a list of not fewer than three Tribal representatives, from which the remaining members of the Board shall appoint a representative to fill the vacancy. (5) Continuation of service.--An individual whose term of service as a member of the Board expires may continue to serve on the Board until a successor is appointed. (6) Removal.--If a member of the Board described in any of subparagraphs (H) through (O) of subparagraph (a)(2) misses three consecutive regularly scheduled Board meetings, the members of the Board may-- (A) vote to remove that member; and (B) appoint another individual in accordance with paragraph (4). (c) Chairperson.-- (1) In general.--The representative of the Association of Fish and Wildlife Agencies appointed under subsection (a)(2)(E) shall serve as Chairperson of the Board. (2) Term.--The Chairperson of the Board shall serve for a term of 3 years. (d) Meetings.-- (1) In general.--The Board shall meet-- (A) at the call of the Chairperson; but (B) not less frequently than twice each calendar year. (2) Public access.--All meetings of the Board shall be open to the public. (e) Procedures.-- (1) In general.--The Board shall establish procedures to carry out the business of the Board, including-- (A) a requirement that a quorum of the members of the Board be present to transact business; (B) a requirement that no recommendations may be adopted by the Board, except by the vote of two-thirds of all members; (C) procedures for establishing national goals and priorities for fish habitat conservation for the purposes of this title; (D) procedures for designating Partnerships under section 204; and (E) procedures for reviewing, evaluating, and making recommendations regarding fish habitat conservation projects. (2) Quorum.--A majority of the members of the Board shall constitute a quorum. SEC. 204. FISH HABITAT PARTNERSHIPS. (a) Authority To Recommend.--The Board may recommend to Congress the designation of Fish Habitat Partnerships in accordance with this section. (b) Purposes.--The purposes of a Partnership shall be-- (1) to work with other regional habitat conservation programs to promote cooperation and coordination to enhance fish populations and fish habitats; (2) to engage local and regional communities to build support for fish habitat conservation; (3) to involve diverse groups of public and private partners; (4) to develop collaboratively a strategic vision and achievable implementation plan that is scientifically sound; [[Page S136]] (5) to leverage funding from sources that support local and regional partnerships; (6) to use adaptive management principles, including evaluation of project success and functionality; (7) to develop appropriate local or regional habitat evaluation and assessment measures and criteria that are compatible with national habitat condition measures; and (8) to implement local and regional priority projects that improve conditions for fish and fish habitat. (c) Criteria for Designation.--An entity seeking to be designated by Congress as a Partnership shall-- (1) submit to the Board an application at such time, in such manner, and containing such information as the Board may reasonably require; and (2) demonstrate to the Board that the entity has-- (A) a focus on promoting the health of important fish and fish habitats; (B) an ability to coordinate the implementation of priority projects that support the goals and national priorities set by the Board that are within the Partnership boundary; (C) a self-governance structure that supports the implementation of strategic priorities for fish habitat; (D) the ability to develop local and regional relationships with a broad range of entities to further strategic priorities for fish and fish habitat; (E) a strategic plan that details required investments for fish habitat conservation that addresses the strategic fish habitat priorities of the Partnership and supports and meets the strategic priorities of the Board; (F) the ability to develop and implement fish habitat conservation projects that address strategic priorities of the Partnership and the Board; and (G) the ability to develop fish habitat conservation priorities based on sound science and data, the ability to measure the effectiveness of fish habitat projects of the Partnership, and a clear plan as to how Partnership science and data components will be integrated with the overall Board science and data effort. (d) Requirements for Recommendation to Congress.--The Board may recommend to Congress for designation an application for a Partnership submitted under subsection (c) if the Board determines that the applicant-- (1) meets the criteria described in subsection (c)(2); (2) identifies representatives to provide support and technical assistance to the Partnership from a diverse group of public and private partners, which may include State or local governments, nonprofit entities, Indian Tribes, and private individuals, that are focused on conservation of fish habitats to achieve results across jurisdictional boundaries on public and private land; (3) is organized to promote the health of important fish species and important fish habitats, including reservoirs, natural lakes, coastal and marine environments, coral reefs, and estuaries; (4) identifies strategic fish and fish habitat priorities for the Partnership area in the form of geographical focus areas or key stressors or impairments to facilitate strategic planning and decision making; (5) is able to address issues and priorities on a nationally significant scale; (6) includes a governance structure that-- (A) reflects the range of all partners; and (B) promotes joint strategic planning and decision making by the applicant; (7) demonstrates completion of, or significant progress toward the development of, a strategic plan to address declines in fish populations, rather than simply treating symptoms, in accordance with the goals and national priorities established by the Board; and (8) promotes collaboration in developing a strategic vision and implementation program that is scientifically sound and achievable. (e) Report to Congress.-- (1) In general.--Not later than February 1 of the first fiscal year beginning after the date of enactment of this Act and each February 1 thereafter, the Board shall develop and submit to the appropriate congressional committees an annual report, to be entitled ``Report to Congress on Future Fish Habitat Partnerships and Modifications'', that-- (A) identifies each entity that-- (i) meets the requirements described in subsection (d); and (ii) the Board recommends to Congress for designation as a Partnership; (B) describes any proposed modifications to a Partnership previously designated by Congress under subsection (f); (C) with respect to each entity recommended for designation as a Partnership, describes, to the maximum extent practicable-- (i) the purpose of the recommended Partnership; and (ii) how the recommended Partnership fulfills the requirements described in subsection (d). (2) Public availability; notification.--The Board shall-- (A) make the report publicly available, including on the internet; and (B) provide to the appropriate congressional committees and the State agency of any State included in a recommended Partnership area written notification of the public availability of the report. (f) Designation or Modification of Partnership.--Congress shall have the exclusive authority to designate or modify a Partnership. (g) Existing Partnerships.-- (1) Designation review.--Not later than 5 years after the date of enactment of this Act, any partnership receiving Federal funds as of the date of enactment of this Act shall be subject to a designation review by Congress in which Congress shall have the opportunity to designate the partnership under subsection (f). (2) Ineligibility for federal funds.--A partnership referred to in paragraph (1) that Congress does not designate as described in that paragraph shall be ineligible to receive Federal funds under this title. SEC. 205. FISH HABITAT CONSERVATION PROJECTS. (a) Submission to Board.--Not later than March 31 of each year, each Partnership shall submit to the Board a list of priority fish habitat conservation projects recommended by the Partnership for annual funding under this title. (b) Recommendations by Board.--Not later than July 1 of each year, the Board shall submit to the Secretary a priority list of fish habitat conservation projects that includes a description, including estimated costs, of each project that the Board recommends that the Secretary approve and fund under this title for the following fiscal year. (c) Criteria for Project Selection.--The Board shall select each fish habitat conservation project recommended to the Secretary under subsection (b) after taking into consideration, at a minimum, the following information: (1) A recommendation of the Partnership that is, or will be, participating actively in implementing the fish habitat conservation project. (2) The capabilities and experience of project proponents to implement successfully the proposed project. (3) The extent to which the fish habitat conservation project-- (A) fulfills a local or regional priority that is directly linked to the strategic plan of the Partnership and is consistent with the purpose of this title; (B) addresses the national priorities established by the Board; (C) is supported by the findings of the habitat assessment of the Partnership or the Board, and aligns or is compatible with other conservation plans; (D) identifies appropriate monitoring and evaluation measures and criteria that are compatible with national measures; (E) provides a well-defined budget linked to deliverables and outcomes; (F) leverages other funds to implement the project; (G) addresses the causes and processes behind the decline of fish or fish habitats; and (H) includes an outreach or education component that includes the local or regional community. (4) The availability of sufficient non-Federal funds to match Federal contributions for the fish habitat conservation project, as required by subsection (e). (5) The extent to which the fish habitat conservation project-- (A) will increase fish populations in a manner that leads to recreational fishing opportunities for the public; (B) will be carried out through a cooperative agreement among Federal, State, and local governments, Indian Tribes, and private entities; (C) increases public access to land or water for fish and wildlife-dependent recreational opportunities; (D) advances the conservation of fish and wildlife species that have been identified by a State agency as species of greatest conservation need; (E) where appropriate, advances the conservation of fish and fish habitats under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and other relevant Federal law and State wildlife action plans; and (F) promotes strong and healthy fish habitats so that desired biological communities are able to persist and adapt. (6) The substantiality of the character and design of the fish habitat conservation project. (d) Limitations.-- (1) Requirements for evaluation.--No fish habitat conservation project may be recommended by the Board under subsection (b) or provided financial assistance under this title unless the fish habitat conservation project includes an evaluation plan designed using applicable Board guidance-- (A) to appropriately assess the biological, ecological, or other results of the habitat protection, restoration, or enhancement activities carried out using the assistance; (B) to reflect appropriate changes to the fish habitat conservation project if the assessment substantiates that the fish habitat conservation project objectives are not being met; (C) to identify improvements to existing fish populations, recreational fishing opportunities, and the overall economic benefits for the local community of the fish habitat conservation project; and (D) to require the submission to the Board of a report describing the findings of the assessment. (2) Acquisition authorities.-- (A) In general.--A State, local government, or other non- Federal entity is eligible to receive funds for the acquisition of real [[Page S137]] property from willing sellers under this title if the acquisition ensures-- (i) public access for fish and wildlife-dependent recreation; or (ii) a scientifically based, direct enhancement to the health of fish and fish populations, as determined by the Board. (B) State agency approval.-- (i) In general.--All real property interest acquisition projects funded under this title must be approved by the State agency in the State in which the project is occurring. (ii) Prohibition.--The Board may not recommend, and the Secretary may not provide any funding for, any real property interest acquisition that has not been approved by the State agency. (C) Assessment of other authorities.--The Board may not recommend, and the Secretary may not provide any funding under this title for, any real property interest acquisition unless the Partnership that recommended the project has conducted a project assessment, submitted with the funding request and approved by the Board, to demonstrate all other Federal, State, and local authorities for the acquisition of real property have been exhausted. (D) Restrictions.--A real property interest may not be acquired pursuant to a fish habitat conservation project by a State, local government, or other non-Federal entity conducted with funds provided under this title, unless-- (i) the owner of the real property authorizes the State, local government, or other non-Federal entity to acquire the real property; and (ii) the Secretary and the Board determine that the State, local government, or other non-Federal entity would benefit from undertaking the management of the real property being acquired because that is in accordance with the goals of a Partnership. (e) Non-Federal Contributions.-- (1) In general.--Except as provided in paragraphs (2) and (4), no fish habitat conservation project may be recommended by the Board under subsection (b) or provided financial assistance under this title unless at least 50 percent of the cost of the fish habitat conservation project will be funded with non-Federal funds. (2) Non-federal share.--Such non-Federal share of the cost of a fish habitat conservation project-- (A) may not be derived from another Federal grant program; and (B) may include in-kind contributions and cash. (3) Special rule for indian tribes.--Notwithstanding paragraph (1) or any other provision of law, any funds made available to an Indian Tribe pursuant to this title may be considered to be non-Federal funds for the purpose of paragraph (1). (4) Waiver authority.--The Secretary, in consultation with the Secretary of Commerce with respect to marine or estuarine projects, may waive the application of paragraph (2)(A) with respect to a State or an Indian Tribe, or otherwise reduce the portion of the non-Federal share of the cost of an activity required to be paid by a State or an Indian Tribe under paragraph (1), if the Secretary determines that the State or Indian Tribe does not have sufficient funds not derived from another Federal grant program to pay such non- Federal share, or portion of the non-Federal share, without the use of loans. (f) Approval.-- (1) In general.--Not later than 90 days after the date of receipt of the recommended priority list of fish habitat conservation projects under subsection (b), and subject to subsection (d) and based, to the maximum extent practicable, on the criteria described in subsection (c), the Secretary, after consulting with the Secretary of Commerce on marine or estuarine projects, shall approve or reject any fish habitat conservation project recommended by the Board. (2) Funding.--If the Secretary approves a fish habitat conservation project under paragraph (1), the Secretary shall use amounts made available to carry out this title to provide funds to carry out the fish habitat conservation project. (3) Notification.--If the Secretary rejects under paragraph (1) any fish habitat conservation project recommended by the Board, not later than 90 days after the date of receipt of the recommendation, the Secretary shall provide to the Board, the appropriate Partnership, and the appropriate congressional committees a written statement of the reasons that the Secretary rejected the fish habitat conservation project. SEC. 206. TECHNICAL AND SCIENTIFIC ASSISTANCE. (a) In General.--The Director, the National Oceanic and Atmospheric Administration Assistant Administrator, the Environmental Protection Agency Assistant Administrator, and the Director of the United States Geological Survey, in coordination with the Forest Service and other appropriate Federal departments and agencies, may provide scientific and technical assistance to Partnerships, participants in fish habitat conservation projects, and the Board. (b) Inclusions.--Scientific and technical assistance provided under subsection (a) may include-- (1) providing technical and scientific assistance to States, Indian Tribes, regions, local communities, and nongovernmental organizations in the development and implementation of Partnerships; (2) providing technical and scientific assistance to Partnerships for habitat assessment, strategic planning, and prioritization; (3) supporting the development and implementation of fish habitat conservation projects that are identified as high priorities by Partnerships and the Board; (4) supporting and providing recommendations regarding the development of science-based monitoring and assessment approaches for implementation through Partnerships; (5) supporting and providing recommendations for a national fish habitat assessment; (6) ensuring the availability of experts to assist in conducting scientifically based evaluation and reporting of the results of fish habitat conservation projects; and (7) providing resources to secure State agency scientific and technical assistance to support Partnerships, participants in fish habitat conservation projects, and the Board. SEC. 207. COORDINATION WITH STATES AND INDIAN TRIBES. The Secretary shall provide a notice to, and cooperate with, the appropriate State agency or Tribal agency, as applicable, of each State and Indian Tribe within the boundaries of which an activity is planned to be carried out pursuant to this title, including notification, by not later than 30 days before the date on which the activity is implemented. SEC. 208. INTERAGENCY OPERATIONAL PLAN. Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Director, in cooperation with the National Oceanic and Atmospheric Administration Assistant Administrator, the Environmental Protection Agency Assistant Administrator, the Director of the United States Geological Survey, and the heads of other appropriate Federal departments and agencies (including, at a minimum, those agencies represented on the Board) shall develop an interagency operational plan that describes-- (1) the functional, operational, technical, scientific, and general staff, administrative, and material needs for the implementation of this title; and (2) any interagency agreements between or among Federal departments and agencies to address those needs. SEC. 209. ACCOUNTABILITY AND REPORTING. (a) Reporting.-- (1) In general.--Not later than 5 years after the date of enactment of this Act, and every 5 years thereafter, the Board shall submit to the appropriate congressional committees a report describing the progress of this title. (2) Contents.--Each report submitted under paragraph (1) shall include-- (A) an estimate of the number of acres, stream miles, or acre-feet, or other suitable measures of fish habitat, that was maintained or improved by Partnerships under this title during the 5-year period ending on the date of submission of the report; (B) a description of the public access to fish habitats established or improved under this title during that 5-year period; (C) a description of the improved opportunities for public recreational fishing achieved under this title; and (D) an assessment of the status of fish habitat conservation projects carried out with funds provided under this title during that period, disaggregated by year, including-- (i) a description of the fish habitat conservation projects recommended by the Board under section 205(b); (ii) a description of each fish habitat conservation project approved by the Secretary under section 205(f), in order of priority for funding; (iii) a justification for-- (I) the approval of each fish habitat conservation project; and (II) the order of priority for funding of each fish habitat conservation project; (iv) a justification for any rejection of a fish habitat conservation project recommended by the Board under section 205(b) that was based on a factor other than the criteria described in section 205(c); and (v) an accounting of expenditures by Federal, State, or local governments, Indian Tribes, or other entities to carry out fish habitat conservation projects under this title. (b) Status and Trends Report.--Not later than December 31, 2021, and every 5 years thereafter, the Board shall submit to the appropriate congressional committees a report that includes-- (1) a status of all Partnerships designated under this title; (2) a description of the status of fish habitats in the United States as identified by designated Partnerships; and (3) enhancements or reductions in public access as a result of-- (A) the activities of the Partnerships; or (B) any other activities carried out pursuant to this title. SEC. 210. EFFECT OF THIS TITLE. (a) Water Rights.--Nothing in this title-- (1) establishes any express or implied reserved water right in the United States for any purpose; (2) affects any water right in existence on the date of enactment of this Act; (3) preempts or affects any State water law or interstate compact governing water; or (4) affects any Federal or State law in existence on the date of enactment of the Act regarding water quality or water quantity. (b) Authority To Acquire Water Rights or Rights to Property.--Only a State, local [[Page S138]] government, or other non-Federal entity may acquire, under State law, water rights or rights to property with funds made available through section 212. (c) State Authority.--Nothing in this title-- (1) affects the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under the laws and regulations of the State; or (2) authorizes the Secretary to control or regulate within a State the fishing or hunting of fish and wildlife. (d) Effect on Indian Tribes.--Nothing in this title abrogates, abridges, affects, modifies, supersedes, or alters any right of an Indian Tribe recognized by treaty or any other means, including-- (1) an agreement between the Indian Tribe and the United States; (2) Federal law (including regulations); (3) an Executive order; or (4) a judicial decree. (e) Adjudication of Water Rights.--Nothing in this title diminishes or affects the ability of the Secretary to join an adjudication of rights to the use of water pursuant to subsection (a), (b), or (c) of section 208 of the Departments of State, Justice, Commerce, and The Judiciary Appropriation Act, 1953 (43 U.S.C. 666). (f) Department of Commerce Authority.--Nothing in this title affects the authority, jurisdiction, or responsibility of the Department of Commerce to manage, control, or regulate fish or fish habitats under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (g) Effect on Other Authorities.-- (1) Private property protection.--Nothing in this title permits the use of funds made available to carry out this title to acquire real property or a real property interest without the written consent of each owner of the real property or real property interest, respectively. (2) Mitigation.--Nothing in this title authorizes the use of funds made available to carry out this title for fish and wildlife mitigation purposes under-- (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (B) the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.); (C) the Water Resources Development Act of 1986 (Public Law 99-662; 100 Stat. 4082); or (D) any other Federal law or court settlement. (3) Clean water act.--Nothing in this title affects any provision of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), including any definition in that Act. SEC. 211. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to-- (1) the Board; or (2) any Partnership. SEC. 212. FUNDING. (a) Authorization of Appropriations.-- (1) Fish habitat conservation projects.--There is authorized to be appropriated to the Secretary $7,200,000 for each of fiscal years 2021 through 2025 to provide funds for fish habitat conservation projects approved under section 205(f), of which 5 percent is authorized only for projects carried out by Indian Tribes. (2) Administrative and planning expenses.--There is authorized to be appropriated to the Secretary for each of fiscal years 2021 through 2025 an amount equal to 5 percent of the amount appropriated for the applicable fiscal year pursuant to paragraph (1)-- (A) for administrative and planning expenses under this title; and (B) to carry out section 209. (3) Technical and scientific assistance.--There is authorized to be appropriated for each of fiscal years 2021 through 2025 to carry out, and provide technical and scientific assistance under, section 206-- (A) $400,000 to the Secretary for use by the United States Fish and Wildlife Service; (B) $400,000 to the National Oceanic and Atmospheric Administration Assistant Administrator for use by the National Oceanic and Atmospheric Administration; (C) $400,000 to the Environmental Protection Agency Assistant Administrator for use by the Environmental Protection Agency; (D) $400,000 to the Secretary for use by the United States Geological Survey; and (E) $400,000 to the Secretary of Agriculture, acting through the Chief of the Forest Service, for use by the Forest Service. (b) Agreements and Grants.--The Secretary may-- (1) on the recommendation of the Board, and notwithstanding sections 6304 and 6305 of title 31, United States Code, and the Federal Financial Assistance Management Improvement Act of 1999 (31 U.S.C. 6101 note; Public Law 106-107), enter into a grant agreement, cooperative agreement, or contract with a Partnership or other entity to provide funds authorized by this title for a fish habitat conservation project or restoration or enhancement project; (2) apply for, accept, and, subject to the availability of appropriations, use a grant from any individual or entity to carry out the purposes of this title; and (3) subject to the availability of appropriations, make funds authorized by this Act available to any Federal department or agency for use by that department or agency to provide grants for any fish habitat protection project, restoration project, or enhancement project that the Secretary determines to be consistent with this title. (c) Donations.-- (1) In general.--The Secretary may-- (A) enter into an agreement with any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of that Code to solicit private donations to carry out the purposes of this title; and (B) accept donations of funds, property, and services to carry out the purposes of this title. (2) Treatment.--A donation accepted under this title-- (A) shall be considered to be a gift or bequest to, or otherwise for the use of, the United States; and (B) may be-- (i) used directly by the Secretary; or (ii) provided to another Federal department or agency through an interagency agreement. SEC. 213. PROHIBITION AGAINST IMPLEMENTATION OF REGULATORY AUTHORITY BY FEDERAL AGENCIES THROUGH PARTNERSHIPS. Any Partnership designated under this title-- (1) shall be for the sole purpose of promoting fish conservation; and (2) shall not be used to implement any regulatory authority of any Federal agency. TITLE III--MISCELLANEOUS SEC. 301. SENSE OF THE SENATE REGARDING CONSERVATION AGREEMENTS AND ACTIVITIES. It is the sense of the Senate that-- (1) voluntary conservation agreements benefit species and the habitats on which the species rely; (2) States, Indian Tribes, units of local government, landowners, and other stakeholders should be encouraged to participate in voluntary conservation agreements; and (3) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, and the Secretary of Commerce, acting through the Assistant Administrator of the National Marine Fisheries Service, should consider the enrollment in, and performance of, conservation agreements and investment in, and implementation of, general conservation activities by States, Indian Tribes, units of local government, landowners, and other stakeholders in making determinations under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 302. STUDY TO REVIEW CONSERVATION FACTORS. (a) Definition of Secretaries.--In this section, the term ``Secretaries'' means-- (1) the Secretary of Agriculture; (2) the Secretary of Commerce, acting through the Assistant Administrator of the National Marine Fisheries Service; and (3) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. (b) Study.--To assess factors affecting successful conservation activities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Secretaries shall carry out a study-- (1) to review any factors that threaten or endanger a species for which a listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) would not contribute to the conservation of the species; (2) to review any barriers to-- (A) the delivery of Federal, State, local, or private funds for such conservation activities, including statutory or regulatory impediments, staffing needs, and other relevant considerations; or (B) the implementation of conservation agreements, plans, or other cooperative agreements, including agreements focused on voluntary activities, multispecies efforts, and other relevant considerations; (3) to review factors that impact the ability of the Federal Government to successfully implement the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (4) to develop recommendations regarding methods to address barriers identified under paragraph (2), if any; (5) to review determinations under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) in which a species is determined to be recovered by the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, or the Secretary of Commerce, acting through the Assistant Administrator of the National Marine Fisheries Service, but remains listed under that Act, including-- (A) an explanation of the factors preventing a delisting or downlisting of the species; and (B) recommendations regarding methods to address the factors described in subparagraph (A); and (6) to review any determinations under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) in which a species has been identified as needing listing or uplisting under that Act but remains unlisted or listed as a threatened species, respectively, including-- (A) an explanation of the factors preventing a listing or uplisting of the species; and (B) recommendations regarding methods to address the factors described in subparagraph (A). (c) Report.--Not later than 1 year after the date of enactment of this Act, the Secretaries shall submit to the Committees on Appropriations and Environment and Public Works of the Senate and the Committees on Appropriations and Natural Resources of the House of Representatives and make publicly [[Page S139]] available a report describing the results of the study under subsection (b). SEC. 303. STUDY AND REPORT ON EXPENDITURES. (a) Reports on Expenditures.-- (1) Federal departments and agencies.-- (A) In general.--At the determination of the Comptroller General of the United States (referred to in this section as the ``Comptroller General''), to facilitate the preparation of the reports from the Comptroller General under paragraph (2), the head of each Federal department and agency shall submit to the Comptroller General data and other relevant information that describes the amounts expended or disbursed (including through loans, loan guarantees, grants, or any other financing mechanism) by the department or agency as a direct result of any provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (including any regulation promulgated pursuant to that Act) during-- (i) with respect to the first report under paragraph (2), the 3 fiscal years preceding the date of submission of the report; and (ii) with respect to the second report under paragraph (2), the 2 fiscal years preceding the date of submission of the report. (B) Requirements.--Data and other relevant information submitted under subparagraph (A) shall describe, with respect to the applicable amounts-- (i) the programmatic office of the department or agency on behalf of which each amount was expended or disbursed; (ii) the provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (or regulation promulgated pursuant to that Act) pursuant to which each amount was expended or disbursed; and (iii) the project or activity carried out using each amount, in detail sufficient to reflect the breadth, scope, and purpose of the project or activity. (2) Comptroller general.--Not later than 2 years and 4 years after the date of enactment of this Act, the Comptroller General shall submit to the Committees on Appropriations, Commerce, Science, and Transportation, and Environment and Public Works of the Senate and the Committee on Appropriations and Natural Resources of the House of Representatives a report that describes-- (A) the aggregate amount expended or disbursed by all Federal departments and agencies as a direct result of any provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (including any regulation promulgated pursuant to that Act) during-- (i) with respect to the first report, the 3 fiscal years preceding the date of submission of the report; and (ii) with respect to the second report, the 2 fiscal years preceding the date of submission of the report; (B) the provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (or regulation promulgated pursuant to that Act) pursuant to which each such amount was expended or disbursed; and (C) with respect to each relevant department or agency-- (i) the total amount expended or disbursed by the department or agency as described in subparagraph (A); and (ii) the information described in clauses (i) through (iii) of paragraph (1)(B). (b) Report on Conservation Activities.-- (1) Federal departments and agencies.--At the determination of the Comptroller General, to facilitate the preparation of the report under paragraph (2), the head of each Federal department and agency shall submit to the Comptroller General data and other relevant information that describes the conservation activities by the Federal department or agency as a direct result of any provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (including any regulation promulgated pursuant to that Act) during-- (A) with respect to the first report under paragraph (2), the 3 fiscal years preceding the date of submission of the report; and (B) with respect to the second report under paragraph (2), the 2 fiscal years preceding the date of submission of the report. (2) Comptroller general.--Not later than 2 years and 4 years after the date of enactment of this Act, the Comptroller General shall submit to the Committees on Commerce, Science, and Transportation and Environment and Public Works of the Senate and the Committee on Natural Resources of the House of Representatives a report that-- (A) describes the conservation activities by all Federal departments and agencies for species listed as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as reported under paragraph (1), during-- (i) with respect to the first report, the 3 fiscal years preceding the date of submission of the report; and (ii) with respect to the second report, the 2 fiscal years preceding the date of submission of the report; (B) is organized into categories with respect to whether a recovery plan for a species has been established; (C) includes conservation outcomes associated with the conservation activities; and (D) as applicable, describes the conservation activities that required interaction between Federal agencies and between Federal agencies and State and Tribal agencies and units of local government pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 304. USE OF VALUE OF LAND FOR COST SHARING. The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) is amended-- (1) by redesignating section 13 as section 14; and (2) by inserting after section 12 the following: ``SEC. 13. VALUE OF LAND. ``Notwithstanding any other provision of law, any institution eligible to receive Federal funds under the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601 et seq.) shall be allowed to use the value of any land owned by the institution as an in-kind match to satisfy any cost sharing requirement under this Act.''. ______ SA 1277. Mr. McCONNELL (for Mr. Barrasso) proposed an amendment to the bill H.R. 925, to improve protections for wildlife, and for other purposes; as follows: Amend the title so as to read: ``An Act to improve protections for wildlife, and for other purposes.''. ______ SA 1278. Mr. McCONNELL (for Mr. Sullivan (for himself, Mr. Whitehouse, and Mr. Menendez)) proposed an amendment to the bill S. 1982, to improve efforts to combat marine debris, and for other purposes; as follows: Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Save Our Seas 2.0 Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--COMBATING MARINE DEBRIS Subtitle A--Marine Debris Foundation Sec. 111. Establishment and purposes of Foundation. Sec. 112. Board of Directors of the Foundation. Sec. 113. Rights and obligations of the Foundation. Sec. 114. Administrative services and support. Sec. 115. Volunteer status. Sec. 116. Report requirements; petition of attorney general for equitable relief. Sec. 117. United States release from liability. Sec. 118. Authorization of appropriations. Sec. 119. Termination of authority. Subtitle B--Genius Prize for Save Our Seas Innovations Sec. 121. Definitions. Sec. 122. Genius prize for Save Our Seas Innovations. Sec. 123. Agreement with the marine debris foundation. Sec. 124. Judges. Sec. 125. Report to Congress. Sec. 126. Authorization of appropriations. Sec. 127. Termination of authority. Subtitle C--Other Measures Relating to Combating Marine Debris Sec. 131. Prioritization of marine debris in existing innovation and entrepreneurship programs. Sec. 132. Expansion of derelict vessel recycling. Sec. 133. Incentive for fishermen to collect and dispose of plastic found at sea. Sec. 134. Amendments to Marine Debris Program. Sec. 135. Marine debris on National Forest System land. Subtitle D--Studies and Reports Sec. 141. Report on opportunities for innovative uses of plastic waste. Sec. 142. Report on microfiber pollution. Sec. 143. Study on United States plastic pollution data. Sec. 144. Study on mass balance methodologies to certify circular polymers. Sec. 145. Report on sources and impacts of derelict fishing gear. TITLE II--ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS Sec. 201. Statement of policy on international cooperation to combat marine debris. Sec. 202. Prioritization of efforts and assistance to combat marine debris and improve plastic waste management. Sec. 203. United States leadership in international fora. Sec. 204. Enhancing international outreach and partnership of United States agencies involved in marine debris activities. Sec. 205. Negotiation of new international agreements. Sec. 206. Consideration of marine debris in negotiating international agreements. TITLE III--IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS Sec. 301. Strategy for improving post-consumer materials management and water management. Sec. 302. Sense of the Senate for issues to be included in strategy for post-consumer materials management and water management. Sec. 303. Grant programs. [[Page S140]] Sec. 304. Study on repurposing plastic waste in infrastructure. Sec. 305. Study on effects of microplastics in food supplies and sources of drinking water. Sec. 306. Report on eliminating barriers to increase the collection of recyclable materials. Sec. 307. Report on economic incentives to spur development of new end- use markets for recycled plastics. Sec. 308. Report on minimizing the creation of new plastic waste. SEC. 2. DEFINITIONS. In this Act: (1) Circular economy.--The term ``circular economy'' means an economy that uses a systems-focused approach and involves industrial processes and economic activities that-- (A) are restorative or regenerative by design; (B) enable resources used in such processes and activities to maintain their highest values for as long as possible; and (C) aim for the elimination of waste through the superior design of materials, products, and systems (including business models). (2) EPA administrator.--The term ``EPA Administrator'' means the Administrator of the Environmental Protection Agency. (3) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term ``Indian tribe'' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304), without regard to capitalization. (4) Interagency marine debris coordinating committee.--The term ``Interagency Marine Debris Coordinating Committee'' means the Interagency Marine Debris Coordinating Committee established under section 5 of the Marine Debris Act (33 U.S.C. 1954). (5) Marine debris.--The term ``marine debris'' has the meaning given that term in section 7 of the Marine Debris Act (33 U.S.C. 1956). (6) Marine debris event.--The term ``marine debris event'' means an event or related events that affects or may imminently affect the United States involving-- (A) marine debris caused by a natural event, including a tsunami, flood, landslide, hurricane, or other natural source; (B) distinct, nonrecurring marine debris, including derelict vessel groundings and container spills, that have immediate or long-term impacts on habitats with high ecological, economic, or human-use values; or (C) marine debris caused by an intentional or grossly negligent act or acts that causes substantial economic or environmental harm. (7) Non-federal funds.--The term ``non-Federal funds'' means funds provided by-- (A) a State; (B) an Indian Tribe; (C) a territory of the United States; (D) one or more units of local governments or Tribal organizations (as defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304)); (E) a foreign government; (F) a private for-profit entity; (G) a nonprofit organization; or (H) a private individual. (8) Nonprofit organization.--The term ``nonprofit organization'' means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (9) Post-consumer materials management.--The term ``post- consumer materials management'' means the systems, operation, supervision, and long-term management of processes and equipment used for post-use material (including packaging, goods, products, and other materials), including-- (A) collection; (B) transport; (C) safe disposal of waste that cannot be recovered, reused, recycled, repaired, or refurbished; and (D) systems and processes related to post-use materials that can be recovered, reused, recycled, repaired, or refurbished. (10) State.--The term ``State'' means-- (A) a State; (B) an Indian Tribe; (C) the District of Columbia; (D) a territory or possession of the United States; or (E) any political subdivision of an entity described in subparagraphs (A) through (D). (11) Under secretary.--The term ``Under Secretary'' means the Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration. TITLE I--COMBATING MARINE DEBRIS Subtitle A--Marine Debris Foundation SEC. 111. ESTABLISHMENT AND PURPOSES OF FOUNDATION. (a) Establishment.--There is established the Marine Debris Foundation (in this title referred to as the ``Foundation''). The Foundation is a charitable and nonprofit organization and is not an agency or establishment of the United States. (b) Purposes.--The purposes of the Foundation are-- (1) to encourage, accept, and administer private gifts of property for the benefit of, or in connection with, the activities and services of the National Oceanic and Atmospheric Administration under the Marine Debris Program established under section 3 of the Marine Debris Act (33 U.S.C. 1952), and other relevant programs and agencies; (2) to undertake and conduct such other activities as will further the efforts of the National Oceanic and Atmospheric Administration to assess, prevent, reduce, and remove marine debris and address the adverse impacts of marine debris on the economy of the United States, the marine environment, and navigation safety; (3) to participate with, and otherwise assist, State, local, and Tribal governments, foreign governments, entities, and individuals in undertaking and conducting activities to assess, prevent, reduce, and remove marine debris and address the adverse impacts of marine debris and its root causes on the economy of the United States, the marine environment (including waters in the jurisdiction of the United States, the high seas, and waters in the jurisdiction of other countries), and navigation safety; (4) to administer the Genius Prize for Save Our Seas Innovation as described in title II; and (5) to support other Federal actions to reduce marine debris. SEC. 112. BOARD OF DIRECTORS OF THE FOUNDATION. (a) Establishment and Membership.-- (1) In general.--The Foundation shall have a governing Board of Directors (in this title referred to as the ``Board''), which shall consist of the Under Secretary and 12 additional Directors appointed in accordance with subsection (b) from among individuals who are United States citizens. (2) Representation of diverse points of view.--To the maximum extent practicable, the membership of the Board shall represent diverse points of view relating to the assessment, prevention, reduction, and removal of marine debris. (3) Not federal employees.--Appointment as a Director of the Foundation shall not constitute employment by, or the holding of an office of, the United States for the purpose of any Federal law. (b) Appointment and Terms.-- (1) Appointment.--Subject to paragraph (2), after consulting with the EPA Administrator, the Director of the United States Fish and Wildlife Service, the Assistant Secretary of State for the Bureau of Oceans and International Environmental and Scientific Affairs, and the Administrator of the United States Agency for International Development, and considering the recommendations submitted by the Board, the Under Secretary shall appoint 12 Directors who meet the criteria established by subsection (a), of whom-- (A) at least 4 shall be educated or experienced in the assessment, prevention, reduction, or removal of marine debris, which may include an individual with expertise in post-consumer materials management or a circular economy; (B) at least 2 shall be educated or experienced in the assessment, prevention, reduction, or removal of marine debris outside the United States; (C) at least 2 shall be educated or experienced in ocean and coastal resource conservation science or policy; and (D) at least 2 shall be educated or experienced in international trade or foreign policy. (2) Terms.-- (A) In general.--Subject to subparagraph (B), each Director (other than the Under Secretary) shall be appointed for a term of 6 years. (B) Initial appointments to new member positions.--Of the Directors appointed by the Under Secretary under paragraph (1), the Secretary shall appoint, not later than 180 days after the date of the enactment of this Act-- (i) 4 Directors for a term of 6 years; (ii) 4 Directors for a term of 4 years; and (iii) 4 Directors for a term of 2 years. (3) Vacancies.-- (A) In general.--The Under Secretary shall fill a vacancy on the Board. (B) Term of appointments to fill unexpired terms.--An individual appointed to fill a vacancy that occurs before the expiration of the term of a Director shall be appointed for the remainder of the term. (4) Reappointment.--An individual (other than an individual described in paragraph (1)) shall not serve more than 2 consecutive terms as a Director, excluding any term of less than 6 years. (5) Request for removal.--The executive committee of the Board may submit to the Under Secretary a letter describing the nonperformance of a Director and requesting the removal of the Director from the Board. (6) Consultation before removal.--Before removing any Director from the Board, the Under Secretary shall consult with the Assistant Secretary of State for the Bureau of Oceans and International Environmental and Scientific Affairs, the Director of the United States Fish and Wildlife Service, and the EPA Administrator. (c) Chairman.--The Chairman shall be elected by the Board from its members for a 2-year term. (d) Quorum.--A majority of the current membership of the Board shall constitute a quorum for the transaction of business. (e) Meetings.--The Board shall meet at the call of the Chairman at least once a year. If a Director misses 3 consecutive regularly scheduled meetings, that individual may be removed from the Board and that vacancy filled in accordance with subsection (b). [[Page S141]] (f) Reimbursement of Expenses.--Members of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Foundation. (g) General Powers.-- (1) In general.--The Board may complete the organization of the Foundation by-- (A) appointing officers and employees; (B) adopting a constitution and bylaws consistent with the purposes of the Foundation and the provisions of this title; and (C) undertaking of other such acts as may be necessary to carry out the provisions of this title. (2) Limitations on appointment.--The following limitations apply with respect to the appointment of officers and employees of the Foundation: (A) Officers and employees may not be appointed until the Foundation has sufficient funds to pay them for their service. Officers and employees of the Foundation shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (B) The first officer or employee appointed by the Board shall be the Secretary of the Board who-- (i) shall serve, at the direction of the Board, as its chief operating officer; and (ii) shall be knowledgeable and experienced in matters relating to the assessment, prevention, reduction, and removal of marine debris. SEC. 113. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. (a) In General.--The Foundation-- (1) shall have perpetual succession; (2) may conduct business throughout the several States, territories, and possessions of the United States and abroad; and (3) shall at all times maintain a designated agent authorized to accept service of process for the Foundation. (b) Service of Process.--The serving of notice to, or service of process upon, the agent required under subsection (a)(3), or mailed to the business address of such agent, shall be deemed as service upon or notice to the Foundation. (c) Powers.-- (1) In general.--To carry out its purposes under section 111, the Foundation shall have, in addition to the powers otherwise given it under this title, the usual powers of a corporation acting as a trustee in the District of Columbia, including the power-- (A) to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein; (B) to acquire by purchase or exchange any real or personal property or interest therein; (C) to invest any funds provided to the Foundation by the Federal Government in obligations of the United States or in obligations or securities that are guaranteed or insured by the United States; (D) to deposit any funds provided to the Foundation by the Federal Government into accounts that are insured by an agency or instrumentality of the United States; (E) to make use of any interest or investment income that accrues as a consequence of actions taken under subparagraph (C) or (D) to carry out the purposes of the Foundation; (F) to use Federal funds to make payments under cooperative agreements to provide substantial long-term benefits for the assessment, prevention, reduction, and removal of marine debris; (G) unless otherwise required by the instrument of transfer, to sell, donate, lease, invest, reinvest, retain or otherwise dispose of any property or income therefrom; (H) to borrow money and issue bonds, debentures, or other debt instruments; (I) to sue and be sued, and complain and defend itself in any court of competent jurisdiction, except that the Directors of the Foundation shall not be personally liable, except for gross negligence; (J) to enter into contracts or other arrangements with, or provide financial assistance to, public agencies and private organizations and persons and to make such payments as may be necessary to carry out its functions; and (K) to do any and all acts necessary and proper to carry out the purposes of the Foundation. (2) Non-federal contributions to the fund.--A gift, devise, or bequest may be accepted by the Foundation without regard to whether 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. (d) Notice to Members of Congress.--The Foundation may not make a grant of Federal funds in an amount greater than $100,000 unless, by not later than 15 days before the grant is made, the Foundation provides notice of the grant to the Member of Congress for the congressional district in which the project to be funded with the grant will be carried out. (e) Coordination of International Efforts.--Any efforts of the Foundation carried out in a foreign country, and any grants provided to an individual or entity in a foreign country, shall be made only with the concurrence of the Secretary of State, in consultation, as appropriate, with the Administrator of the United States Agency for International Development. (f) Consultation With NOAA.--The Foundation shall consult with the Under Secretary during the planning of any restoration or remediation action using funds resulting from judgments or settlements relating to the damage to trust resources of the National Oceanic and Atmospheric Administration. SEC. 114. ADMINISTRATIVE SERVICES AND SUPPORT. (a) Provision of Services.--The Under Secretary may provide personnel, facilities, and other administrative services to the Foundation, including reimbursement of expenses, not to exceed the current Federal Government per diem rates, for a period of up to 5 years beginning on the date of the enactment of this Act. (b) Reimbursement.--The Under Secretary shall require reimbursement from the Foundation for any administrative service provided under subsection (a). The Under Secretary shall deposit any reimbursement received under this subsection into the Treasury to the credit of the appropriations then current and chargeable for the cost of providing such services. SEC. 115. VOLUNTEER STATUS. The Secretary of Commerce may accept, without regard to the civil service classification laws, rules, or regulations, the services of the Foundation, the Board, and the officers and employees of the Board, without compensation from the Department of Commerce, as volunteers in the performance of the functions authorized in this title. SEC. 116. REPORT REQUIREMENTS; PETITION OF ATTORNEY GENERAL FOR EQUITABLE RELIEF. (a) Report.--The Foundation shall, as soon as practicable after the end of each fiscal year, transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Energy and Commerce of the House of Representatives a report-- (1) describing the proceedings and activities of the Foundation during that fiscal year, including a full and complete statement of its receipts, expenditures, and investments; and (2) including a detailed statement of the recipient, amount, and purpose of each grant made by the Foundation in the fiscal year. (b) Relief With Respect to Certain Foundation Acts or Failure To Act.--If the Foundation-- (1) engages in, or threatens to engage in, any act, practice, or policy that is inconsistent with its purposes set forth in section 111(b), or (2) refuses, fails, or neglects to discharge its obligations under this title, or threatens to do so, the Attorney General may petition in the United States District Court for the District of Columbia for such equitable relief as may be necessary or appropriate. SEC. 117. UNITED STATES RELEASE FROM LIABILITY. The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation nor shall the full faith and credit of the United States extend to any obligation of the Foundation. SEC. 118. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.-- (1) In general.--The Secretary of Commerce shall carry out this title using existing amounts that are appropriated or otherwise made available to the Department of Commerce. (2) Use of appropriated funds.--Subject to paragraph (3), amounts made available under paragraph (1) shall be provided to the Foundation to match contributions (whether in currency, services, or property) made to the Foundation, or to a recipient of a grant provided by the Foundation, by private persons and State and local government agencies. (3) Prohibition on use for administrative expenses.-- (A) In general.--Except as provided in subparagraph (B), no Federal funds made available under paragraph (1) may be used by the Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses. (B) Exception.--The Secretary may allow the use of Federal funds made available under paragraph (1) to pay for salaries during the 18-month period beginning on the date of the enactment of this Act. (b) Additional Authorization.-- (1) In general.--In addition to the amounts made available under subsection (a), the Foundation may accept Federal funds from a Federal agency under any other Federal law for use by the Foundation to further the assessment, prevention, reduction, and removal of marine debris in accordance with the requirements of this title. (2) Use of funds accepted from federal agencies.--Federal funds provided to the Foundation under paragraph (1) shall be used by the Foundation for matching, in whole or in part, contributions (whether in currency, services, or property) made to the Foundation by private persons and State and local government agencies. [[Page S142]] (c) Prohibition on Use of Grant Amounts for Litigation and Lobbying Expenses.--Amounts provided as a grant by the Foundation shall not be used for-- (1) any expense related to litigation consistent with Federal-wide cost principles; or (2) any activity the purpose of which is to influence legislation pending before Congress consistent with Federal- wide cost principles. SEC. 119. TERMINATION OF AUTHORITY. The authority of the Foundation under this subtitle shall terminate on the date that is 10 years after the establishment of the Foundation, unless the Foundation is reauthorized by an Act of Congress. Subtitle B--Genius Prize for Save Our Seas Innovations SEC. 121. DEFINITIONS. In this subtitle: (1) Prize competition.--The term ``prize competition'' means the competition for the award of the Genius Prize for Save Our Seas Innovations established under section 122. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 122. GENIUS PRIZE FOR SAVE OUR SEAS INNOVATIONS. (a) In General.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) a prize competition-- (A) to encourage technological innovation with the potential to reduce plastic waste, and associated and potential pollution, and thereby prevent marine debris; and (B) to award 1 or more prizes biennially for projects that advance human understanding and innovation in removing and preventing plastic waste, in one of the categories described in paragraph (2). (2) Categories for projects.--The categories for projects are: (A) Advancements in materials used in packaging and other products that, if such products enter the coastal or ocean environment, will fully degrade without harming the environment, wildlife, or human health. (B) Innovations in production and packaging design that reduce the use of raw materials, increase recycled content, encourage reusability and recyclability, and promote a circular economy. (C) Improvements in marine debris detection, monitoring, and cleanup technologies and processes. (D) Improvements or improved strategies to increase solid waste collection, processing, sorting, recycling, or reuse. (E) New designs or strategies to reduce overall packaging needs and promote reuse. (b) Designation.--The prize competition established under subsection (a) shall be known as the ``Genius Prize for Save Our Seas Innovations''. (c) Prioritization.--In selecting awards for the prize competition, priority shall be given to projects that-- (1) have a strategy, submitted with the application or proposal, to move the new technology, process, design, material, or other product supported by the prize to market- scale deployment; (2) support the concept of a circular economy; and (3) promote development of materials that-- (A) can fully degrade in the ocean without harming the environment, wildlife, or human health; and (B) are to be used in fishing gear or other maritime products that have an increased likelihood of entering the coastal or ocean environment as unintentional waste. SEC. 123. AGREEMENT WITH THE MARINE DEBRIS FOUNDATION. (a) In General.--The Secretary shall offer to enter into an agreement, which may include a grant or cooperative agreement, under which the Marine Debris Foundation established under title I shall administer the prize competition. (b) Requirements.--An agreement entered into under subsection (a) shall comply with the following requirements: (1) Duties.--The Marine Debris Foundation shall-- (A) advertise the prize competition; (B) solicit prize competition participants; (C) administer funds relating to the prize competition; (D) receive Federal and non-Federal funds-- (i) to administer the prize competition; and (ii) to award a cash prize; (E) carry out activities to generate contributions of non- Federal funds to offset, in whole or in part-- (i) the administrative costs of the prize competition; and (ii) the costs of a cash prize; (F) in the design and award of the prize, consult, as appropriate with experts from-- (i) Federal agencies with jurisdiction over the prevention of marine debris or the promotion of innovative materials; (ii) State agencies with jurisdiction over the prevention of marine debris or the promotion of innovative materials; (iii) State, regional, or local conservation or post- consumer materials management organizations, the mission of which relates to the prevention of marine debris or the promotion of innovative materials; (iv) conservation groups, technology companies, research institutions, scientists (including those with expertise in marine environments) institutions of higher education, industry, or individual stakeholders with an interest in the prevention of marine debris or the promotion of innovative materials; (v) experts in the area of standards development regarding the degradation, breakdown, or recycling of polymers; and (vi) other relevant experts of the Board's choosing; (G) in consultation with, and subject to final approval by, the Secretary, develop criteria for the selection of prize competition winners; (H) provide advice and consultation to the Secretary on the selection of judges under section 124 based on criteria developed in consultation with, and subject to the final approval of, the Secretary; (I) announce 1 or more annual winners of the prize competition; (J) subject to paragraph (2), award 1 or more cash prizes biennially of not less than $100,000; and (K) protect against unauthorized use or disclosure by the Marine Debris Foundation of any trade secret or confidential business information of a prize competition participant. (2) Additional cash prizes.--The Marine Debris Foundation may award more than 1 cash prize in a year-- (A) if the initial cash prize referred to in paragraph (1)(I) and any additional cash prizes are awarded using only non-Federal funds; and (B) consisting of an amount determined by the Under Secretary after the Secretary is notified by the Marine Debris Foundation that non-Federal funds are available for an additional cash prize. (3) Solicitation of funds.--The Marine Debris Foundation-- (A) may request and accept Federal funds and non-Federal funds for a cash prize or administration of the prize competition; (B) may accept a contribution for a cash prize in exchange for the right to name the prize; and (C) shall not give special consideration to any Federal agency or non-Federal entity in exchange for a donation for a cash prize awarded under this section. SEC. 124. JUDGES. (a) Appointment.--The Secretary shall appoint not fewer than 3 judges who shall, except as provided in subsection (b), select the 1 or more annual winners of the prize competition. (b) Determination by the Secretary.--The judges appointed under subsection (a) shall not select any annual winner of the prize competition if the Secretary makes a determination that, in any fiscal year, none of the technological advancements entered into the prize competition merits an award. SEC. 125. REPORT TO CONGRESS. Not later than 60 days after the date on which a cash prize is awarded under this title, the Secretary shall post on a publicly available website a report on the prize competition that includes-- (1) a statement by the Committee that describes the activities carried out by the Committee relating to the duties described in section 123; (2) if the Secretary has entered into an agreement under section 123, a statement by the Marine Debris Foundation that describes the activities carried out by the Marine Debris Foundation relating to the duties described in section 123; and (3) a statement by 1 or more of the judges appointed under section 124 that explains the basis on which the winner of the cash prize was selected. SEC. 126. AUTHORIZATION OF APPROPRIATIONS. The Secretary of Commerce shall carry out this title using existing amounts that are appropriated or otherwise made available to the Department of Commerce. SEC. 127. TERMINATION OF AUTHORITY. The prize program will terminate after 5 prize competition cycles have been completed. Subtitle C--Other Measures Relating to Combating Marine Debris SEC. 131. PRIORITIZATION OF MARINE DEBRIS IN EXISTING INNOVATION AND ENTREPRENEURSHIP PROGRAMS. The Secretary of Commerce, the Secretary of Energy, the EPA Administrator, and the heads of other relevant Federal agencies, shall prioritize efforts to combat marine debris in innovation and entrepreneurship programs established before the date of the enactment of this Act, including by using such programs to increase innovation in and the effectiveness of post-consumer materials management, monitoring, detection, and data-sharing related to the prevalence and location of marine debris, demand for recycled content, alternative uses for plastic waste, product design, reduction of disposable plastic consumer products and packaging, ocean biodegradable materials development, waste prevention, and cleanup. SEC. 132. EXPANSION OF DERELICT VESSEL RECYCLING. Not later than 1 year after the date of the enactment of this Act, the Under Secretary and the EPA Administrator shall jointly conduct a study to determine the feasibility of developing a nationwide derelict vessel recycling program-- (1) using as a model the fiberglass boat recycling program from the pilot project in Rhode Island led by Rhode Island Sea Grant and its partners; and [[Page S143]] (2) including, if possible, recycling of vessels made from materials other than fiberglass. SEC. 133. INCENTIVE FOR FISHERMEN TO COLLECT AND DISPOSE OF PLASTIC FOUND AT SEA. (a) In General.--The Under Secretary shall establish a pilot program to assess the feasibility and advisability of providing incentives, such as grants, to fishermen based in the United States who incidentally capture marine debris while at sea-- (1) to track or keep the debris on board; and (2) to dispose of the debris properly on land. (b) Support for Collection and Removal of Derelict Gear.-- The Under Secretary shall encourage United States efforts, such as the Fishing for Energy net disposal program, that support-- (1) collection and removal of derelict fishing gear and other fishing waste; (2) disposal or recycling of such gear and waste; and (3) prevention of the loss of such gear. SEC. 134. AMENDMENTS TO MARINE DEBRIS PROGRAM. (a) Authorization of Appropriations.--Section 9(a) of the Marine Debris Act (33 U.S.C. 1958(a)) is amended by-- (1) striking ``$10,000,000'' and inserting ``$15,000,000''; and (2) striking ``5 percent'' and inserting ``7 percent''. (b) Enhancement of Purpose.--Section 2 of the Marine Debris Act (33 U.S.C. 1951) is amended by striking ``marine environment,'' and inserting ``marine environment (including waters in the jurisdiction of the United States, the high seas, and waters in the jurisdiction of other countries),''. (c) Technical Corrections.--Section 3(d)(2) of the Marine Debris Act (33 U.S.C. 1952(d)(2)) is amended-- (1) in subparagraph (B), by striking ``the matching requirement under subparagraph (A)'' and inserting ``a matching requirement under subparagraph (A) or (C)''; and (2) in subparagraph (C), in the matter preceding clause (i), by striking ``Notwithstanding subparagraph (A)'' and inserting ``Notwithstanding subparagraph (A) and except as provided in subparagraph (B)''. SEC. 135. MARINE DEBRIS ON NATIONAL FOREST SYSTEM LAND. (a) Special-use Authorization.--The Secretary of Agriculture (referred to in this section as the ``Secretary'') shall not require a volunteer organization to obtain a special-use authorization for the removal of any marine debris being stored on National Forest System land. (b) Temporary Storage.--Marine debris may be stored on National Forest System land in a location determined by the Secretary for a period of not more than to 90 days, which may be extended in 90-day increments with approval by the relevant U.S. Forest Service District Ranger. (c) Requirements.--Except as otherwise provided in this section, any activities related to the removal of marine debris from National Forest System land shall be conducted in a manner consistent with applicable law and regulations and subject to such reasonable terms and conditions as the Secretary may require. Subtitle D--Studies and Reports SEC. 141. REPORT ON OPPORTUNITIES FOR INNOVATIVE USES OF PLASTIC WASTE. Not later than 2 years after the date of enactment of this Act, the Interagency Marine Debris Coordinating Committee shall submit to Congress a report on innovative uses for plastic waste in consumer products. SEC. 142. REPORT ON MICROFIBER POLLUTION. Not later than 2 years after the date of the enactment of this Act, the Interagency Marine Debris Coordinating Committee shall submit to Congress a report on microfiber pollution that includes-- (1) a definition for ``microfiber''; (2) an assessment of the sources, prevalence, and causes of microfiber pollution; (3) a recommendation for a standardized methodology to measure and estimate the prevalence of microfiber pollution; (4) recommendations for reducing microfiber pollution; and (5) a plan for how Federal agencies, in partnership with other stakeholders, can lead on opportunities to reduce microfiber pollution during the 5-year period beginning on such date of enactment. SEC. 143. STUDY ON UNITED STATES PLASTIC POLLUTION DATA. (a) In General.--The Under Secretary, in consultation with the EPA Administrator and the Secretary of the Interior, shall seek to enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies will undertake a multifaceted study that includes the following: (1) An evaluation of United States contributions to global ocean plastic waste, including types, sources, and geographic variations. (2) An assessment of the prevalence of marine debris and mismanaged plastic waste in saltwater and freshwater United States navigable waterways and tributaries. (3) An examination of the import and export of plastic waste to and from the United States, including the destinations of the exported plastic waste and the waste management infrastructure and environmental conditions of these locations. (4) Potential means to reduce United States contributions to global ocean plastic waste. (b) Report.--Not later than 18 months after the date of the enactment of this Act, the Under Secretary shall submit to Congress a report on the study conducted under subsection (a) that includes-- (1) the findings of the National Academies; (2) recommendations on knowledge gaps that warrant further scientific inquiry; and (3) recommendations on the potential value of a national marine debris tracking and monitoring system and how such a system might be designed and implemented. SEC. 144. STUDY ON MASS BALANCE METHODOLOGIES TO CERTIFY CIRCULAR POLYMERS. (a) In General.--The National Institute of Standards and Technology shall conduct a study of available mass balance methodologies that are or could be readily standardized to certify circular polymers. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Institute shall submit to Congress a report on the study conducted under subsection (a) that includes-- (1) an identification and assessment of existing mass balance methodologies, standards, and certification systems that are or may be applicable to supply chain sustainability of polymers, considering the full life cycle of the polymer, and including an examination of-- (A) the International Sustainability and Carbon Certification; and (B) the Roundtable on Sustainable Biomaterials; and (2) an assessment of any legal or regulatory barriers to developing a standard and certification system for circular polymers. (c) Definitions.--In this section: (1) Circular polymers.--The term ``circular polymers'' means polymers that can be reused multiple times or converted into a new, higher-quality product. (2) Mass balance methodology.--The term ``mass balance methodology'' means the method of chain of custody accounting designed to track the exact total amount of certain content in products or materials through the production system and to ensure an appropriate allocation of this content in the finished goods based on auditable bookkeeping. SEC. 145. REPORT ON SOURCES AND IMPACTS OF DERELICT FISHING GEAR. Not later than 2 years after the date of the enactment of this Act, the Under Secretary shall submit to Congress a report that includes-- (1) an analysis of the scale of fishing gear losses by domestic and foreign fisheries, including-- (A) how the amount of gear lost varies among-- (i) domestic and foreign fisheries; (ii) types of fishing gear; and (iii) methods of fishing; (B) how lost fishing gear is transported by ocean currents; and (C) common reasons fishing gear is lost; (2) an evaluation of the ecological, human health, and maritime safety impacts of derelict fishing gear, and how those impacts vary across-- (A) types of fishing gear; (B) materials used to construct fishing gear; and (C) geographic location; (3) recommendations on management measures-- (A) to prevent fishing gear losses; and (B) to reduce the impacts of lost fishing gear; (4) an assessment of the cost of implementing such management measures; and (5) an assessment of the impact of fishing gear loss attributable to foreign countries. TITLE II--ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS SEC. 201. STATEMENT OF POLICY ON INTERNATIONAL COOPERATION TO COMBAT MARINE DEBRIS. It is the policy of the United States to partner, consult, and coordinate with foreign governments (at the national and subnational levels), civil society, international organizations, international financial institutions, subnational coastal communities, commercial and recreational fishing industry leaders, and the private sector, in a concerted effort-- (1) to increase knowledge and raise awareness about-- (A) the linkages between the sources of plastic waste, mismanaged waste and post-consumer materials, and marine debris; and (B) the upstream and downstream causes and effects of plastic waste, mismanaged waste and post-consumer materials, and marine debris on marine environments, marine wildlife, human health, and economic development; (2) to support-- (A) strengthening systems for reducing the generation of plastic waste and recovering, managing, reusing, and recycling plastic waste, marine debris, and microfiber pollution in the world's oceans, emphasizing upstream post- consumer materials management solutions-- (i) to decrease plastic waste at its source; and (ii) to prevent leakage of plastic waste into the environment; (B) advancing the utilization and availability of safe and affordable reusable alternatives to disposable plastic products in commerce, to the extent practicable, and with consideration for the potential impacts of such alternatives, and other efforts to prevent marine debris; [[Page S144]] (C) deployment of and access to advanced technologies to capture value from post-consumer materials and municipal solid waste streams through mechanical and other recycling systems; (D) access to information on best practices in post- consumer materials management, options for post-consumer materials management systems financing, and options for participating in public-private partnerships; and (E) implementation of management measures to reduce derelict fishing gear, the loss of fishing gear, and other sources of pollution generated from marine activities and to increase proper disposal and recycling of fishing gear; and (3) to work cooperatively with international partners-- (A) on establishing-- (i) measurable targets for reducing marine debris, lost fishing gear, and plastic waste from all sources; and (ii) action plans to achieve those targets with a mechanism to provide regular reporting; (B) to promote consumer education, awareness, and outreach to prevent marine debris; (C) to reduce marine debris by improving advance planning for marine debris events and responses to such events; and (D) to share best practices in post-consumer materials management systems to prevent the entry of plastic waste into the environment. SEC. 202. PRIORITIZATION OF EFFORTS AND ASSISTANCE TO COMBAT MARINE DEBRIS AND IMPROVE PLASTIC WASTE MANAGEMENT. (a) In General.--The Secretary of State shall, in coordination with the Administrator of the United States Agency for International Development, as appropriate, and the officials specified in subsection (b)-- (1) lead and coordinate efforts to implement the policy described in section 201; and (2) develop strategies and implement programs that prioritize engagement and cooperation with foreign governments, subnational and local stakeholders, and the private sector to expedite efforts and assistance in foreign countries-- (A) to partner with, encourage, advise and facilitate national and subnational governments on the development and execution, where practicable, of national projects, programs and initiatives to-- (i) improve the capacity, security, and standards of operations of post-consumer materials management systems; (ii) monitor and track how well post-consumer materials management systems are functioning nationwide, based on uniform and transparent standards developed in cooperation with municipal, industrial, and civil society stakeholders; (iii) identify the operational challenges of post-consumer materials management systems and develop policy and programmatic solutions; (iv) end intentional or unintentional incentives for municipalities, industries, and individuals to improperly dispose of plastic waste; and (v) conduct outreach campaigns to raise public awareness of the importance of proper waste disposal and the reduction of plastic waste; (B) to facilitate the involvement of municipalities and industries in improving solid waste reduction, collection, disposal, and reuse and recycling projects, programs, and initiatives; (C) to partner with and provide technical assistance to investors, and national and local institutions, including private sector actors, to develop new business opportunities and solutions to specifically reduce plastic waste and expand solid waste and post-consumer materials management best practices in foreign countries by-- (i) maximizing the number of people and businesses, in both rural and urban communities, receiving reliable solid waste and post-consumer materials management services; (ii) improving and expanding the capacity of foreign industries to responsibly employ post-consumer materials management practices; (iii) improving and expanding the capacity and transparency of tracking mechanisms for marine debris to reduce the impacts on the marine environment; (iv) eliminating incentives that undermine responsible post-consumer materials management practices and lead to improper waste disposal practices and leakage; (v) building the capacity of countries-- (I) to reduce, monitor, regulate, and manage waste, post- consumer materials and plastic waste, and pollution appropriately and transparently, including imports of plastic waste from the United States and other countries; (II) to encourage private investment in post-consumer materials management and reduction; and (III) to encourage private investment, grow opportunities, and develop markets for recyclable, reusable, and repurposed plastic waste and post-consumer materials, and products with high levels of recycled plastic content, at both national and local levels; and (vi) promoting safe and affordable reusable alternatives to disposable plastic products, to the extent practicable; and (D) to research, identify, and facilitate opportunities to promote collection and proper disposal of damaged or derelict fishing gear. (b) Officials Specified.--The officials specified in this subsection are the following: (1) The United States Trade Representative. (2) The Under Secretary. (3) The EPA Administrator. (4) The Director of the Trade and Development Agency. (5) The President and the Board of Directors of the Overseas Private Investment Corporation or the Chief Executive Officer and the Board of Directors of the United States International Development Finance Corporation, as appropriate. (6) The Chief Executive Officer and the Board of Directors of the Millennium Challenge Corporation. (7) The heads of such other agencies as the Secretary of State considers appropriate. (c) Prioritization.--In carrying out subsection (a), the officials specified in subsection (b) shall prioritize assistance to countries with, and regional organizations in regions with-- (1) rapidly developing economies; and (2) rivers and coastal areas that are the most severe sources of marine debris, as identified by the best available science. (d) Effectiveness Measurement.--In prioritizing and expediting efforts and assistance under this section, the officials specified in subsection (b) shall use clear, accountable, and metric-based targets to measure the effectiveness of guarantees and assistance in achieving the policy described in section 201. (e) Rule of Construction.--Nothing in this section may be construed to authorize the modification of or the imposition of limits on the portfolios of any agency or institution led by an official specified in subsection (b). SEC. 203. UNITED STATES LEADERSHIP IN INTERNATIONAL FORA. In implementing the policy described in section 201, the President shall direct the United States representatives to appropriate international bodies and conferences (including the United Nations Environment Programme, the Association of Southeast Asian Nations, the Asia Pacific Economic Cooperation, the Group of 7, the Group of 20, the Organization for Economic Co-Operation and Development (OECD), and the Our Ocean Conference) to use the voice, vote, and influence of the United States, consistent with the broad foreign policy goals of the United States, to advocate that each such body-- (1) commit to significantly increasing efforts to promote investment in well-designed post-consumer materials management and plastic waste elimination and mitigation projects and services that increase access to safe post- consumer materials management and mitigation services, in partnership with the private sector and consistent with the constraints of other countries; (2) address the post-consumer materials management needs of individuals and communities where access to municipal post- consumer materials management services is historically impractical or cost-prohibitive; (3) enhance coordination with the private sector-- (A) to increase access to solid waste and post-consumer materials management services; (B) to utilize safe and affordable reusable alternatives to disposable plastic products, to the extent practicable; (C) to encourage and incentivize the use of recycled content; and (D) to grow economic opportunities and develop markets for recyclable, reusable, and repurposed plastic waste materials and other efforts that support the circular economy; (4) provide technical assistance to foreign regulatory authorities and governments to remove unnecessary barriers to investment in otherwise commercially-viable projects related to-- (A) post-consumer materials management; (B) the use of safe and affordable reusable alternatives to disposable plastic products; or (C) beneficial reuse of solid waste, plastic waste, post- consumer materials, plastic products, and refuse; (5) use clear, accountable, and metric-based targets to measure the effectiveness of such projects; and (6) engage international partners in an existing multilateral forum (or, if necessary, establish through an international agreement a new multilateral forum) to improve global cooperation on-- (A) creating tangible metrics for evaluating efforts to reduce plastic waste and marine debris; (B) developing and implementing best practices at the national and subnational levels of foreign countries, particularly countries with little to no solid waste or post- consumer materials management systems, facilities, or policies in place for-- (i) collecting, disposing, recycling, and reusing plastic waste and post-consumer materials, including building capacity for improving post-consumer materials management; and (ii) integrating alternatives to disposable plastic products, to the extent practicable; (C) encouraging the development of standards and practices, and increasing recycled content percentage requirements for disposable plastic products; (D) integrating tracking and monitoring systems into post- consumer materials management systems; [[Page S145]] (E) fostering research to improve scientific understanding of-- (i) how microfibers and microplastics may affect marine ecosystems, human health and safety, and maritime activities; (ii) changes in the amount and regional concentrations of plastic waste in the ocean, based on scientific modeling and forecasting; (iii) the role rivers, streams, and other inland waterways play in serving as conduits for mismanaged waste traveling from land to the ocean; (iv) effective means to eliminate present and future leakages of plastic waste into the environment; and (v) other related areas of research the United States representatives deem necessary; (F) encouraging the World Bank and other international finance organizations to prioritize efforts to reduce plastic waste and combat marine debris; (G) collaborating on technological advances in post- consumer materials management and recycled plastics; (H) growing economic opportunities and developing markets for recyclable, reusable, and repurposed plastic waste and post-consumer materials and other efforts that support the circular economy; and (I) advising foreign countries, at both the national and subnational levels, on the development and execution of regulatory policies, services, including recycling and reuse of plastic, and laws pertaining to reducing the creation and the collection and safe management of-- (i) solid waste; (ii) post-consumer materials; (iii) plastic waste; and (iv) marine debris. SEC. 204. ENHANCING INTERNATIONAL OUTREACH AND PARTNERSHIP OF UNITED STATES AGENCIES INVOLVED IN MARINE DEBRIS ACTIVITIES. (a) Findings.--Congress recognizes the success of the marine debris program of the National Oceanic and Atmospheric Administration and the Trash-Free Waters program of the Environmental Protection Agency. (b) Authorization of Efforts To Build Foreign Partnerships.--The Under Secretary and the EPA Administrator shall work with the Secretary of State and the Administrator of the United States Agency for International Development to build partnerships, as appropriate, with the governments of foreign countries and to support international efforts to combat marine debris. SEC. 205. NEGOTIATION OF NEW INTERNATIONAL AGREEMENTS. Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report-- (1) assessing the potential for negotiating new international agreements or creating a new international forum to reduce land-based sources of marine debris and derelict fishing gear, consistent with section 203; (2) describing the provisions that could be included in such agreements; and (3) assessing potential parties to such agreements. SEC. 206. CONSIDERATION OF MARINE DEBRIS IN NEGOTIATING INTERNATIONAL AGREEMENTS. In negotiating any relevant international agreement with any country or countries after the date of the enactment of this Act, the President shall, as appropriate-- (1) consider the impact of land-based sources of plastic waste and other solid waste from that country on the marine and aquatic environment; and (2) ensure that the agreement strengthens efforts to eliminate land-based sources of plastic waste and other solid waste from that country that impact the marine and aquatic environment. TITLE III--IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS SEC. 301. STRATEGY FOR IMPROVING POST-CONSUMER MATERIALS MANAGEMENT AND WATER MANAGEMENT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the EPA Administrator shall, in consultation with stakeholders, develop a strategy to improve post-consumer materials management and infrastructure for the purpose of reducing plastic waste and other post-consumer materials in waterways and oceans. (b) Release.--On development of the strategy under subsection (a), the EPA Administrator shall-- (1) distribute the strategy to States; and (2) make the strategy publicly available for use by-- (A) for-profit private entities involved in post-consumer materials management; and (B) other nongovernmental entities. SEC. 302. SENSE OF THE SENATE FOR ISSUES TO BE INCLUDED IN STRATEGY FOR POST-CONSUMER MATERIALS MANAGEMENT AND WATER MANAGEMENT. It is the sense of the Senate that the strategy under section 301 should address, for the purpose of reducing plastic waste and other post-consumer materials in waterways and oceans-- (1) the harmonization of post-consumer materials management protocols, including-- (A) an evaluation of waste streams to determine which waste streams are most likely to become marine debris; and (B) a determination of how to reduce the generation of products that contribute to those waste streams; (2) best practices for the collection of post-consumer recyclables; (3) improved quality and sorting of post-consumer recyclable materials through opportunities such as-- (A) education and awareness programs; (B) improved infrastructure, including new equipment and innovative technologies for processing of recyclable materials; (C) enhanced markets for recycled material; and (D) standardized measurements; (4) increasing capacity, where practicable, for more types of plastic (including plastic films) and other materials to be reduced, collected, processed, and recycled or repurposed into usable materials or products; (5) the development of new strategies and programs that prioritize engagement and cooperation with States and the private sector to expedite efforts and assistance for States to partner with, encourage, advise, and facilitate the development and execution, where practicable, of projects, programs, and initiatives-- (A) to improve operations for post-consumer materials management and reduce the generation of plastic waste; (B) to monitor how well post-consumer materials management entities are functioning; (C)(i) to identify the operational challenges of post- consumer materials management; and (ii) to develop policy and programmatic solutions to those challenges; and (D) to end intentional and unintentional incentives to improperly dispose of post-consumer materials; (6) strengthening markets for products with high levels of recycled plastic content; and (7) the consideration of complementary activities, such as-- (A) reducing waste upstream and at the source of the waste, including anti-litter initiatives; (B) developing effective post-consumer materials management provisions in stormwater management plans; (C) capturing post-consumer materials at stormwater inlets, at stormwater outfalls, or in bodies of water; (D) providing education and outreach relating to post- consumer materials movement and reduction; (E) monitoring or modeling post-consumer material flows and the reduction of post-consumer materials resulting from the implementation of best management practices; and (F) incentives for manufacturers to design packaging and consumer goods that can more easily be reused, recycled, repurposed, or otherwise removed from the waste stream after their initial use. SEC. 303. GRANT PROGRAMS. (a) Post-Consumer Materials Management Infrastructure Grant Program.-- (1) In general.--The EPA Administrator may provide grants to States, as defined in section 2, to implement the strategy developed under section 301(a) and-- (A) to support improvements to local post-consumer materials management, including municipal recycling programs; (B) to assist local waste management authorities in making improvements to local waste management systems; (C) to deploy waste interceptor technologies, such as ``trash wheels'' and litter traps, to manage the collection and cleanup of aggregated waste from waterways; and (D) for such other purposes as the EPA Administrator determines to be appropriate. (2) Applications.--To be eligible to receive a grant under paragraph (1), the applicant State shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require. (3) Contents of applications.--In developing application requirements, the EPA Administrator shall consider requesting that a State applicant provide-- (A) a description of-- (i) the project or projects to be carried out by entities receiving the grant; and (ii) how the project or projects would result in the generation of less plastic waste; (B) a description of how the funds will support disadvantaged communities; and (C) an explanation of any limitations, such as flow control measures, that restrict access to reusable or recyclable materials. (4) Report to congress.--Not later than January 1, 2023, the EPA Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes-- (A) a description of the activities carried out under this subsection; (B) estimates as to how much plastic waste was prevented from entering the oceans and other waterways as a result of activities funded by the grant; and (C) a recommendation on the utility of evolving the grant program into a new waste management State revolving fund. (b) Drinking Water Infrastructure Grants.-- (1) In general.--The EPA Administrator may provide competitive grants to units of local government, including units of local government that own treatment works (as defined in section 212 of the Federal Water [[Page S146]] Pollution Control Act (33 U.S.C. 1292)), Indian Tribes, and public water systems (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)), as applicable, to support improvements in reducing and removing plastic waste and post-consumer materials, including microplastics and microfibers, from drinking water, including planning, design, construction, technical assistance, and planning support for operational adjustments. (2) Applications.--To be eligible to receive a grant under paragraph (1), an applicant shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require. (c) Wastewater Infrastructure Grants.-- (1) In general.--The EPA Administrator may provide grants to units of local government, including units of local government that own treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)), Indian Tribes, and public water systems (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)), as applicable, to support improvements in reducing and removing plastic waste and post-consumer materials, including microplastics and microfibers, from wastewater. (2) Applications.--To be eligible to receive a grant under paragraph (1), an applicant shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require. (d) Trash-free Waters Grants.-- (1) In general.--The EPA Administrator may provide grants to units of local government, Indian Tribes, and nonprofit organizations-- (A) to support projects to reduce the quantity of solid waste in bodies of water by reducing the quantity of waste at the source, including through anti-litter initiatives; (B) to enforce local post-consumer materials management ordinances; (C) to implement State or local policies relating to solid waste; (D) to capture post-consumer materials at stormwater inlets, at stormwater outfalls, or in bodies of water; (E) to provide education and outreach about post-consumer materials movement and reduction; and (F) to monitor or model flows of post-consumer materials, including monitoring or modeling a reduction in trash as a result of the implementation of best management practices for the reduction of plastic waste and other post-consumer materials in sources of drinking water. (2) Applications.--To be eligible to receive a grant under paragraph (1), an applicant shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require. (e) Applicability of Federal Law.-- (1) In general.--The EPA Administrator shall ensure that all laborers and mechanics employed on projects funded directly, or assisted in whole or in part, by a grant established by this section shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code. (2) Authority.--With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (f) Limitation on Use of Funds.--A grant under this section may not be used (directly or indirectly) as a source of payment (in whole or in part) of, or security for, an obligation the interest on which is excluded from gross income under section 103 of the Internal Revenue Code of 1986. (g) Authorization of Appropriations.-- (1) In general.--Subject to paragraph (2), there are authorized to be appropriated-- (A) for the program described subsection (a), $55,000,000 for each of fiscal years 2021 through 2025; and (B) for each of the programs described subsections (b), (c), and (d), $10,000,000 for each of fiscal years 2021 through 2025. (2) No impact on other federal funds.-- (A) In general.--No funds shall be made available under paragraph (1) to carry out subsections (b) and (c) in a fiscal year if the total amount made available to carry out the programs described in subparagraph (B) for that fiscal year is less than the total amount made available to carry out the programs described in subparagraph (B) for fiscal year 2019. (B) Programs described.--The programs referred to in subparagraph (A) are-- (i) State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12); (ii) programs for assistance for small and disadvantaged communities under subsections (a) through (j) of section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j-19a); and (iii) State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.). SEC. 304. STUDY ON REPURPOSING PLASTIC WASTE IN INFRASTRUCTURE. (a) In General.--The Secretary of Transportation (referred to in this section as the ``Secretary'') and the EPA Administrator shall jointly enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies will-- (1) conduct a study on the uses of plastic waste in infrastructure; and (2) as part of the study under paragraph (1)-- (A) identify domestic and international examples of-- (i) the use of plastic waste materials described in that paragraph; (ii) infrastructure projects in which the use of plastic waste has been applied; and (iii) projects in which the use of plastic waste has been incorporated into or with other infrastructure materials; (B) assess-- (i) the effectiveness and utility of the uses of plastic waste described in that paragraph; (ii) the extent to which plastic waste materials are consistent with recognized specifications for infrastructure construction and other recognized standards; (iii) relevant impacts of plastic waste materials compared to non-waste plastic materials; (iv) the health, safety, and environmental impacts of-- (I) plastic waste on humans and animals; and (II) the increased use of plastic waste for infrastructure; (v) the ability of plastic waste infrastructure to withstand natural disasters, extreme weather events, and other hazards; and (vi) plastic waste in infrastructure through an economic analysis; and (C) make recommendations with respect to what standards or matters may need to be addressed with respect to ensuring human and animal health and safety from the use of plastic waste in infrastructure. (b) Report Required.--Not later than 2 years after the date of enactment of this Act and subject to the availability of appropriations, the Secretary and the EPA Administrator shall submit to Congress a report on the study conducted under subsection (a). SEC. 305. STUDY ON EFFECTS OF MICROPLASTICS IN FOOD SUPPLIES AND SOURCES OF DRINKING WATER. (a) In General.--The EPA Administrator, in consultation with the Under Secretary, shall seek to enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies will conduct a human health and environmental risk assessment on microplastics, including microfibers, in food supplies and sources of drinking water. (b) Report Required.--Not later than 2 years after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report on the study conducted under subsection (a) that includes-- (1) a science-based definition of ``microplastics'' that can be adopted in federally supported monitoring and future assessments supported or conducted by a Federal agency; (2) recommendations for standardized monitoring, testing, and other necessary protocols relating to microplastics; (3)(A) an assessment of whether microplastics are currently present in the food supplies and sources of drinking water of United States consumers; and (B) if the assessment under subparagraph (A) is positive-- (i) the extent to which microplastics are present in the food supplies and sources of drinking water; and (ii) an assessment of the type, source, prevalence, and risk of microplastics in the food supplies and sources of drinking water; (4) an assessment of the risk posed, if any, by the presence of microplastics in the food supplies and sources of drinking water of United States consumers that includes-- (A) an identification of the most significant sources of those microplastics; and (B) a review of the best available science to determine any potential hazards of microplastics in the food supplies and sources of drinking water of United States consumers; and (5) a measurement of-- (A) the quantity of environmental chemicals that absorb to microplastics; and (B) the quantity described in subparagraph (A) that would be available for human exposure through food supplies or sources of drinking water. SEC. 306. REPORT ON ELIMINATING BARRIERS TO INCREASE THE COLLECTION OF RECYCLABLE MATERIALS. Not later than 1 year after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report describing-- (1) the economic, educational, technological, resource availability, legal, or other barriers to increasing the collection, processing, and use of recyclable materials; and (2) recommendations to overcome the barriers described under paragraph (1). SEC. 307. REPORT ON ECONOMIC INCENTIVES TO SPUR DEVELOPMENT OF NEW END-USE MARKETS FOR RECYCLED PLASTICS. Not later than 1 year after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report describing [[Page S147]] the most efficient and effective economic incentives to spur the development of additional new end-use markets for recyclable plastics (including plastic film), including the use of increased recycled content by manufacturers in the production of plastic goods and packaging. SEC. 308. REPORT ON MINIMIZING THE CREATION OF NEW PLASTIC WASTE. (a) In General.--The EPA Administrator, in coordination with the Interagency Marine Debris Coordinating Committee and the National Institute of Standards and Technology, shall conduct a study on minimizing the creation of new plastic waste. (b) Report.--Not later than 2 years after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report on the study conducted under subsection (a) that includes-- (1) an estimate of the current and projected United States consumption of plastics, by type of plastic, including consumer food products; (2) an estimate of the environmental effects and impacts of plastic use in relation to other materials; (3) an estimate of current and projected future recycling rates of plastics, by type of plastic; (4) an assessment of opportunities to minimize the creation of new plastic waste, including consumer food products, by reducing, recycling, reusing, refilling, refurbishing, or capturing plastic that would otherwise be part of a waste stream; and (5) an assessment of what recycled content standards for plastic are technologically and economically feasible, and the impact of the standards on recycling rates. ____________________
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