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                                                     Calendar No. 378
116th Congress }                                            { Report
                                 SENATE
 2d Session    }                                            { 116-239

======================================================================

 
                 AMERICA'S CONSERVATION ENHANCEMENT ACT

                                _______
                                

                  June 1, 2020.--Ordered to be printed

                                _______
                                

   Mr. Barrasso, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 3051]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 3051) to improve protections for 
wildlife, and for other purposes, having considered the same, 
reports favorably thereon with an amendment in the nature of a 
substitute and recommends that the bill, as amended, do pass.

                    General Statement and Background

    America's Conservation Enhancement Act (ACE Act) is a 
comprehensive wildlife conservation package. It protects 
wildlife, wildlife habitat, and enhances recreational hunting 
and sportfishing, which are essential activities to ensure 
continued funding of wildlife conservation. The bill also 
addresses depredation challenges, wildlife disease, and 
invasive species, as well as authorizes studies into federal 
expenditures and improved conservation under the Endangered 
Species Act (ESA).

Human-Predator Interactions

    Partly due to recent reporting on human-predator 
interactions that resulted in death or bodily harm to people, 
the public has a heightened awareness of the mutual danger that 
such interactions can pose to each.
    While infrequent, the results of even one human-predator 
incident can be severe. From 2000 to the present, there have 
been 113 grizzly attacks in the country, of which 14 were 
fatal.\1\ These attacks occurred in Alaska, Idaho, Montana and 
Wyoming.\2\ These attacks often result from surprise 
encounters, which could become increasingly frequent due to 
increases in bear populations, as well as the expansion of 
human residential areas and recreational opportunities.\3\ 
There are instances of the euthanization of bears involved in 
such incidents.\4\ Additionally, bears are often attracted to 
human-occupied areas due to the presence of human food or 
livestock, resulting in the public safety need to put them 
down.\5\ Arizona state wildlife officials euthanized four black 
bears over two weeks in 2018 after they became accustomed to 
human food sources.\6\ In 2018, Wyoming removed 32 grizzly 
bears from the northwest part of the state due to a variety of 
conflicts with humans.\7\
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    \1\G. Bombieri et al., Table 1 Number of Brown Bear Attacks on 
Humans Recorded During the Period 2000-2015 and Characteristics of the 
Country/Jurisdiction Where the Attacks Occurred, Table in Brown Bear 
Attacks on Humans: A Worldwide Perspective, Nature: Sci. Reps. (June 
12, 2019), https://www.nature.com/articles/s41598-019-44341-w/tables/1.
    \2\Id.
    \3\See Steve Primm, Reflections on the Fatal Grizzly Bear Mauling 
in Wyoming, Mountain J. (Sept. 19, 2018), https://mountainjournal.org/
reflections-on-fatal-bear-attack-in-wyoming.
    \4\Sarah Kaplan, When a Bear Takes a Human's Life, It Almost Always 
Pays with Its Own, Wash. Post (Aug. 11, 2015), https://
www.washingtonpost.com/news/morning-mix/wp/2015/08/11/when-a-bear-
takes-a-humans-life-it-almost-always-pays-with-its-own/
?utm_term=.94762b930ded.
    \5\Jim Ammons, Your Turn: Why We Euthanized Those Bears, and What 
You Can Do to Stop It, AZ Cent. (June 9, 2018, 6:00 AM), https://
www.azcentral.com/story/opinion/op-ed/2018/06/09/arizona-bears-
euthanized-if-people-keep-feeding-them/677174002/.
    \6\Id 
    \7\Brian DeBolt, Grizzly Bear Management Captures, Relocations, and 
Removals in Northwest Wyoming, 2018 Annual Report, Wyo. Game & Fish 
Dep't (2019), https://wgfd.wyo.gov/WGFD/media/content/PDF/Wildlife/
Large%20Carnivore/2018-Grizzly-Bear-Relocation-Report-UpdatedFinal1-10-
2019.pdf.
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    Sharks are another example of a predator species that has 
received significant media coverage when conflicts with humans 
transpire. Worldwide, there are an estimated 70 to 100 shark 
attacks each year.\8\ Between five and 15 of those result in 
death.\9\ According to the International Shark Attack File 
maintained by the Florida Museum of Natural History, there were 
66 unprovoked shark attacks on humans worldwide in 2018, 
including 32 in the United States alone.\10\ The majority of 
the time, humans were engaged in aquatic recreation in areas 
frequented by sharks.\11\ Conversely, National Geographic 
reported in 2013 that human activities, primarily through 
illegal shark finning, kill around 100 million sharks worldwide 
each year.\12\
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    \8\What Are the Odds of a Shark Attack?, Wildlife Museum, https://
www.thewildlifemuseum.org/exhibits/sharks/odds-of-a-shark-attack/ (last 
visited July 16, 2019).
    \9\Id.
    \10\Yearly Worldwide Shark Attack Summary, Fla. Museum Nat. Hist., 
https://www.floridamuseum.ufl.edu/shark-attacks/yearly-worldwide-
summary/ (last visited July 11, 2019).
    \11\Id.
    \12\100 Million Sharks Killed Every Year, Study Shows on Eve of 
International Conference on Shark Protection, Nat'l. Geographic (Mar. 
1, 2013), https://www.nationalgeographic.com/people-and-culture/onward/
2013/03/01/100-million-sharks-killed-every-year-study-shows-on-eve-of-
international-conference-on-shark-protection/.
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    Bears and sharks are not the only predators that 
occasionally come into conflict with humans. Humans 
occasionally encounter alligator in parts of the United States, 
especially in Florida. As of October 2018, the Florida Fish and 
Wildlife Conservation Commission reported 282 alligator bites 
where the victim's injuries required medical care (including 25 
fatalities) since 1948.\13\ During that same period, there were 
128 bites in which the victim's injuries only required first 
aid or no medical treatment.\14\ The state averaged ten 
alligator bites per year in the 2010s.\15\ Researchers from the 
University of North Florida have linked the increase in human-
alligator conflicts in Florida to human population growth and 
expanded human development in alligator habitat.\16\
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    \13\Florida Fish and Wildlife Conservation Commission Alligator 
Bites on People in Florida, Fla. Fish & Wildlife Conservation Comm'n 
(2019), https://myfwc.com/media/1716/alligator-gatorbites.pdf.
    \14\Id.
    \15\Gina Martinez, Why Deadly Alligator Attacks Like South Carolina 
Are a Growing Trend, Time (Aug. 21, 2018), https://time.com/5373173/
south-carolina-alligator-attack-growing/.
    \16\https://www.tampabay.com/news/publicsafety/Alligator-attacks-
are-on-the-rise-in-Florida-Thank-humans-scientists-say-_171148245/.
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    The Committee received testimony stressing the importance 
of innovative solutions that are more effective at reducing 
conflicts between humans and predators, and how such solutions 
are paramount to the future of coexistence between people and 
wildlife.\17\
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    \17\See Theodore Roosevelt Genius Prize: Innovating Solutions to 
Reduce Human-Predator Conflict Hearing Before the S. Comm. on Env't and 
Pub. Works, 116th Cong. (July 24, 2019) (statement of Brad S. Hovinga, 
Jackson Regional County Supervisor, Wyoming Game and Fish Department).
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Depredation of Livestock

    Livestock depredations can have negative impacts on the 
livelihoods of Americans.\18\ Such acts can result in the death 
or injury of valuable livestock property. In addition, 
according to testimony received by the Committee, depredations 
can cause stress to livestock that manifests through ``loss of 
pregnancy, reduced pregnancy rates, decreased rate of gain; 
changes in calving/birthing procedures due to the unsafe nature 
of leaving pregnant livestock to give birth in pastures; 
upgrading fencing and other . . . deterrent practices. All of 
these factors are costly.''\19\ In some cases, depredations may 
occur around specific periods each year, including during 
calving and lambing seasons.\20\
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    \18\Hearing on Modernization of the Endangered Species Act Before 
the S. Comm. On Env't and Pub. Works, 115th Cong. (Feb. 13, 2017) 
(statement of James Holte, President, Wisconsin Farm Bureau 
Federation).
    \19\Id.
    \20\See Risch Tosches, Ruthless Ravens Turn Ranchers into 
Predators, The Denver Post (last modified May 13, 2016), https://
www.denverpost.com/2006/07/01/ruthless-ravens-turn-ranchers-into-
predators/.
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    Several statutes under the Committee's jurisdiction protect 
species known to prey on livestock.\21\ In some cases these 
important environmental laws unintentionally place some farmers 
and ranchers in the predicament of having to choose between 
violating the law to protect their livestock, or alternatively, 
seeing their livestock killed or injured.
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    \21\See, e.g., Act of June 8, 1940 (commonly known as the ``Bald 
and Golden Eagle Protection Act''), 16 U.S.C. Sec. Sec. 668-668d; 
Endangered Species Act of 1973, 16 U.S.C. Sec. Sec. 1531-1544; 
Migratory Bird Treaty Act, 16 U.S.C. Sec. Sec. 703-712.
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Non-lethal Predator Control

    In 2014, Washington State University researchers published 
25 years of research demonstrating that when wolves were killed 
one year, more livestock were killed by wolves in the next.\22\ 
Non-lethal control measures for wolves include guard dogs and 
lights and sounds. Although more research on the efficacy of 
both lethal and non-lethal predator control methods is needed, 
non-lethal methods have been demonstrated to be useful in 
preventing conflicts between a variety of wildlife and humans 
and livestock.
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    \22\Robert B. Wielgus & Kaylie A. Peebles, Effects of Wolf 
Mortality on Livestock Depredations, PLOS ONE (Dec. 3, 2014), https://
journals.plos.org/plosone/article?id=10.1371/
journal.pone.0113505.
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Chronic Wasting Disease

    Chronic Wasting Disease (CWD) was first discovered in 1967 
in a captive deer and elk research facility in Colorado.\23\ It 
was not detected in the wild until 1978.\24\ CWD affects all 
native North American members of the Cervidae family, which 
includes white-tailed deer, mule deer, elk, red deer, moose, 
reindeer, and caribou. As of November 16, 2019, CWD has been 
detected in 26 states and at least three Canadian 
provinces.\25\
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    \23\Hearing on a Bill to Create a U.S. Fish and Wildlife Service 
Chronic Wasting Disease Task Force Before the S. Comm. on Env't and 
Pub. Works, 116th Cong. (Dec. 4, 2019) [hereafter Chronic Wasting 
Disease Task Force Hearing] (statement of Brian Nesvik, Director, 
Wyoming Game and Fish Department).
    \24\Hearing on Chronic Wasting Disease: The Threats to Wildlife, 
Public Lands, Hunting, and Health Before the H. Comm. on Nat. Res., 
Subcomm. on Oversight and Investigations, 116th Cong. (June 25, 2019) 
[hereinafter Chronic Wasting Disease Hearing] (statement of Dr. Krysten 
L. Schuler, Wildlife Disease Ecologist, Cornell University).
    \25\U.S. Geological Survey, Expanding Distribution of Chronic 
Wasting Disease (Nov. 16, 2019). https://www.usgs.gov/centers/nwhc/
science/expanding-distribution-chronic-wasting-disease?qt-
science_center_objects=0#qt-science_center_objects.
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    CWD is in the family of diseases known as transmissible 
spongiform encephalopathies (TSEs).\26\ Among others, bovine 
spongiform encephalopathy, often called ``mad cow disease'' 
(affecting cattle) and Creutzfeldt-Jakob disease (affecting 
humans), are also TSEs. While scientific consensus has not been 
reached, it is generally accepted that the cause of TSEs are 
misfolded prion proteins. These proteins can misfold due to 
genetic mutations or enter the body through an external source. 
Prions convert normal cellular proteins to abnormal forms that 
cannot be broken down. The prion then multiplies in the body 
and causes degeneration of the central nervous system.
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    \26\Chronic Wasting Disease Hearing, supra note 23 (statement of 
Dr. Krysten L. Schuler, Wildlife Disease Ecologist, Cornell 
University).
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    A prion is not a bacteria or a virus, and there are no 
treatments available. Antibiotics are not effective, and there 
have been no successful vaccine trials in cervids.\27\ Although 
no specific genetic immunity has been identified, the 
unpredictable spread of the disease has raised questions about 
method of infection and whether or not certain genetic factors 
may predispose individual animals to the disease. Animals can 
carry and transmit the disease for periods without symptoms 
before succumbing to it.\28\
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    \27\Mary E. Wood, Accelerated Onset of Chronic Wasting Disease in 
Elk (Cervus canadensis) Vaccinated with a PrPSc-Specific Vaccine and 
Housed in a Prion Contaminated Environment, Nat'l Ctr. Biotech. Info. 
(Nov. 29, 2018), https://www.ncbi.nlm.nih.gov/pubmed/30414779.
    \28\Chronic Wasting Disease Task Force Hearing, supra note 22 
(statement of Brian Nesvik, Director, Wyoming Game and Fish 
Department).
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    CWD poses one of the most significant threats to North 
American hunters. At a June 2019 House Natural Resources 
Committee hearing on CWD, the President of the National Deer 
Alliance stated,

          CWD is an unprecedented threat to healthy deer herds, 
        our hunting traditions, and the North American Model 
        for Wildlife Conservation. . . . It is unrealistic to 
        think that CWD is going away any time soon. We need to 
        come to grips with the idea that this is a `forever' 
        issue, and that there is no end in sight.\29\
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    \29\Chronic Wasting Disease Hearing, supra note 23 (statement of 
Nick Pinizzotto, President and CEO of the National Deer Alliance).

    For infected herds, research has shown that white-tailed 
deer populations decline by ten percent annually,\30\ while 
mule deer populations decrease by 21 percent annually.\31\ 
While there is no current evidence that CWD is transmissible to 
humans through exposure or consumption, the Centers for Disease 
Control and Prevention (CDC) recommends that hunters test their 
harvest for CWD and avoid consuming meat from animals with 
positive samples.\32\ Because of these warnings, some conclude 
that hunters are buying fewer licenses, causing a subsequent 
decline in states' revenue for wildlife management. Thus, CWD 
not only poses a threat to hunters, but to the agencies 
responsible for controlling and eradicating CWD.
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    \30\David R. Edmunds et al., Chronic Wasting Disease Drives 
Population Decline of White-Tailed Deer, PLOS One 11(8): e0161127 (Aug. 
30, 2016), https://journals.plos.org/plosone/article?id=10.1371/
journal.pone.0161127.
    \31\Melia T. DeVivo et al., Endemic Chronic Wasting Disease Causes 
Mule Deer Population Decline in Wyoming, PLOS One 12(10): e0186512 
(Oct. 19, 2017), https://journals.plos.org/plosone/article?id=10.1371/
journal.pone.0186512.
    \32\Ctr. for Disease Control & Prevention, Chronic Wasting Disease: 
Prevention (last reviewed Oct. 9, 2018), https://www.cdc.gov/prions/
cwd/prevention.html.
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    During an October 2019 EPW hearing, witnesses mentioned CWD 
as a risk to cervid populations. Wildlife health veterinarian 
and Texas A&M professor Dr. Walter Cook and United States Fish 
and Wildlife Service (USFWS) Deputy Director Stephen Guertin 
both recognized CWD management efforts as a top priority. 
Guertin stated, ``[e]radication of the disease from free-
ranging cervids is not a realistic objective. Therefore, 
prevention of the disease and limiting its spread is 
essential.''\33\ Dr. Cook testified, ``[i]t would be ideal if a 
group of respected CWD authorities could determine common 
management needs and an overall public message.''\34\
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    \33\Hearing on Examining the Impacts of Disease on Wildlife 
Conservation and Management Before the S. Comm. on Env't and Pub. 
Works, 116th Cong. (Oct. 16, 2019) (statement of Stephen Guertin, 
Deputy Director of Policy, U.S. Fish and Wildlife Service).
    \34\Id. (statement of Dr. Walter E. Cook, Clinical Associate 
Professor, Texas A&M University).
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    To address this need for enhanced coordination and 
collaboration between CWD experts, EPW held a hearing in 
December 2019 to consider legislation to create a U.S. Fish and 
Wildlife Service CWD Task Force. Witnesses from the Wyoming 
Game and Fish Department, West Virginia Department of 
Agriculture, and Theodore Roosevelt Conservation Partnership 
testified about the importance of coordinating and expediting 
the federal response to CWD.

Invasive Species

    An ``invasive species'' has been defined under Presidential 
Executive Order 13112 as ``an alien species whose introduction 
does or is likely to cause economic or environmental harm or 
harm to human health.''\35\ Roughly, 50,000 non-native 
species,\36\ 6,500 of which are considered ``invasive'' by the 
United States Geological Survey (USGS), have been introduced to 
the United States.\37\ Federal policy delineates treatment of 
non-native species from invasive species, as there are any 
number of beneficial non-native species introduced for crop 
production, pest control, and other beneficial uses.
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    \35\Exec. Order No. 13,112 (Feb. 3, 1999).
    \36\Renee Johnson et al., Invasive Species: Major Laws and the Role 
of Selected Federal Agencies, Congressional Research Serv. (Jan. 17, 
2017), https://crsreports.congress.gov/product/pdf/R/R43258.
    \37\U.S. Geological Survey, Invasive Species Program, https://
www.usgs.gov/ecosystems/invasive-species-program (last visited last 
visited Feb. 1, 2019).
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    Invasive species have an annual economic cost estimated at 
more than $127 billion\38\ in terms of damages to 
infrastructure, crops, tourism, and biodiversity, among many 
other harms. To illustrate,
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    \38\Johnson et al., supra note 35.

          Burmese pythons, which are multiplying in south 
        Florida, are becoming a top carnivore and killing large 
        numbers of native species of reptiles, birds, and 
        mammals. Zebra and quagga mussels from Eastern Europe 
        are clogging intakes for urban water supplies and 
        nuclear power plants in the Great Lakes and the 
        Mississippi basin. The light brown apple moth, a native 
        pest of Australia, has been detected in California and 
        is causing damage to a wide range of plant species and 
        commercial fruit and vegetable crops. Leafy spurge is 
        lowering the forage value of western grazing land, and 
        reducing overall land values.\39\
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    \39\Id.

    United States agricultural crop and livestock production 
suffers the largest damage, amounting to $65 billion 
annually.\40\
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    \40\Id.
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    Additionally, USFWS has identified invasive species as a 
leading cause of native species' decline.\41\ The National 
Wildlife Federation estimates that roughly 42 percent of 
threatened or endangered species are at risk because of 
invasive species.\42\ This impact is attributable, in part, to 
invasive species preying on native species, carrying disease, 
outcompeting native species for resources, and preventing 
native species' reproduction.\43\
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    \41\See Fish & Wildlife Serv., Invasive Species: Endangered Species 
Program (last updated Jan. 19, 2012), https://www.fws.gov/invasives/
endangered-species.html.
    \42\Nat'l Wildlife Fed'n, Invasive Species, https://www.nwf.org/
Educational-Resources/Wildlife-Guide/Threats-to-Wildlife/Invasive-
Species (last visited Feb. 1, 2019).
    \43\Id.
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    Invasive pathogens also jeopardize public health. For 
example, the mosquito-borne West Nile Virus, initially 
discovered in Africa in 1937,\44\ has spread to almost every 
state in the country since it was first discovered in the 
United States in 1999.\45\ According to the CDC, ``as of 
December 11, 2018, a total of 49 states and the District of 
Columbia have reported West Nile virus infections in people, 
birds, or mosquitos in 2018.''\46\ Between 1999 and 2014, a CDC 
team estimated that treating the virus in the United States has 
cost between $670 million and $1 billion.\47\ During that same 
period, West Nile led to the deaths of at least 1,500 people in 
the United States.\48\ In 2018, 2,544 domestic cases of the 
virus were reported and 137 Americans died as a result.\49\ 
Recently, in 2017, the Asian longhorned tick, a species not 
native to the western hemisphere, was found for the first time 
in the eastern United States.\50\ If bitten by this tick, a 
person or animal may contract a serious illness.\51\
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    \44\James J. Sejvar, West Nile Virus: An Historical Overview, 
Ochsner J. (1999), http://www.ochsnerjournal.org/content/ochjnl/5/3/
6.full.pdf.
    \45\Ctr. for Disease Control & Prevention, West Nile Virus: 2019 
Provisional Human Data (last updated Dec. 17, 2019), https://
wwwn.cdc.gov/arbonet/Maps/ADB_Diseases_Map/index.html (last visited 
Dec. 20, 2019).
    \46\Ctr. for Disease Control & Prevention, West Nile Virus: 
Preliminary Maps & Data for 2018, https://web.archive.org/web/
20190108075526/https://www.cdc.gov/westnile/statsmaps/
preliminarymapsdata2018/index.html (archived on Jan. 8, 2019).
    \47\J. Erin Staples et al., Initial and Long-Term Costs of Patients 
Hospitalized with West Nile Virus Disease, Am. J. Tropical Med. & 
Hygiene (Mar. 5, 2014), http://www.ajtmh.org/content/journals/10.4269/
ajtmh.13-0206.
    \48\Nat'l Pub. Radio, The High Cost of Treating People Hospitalized 
with West Nile Virus (Feb. 12, 2014), https://www.npr.org/sections/
health-shots/2014/02/11/275262857/the-high-cost-of-treating-people-
hospitalized-with-west-nile-virus.
    \48\James J. Sejvar, West Nile Virus: An Historical Overview, 
Ochsner J. (1999), http://www.ochsnerjournal.org/content/ochjnl/5/3/
6.full.pdf.
    \49\Ctr. for Disease Control & Prevention, West Nile Virus Disease 
Cases and Presumptive Viremic Blood Donors by State (2018), https://
www.cdc.gov/westnile/resources/pdfs/data/WNV-Disease-Cases-PVDs-by-
State-2018-P.pdf.
    \50\Ctr. for Disease Control & Prevention, What You Need to Know 
About Asian Longhorned Tick--A New Tick in the United States (last 
updated Sept. 12, 2019), https://www.cdc.gov/ticks/longhorned-tick/
index.html.
    \51\Id.
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    Domestic infrastructure also faces consequences relating to 
the presence of invasive species. Power systems face dangers to 
their water intake structures from invasives, and infestations 
can contribute to potential power outages.\52\ Transportation 
systems can require increased maintenance and invasives can 
undermine pavement stability.\53\ Buildings can suffer reduced 
structural integrity, increased grounds-keeping costs, and 
susceptibility to fire and flooding.\54\ In addition, invasive 
species may threaten both the quality and quantity of domestic 
water systems.\55\ A 2016 white paper by the Invasive Species 
Advisory Council pointed out that invasive mussel infestations 
cost the power industry around $3 billion between 1993 and 1999 
in the Great Lakes region alone, and have a $5 billion total 
economic impact.\56\
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    \52\See Nat'l Invasive Species Council, Dep't of Interior, Invasive 
Species Impacts on Infrastructure (2016), https://www.doi.gov/sites/
doi.gov/files/uploads/invasive_species_impacts_
on_infrastructure.pdf.
    \53\See id.
    \54\See id.
    \55\See Michael Vissichelli, Invasive Species Impacts on Federal 
Infrastructure, Nat'l Invasive Species Council, Dep't of Interior (Nov. 
27, 2018), https://www.doi.gov/sites/doi.gov/files/uploads/
invasive_species_impacts_on_federal_infrastructure.pdf.
    \56\Invasive Species Advisory Comm., Dep't of Interior, Invasive 
Species Impacts on Infrastructure (Dec. 6, 2016), https://www.doi.gov/
sites/doi.gov/files/uploads/isac_
infrastructure_white_paper.pdf.
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    In an effort to prevent, control, and eradicate invasive 
species domestically, the United States government spent an 
estimated $3 billion in fiscal year 2017 across a range of 
federal agencies and activities.\57\ These efforts consisted 
of, but were not limited to, species prevention, control and 
management, outreach, research, early detection, and habitat 
restoration.\58\
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    \57\R. Eliot Crafton, Invasive Species: A Brief Overview, 
Congressional Research Serv. (Oct. 26, 2018), https://
crsreports.congress.gov/product/pdf/IF/IF11011.
    \58\Id.
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    Section 7001 of the John D. Dingell, Jr. Conservation, 
Management, and Recreation Act (P.L. 116-9), which was signed 
into law on March 12, 2019, requires defined Secretaries to 
plan and carry out activities on land they manage to protect 
water and wildlife by controlling and managing invasive 
species. That legislation also obliges each listed Secretary to 
develop a strategic plan for achieving a substantive annual net 
reduction of invasive species populations or infested acreage 
on land or water they manage.

North American Wetlands Conservation Act

    The North American Wetlands Conservation Act (NAWCA) is a 
program that provides grants to organizations and individuals 
who have developed partnerships to carry out wetlands 
conservation projects in the United States, Canada, and Mexico 
for the benefit of wetlands-associated migratory birds and 
other wildlife. According to testimony received by the 
Committee, while original wetlands across the United States are 
disappearing at an alarming rate, NAWCA has led to significant 
economic and natural benefits because of its conservation of 
over 30 million acres of wetlands across North America.\59\ 
Testimony also described the fiscally responsible nature of the 
program, as each federal dollar invested is matched by an 
average of $3.20 from non-federal partners.\60\ The 
authorization of appropriations for NAWCA expired in 2012.
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    \59\See Hearing on S. 1514, the Hunting Heritage and Environmental 
Legacy Preservation (HELP) for Wildlife Act Before the S. Comm. on 
Env't and Pub. Works, 115th Cong. (July 19, 2017) [hereinafter HELP for 
Wildlife Act Hearing] (statement of Dale Hall, CEO of Ducks Unlimited).
    \60\Id.
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National Fish and Wildlife Foundation

    Congress created the National Fish and Wildlife Foundation 
(NFWF) in 1984 to bridge the public and private sector to 
protect and restore the country's fish, wildlife, and plant 
habitats. NFWF is an independent 501(c)(3) nonprofit 
organization. Its Board of Directors is made up of 30 members 
who are appointed by the Secretary of the Interior. It supports 
programs in all 50 states and U.S. territories. The 
authorization of appropriations for the National Fish and 
Wildlife Foundation Establishment Act expired in 2010.

TSCA Regulation of Sport Fishing Equipment

    In 2010 and 2012, some groups concerned about the health 
impacts of lead in the environment unsuccessfully sought to 
have the Obama administration's Environmental Protection Agency 
regulate recreational fishing tackle under the Toxic Substances 
Control Act (TSCA). The Committee received testimony related to 
these concerns, including questions about the science 
underpinning these claims and the potential economic impacts of 
banning lead from fishing tackle.\61\
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    \61\See Hearing on S.659, the Bipartisan Sportsmen's Act of 2015 
Before the S. Comm. on Env't and Pub. Works, Subcomm. on Fisheries, 
Water, and Wildlife, 114th Cong. (Mar. 17, 2015) (statement of Jeff 
Crane, President of Congressional Sportsmen's Foundation).
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    Specifically, the Committee received testimony from 
sportsmen's organizations that regulating tackle under TSCA 
would likely result in significant increases in higher fishing 
tackle prices for sportsmen due to the considerably higher raw 
materials and manufacturing costs associated with lead 
alternatives.\62\ The impact of these price increases, 
according to this testimony, would not only result in fewer 
recreational anglers, but also lead to significant job losses 
in the manufacturing sector of the U.S. economy.\63\
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    \62\Id.
    \63\Id.
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Chesapeake Bay Programs

    The Chesapeake Bay (the Bay) is the United States' largest 
estuary and the first such identified for protection and 
restoration. It encompasses six states and the District of 
Columbia, spans over 64,000 square miles, includes 3,600 
species of plants and animals, and provides sustenance and 
recreation for millions of Americans.\64\ According to 
testimony, the estuary has recently undergone noteworthy 
ecological recovery in the wake of many years of 
degradation.\65\
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    \64\U.S. Geological Survey, Chesapeake Bay, https://www.usgs.gov/
ecosystems/environments-program/science/chesapeake-bay?qt-
science_center_objects=0#qt-science_center_objects (last visited July 
16, 2019).
    \65\HELP for Wildlife Act Hearing, supra note 59 (statement of 
National Wildlife Foundation).
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    The Chesapeake Bay Program is a regional partnership 
dedicated to the Bay's restoration since 1983. Partners 
collaborating under the program to restore its health include 
federal and state agencies, local governments, nonprofit 
organizations and education institutions. The authorization of 
appropriations for this program expired in 2005.
    The Chesapeake Bay Gateways and Watertrails Program is 
comprised of two main components. The Chesapeake Bay Gateways 
and Watertrails Network consists of 170 sites dispersed 
throughout Virginia, Maryland, Delaware, Pennsylvania and 
Washington, D.C. The goal of these sites, which consist of a 
mixture of historic communities, museums, parks, and refuges, 
is to foster greater Bay-area appreciation. In addition, state, 
community, and other nongovernmental entities are able to 
obtain technical and financial assistance through the 
Chesapeake Bay Gateways Grants Assistance Program. The goal of 
these grants is to increase access to the Bay and its 
surrounding areas. The authorization of appropriations for 
these programs expires at the end of fiscal year 2019.
    While the USFWS works with landowners, private and 
community organizations, government agencies and others to 
conserve, protect and enhance fish and wildlife in the 
Chesapeake Bay region, the USFWS does not yet have an explicit 
authorization to do this important conservation work.

The Great Lakes Basin

    The Great Lakes, consisting of Lake Superior, Lake Huron, 
Lake Michigan, Lake Ontario, and Lake Erie comprise the largest 
body of fresh water on the planet,\66\ with a surface area of 
94,000 square miles.\67\ In addition, the basin is home to 
around 30 million people, including about ten percent of the 
U.S. population.\68\ According to the National Oceanic and 
Atmospheric Administration (NOAA), 1.5 million jobs are 
associated with the Great Lakes, along with $62 billion in 
wages.\69\ It is home to approximately 3,500 different species 
of plants and animals.\70\
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    \66\Envtl. Protection Agency, The Great Lakes (last updated Dec. 
16, 2019), https://www.epa.gov/greatlakes.
    \67\Nat'l Oceanic & Atmospheric Admin., Great Lakes Region: NOAA in 
the Region https://www.regions.noaa.gov/great-lakes/index.php/regional-
snapshots/ (last visited July 16, 2019).
    \68\Envtl. Protection Agency, Facts and Figures about the Great 
Lakes (Apr. 4, 2019), https://www.epa.gov/greatlakes/facts-and-figures-
about-great-lakes.
    \69\Great Lakes Region, supra note 67.
    \70\Id.
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    These lakes support a diverse ecosystem upon which the 
region's fisheries industry depends. Currently, appropriations 
made to the USGS under a variety of disparate statutory 
authorities fund research to support these fisheries. This 
disparate approach has challenged the region and prevented 
investments in the science and technology needed for sound and 
reliable fishery research that is needed in turn to support 
recreational sport fishing, commercial fisheries, tribal 
harvests, allocation decisions, and fish stocking activities.

Pittman-Robertson

    The Federal Aid in Wildlife Restoration Act (16 U.S.C. 
Sec. Sec. 669 et seq.) (Pittman-Robertson) provides wildlife 
restoration, conservation, and hunter education and safety 
program funding to all 50 states and five U.S. territories. 
These funds are derived from revenues from an 11 percent tax on 
firearms and ammunition, a ten percent tax on pistols and 
revolvers, an 11 percent tax on archery equipment, and a per 
shaft arrow tax that are deposited into the Federal Aid to 
Wildlife Restoration Fund in the Treasury under 16 U.S.C. 
Sec. 669b(a). According to USFWS, it has disbursed to the 
states a total of $12.2 billion under Pittman-Robertson between 
fiscal years 1939 and 2019.\71\ Under current law, as amended, 
Pittman-Robertson prohibits use of its funds for public 
relations.
---------------------------------------------------------------------------
    \71\Fish & Wildlife Serv., Wildlife & Sport Fish Restoration 
Program (last updated Feb. 27, 2019), https://wsfrprograms.fws.gov/
Subpages/GrantPrograms/WR/WR_Funding.htm.
---------------------------------------------------------------------------
    Under Pittman-Robertson, USFWS provides funding to the 
states and territories based on formulas in the statues that 
take into account hunting licenses sold in the state, land and 
inland water areas, and population. Thus, a decrease in the 
number of hunters over the last several years could potentially 
lead to fewer dollars being available for apportionment to the 
states for their respective conservation efforts.

Fish Habitat Conservation

    The National Fish Habitat Partnership is a program to 
conserve the nation's fish and aquatic communities through 
partnerships that foster fish habitat conservation. It was 
modeled after the success of NAWCA.\72\ It supports existing 
fish habitat partnerships and works to foster new efforts. 
Additionally, it is focused on setting national goals to 
improve aquatic systems and reverse the decline of healthy fish 
habitats.
---------------------------------------------------------------------------
    \72\HELP for Wildlife Act Hearing, supra note 59 (statement of 
Scott Gudes, Vice President, American Sportfishing Association).
---------------------------------------------------------------------------
    According to testimony received by the Committee, the 
Partnership has conserved millions of miles of coastal and 
riparian ecosystems and its $63 million in federal funding has 
led to $102 million in matching funds from a combination of 
state and local governments, private landowners, and other 
stakeholders.\73\
---------------------------------------------------------------------------
    \73\HELP for Wildlife Act Hearing, supra note 59 (letter from 
Rebecca A. Humphries, Chief Exec. Officer, Nat'l Wild Turkey Fed'n, to 
Sen. John Barrasso, Chairman, Sen. Env't & Pub. Works Comm., U.S. 
Senate, & Sen. Tom Carper, Ranking Member, Sen. Env't & Pub. Works 
Comm. (July 14, 2017) (on file with the U.S. Senate Committee for 
Environment and Public Works)).
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The Endangered Species Act

    Congress passed the ESA to provide comprehensive protection 
for species identified as endangered or threatened with 
extinction. USFWS primarily administers the ESA for terrestrial 
and freshwater species. The National Marine Fisheries Service 
(NMFS) administers the ESA for certain marine species.
    Voluntary conservation efforts are an integral part of 
wildlife conservation. It is important to encourage states, 
Indian tribes, units of local government, landowners, and other 
stakeholders to enroll in and perform on conservation 
agreements, as well as invest in and implement conservation 
activities. In addition, examining factors affecting successful 
conservation and obtaining figures on expenditures as a direct 
result of ESA may lead to improved conservation results and 
more value for taxpayer dollars.

Land-grant Institutions and Pittman-Robertson

    Pittman-Robertson funds can be used to benefit wildlife 
resources and to provide opportunities for hunter education. 
However, USFWS has determined that land previously purchased by 
land-grant institutions with federal dollars, or donated to 
them by the federal government, is ineligible to be used to 
fulfill the grant matching requirements of Pittman-Robertson 
because of its previous federal status.

                     Objectives of the Legislation

    America's Conservation Enhancement Act (ACE Act) contains a 
number of provisions that will addresses depredation 
challenges, wildlife disease, and invasive species. It extends 
programs vital to conservation efforts, protects wildlife and 
wildlife habitat, and promotes conservation through less 
burdensome restrictions on fishing equipment and permitting use 
of federal funds for hunting recruitment and retention. The ACE 
Act encourages the consideration of conservation agreements and 
activities in ESA decision-making, as well as requires two ESA 
studies. The studies assess factors affecting successful 
conservation activities under ESA and examine what the federal 
government, as a direct result of ESA provisions, is spending.

                      Section-by-Section Analysis


Section 1. Short title; table of contents

    This Act may be cited as ``America's Conservation 
Enhancement Act'' or ``ACE Act.''

         TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION


Section 101. Theodore Roosevelt Genius Prize for reducing human-
        predator conflict

    This section creates a new Theodore Roosevelt Genius Prize 
cash prize for technological innovation for reducing human-
predator conflict using non-lethal means, which may include the 
application and monitoring of tagging technologies.
    This section also provides for the administration of the 
new Theodore Roosevelt Genius Prize established under this 
section.

Section 102. Losses of livestock due to depredation by federally 
        protected species

    Subsection (a) defines terms used under this section.
    Subsection (b) requires the Secretary of the Interior, 
acting through the Director of USFWS, and the Secretary of 
Agriculture (USDA), acting through the Administrator of the 
Animal and Plant Health Inspection Service (APHIS) (together, 
the Secretaries) to establish a grant program to states and 
Indian tribes. The grants are to assist livestock producers in 
carrying out proactive and nonlethal activities to reduce the 
risk of livestock loss due to depredation by federally 
protected species and related research activities. Further, the 
grant program is to compensate livestock producers for 
livestock losses due to depredation by federally protected 
species.
    Subsection (b) also details that the Secretaries must 
allocate available funding based on the losses described in 
reports submitted by states or Indian tribes for the prior year 
ending on September 30th of each year.
    Subsection (b) also establishes criteria for states or 
Indian tribes to be eligible to receive a grant.
    Subsection (c) states the Sense of the Senate that no state 
or Indian tribe is required to participate in the program and 
that the program supplements, and does not replace or supplant, 
any state compensation programs for depredation.
    Subsection (d) authorizes $15 million in appropriations for 
fiscal years 2021 through 2025: $5 million for grants to assist 
livestock producers in carrying proactive and nonlethal 
activities to reduce the risk of livestock loss due to 
predation by federally protected species, and related research. 
In addition, $10 million to compensate livestock producers for 
livestock losses due to predation by federally protected 
species.

Section 103. Depredation permits for black vultures and common ravens

    This section affirms the existing authority of the 
Secretary of the Interior, acting through the Director of the 
USFWS, to issue depredation permits to livestock producers and 
clarifies that the Director may consider livestock losses in 
the prior year when issuing depredation permits. The permits 
authorize the taking of black vultures or common ravens to 
prevent them from taking livestock during the calving season or 
lambing season. Further, the permits may only be issued to 
livestock producers in states and regions affected or that have 
been affected in the prior year by black vulture or common 
raven depredations, as determined by the Secretary.
    This section requires that these depredation permits be 
conditioned on the permit holder reporting the taking of black 
vultures or common ravens to the appropriate enforcement 
agencies pursuant to the permit.
    Regarding the issuance of a depredation permit, the 
Committee expects that current USFWS and USDA Wildlife Services 
practices that encourage non-lethal activities prior to 
issuance pursuant to this section to continue. The Committee 
also expects the USFWS will continue to consider the 
sustainability of the species' populations when issuing 
depredation permits, consistent with applicable law and 
regulations.

Section 104. Chronic Wasting Disease Task Force

    Subsection (a) defines ``chronic wasting disease'' under 
this section.
    Subsection (b) establishes a Chronic Wasting Disease Task 
Force (the Task Force) within the USFWS.
    Subsection (b) also details the Task Force's duties, 
including collaborating with foreign governments to reduce, 
minimize, prevent, or eliminate CWD. They also include 
developing recommendations and best practices to prevent new 
introductions of CWD; prioritizing and coordinating the future 
study of CWD; and leveraging the resources of domestic and 
foreign governments, and resources from private, 
nongovernmental entities, to address CWD in the United States. 
The Task Force also has the duty of developing an interstate 
action plan. Under the interstate action plan, states and the 
Federal Government agree to enact consistent management, 
educational, and research practices relating to CWD and 
facilitate the creation of a cooperative agreement by which 
states and federal agencies agree to commit funds to implement 
best practices described in the interstate action plan.
    Subsection (b) also states that the Task Force membership 
shall comprise of one representative from USFWS; one 
representative from USGS; and two representatives from USDA, 
with one having expertise in research and the other in wildlife 
management.
    In addition, the Task Force membership must include up to 
two representatives from each qualifying state in which CWD has 
been reported to the appropriate state agency among elk, mule 
deer, white-tailed deer, or moose, with not more than one being 
a representative of the state agency with jurisdiction over 
wildlife management or wildlife disease, and in the case of a 
state with a farmed cervid program or economy, not more than 
one of being a representative of the state agency with 
jurisdiction over farmed cervid regulation. Up to two 
representatives may also come from a state that has not had CWD 
documented among elk, mule deer, white-tailed deer, or moose, 
but is carrying out measures to prevent the introduction of 
CWD.
    A maximum of two representatives may come from an Indian 
tribe or tribal organization chosen in a process determined in 
consultation with Indian tribes, by the Secretary.
    Up to five nongovernmental members with relevant CWD 
expertise may be appointed by a majority vote of the appointed 
state representatives.
    Subsection (b) also makes the representative from USFWS and 
one representative elected from amongst the represented state 
agencies as Task Force co-chairs.
    Subsection (b) also addresses the timeframe for appointing 
the Task Force members and how vacancies are to be filled.
    Subsection (b) also details the minimum frequency of the 
Task Force meetings, along with the time and place of such 
meetings.
    Subsection (b) also requires the Task Force to submit an 
interstate action plan within one year after appointment of its 
members. The Secretary and any other applicable federal agency, 
and each applicable state, must enter into a cooperative 
agreement to fund necessary actions under the interstate action 
plan. The Federal Government cannot provide more than $5 
million in a fiscal year in matching funds to those provided by 
the states for carrying out the interstate action plan through 
a cooperative agreement.
    Subsection (b) also mandates a report by the Task Force not 
later than September 30th of the first full fiscal year after 
the date on which the first members of the Task Force are 
appointed, and each September 30th thereafter. The report must 
describe the progress on the implementation of actions 
identified in the interstate action plan; updated resource 
requirements needed to reduce and eliminate CWD in the United 
States; any relevant updates to the recommended best management 
practices included in the interstate action plan; new research 
findings and emerging research needs; and any other relevant 
information.
    Subsection (c) states that the Administrator of APHIS and 
the Director of USGS (together, defined as ``the Secretaries'' 
under subsection (c) of this section), acting jointly, must 
enter into an arrangement with the National Academy of Sciences 
(the Academy) to conduct a CWD Transmission in Cervidae 
Resource Study. The Academy must submit to the Secretaries a 
report describing the findings of the study and it must 
identify the main pathways and mechanisms of the transmission 
of CWD. The Secretaries shall pay the actual expenses incurred 
by the Academy in conducting this study, subject to the 
availability of appropriations, and the study must be completed 
within 180 days after the date funds are first made available 
for it. Within 60 days of completion of the study, the 
Secretaries shall submit to specified congressional committees 
a report detailing the findings of the study and any 
conclusions and recommendations the Secretaries deem 
appropriate.
    Subsection (c) also specifies the contents of the study to 
be identified with respect to wild, captive, and farmed 
populations of cervids in the United States. It also states 
that in regards to such populations, that the study must assess 
the effectiveness of the potential prevention, detection, or 
control measures, practices, or technologies to be used to 
mitigate the spread and transmission of CWD and review and 
compare science-based best practices, standards, and guidance 
regarding the prevention, detection, and management of CWD.
    Subsection (c) also details privacy and confidentiality 
requirements to which the Secretaries are subject when sharing 
data with the Academy, as well as their obligation to protect 
confidential or privileged commercial, financial, or 
proprietary information under the jurisdiction of APHIS and 
USGS.
    Subsection (d) authorizes $5 million for the period of 
fiscal years 2021 through 2025 for the Secretary of the 
Interior to carry out the activities of the Task Force under 
subsection (b); $1.2 million for fiscal year 2021 for the 
Secretary of the Interior to fund research under subsection 
(c); and $1.2 million for fiscal year 2021 for the Secretary of 
Agriculture to fund research under subsection (c).

Section 105. Invasive species

    This section amends section 10 of the Fish and Wildlife 
Coordination Act (16 U.S.C. Sec. 666c-1). It requires that each 
``Secretary concerned'' (as defined) that is tasked with 
developing strategic plans for the implementation of their 
invasive species programs consult with stakeholders, including 
non-governmental organizations and industry. Secretaries 
concerned must also coordinate development with affected 
federal agencies.
    This section also authorizes for each of the Secretary of 
the Army, acting through the Chief of Engineers, and the 
Secretary of Interior, $2.5 million, for each of fiscal years 
2021 through 2025 to carry out section 10 of the Fish and 
Wildlife Coordination Act.

Section 106. North American Wetlands Conservation Act

    This section reauthorizes the North American Wetlands 
Conservation Act for each of fiscal years 2021 through 2025, at 
an authorized appropriations level not to exceed $60 million.

Section 107. National Fish and Wildlife Foundation Establishment Act

    This section requires the Secretary of the Interior, in 
consultation with the Secretary of Commerce and considering 
recommendations submitted by the Board of the National Fish and 
Wildlife Foundation (the Foundation), to appoint 28 Directors 
for the Foundation to six-year terms. The Directors are to be 
knowledgeable in the conservation of fish, wildlife, or other 
natural resources, and represent a balance of expertise in 
ocean, coastal, freshwater, and terrestrial resource 
conservation. It also reauthorizes appropriations for the 
Foundation at $25 million for each of fiscal years 2021 through 
2025.

Section 108. Modification of definition of sport fishing equipment 
        under Toxic Substances Control Act

    This section would make permanent the appropriations 
language that bans the Environmental Protection Agency (EPA) 
from regulating sport fishing equipment (as such term is 
defined in section 4162(a) of the Internal Revenue Code of 
1986) under the Toxic Substances Control Act.

Section 109. Reauthorization of Chesapeake Bay Program

    This section reauthorizes appropriations for the Chesapeake 
Bay Program at $90 million for fiscal year 2020, $90.5 million 
for fiscal year 2021, $91 million for fiscal year 2022, $91.5 
million for fiscal year 2023, and $92 million for fiscal year 
2024.

Section 110. Reauthorization of Chesapeake Bay Initiative Act of 1998

    This section reauthorizes total appropriations of $3 
million for each fiscal year through 2025 to include both the 
Chesapeake Bay Gateways and Watertrails Network and the 
Chesapeake Bay Gateways Grants Assistance Program.

Section 111. Chesapeake watershed investments for landscape defense

    Subsection (a) defines terms used in this section.
    Subsection (b) requires that the Secretary of the Interior, 
acting through the Director of USFWS, establish a ``Chesapeake 
Watershed Investments for Landscape Defense program'' (the 
Chesapeake WILD program) within 180 days of enactment of this 
Act.
    Subsection (b) also states the purposes of Chesapeake WILD 
program.
    Subsection (b) also details the duties of the Secretary in 
carrying out this section, including drawing on existing plans 
for the Chesapeake Bay watershed, or portions thereof, 
including the Chesapeake Bay agreements, and working in 
consultation with applicable management agencies to identify, 
prioritize, and implement restoration and protection activities 
within the watershed. The Secretary must also adopt a 
Chesapeake Bay watershed-wide strategy in support of the 
implementation of shared science-based restoration and 
protection activities and targets cost-effective projects with 
measurable results. Further, the Secretary must establish the 
voluntary grant and technical assistance program to be known as 
the ``Chesapeake Watershed Investments for Landscape Defense 
grant program'' (the Chesapeake WILD grant program).
    Subsection (b) also mandates that when establishing the 
Chesapeake WILD program, the Secretary consult, as appropriate, 
with the heads of specified federal agencies; the Governors of 
Delaware, Maryland, New York, Pennsylvania, Virginia, and West 
Virginia; fish and wildlife joint venture partnerships; and 
other public agencies and organizations with authority for 
planning and implementing conservation strategies in the 
Chesapeake Bay watershed.
    Subsection (c) states that the Director of USFWS establish 
and carry out the Chesapeake WILD grant program to achieve the 
stated purposes of the Chesapeake WILD program. Qualifying 
entities for such grants include a state, the District of 
Columbia, a unit of local government, a nonprofit organization, 
an institution of higher learning, and any other entity deemed 
appropriate pursuant to the criteria established by the 
Secretary.
    Subsection (c) also requires that the Secretary, in 
consultation with specified entities, establish criteria for 
funded activities under the Chesapeake WILD grant program.
    Subsection (c) also states the Department of the Interior's 
cost share for a project funded under the Chesapeake WILD grant 
program. It cannot exceed 50 percent of the total project cost. 
It also permits the cost share of the non-Department of 
Interior share of the project funded under the grant program to 
be satisfied by a cash or an in-kind contribution of services 
or materials. In terms of other federal funding, those funds 
other than that of the Department of Interior may be used to 
cover up to 25 percent of the total cost of the project.
    Subsection (d) requires that the Secretary submit a report 
describing the implementation of this section, including a 
description of each project funded thereunder, within 180 days 
after enactment of this Act.
    Subsection (e) authorizes $15 million for each of fiscal 
years 2021 through 2025 to carry out this section. These funds 
are meant to supplement, and not supplant, funding for other 
activities conducted by the Director of USFWS in the Chesapeake 
Bay watershed.

Section 112. Great Lakes monitoring, assessment, science, and research

    This section authorizes $15 million per year for fiscal 
years 2021 through 2025 for the USGS to conduct critical 
monitoring, scientific assessments, and research to support 
fisheries within the Great Lakes Basin. This authorization 
allows USGS to seek funding for these activities under a single 
legislative authority, instead of relying on multiple 
authorities, and places an authorization ceiling on these 
activities.

 TITLE II--MODERNIZING THE PITTMAN-ROBERTSON FUND FOR TOMORROW'S NEEDS


Section 201. Purpose

    This section amends section 1 of Pittman-Robertson (16 
U.S.C. Sec. 669). It states that one of the purposes of 
Pittman-Robertson is to provide financial and technical 
assistance to the states for the promotion of hunting and 
recreational shooting.

Section 202. Definitions

    This section amends section 2 of Pittman-Robertson (16 
U.S.C. Sec. 669a), regarding definitions.

Section 203. Apportionment of available amounts

    This section adds language to section 4 of Pittman-
Robertson (16 U.S.C. Sec. 669c) permitting the use of amounts 
apportioned under 16 U.S.C. Sec. 669c for hunter recruitment 
and recreation shooter recruitment.

Section 204. Expenditures for management of wildlife areas and 
        resources

    This section amends section 8 of Pittman-Robertson (16 
U.S.C. Sec. 669g). It removes the prohibition against states 
expending wildlife restoration funds apportioned under 16 
U.S.C. Sec. 669g for public relations.
    This section also allows the funds apportioned under the 
Basic Hunter Education and Safety program to be used for public 
target range operation and maintenance without being part of a 
program.

Section 205. Firearm and bow hunter education and safety program grants

    This section amends section 10(a)(1)(A) (Enhanced Hunter 
Education and Safety program) of Pittman-Robertson (16 U.S.C. 
Sec. 669h-1(a)(1)(A)). It states that in the case of a state 
that has not used all of the funds apportioned to the state 
under section 669c(c), grants to states thereunder can be used 
for the added purpose of the enhancement of hunter recruitment 
and recreational shooter recruitment.

Section 206. Multistate Conservation Grant Program

    This section amends section 11 of Pittman-Robertson (16 
U.S.C. Sec. 669h-2). It mandates that under the Multistate 
Conservation Grant Program, not more than $5 million of the 
fund's revenues from any tax imposed under section 4161(b) of 
the Internal Revenue Code of 1986 for a fiscal year can be used 
exclusively for hunter recruitment and recreational shooter 
recruitment grants that promote a national hunting and shooting 
sport recruitment program. This includes related communications 
and outreach activities.
    This section also requires a study within ten years of 
enactment of this Act. The Secretary of the Interior, acting 
through the Director of the USFWS, must review and evaluate the 
effects of the funds made available under the Hunter and 
Recreational Shooter Grants and submit a report describing the 
results of the review and evaluation to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Natural Resources of the House of Representatives.

   TITLE III--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS


Section 301. Purpose

    This section states that the purpose of this title is to 
encourage partnerships among public agencies and other 
interested parties to promote fish conservation.
    The Committee does not expect Title III to negatively 
impact the Magnuson-Stevens Fishery Conservation and Management 
Act or marine commercial fishermen.

Section 302. Definitions

    This section provides definitions of terms used in this 
title.

Section 303. National Fish Habitat Board

    This section establishes the National Fish Habitat Board to 
oversee and promote the implementation of this title, to 
establish national goals and priorities, to recommend 
partnerships for congressional designation, and to review and 
recommend aquatic habitat projects. It also establishes 
membership requirements for the 26 members of the Board.
    The National Fish Habitat Board's current composition 
includes both a representative from a Regional Fishery 
Management Council and one representative from a Marine 
Fisheries Commission. This legislation changes the composition 
of the Board to either a representative from a Regional Fishery 
Management Council or a representative from a Marine Fisheries 
Commission. If a member from a Regional Fishery Management 
Council is chosen, the Committee expects that member will 
coordinate with one or more Marine Fisheries Commissions to 
make sure that fisheries in both state and federal waters are 
taken into consideration by the Board. Likewise, if a member 
from a Marine Fisheries Commission is chosen, the Committee 
expects that member will coordinate with one or more Regional 
Fishery Management Councils.

Section 304. Fish Habitat Partnerships

    This section establishes procedures for recommending Fish 
Habitat Partnerships for congressional designation and outlines 
criteria for such a recommendation. It also requires that 
within five years of this Act's enactment that any Fish Habitat 
Partnership existing at the time of enactment that is receiving 
federal funds be subject to a congressional designation review. 
Those Fish Habitat Partnerships existing at the time of 
enactment that do not receive congressional designation within 
the five-year period will be ineligible for federal funds.

Section 305. Fish Habitat Conservation Projects

    This section establishes procedures for consideration of 
fish habitat projects by the Board and criteria for the Board 
to use in evaluating and recommending projects for funding to 
the Secretaries of the Interior and Commerce. The non-federal 
share of the cost of a fish habitat conservation project may 
not be derived from another federal grant program. Therefore, 
only state, local, or other non-federal entities may contribute 
to the non-federal cost share.

Section 306. Technical and scientific assistance

    This section authorizes technical and scientific assistance 
from the Director of USFWS, Assistant Administrator for 
Fisheries of the National Oceanic and Atmospheric 
Administration (NOAA), and the Director of USGS, to the Fish 
Habitat Partnerships.

Section 307. Coordination With States and Indian Tribes

    This section states that the Secretary of the Interior 
shall provide notice to the appropriate state or Indian tribe 
within which an activity is planned to be carried out pursuant 
with this title no later than 30 days before the planned 
activity is implemented.

Section 308. Interagency Operational Plan

    This section requires the Director of USFWS, in cooperation 
with other agencies, to develop interagency operational plans 
that describe the functional, operational, technical, 
scientific, and general staff, administrative, and material 
needs for the implementation of this title and any interagency 
agreements between or among federal departments and agencies to 
address those needs.

Section 309. Accountability and reporting

    This section requires the Board to submit reports to 
appropriate congressional committees on the implementation of 
this title. This section also requires the Board to submit to 
the appropriate congressional committees a report describing 
the status of aquatic habitats in the United States by December 
31, 2021, and each five years thereafter.

Section 310. Effect of this title

    This section states that nothing in title establishes a 
water right in the United States, affects any water right in 
existence, or affects state water law. This section further 
clarifies that nothing in this title affects state rights to 
manage wildlife and fish, affects tribal rights, affects 
existing federal authorities for land or water acquisition, or 
enables the use of funds provided by this section to acquire 
real property without the consent of the property owner. This 
section also states that nothing in this title allows the use 
of funds for fish and wildlife mitigation under specified 
existing federal laws and court settlements.

Section 311. Nonapplicability of Federal Advisory Committee Act

    This section exempts the Board and Partnership from the 
Federal Advisory Committee Act.

Section 312. Funding

    This section authorizes $7.2 million per each of fiscal 
years 2021 through 2025 for the Secretary of the Interior to 
provide funds for approved fish habitat conservation projects 
under section 305, of which five percent shall be made 
available for each fiscal year for projects carried out by 
Indian tribes. Five percent of the amount appropriated to the 
Secretary of the Interior for the applicable fiscal year for 
fish habitat conservation projects goes towards administrative 
and planning expenses under this title, and to carrying out 
section 309 of this Act.
    This section also authorizes for each of fiscal years 2021 
through 2025 to carry out, and provide technical and scientific 
assistance under, section 306, $400,000 to each of the 
Secretary of the Interior for use by USFWS; to the NOAA 
Assistant Administrator for use by NOAA; to the EPA Assistant 
Administrator for use by EPA; to the Secretary of the Interior 
for use by USGS; and to the Secretary of Agriculture, acting 
through the Chief of the Forest Service, for use by the Forest 
Service.

Section 313. Prohibition against implementation of regulatory authority 
        by Federal agencies through Partnerships

    This section prohibits a Partnership established under this 
title from being used to implement any regulatory authority of 
any federal agency.

                        TITLE IV--MISCELLANEOUS


Section 401. Sense of the Senate regarding conservation agreements and 
        activities

    This section establishes the sense of the Senate that: (1) 
voluntary conservation agreements benefit species and their 
habitats; (2) states, tribes, units of local government, 
landowners, and other stakeholders should be encouraged to 
participate in voluntary conservation agreements; and (3) the 
Secretary should consider the enrollment in, and performance 
of, conservation agreements and the investment in, and 
implementation of, general conservation activities by states, 
tribes, units of local government, landowners, and other 
stakeholders, in making determinations under ESA.

Section 402. Study to review conservation factors

    This section defines the term ``Secretaries'' under this 
section as the Secretary of Agriculture, the Secretary of 
Commerce, acting through the Director of NMFS, and the 
Secretary of the Interior, acting through the Director of 
USFWS.
    This section requires the Secretaries to make publicly 
available and submit a report to Congress describing the 
results of a study that assesses factors affecting successful 
conservation activities under the ESA. The study shall include 
a review of factors that threaten or endanger a species for 
which an ESA listing would not contribute to the conservation 
of the species. It also must examine barriers to the delivery 
of federal, state, local or private funds for such conservation 
activities or the implementation of conservation agreements, 
plans, or other cooperative agreements. In addition, the study 
should analyze factors that impact the ability of the Federal 
Government to successfully implement the ESA and develop 
recommendations regarding methods to address barriers to the 
delivery of funds for conservation activities or the 
implementation of conservation agreements, plans, or other 
cooperative agreements.
    This section states that the report must examine 
determinations under ESA in which either (1) a species is 
deemed to be recovered by the Director of USFWS, or the 
Assistant Administrator of NMFS, but remains listed as 
threatened or endangered, or (2) a species has been identified 
as needing listing or uplisting by the same, but remains 
unlisted or listed as a threatened species. When reviewing any 
such determinations, the Secretaries must include an 
explanation of factors preventing delisting or downlisting, 
listing or uplisting, as well as recommendations regarding how 
to address those factors.
    The report describing the results of the study is due 
within one year of enactment of this Act.

Section 403. Study and report on expenditures

    This section requires the head of each federal department 
and agency to submit to the Comptroller General of the United 
States data and other relevant information that describes the 
amounts expended by the department or agency during a five 
fiscal year period as a direct result of any provision of the 
ESA. Each report shall describe: (1) the programmatic office of 
the department or agency on behalf of which each amount was 
expended; (2) the associated provision of ESA pursuant to which 
each amount was expended; and (3) the project or activity 
carried out using each amount, in detail sufficient to reflect 
the breadth, scope, and purpose of the project or activity.
    Not later than two years and four after enactment of this 
Act, the Comptroller General shall submit a report to Congress. 
That report is to describe: (1) the aggregate amount expended 
by all federal departments and agencies as a direct result of 
any provision of the ESA; (2) the provision of ESA pursuant to 
which such amounts were expended; and (3) the total amount 
expended by each department or agency, as well as a description 
of the programmatic office of the department or agency on 
behalf of which each amount was expended, the provision of the 
ESA pursuant to which each amount was expended, and the project 
or activity carried out using each amount in detail sufficient 
to reflect the breadth, scope, and purpose of the project or 
activity.
    The head of each federal department and agency shall submit 
to the Secretaries a report describing the conservation 
activities by the federal department or agency during a five 
fiscal year period as a direct result of any provision of the 
ESA.
    Not later than two years and four years after enactment of 
this Act, the Secretaries shall submit a report to Congress 
that: (1) describes the conservation activities by all federal 
departments and agencies for species listed as threatened or 
endangered under the ESA; (2) is organized into categories with 
respect to whether a recovery plan for a species has been 
established; (3) includes conservation outcomes associated with 
the conservation activities; and (4) 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 
ESA.

Section 404. Use of value of land for cost sharing

    This section permits any institution eligible to receive 
federal funds under the Agriculture Research, Extension, and 
Education Reform Act of 1998 (7 U.S.C. 7601 et seq.), including 
land-grant institutions, to satisfy the matching portion under 
Pittman-Robertson with the value of any land they own as an in-
kind match. This is regardless of whether the land was 
previously purchased with federal funds.

                          Legislative History

    Senator Barrasso introduced America's Conservation 
Enhancement Act on December 12, 2019. Senator Carper was an 
original cosponsor. Senators Cramer, Cardin, Capito, Van 
Hollen, Inhofe, Boozman, and Duckworth also joined as 
cosponsors. The bill was referred to the Committee on 
Environment and Public Works. The Committee ordered S. 3051 
favorably reported with an amendment in the nature of a 
substitute on December 17, 2019.

                                Hearings

    On December 4, 2019, the Committee held an oversight 
hearing entitled, ``Legislative Hearing on a bill to create a 
U.S. Fish and Wildlife Service Chronic Wasting Disease Task 
Force.'' The three witnesses included: Brian Nesvik, Director, 
Wyoming Game and Fish Department; Kent Leonhardt, Commissioner, 
West Virginia Department of Agriculture; and Whit Fosburgh, 
President and Chief Executive Officer, Theodore Roosevelt 
Conservation Partnership.
    On October 16, 2019, the Committee held an oversight 
hearing entitled, ``Examining the Impacts of Diseases on 
Wildlife Conservation and Management.'' The three witnesses 
included: Stephen Guertin, Deputy Director for Program 
Management and Policy, USFWS; Dr. Walter E. Cook, Clinical 
Associate Professor of Veterinary Pathobiology, Texas A&M 
University; and Holly Niederriter, Wildlife Biologist, Wildlife 
Species Conservation and Research Program, Delaware Department 
of Natural Resources and Environmental Control.
    On July 24, 2019, the Committee held a legislative hearing 
entitled, ``Theodore Roosevelt Genius Prize: Innovating 
Solutions to Reduce Human-Predator Conflict.'' The three 
witnesses included: Brad Hovinga, Jackson Regional Wildlife 
Supervisor, Wyoming Game and Fish Department; Forrest Galante, 
Host of ``Extinct or Alive'', Animal Planet; and Nickey 
Whitney, Ph.D., Senior Scientist and Chair, Fisheries Science 
and Emerging Technologies Program, Anderson Cabot Center for 
Ocean Life at the New England Aquarium.
    On February 13, 2019, the Committee held an oversight 
hearing entitled, ``The Invasive Species Threat: Protecting 
Wildlife, Public Health, and Infrastructure.'' The three 
witnesses at the hearing were Slade Franklin, Weed and Pest 
State Coordinator, Wyoming Department of Agriculture; Terry 
Steinwand, Director, North Dakota Game and Fish Department; and 
Joe Rogerson, Program Manager for Species Conservation and 
Research, Delaware Division of Fish and Wildlife.

                             Rollcall Votes

    On December 17, 2019, the Committee on Environment and 
Public Works conducted a business meeting to consider S. 3051. 
The bill, with an amendment in the nature of a substitute, was 
ordered to be favorably reported by voice vote.

Amendments approved

    The following amendments to S. 3051 were adopted en bloc by 
voice vote:
    Barrasso-Carper #1--An amendment to make technical and 
minor substantive corrections to the introduced bill (adopted 
en bloc by voice vote).
    Cardin-Van Hollen #1--An amendment to reauthorize the 
Chesapeake Bay Program for fiscal years 2020 through 2024, 
reaching $92 million in authorized appropriations by fiscal 
year 2024 (adopted en bloc by voice vote).
    Merkley-Booker #3--An amendment to require the study under 
section 403 of S. 3051, which requires the review of factors 
affecting successful ESA conservation activities, to 
additionally examine any determinations in which a species has 
been identified as needing listing or uplisting under ESA, but 
remains unlisted or listed as a threatened species (adopted en 
bloc by voice vote).

Final committee vote to report

    By unanimous consent, Barrasso-Carper #1, Cardin-Van Hollen 
#1, and Merkley-Booker #3 were incorporated into a single 
amendment in the nature of a substitute to S. 3051. The 
amendment in the nature of a substitute was approved, and S. 
3051, with the amendment in the nature of a substitute, was 
ordered to be favorably reported by voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee on Environment and 
Public Works finds that S. 3051 does not create any additional 
regulatory burdens, nor will it cause any adverse impact on the 
personal privacy of individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(UMRA) (Public Law 104-4), the Committee on Environment and 
Public Works notes that the Congressional Budget Office found 
that S. 3051 contains no intergovernmental or private-sector 
mandates as defined in UMRA.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, January 16, 2020.
Hon. John Barrasso,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 3051, the America's 
Conservation Enhancement Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    The bill would
           Authorize appropriations totaling $1.1 
        billion over the 2020-2025 period for various federal 
        conservation programs and activities
           Establish grant programs to carry out 
        restoration and protection of the Chesapeake Bay, 
        support fish habitat conservation, assist livestock 
        producers, and prevent chronic wasting disease among 
        deer
    Estimated budgetary effects would primarily stem from
           Spending of the authorized appropriations
    Bill summary: S. 3051 would authorize appropriations 
totaling $1.1 billion over the 2020-2025 period for 
conservation programs and activities of the U.S. Fish and 
Wildlife Service (USFWS), Environmental Protection Agency 
(EPA), Department of Agriculture (USDA), National Oceanic and 
Atmospheric Administration (NOAA), and National Park Service 
(NPS). The bill also would establish grant programs to assist 
livestock producers, prevent chronic wasting disease among 
deer, fund restoration and protection activities in the 
Chesapeake Bay, and support fish habitat conservation.
    Estimated Federal cost: The estimated budgetary effect of 
S. 3051 is shown in Table 1. The costs of the legislation fall 
primarily within budget function 300 (natural resources and 
environment).
    Basis of estimate: For this estimate, CBO assumes that S. 
3051 will be enacted in 2020 and that the authorized and 
necessary amounts will be provided in each year. Estimated 
outlays are based on historical spending patterns for the 
affected and similar activities.
    CBO estimates that implementing S. 3051 would cost $665 
million over the 2020-2024 period.
    Chesapeake Bay Program: Section 109 would authorize 
appropriations totaling $455 million over the 2020-2024 period 
for EPA's Chesapeake Bay Program, which provides technical 
assistance and grant funding for projects and programs aimed at 
restoring the Chesapeake Bay. EPA received appropriations 
totaling $85 million to carry out the program in 2020; 
therefore, CBO does not estimate any outlays resulting from the 
2020 authorization in the bill. We estimate that implementing 
the section would cost $315 million over the 2020-2024 period.
    North American Wetlands Conservation: Section 106 would 
authorize the annual appropriation of $60 million over the 
2021-2025 period for USFWS to fund a competitive grant program 
for wetlands conservation projects in the United States, 
Canada, and Mexico. In 2020, the agency received an 
appropriation of $46 million for that program. CBO estimates 
that implementing section 106 would cost $138 million over the 
2020-2024 period.
    National Fish and Wildlife Foundation: Section 107 would 
authorize the annual appropriation of $25 million over the 
2021-2025 period for USFWS, USDA, and NOAA to support 
activities of the National Fish and Wildlife Foundation. CBO 
estimates that implementing section 107 would cost $63 million 
over the 2020-2024 period.

                                    TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 3051
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         By fiscal year, millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                               2020   2021   2022   2023   2024   2025   2026   2027   2028   2029  2020-2024  2020-2029
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chesapeake Bay Program:
    Authorizationa..........................................     90     90     91     92     92      0      0      0      0      0       455        455
    Estimated Outlays.......................................      0     59     77     87     92     32     14      5      0      0       315        365
North American Wetlands Conservation:
    Authorization...........................................      0     60     60     60     60     60      0      0      0      0       240        300
    Estimated Outlays.......................................      0     15     30     42     51     57     45     30     18      9       138        297
National Fish and Wildlife Foundation:
    Authorization...........................................      0     25     25     25     25     25      0      0      0      0       100        125
    Estimated Outlays.......................................      0      6     14     20     23     25     19     11      5      2        63        125
Grants for Livestock Losses:
    Authorization...........................................      0     15     15     15     15     15      0      0      0      0        60         75
    Estimated Outlays.......................................      0      0     12     15     15     15     15      3      0      0        42         75
Chesapeake Bay Watershed:
    Authorization...........................................      0     15     15     15     15     15      0      0      0      0        60         75
    Estimated Outlays.......................................      0      4      8     12     14     15     11      7      3      2        38         75
National Fish Habitat Conservation:
    Authorization...........................................      0      9      9     10     10     10      0      0      0      0        38         48
    Estimated Outlays.......................................      0      2      5      8      9     10      7      4      2      1        24         48
Chronic Wasting Disease:
    Estimated Authorization.................................      0      8      6      6      6      1      0      0      0      0        26         27
    Estimated Outlays.......................................      0      4      3      6      6      6      3      0      0      0        19         27
Other Provisions:
    Estimated Authorizationa................................      3      9      8      8      8      8      0      0      0      0        38         46
    Estimated Outlays.......................................      0      6      7      7      8      8      3      1      1      *        28         41
    Total Changes:
        Estimated Authorizationa............................     93    232    229    231    231    134      0      0      0      0     1,017      1,151
        Estimated Outlays...................................      0     96    156    197    216    167    117     62     29     14       665      1,054
--------------------------------------------------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; * = between zero and $500,000.
CBO estimates that enacting S. 3051 would have an insignificant effect on direct spending.
aThe bill would authorize in 2020 the appropriation of $90 million for the Chesapeake Bay Program and $3 million for the Chesapeake Bay Gateways and
  Watertrails Network grant program. CBO does not estimate any outlays for those authorizations because appropriations for 2020 have already been
  provided.

    Grants for Livestock Losses: Section 102 would direct USFWS 
and USDA to provide assistance and compensation to farmers for 
livestock losses resulting from depredation by federally 
protected species. The bill would authorize the appropriation 
of $15 million annually over the 2021-2025 period for those 
purposes. Amounts awarded in a fiscal year would be based on 
livestock losses from the previous fiscal year; thus, the 
agencies would begin awarding grants in 2022 for losses in 
2021. CBO estimates that implementing section 102 would cost 
$42 million over the 2020-2024 period.
    Chesapeake Bay Watershed: Section 111 would direct USFWS to 
establish a program to coordinate and carry out restoration and 
protection activities in the Chesapeake Bay watershed. Under 
that program, the agency would award grants to state and local 
governments, nonprofit organizations, and academic institutions 
for such activities. The bill would authorize the annual 
appropriation of $15 million over the 2021-2025 period for 
those purposes. CBO estimates that implementing section 111 
would cost $38 million over the 2020-2024 period.
    National Fish Habitat Conservation: Title III would 
establish the National Fish Habitat Board with representatives 
from federal agencies, state and tribal governments, and 
industry. The board would establish national goals for fish 
habitat conservation and recommend local and regional projects 
for funding. S. 3051 would authorize annual appropriations of 
$9 million to $10 million over the 2021-2025 period for 
projects, program administration, and technical assistance. CBO 
estimates that implementing title III would cost $24 million 
over the 2020-2024 period.
    Chronic Wasting Disease: Section 104 would establish a task 
force with representatives from federal agencies, state and 
tribal governments, and other experts to develop an interstate 
action plan to prevent the spread of chronic wasting disease, 
which affects deer, elk, and moose. The bill would authorize 
the appropriation of $5 million over the 2021-2025 period for 
administrative activities and $2.4 million in 2021 for USFWS 
and USDA to sponsor a study by the National Academies. Section 
104 also would direct the federal government to provide up to 
$5 million annually to states to carry out an interstate action 
plan. CBO assumes that those amounts would be provided over the 
2021-2024 period and, on that basis, we estimate that 
implementing section 104 would cost $19 million over the same 
period.
    Other Provisions: CBO estimates that implementing other 
provisions of S. 3051 would cost $28 million over the 2020-2024 
period.
    Section 105 would authorize the annual appropriation of $5 
million over the 2021-2025 period for USFWS and the Army Corps 
of Engineers to manage invasive species. CBO estimates that 
implementing the section would cost $14 million over the 2020-
2024 period.
    Section 110 would authorize the annual appropriation of $3 
million over the 2020-2025 period for the NPS's Chesapeake Bay 
Gateways and Watertrails Network grant program for which the 
NPS has allocated $2 million annually in recent years. 
Appropriations for 2020 have already been provided, so CBO does 
not estimate any outlays for the authorization in 2020. We 
estimate that implementing the bill would cost $11 million over 
the 2020-2024 period.
    Section 101 of the bill would direct USFWS to establish a 
competitive prize to reward people who advance efforts to 
reduce conflicts between humans and predators. Title IV would 
require USFWS, NOAA, USDA, and the Government Accountability 
Office to study conservation activities and spending under the 
Endangered Species Act. Based on the costs of similar tasks, 
CBO estimates that those provisions would cost $3 million over 
the 2020-2024 period; any spending would be subject to the 
availability of appropriated funds.
    Pay-As-You-Go considerations: S. 3051 would authorize 
federal agencies to accept grants and donations, which are 
classified in the federal budget as offsetting receipts, or 
reductions in direct spending. Under the bill, donations would 
be available to spend without further appropriation. Because 
donations would probably be spent soon after they were 
received, CBO estimates that the net reduction in direct 
spending would be negligible over the 2020-2029 period.
    Increase in long-term deficits: None.
    Mandates: None.
    Previous CBO estimates: On June 28, 2019, CBO transmitted a 
cost estimate for H.R. 2427, the Chesapeake Bay Gateways and 
Watertrails Network Reauthorization Act of 2019, as ordered 
reported by the House Committee on Natural Resources on June 
19, 2019. Although H.R. 2427 is similar to section 110 of S. 
3051, CBO's estimate of the provision in S. 3051 differs 
because appropriations for 2020 have already been provided.
    On September 30, 2019, CBO transmitted a cost estimate for 
H.R. 925, the North American Wetlands Conservation Extension 
Act, as ordered reported by the House Committee on Natural 
Resources on September 25, 2019. H.R. 925 is similar to section 
106 of S. 3051, and CBO's estimates for those provisions are 
similar.
    On October 2, 2019, CBO transmitted a cost estimate for 
H.R. 1620, the Chesapeake Bay Program Reauthorization Act, as 
ordered reported by the House Committee on Transportation and 
Infrastructure on September 20, 2019. H.R. 1620 is similar to 
section 109 of S. 3051; however, CBO's estimate of the 
provision in S. 3051 differs because appropriations for 2020 
have already been provided.
    Estimate prepared by: Federal costs: Janani Shankaran, 
David Hughes, and Stephen Rabent; Mandates: Lilia Ledezma.
    Estimate reviewed by: Kim P. Cawley, Chief, Natural and 
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *


[16 U.S.C. 742b; PUBLIC LAW 116-9--MAR. 12, 2019] [[Page 133 STAT. 
580]]

           *       *       *       *       *       *       *


   JOHN D. DINGELL, JR. CONSERVATION, MANAGEMENT, AND RECREATION ACT


              TITLE VII--WILDLIFE HABITAT AND CONSERVATION


SEC. 7001. WILDLIFE HABITAT AND CONSERVATION.

  (a) Assistant Secretary for Fish and Wildlife

           *       *       *       *       *       *       *

  (d) Functions and responsibilities of Secretary of the 
Interior

           *       *       *       *       *       *       *

          (1) Definitions.--In this subsection
                  (A) * * *

           *       *       *       *       *       *       *

          (2) Theodore roosevelt genius prize for prevention of 
        wildlife poaching and trafficking.--
                  (A) Definitions.--In this paragraph:
                          (i) * * *

           *       *       *       *       *       *       *

                  (C) Advisory board.--
                          (i) * * *

           *       *       *       *       *       *       *

                          (v) Requirements.--The Board shall 
                        comply with all requirements under 
                        [paragraph (7)(A)] paragraph (8)(A).

           *       *       *       *       *       *       *

                  (D) Agreement with national fish and wildlife 
                foundation.--
                          (i) * * *

           *       *       *       *       *       *       *

                          (ii) Requirements.--An agreement 
                        entered into under clause (i) shall 
                        comply with all requirements under 
                        [paragraph (7)(B)] paragraph (8)(B).

           *       *       *       *       *       *       *

                  (F) 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) * * *

           *       *       *       *       *       *       *

                          (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 (7)(B)] 
                        paragraph (8)(B); and

           *       *       *       *       *       *       *

          (3) Theodore roosevelt genius prize for promotion of 
        wildlife conservation.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Advisory board.--
                          (i) * * *

           *       *       *       *       *       *       *

                          (v) Requirements.--The Board shall 
                        comply with all requirements under 
                        [paragraph (7)(A)] paragraph (8)(A).

           *       *       *       *       *       *       *

                  (D) Agreement with national fish and wildlife 
                foundation.--
                          (i) * * *

           *       *       *       *       *       *       *

                  (ii) Requirements.--An agreement entered into 
                under clause (i) shall comply with all 
                requirements under [paragraph (7)(B)] paragraph 
                (8)(B).

           *       *       *       *       *       *       *

                  (F) 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) * * *

           *       *       *       *       *       *       *

                  (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 (7)(B)] paragraph (8)(B); and

           *       *       *       *       *       *       *

          (4) Theodore roosevelt genius prize for management of 
        invasive species.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Advisory board.--
                          (i) * * *

           *       *       *       *       *       *       *

                          (v) Requirements.--The Board shall 
                        comply with all requirements under 
                        [paragraph (7)(A)] paragraph (8)(A).

           *       *       *       *       *       *       *

                  (D) Agreement with national fish and wildlife 
                foundation.--
                          (i) * * *

           *       *       *       *       *       *       *

                          (ii) Requirements.--An agreement 
                        entered into under clause (i) shall 
                        comply with all requirements under 
                        [paragraph (7)(B)] paragraph (8)(B).

           *       *       *       *       *       *       *

                  (F) 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) * * *

           *       *       *       *       *       *       *

                          (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 (7)(B)] 
                        paragraph (8)(B); and

           *       *       *       *       *       *       *

          (5) Theodore roosevelt genius prize for protection of 
        endangered species.--
                  (A)

           *       *       *       *       *       *       *

                  (C) Advisory board.--
                          (i) * * *

           *       *       *       *       *       *       *

                          (v) Requirements.--The Board shall 
                        comply with all requirements under 
                        [paragraph (7)(A)] paragraph (8)(A).

           *       *       *       *       *       *       *

                  (D) Agreement with national fish and wildlife 
                foundation.-
                          (i) * * *

           *       *       *       *       *       *       *

                          (ii) Requirements.--An agreement 
                        entered into under clause (i) shall 
                        comply with all requirements under 
                        [paragraph (7)(B)] paragraph (8)(B).

           *       *       *       *       *       *       *

                  (F) 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) * * *

           *       *       *       *       *       *       *

                          (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 (7)(B)] 
                        paragraph (8)(B); and

           *       *       *       *       *       *       *

          (6) Theodore roosevelt genius prize for nonlethal 
        management of human-wildlife conflicts.--
                  (A) Definitions.--In this paragraph:
                          (i) * * *

           *       *       *       *       *       *       *

                  (C) Advisory board.--
                          (i) * * *

           *       *       *       *       *       *       *

                          (iv) Consultation.--In selecting a 
                        topic and issuing a problem statement 
                        for the prize competition under 
                        subclauses (I) and (II) of 
                        [subparagraph (C)] clause (iii), 
                        respectively, the Board shall consult 
                        widely with Federal and non-Federal 
                        stakeholders, including-

           *       *       *       *       *       *       *

                          (v) Requirements.--The Board shall 
                        comply with all requirements under 
                        [paragraph (7)(A)] paragraph (8)(A).

           *       *       *       *       *       *       *

                  (D) Agreement with national fish and wildlife 
                foundation.--
                          (i) * * *

           *       *       *       *       *       *       *

                          (ii) Requirements.--An agreement 
                        entered into under clause (i) shall 
                        comply with all requirements under 
                        [paragraph (7)(B)] paragraph (8)(B).

           *       *       *       *       *       *       *

                  (F) 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) * * *

           *       *       *       *       *       *       *

                          (ii) if the Secretar y 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 (7)(B)] 
                        paragraph (8)(B); and

           *       *       *       *       *       *       *

          (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.
          [(7)] (8) Administration of prize competitions.-
                  (A) Additional requirements for advisory 
                boards.-An advisory board established under 
                paragraph (2)(C)(i), (3)(C)(i), (4)(C)(i), 
                (5)(C)(i), [or (6)(C)(i)] (6)(C)(i), or 
                (7)(C)(i) (referred to in this paragraph as a 
                'Board') shall comply with the following 
                requirements:

           *       *       *       *       *       *       *

                  (B) Agreements with national fish and 
                wildlife foundation.-Any agreement entered into 
                under paragraph (2)(D)(i), (3)(D)(i), 
                (4)(D)(i), (5)(D)(i), [or (6)(D)(i)] (6)(D)(i), 
                or (7)(D)(i) shall comply with the following 
                requirements:
                          (i) * * *

           *       *       *       *       *       *       *

                                  (VII) provide advice and 
                                consultation to the Secretary 
                                on the selection of judges 
                                under paragraphs (2)(E), 
                                (3)(E), (4)(E), (5)(E), [and 
                                (6)(E)] (6)(E), and (7)(E) 
                                based on criteria developed in 
                                consultation with, and subject 
                                to the final approval of, the 
                                Secretary;

           *       *       *       *       *       *       *


FISH AND WILDLIFE COORDINATION ACT

           *       *       *       *       *       *       *



SECTION 1. [16 U.S.C. 661] SHORT TITLE; AUTHORIZATION.

  (a) Short Title.-- * * *

           *       *       *       *       *       *       *


SEC. 10. [16 U.S.C. 666C-1] PROTECTION OF WATER, OCEANS, COASTS, AND 
                    WILDLIFE FROM INVASIVE SPECIES.

  (a) Definitions.--In this section:
          (1) Control.-- * * *

           *       *       *       *       *       *       *

  (c) Strategic Plan.--
          (1) In general.-- * * *

           *       *       *       *       *       *       *

          (2) Coordination.--Each strategic plan under 
        paragraph (1) shall be developed--
                  (A) in coordination with affected--
                          (i) relevant Federal agencies;
                          [(i)] (ii) eligible States; and
                          [(ii)] (iii) political subdivisions 
                        of eligible States;
                  (B) in consultation with stakeholders, 
                including nongovernmental organizations and 
                industry;
                  [(B)] (C)in consultation with federally 
                recognized Indian tribes; and
                  [(C)] (D) in accordance with the priorities 
                established by 1 or more Governors of the 
                eligible States in which an ecosystem affected 
                by an invasive species is located.

           *       *       *       *       *       *       *

  (o) Coordination With Affected Local Governments.--***

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


NORTH AMERICAN WETLANDS CONSERVATION ACT

           *       *       *       *       *       *       *



SECTION 1. [16 U.S.C. 4401 NOTE] SHORT TITLE.

  This Act may be cited as the ``North American Wetlands 
Conservation Act''.

           *       *       *       *       *       *       *


SEC. 4. [16 U.S.C. 4403] ESTABLISHMENT OF NORTH AMERICAN WETLANDS 
                    CONSERVATION COUNCIL.

  (a) Council Membership.--(1) There shall be established a 
North American Wetlands Conservation Council (hereinafter in 
this Act referred to as the ``Council'') which shall consist of 
nine members who may not receive compensation as members of the 
Council. Of the Council members--
          (A) one shall be the Director of the United States 
        Fish and Wildlife Service, who shall be the responsible 
        Federal official for ensuring Council compliance with 
        the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.)
          (B) one shall be the [Secretary of the Board] 
        Executive Director of the Board of the National Fish 
        and Wildlife Foundation appointed pursuant to section 
        3(g)(2)(B) of the National Fish and Wildlife Foundation 
        Establishment Act (16 U.S.C. 3702);

           *       *       *       *       *       *       *


SEC. 7. [16 U.S.C. 4406] AMOUNTS AVAILABLE TO CARRY OUT THIS ACT.

  (a) Aid in Wildlife Restoration.-- * * *

           *       *       *       *       *       *       *

  (c) Authorization of Appropriations.--In addition to the 
amounts made available under subsections (a) and (b) of this 
section, there are authorized to be appropriated to the 
Department of the Interior for purposes of allocation under 
section 8 of this Act [not to exceed--
          (1) $55,000,000 for fiscal year 2003;
          (2) $60,000,000 for fiscal year 2004;
          (3) $65,000,000 for fiscal year 2005;
          (4) $70,000,000 for fiscal year 2006; and
          (5) $75,000,000 for each of fiscal years 2008 through 
        2012.] not to exceed $60,000,000 for each of fiscal 
        years 2021 through 2025.

           *       *       *       *       *       *       *


NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT

           *       *       *       *       *       *       *



SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Fish and Wildlife 
Foundation Establishment Act''.

           *       *       *       *       *       *       *


SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.

  (a) Establishment and Membership.-- * * *

           *       *       *       *       *       *       *

  (b) Appointment and Terms.--
          (1) Agency heads.--The Director of the United States 
        Fish and Wildlife Service and the Under Secretary of 
        Commerce for Oceans and Atmosphere shall be Directors 
        of the Foundation.
          [(2) Appointments by the secretary of the interior.--
                  [(A) In general.--Subject to subparagraph 
                (B), after consulting with the Secretary of 
                Commerce and considering the recommendations 
                submitted by the Board, the Secretary of the 
                Interior shall appoint 23 Directors who meet 
                the criteria established by subsection (a), of 
                whom--
                          [(i) at least six shall be educated 
                        or experienced in fish, wildlife, or 
                        other natural resource conservation;
                          [(ii) at least four shall be educated 
                        or experienced in the principles of 
                        fish, wildlife, or other natural 
                        resource management; and
                          [(iii) at least four shall be 
                        educated or experienced in ocean and 
                        coastal resource conservation.
                  [(B) Transition provision.--
                          [(i) Continuation of terms.--The 15 
                        Directors serving on the Board as of 
                        the date of the enactment of this 
                        paragraph shall continue to serve until 
                        the expiration of their terms.
                          [(ii) New directors.--Subject to 
                        paragraph (3), the Secretary of the 
                        Interior shall appoint eight new 
                        Directors.]
          (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.
          [(3) Terms.--
                  [(A) In general.--Subject to subparagraph 
                (B), each Director (other than a Director 
                described in paragraph (1)) shall be appointed 
                for a term of 6 years.
                  [(B) Initial appointments to new member 
                positions.--Of the Directors appointed by the 
                Secretary of the Interior under paragraph 
                (2)(B)(ii), the Secretary shall appoint, in 
                fiscal year 2001, three Directors for a term of 
                6 years.
                  [(C) Subsequent appointments to new member 
                positions.--Of the Directors appointed by the 
                Secretary of the Interior under paragraph 
                (2)(B)(ii), the Secretary shall appoint, in 
                fiscal year 2002--
                          [(i) two Directors for a term of 2 
                        years; and
                          ](ii) three Directors for a term of 4 
                        years.]
          (3) Terms.--Each Director (other than a Director 
        described in paragraph (1)) shall be appointed for a 
        term of 6 years.
  (g) General Powers.--
          (1) The Board may complete the organization of the 
        Foundation by-- * * *

           *       *       *       *       *       *       *

          (2) 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]
                  (A) In general.--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 fish 
                        and wildlife conservation.]
                  (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.

SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.

  (a) In General.--The Foundation--
          (1) * * *

           *       *       *       *       *       *       *

  [(c) Powers.--To carry out its purposes under]
  (c) Powers.--
          (1) In general.--To carry out the purposes described 
        in section 2, the Foundation shall have, in addition to 
        the powers otherwise given it under this Act, the usual 
        powers of a corporation acting as a trustee in the 
        District of Columbia, including the power--
          [(1)]
          (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;
          [(2)]
          (B) to acquire by purchase or exchange any real or 
        personal property or interest therein, subject to 
        subsection (e);
          [(3)]
          (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;
          [(4)]
          (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] at 1 or more financial institutions that are 
        members of the Federal Deposit Insurance Corporation or 
        the Securities Investment Protection Corporation;
          [(5)]
          (E) to make use of any interest or investment income 
        that accrues as a consequence of actions taken under 
        [paragraph (3) or (4)]subparagraph (C) or (D) to carry 
        out the purposes of the Foundation;
          [(6)]
          (F) to use Federal funds to make payments under 
        cooperative agreements entered into with willing 
        private landowners to provide substantial long-term 
        benefits for the restoration or enhancement of fish, 
        wildlife, plants, and other natural resources on 
        private land;
          [(7)]
          (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;
          [(8)]
          (H) to borrow money and issue bonds, debentures, or 
        other debt instruments;
          [(9)]
          (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;
          [(10)]
          (J) to enter into contracts or other arrangements 
        with public agencies and private organizations and 
        persons and to make such payments as may be necessary 
        to carry out its functions; [and]
          [(11)]
          [(K) to do any and all acts necessary and proper to 
        carry out the purposes of the Foundation.]
                  (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.
[For purposes of this Act, an interest in real property shall 
be treated as including, among other things, 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. A gift, devise, or bequest may be accepted by the 
Foundation even though it is encumbered, restricted, or subject 
to beneficial interests of private persons if any current or 
future interest therein is for the benefit of the Foundation.]
          (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.

           *       *       *       *       *       *       *

  [(f)(1) In carrying out the purposes under section 2(b), the 
Foundation may establish a national whale conservation 
endowment fund, to be used by the Foundation to support 
research, management activities, or educational programs that 
contribute to the protection, conservation, or recovery of 
whale populations in waters of the United States.
  [(2)(A) In a manner consistent with subsection (c)(1), the 
Foundation may--
          [(i) accept, receive, solicit, hold, administer, and 
        use any gift, devise, or bequest made to the Foundation 
        for the express purpose of supporting whale 
        conservation; and
          [(ii) deposit in the endowment fund under paragraph 
        (1) any funds made available to the Foundation under 
        this subparagraph, including any income or interest 
        earned from a gift, devise, or bequest received by the 
        Foundation under this subparagraph.
  [(B) To raise funds to be deposited in the endowment fund 
under paragraph (1), the Foundation may enter into appropriate 
arrangements to provide for the design, copyright, production, 
marketing, or licensing, of logos, seals, decals, stamps, or 
any other item that the Foundation determines to be 
appropriate.
  [(C)(i) The Secretary of Commerce may transfer to the 
Foundation for deposit in the endowment fund under paragraph 
(1) any amount (or portion thereof) received by the Secretary 
under section 105(a)(1) of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1375(a)(1)) as a civil penalty assessed by the 
Secretary under that section.
  [(ii) The Directors of the Board shall ensure that any 
amounts transferred to the Foundation under clause (i) for the 
endowment fund under paragraph (1) are deposited in that fund 
in accordance with this subparagraph.
  [(3) It is the intent of Congress that in making expenditures 
from the endowment fund under paragraph (1) to carry out 
activities specified in that paragraph, the Foundation should 
give priority to funding projects that address the conservation 
of populations of whales that the Foundation determines--
          [(A) are the most endangered (including the northern 
        right whale (Eubaleana glacialis)); or
          [(B) most warrant, and are most likely to benefit 
        from, research management, or educational activities 
        that may be funded with amounts made available from the 
        fund.
  [(g) In carrying out any action on the part of the Foundation 
under subsection (f), the Directors of the Board shall consult 
with the Administrator of the National Oceanic and Atmospheric 
Administration and the Marine Mammal Commission.]
  [(h)] (f) Expenditures for Printing Services or Capital 
Equipment.--The Foundation shall not make any expenditure of 
Federal funds in connection with any one transaction for 
printing services or capital equipment that is greater than 
$10,000 unless the expenditure is approved by the Federal 
agency that administers the Federal program under which the 
funds were provided.
  [(i)] (g) Notice to Members of Congress.--The Foundation 
shall not make a grant of Federal funds in an amount greater 
than $10,000 unless, by not later than 30 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.

           *       *       *       *       *       *       *


SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

  (a) Authorization of Appropriations.--
          [(1) In general.--There are authorized to be 
        appropriated to carry out this Act for each of fiscal 
        years 2006 through 2010--
                  [(A) $25,000,000 to the Department of the 
                Interior; and
                  [(B) $5,000,000 to the Department of 
                Commerce.]
          (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.

           *       *       *       *       *       *       *

  (b) Additional Authorization.--
          [(1) In general.--In addition to the amounts 
        authorized to be appropriated 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 conservation and management 
        of fish, wildlife, plants, and other natural resources 
        in accordance with the requirements of this Act.]
          (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.
          (2) Use of [funds] amounts accepted from federal 
        agencies.--Federal funds provided to the Foundation 
        under paragraph (1) [shall be used] may 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], State and 
        local government agencies, and other entities.
          (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.

           *       *       *       *       *       *       *

  (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.

SEC. 11. LIMITATION ON AUTHORITY.

  Nothing in this Act authorizes the Foundation to perform any 
function the exclusive authority for which is provided to the 
National Park Foundation by subchapter II of chapter 1011 of 
title 54, United States Code.

           *       *       *       *       *       *       *


                      TOXIC SUBSTANCES CONTROL ACT


[Public Law 94-469; Approved October 11, 1976]

           *       *       *       *       *       *       *



                  TITLE I--CONTROL OF TOXIC SUBSTANCES


SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

  This Act may be cited as the ``Toxic Substances Control 
Act''.

SEC. 3. DEFINITIONS.

  (1) * * *

           *       *       *       *       *       *       *

  (2)(A) * * *

           *       *       *       *       *       *       *

  (B) Such term does not include--
          (i) * * *

           *       *       *       *       *       *       *

          (v) any article the sale of which is subject to the 
        tax imposed by section 4181 of the Internal Revenue 
        Code of 1954 (determined without regard to any 
        exemptions from such tax provided by section 4182 or 
        4221 or any other provision of such Code)and any 
        component of such an article (limited to shot shells, 
        cartridges, and components of shot shells and 
        cartridges), [and]
          (vi) any food, food additive, drug, cosmetic, or 
        device (as such terms are defined in section 201 of the 
        Federal Food, Drug, and Cosmetic Act) when 
        manufactured, processed, or distributed in commerce for 
        use as a food, food additive, drug, cosmetic, or 
        device[.] ; and
          (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.

           *       *       *       *       *       *       *


Federal Water Pollution Control Act

           *       *       *       *       *       *       *



                 TITLE I--RESEARCH AND RELATED PROGRAMS


                    declaration of goals and policy

  Sec. 101. (a) * * *

           *       *       *       *       *       *       *


SEC. 117. CHESAPEAKE BAY.

  (a) Definitions.-- * * *

           *       *       *       *       *       *       *

  [(j) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $40,000,000 for each 
of fiscal years 2001 through 2005. Such sums shall remain 
available until expended.]
  (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.

           *       *       *       *       *       *       *


                 Chesapeake Bay Initiative Act of 1998


[Title V of Public Law 105-312; 54 U.S.C. 320101 note]

           *       *       *       *       *       *       *



SEC. 501. SHORT TITLE.

  This title may be cited as the ``Chesapeake Bay Initiative 
Act of 1998''.

SEC. 502. CHESAPEAKE BAY GATEWAYS AND WATERTRAILS.

  (a) Chesapeake Bay Gateways and Watertrails Network.--
          (1) In general.-- * * *

           *       *       *       *       *       *       *

  (c) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $3,000,000 for each 
of fiscal years 1999 through [2019] 2025.

           *       *       *       *       *       *       *


PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT

           *       *       *       *       *       *       *


  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [16 U.S.C. 
669] That the Secretary of Agriculture\1\ is authorized to 
cooperate with the States, through their respective State fish 
and game departments, in wildlife-restoration projects as 
hereinafter set forth; but no money apportioned under this Act 
to any State shall be expended therein until its legislature, 
or other State agency authorized by the State constitution to 
make laws governing the conservation of wildlife, shall have 
assented to the provision of this Act and shall have passed 
laws for the conservation of wildlife which shall include a 
prohibition against the diversion of license fees paid by 
hunters for any other purpose than the administration of said 
State fish and game department, except that, until the final 
adjournment of the first regular session of the legislature 
held after the passage of this Act, the assent of the Governor 
of the State shall be sufficient. The Secretary of 
Agriculture\1\ and the State fish and game department of each 
State accepting the benefits of this Act shall agree upon the 
wildlife-restoration projects to be aided in such State under 
the terms of this Act and all projects shall conform to the 
standards fixed by the Secretary of Agriculture.\1\
---------------------------------------------------------------------------
    \1\Reorganization Plan No. II of 1939, transferred functions of the 
Secretary of Agriculture relating to conservation of wildlife, game, 
and migratory birds to the Secretary of the Interior.
---------------------------------------------------------------------------
  One of the purposes of this Act is to provide financial and 
technical assistance to the States for the promotion of hunting 
and recreational shooting.

SEC. 2. [16 U.S.C. 669A] DEFINITIONS.

   As used in this Act--
          (1) * * *

           *       *       *       *       *       *       *

          (2) for the purposes of determining the number of 
        paid hunting-license holders in a State, the term 
        `fiscal year' means the fiscal year or license year of 
        the State;
          (3) the term `hunter recruitment and recreational 
        shooter recruitment' means any activity or project to 
        recruit or retain hunters and recreational shooters, 
        including by--
                  (A) outreach and communications as a means--
                          (i) to improve communications with 
                        hunters, recreational shooters, and the 
                        general public with respect to hunting 
                        and recreational shooting 
                        opportunities;
                          (ii) to reduce barriers to 
                        participation in these activities;
                          (iii) to advance the adoption of 
                        sound hunting and recreational shooting 
                        practices;
                          (iv) to promote conservation and the 
                        responsible use of the wildlife 
                        resources of the United States; and
                          (v) to further safety in hunting and 
                        recreational shooting;
                  (B) providing education, mentoring, and field 
                demonstrations;
                  (C) enhancing access for hunting and 
                recreational shooting, including through range 
                construction; and
                  (D) providing education to the public about 
                the role of hunting and recreational shooting 
                in funding wildlife conservation;
          [(2)] (4) the term ``public target range'' means a 
        specific location that--
                  (A) is identified by a governmental agency 
                for recreational shooting;
                  (B) is open to the public;
                  (C) may be supervised; and
                  (D) may accommodate archery or rifle, pistol, 
                or shotgun shooting;
          [(3)] (5) the term ``Secretary'' means the Secretary 
        of the Interior;
          [(4)] (6) the term ``State fish and game department'' 
        or ``State fish and wildlife department'' means any 
        department or division of department of another name, 
        or commission, or official or officials, of a State 
        empowered under its laws to exercise the functions 
        ordinarily exercised by a State fish and game 
        department or State fish and wildlife department.
          [(5)] (7) the term ``wildlife'' means any species of 
        wild, free-ranging fauna including fish, and also fauna 
        in captive breeding programs the object of which is to 
        reintroduce individuals of a depleted indigenous 
        species into previously occupied range;
          [(6)] (8) the term ``wildlife-associated recreation'' 
        means projects intended to meet the demand for outdoor 
        activities associated with wildlife including, but not 
        limited to, hunting and fishing, wildlife observation 
        and photography, such projects as construction or 
        restoration of wildlife viewing areas, observation 
        towers, blinds, platforms, land and water trails, water 
        access, field trialing, trail heads, and access for 
        such projects;
          [(7)] (9) the term ``wildlife conservation and 
        restoration program'' means a program developed by a 
        State fish and wildlife department and approved by the 
        Secretary under section 304(d), the projects that 
        constitute such a program, which may be implemented in 
        whole or part through grants and contracts by a State 
        to other State, Federal, or local agencies (including 
        those that gather, evaluate, and disseminate 
        information on wildlife and their habitats), wildlife 
        conservation organizations, and outdoor recreation and 
        conservation education entities from funds apportioned 
        under this title, and maintenance of such projects;
          [(8)] (10) the term ``wildlife conservation 
        education'' means projects, including public outreach, 
        intended to foster responsible natural resource 
        stewardship; and
          [(9)] (11) the term ``wildlife-restoration project'' 
        includes the wildlife conservation and restoration 
        program and means the selection, restoration, 
        rehabilitation, and improvement of areas of land or 
        water adaptable as feeding, resting, or breeding places 
        for wildlife, including acquisition of such areas or 
        estates or interests therein as are suitable or capable 
        of being made suitable therefor, and the construction 
        thereon or therein of such works as may be necessary to 
        make them available for such purposes and also 
        including such research into problems of wildlife 
        management as may be necessary to efficient 
        administration affecting wildlife resources, and such 
        preliminary or incidental costs and expenses as may be 
        incurred in and about such projects.

           *       *       *       *       *       *       *


SEC. 4. [16 U.S.C. 669C] ALLOCATION AND APPORTIONMENT OF AVAILABLE 
                    AMOUNTS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Apportionment of Revenues From Pistols, Revolvers, Bows, 
and Arrows.--[One-half]
          (1) In general.--Subject to paragraph (2), \1/2\; of 
        the revenues accruing to the fund under this Act each 
        fiscal year (beginning with the fiscal year 1975) from 
        any tax imposed on pistols, revolvers, bows, and arrows 
        shall be apportioned among the States in proportion to 
        the ratio that the population of each State bears to 
        the population of all the States[: Provided, That]. 
        [each State shall be apportioned not more than 3 per 
        centum and not less than 1 per centum of such revenues]
          (2) Condition.--The amount apportioned to each State 
        under paragraph (1) shall be not greater than 3 percent 
        and not less than 1 percent of the revenues described 
        in that paragraph and Guam, the Virgin Islands, 
        American Samoa, Puerto Rico, and the Northern Mariana 
        Islands shall each be apportioned [one-sixth of 1 per 
        centum of such revenues] \1/6\ of 1 percent of those 
        revenues. [For the purpose]
          (3) Population determination.--For the purpose of 
        this subsection, population shall be determined on the 
        basis of the latest decennial census for which figures 
        are available, as certified by the Secretary of 
        Commerce.
          (4) Use of funds.--In addition to other uses 
        authorized under this Act, amounts apportioned under 
        this subsection may be used for hunter recruitment and 
        recreational shooter recruitment.
  [(c)] (d) Apportionment of Wildlife Conservation and 
Restoration Account.--
  [(d)] (e) Wildlife Conservation and Restoration Programs.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) If the Secretary finds that the comprehensive 
        plan submitted by a State complies with paragraph (1), 
        the Secretary shall approve the wildlife conservation 
        and restoration program of the State and set aside from 
        the apportionment to the State made pursuant to 
        [subsection (c)] subsection (d) amount that 
        shall not exceed 75 percent of the estimated cost of 
        developing and implementing the program.

           *       *       *       *       *       *       *

  Sec. 8. [16 U.S.C. 669g] (a) Maintenance of wildlife-
restoration projects established under the provisions of this 
Act shall be the duty of the State in accordance with their 
respective laws. Beginning July 1, 1945, the term ``wildlife-
restoration project'', as defined in section 2 of this Act, 
shall include maintenance of completed projects. 
Notwithstanding any other provisions of this Act, funds 
apportioned to a State under this Act may be expended by the 
State for management (exclusive of law enforcement [and public 
relations]) of wildlife areas and resources. Funds from the 
Wildlife Conservation and Restoration Account may be used for a 
wildlife conservation education program, except that no such 
funds may be used for education efforts, projects, or programs 
that promote or encourage opposition to the regulated taking of 
wildlife.
  (b) Expenditures for Management of Wildlife Areas and 
Resources.--
          (1) In general.--Except as provided in paragraph (2), 
        each State may use the funds apportioned to it under 
        section 4(c) pay up to 75 per centum of the costs of a 
        hunter safety program and the operation and maintenance 
        of public target ranges[, as a part of such program].

           *       *       *       *       *       *       *


SEC. 10. [16 U.S.C. 669H-1] FIREARM AND BOW HUNTER EDUCATION AND SAFETY 
                    PROGRAM GRANTS.

  (a) In General.--
          (1) Grants.-- * * *

           *       *       *       *       *       *       *

                  (A) in the case of a State that has not used 
                all of the funds apportioned to the State under 
                section 4(c) for the fiscal year in the manner 
                described in section 8(b)--
                          (i) the enhancement of hunter 
                        education programs, hunter and sporting 
                        firearm safety programs, and hunter 
                        development programs;
                          (ii) the enhancement of interstate 
                        coordination and development of hunter 
                        education and shooting range programs;
                          (iii) the enhancement of bow hunter 
                        and archery education, safety, and 
                        development programs; [and]

           *       *       *       *       *       *       *

                          (iv) the enhancement of construction 
                        or development of firearm shooting 
                        ranges and archery ranges, and the 
                        updating of safety features of firearm 
                        shooting ranges and archery ranges; and

           *       *       *       *       *       *       *

                          (v) the enhancement of hunter 
                        recruitment and recreational shooter 
                        recruitment; and

SEC. 11. [16 U.S.C. 669H-2] MULTISTATE CONSERVATION GRANT PROGRAM.

  (a) In General.--
          (1) Amount for grants.--[Not more than]
                  (A) In general.--Not more than $3,000,000 of 
                the revenues covered into the fund for a fiscal 
                year shall be available to the Secretary of the 
                Interior for making multistate conservation 
                project grants in accordance with this section.
                  (B) Availability for hunter and recreational 
                shooter grants.--Not more than $5,000,000 of 
                the revenues covered into the fund from any tax 
                imposed under section 4161(b) of the Internal 
                Revenue Code of 1986 for a fiscal year shall be 
                available to the Secretary exclusively for 
                making hunter recruitment and recreational 
                shooter recruitment grants that promote a 
                national hunting and shooting sport recruitment 
                program, including related communication and 
                outreach activities.
  (b) Selection of Projects.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Priority list of projects.--A priority list 
        referred to in paragraph (2) is a priority list of 
        wildlife restoration projects that the [International] 
        Association of Fish and Wildlife Agencies--
  (c) Eligible Grantees.--
          (1) In general.-- * * *

           *       *       *       *       *       *       *

          (2) Nongovernmental organizations.--
                  (A) In general.--Any nongovernmental 
                organization that applies for a grant under 
                this section shall submit with the application 
                to the [International] Association of Fish and 
                Wildlife Agencies a certification that the 
                organization--
                          (i) will not use the grant funds to 
                        fund, in whole or in part, any activity 
                        of the organization that promotes or 
                        encourages opposition to the regulated 
                        hunting or trapping of wildlife or to 
                        recreational shooting activities

           *       *       *       *       *       *       *

  (d) Use of Grants.--A grant under this section shall not be 
used, in whole or in part, for an activity, project, or program 
that promotes or encourages opposition to the regulated hunting 
or trapping of wildlife or to recreational shooting activities.

           *       *       *       *       *       *       *


SEC. 12. * * *

           *       *       *       *       *       *       *


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.

SEC. [13] 14. [16 U.S.C. 669 NOTE] SHORT TITLE.

  This Act may be cited as the ``Pittman-Robertson Wildlife 
Restoration Act''.

           *       *       *       *       *       *       *