,i #aacth ,,congress #ast ,session ,h4 ,r4 #aacg ,,in ,,the ,,house ,,of ,,representatives ,march #ac1 #bjac ,mr4 ,kind 7for himself and ,mr4 ,wittman7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to authorize the ,secretary of the ,interior1 through the ,united ,states ,fish and ,wildlife ,service1 to conduct a ,joint ,venture ,program to protect1 restore1 enhance1 and manage migratory bird populations1 their habitats1 and the ecosystems they rely on1 through voluntary actions on public and private lands1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,joint ,ventures for ,bird ,habitat ,conservation ,act of #bjac4 #b4 ,findings and purpose 7a7 ,findings ,congress finds that-- 7#a7 migratory birds are of great ecological and economic value to the ,nation1 contributing to biological diversity1 advancing the well-being of human communities through pollination1 seed dispersal1 and other ecosystem services1 and bringing tremendous enjoyment to the tens of millions of ,americans who study1 watch1 feed1 or hunt these birds2 7#b7 sustainable populations of migratory birds depend on the conservation1 protection1 restoration1 and enhancement of terrestrial1 wetland1 marine1 and other aquatic habitats throughout their ranges in the ,united ,states1 as well as the rest of ,north ,america1 the ,caribbean1 and ,central and ,south ,america2 7#c7 birds are good indicators of environmental health and provide early warning of the impacts of environmental change1 helping to yield the most out of every dollar invested in conservation2 7#d7 human and environmental stressors are causing the decline of populations of many migratory bird species1 many of them once common1 and climate change will exacerbate the impacts of these stressors on migratory bird populations2 7#e7 the coordination of ,federal1 ,state1 tribal1 and local government natural resource conservation efforts and the formation of partnerships that include a diversity of nongovernmental conservation organizations1 private landowners1 and other relevant stakeholders is necessary to accomplish the conservation of migratory bird populations1 their habitats1 and the ecosystem functions they rely on2 7#f7 hunters1 through their purchase of ,federal migratory bird hunting stamps and ,state hunting licenses1 have long supported the conservation of migratory birds and their habitats in the ,united ,states through the various ,state and ,federal programs that are supported by the fees charged for such purchases2 7#g7 the ,department of the ,interior1 through the ,united ,states ,fish and ,wildlife ,service1 is authorized under a number of broad statutes to undertake many activities with partners to conserve natural resources1 including migratory birds and their habitat2 7#h7 through these authorities1 the ,service has created and supported a number of joint ventures with diverse partners to help protect1 manage1 enhance1 and restore migratory bird habitat throughout much of the ,united ,states and to conserve migratory bird species2 7#i7 the ,north ,american ,waterfowl ,management ,plan1 adopted by the ,united ,states and ,canada in #aihf1 with ,mexico joining as a signatory in #aiid1 was the first truly landscape-level approach to conserving migratory game birds and the wetland habitats on which they depend1 and became the foundation for the voluntary formation of ,joint ,ventures2 7#aj7 since the adoption of the ,north ,american ,waterfowl ,management ,plan1 joint ventures have expanded their application to all native birds and other wildlife species that depend on wetlands and associated upland habitats1 resulting in significant conservation benefits over the last #bj years2 7#aa7 ,states possess broad trustee and management authority over fish and wildlife resources within their borders1 and have utilized their authorities to undertake conservation programs to conserve resident and migratory birds and their habitats2 7#ab7 consistent with applicable ,federal and ,state laws1 the ,federal ,government and the ,states each have management responsibilities affecting fish and wildlife resources1 and should work cooperatively in fulfilling these responsibilities2 7#ac7 other domestic and international conservation projects authorized under the ,neotropical ,migratory ,bird ,conservation ,act 7#af ,u4,s4,c4 #faja et seq47 and the ,north ,american ,wetlands ,conservation ,act 7#af ,u4,s4,c4 #ddja et seq471 and additional bird conservation projects authorized under other ,federal authorities1 can expand and increase the effectiveness of the joint ventures in protecting and enhancing migratory bird habitats throughout the different ranges of species native to the ,united ,states2 and 7#ad7 the voluntary partnerships fostered by these joint ventures have served as innovative models for cooperative and effective landscape conservation1 with far-reaching benefits to other fish and wildlife populations1 and similar joint ventures should be authorized specifically to reinforce the importance and multiple benefits of these models to encourage adaptive resource management and the implementation of flexible conservation strategies in the #bast century4 7b7 ,purpose ,the purpose of this ,act is to establish a program administered by the ,director1 in coordination with other ,federal agencies with management authority over fish and wildlife resources and the ,states1 to develop1 implement1 and support innovative1 voluntary1 cooperative1 and effective conservation strategies and conservation actions to-- 7#a7 promote1 primarily1 sustainable populations of migratory birds1 and1 secondarily1 the fish and wildlife species associated with their habitats2 7#b7 encourage stakeholder and government partnerships consistent with the goals of protecting1 improving1 and restoring habitat2 7#c7 establish1 implement1 and improve science-based migratory bird conservation plans and promote and facilitate broader landscape-level conservation of fish and wildlife habitat2 and 7#d7 coordinate related conservation activities of the ,service and other ,federal agencies to maximize the efficient and effective use of funds appropriated or otherwise made available to support projects and activities to enhance bird populations and other populations of fish and wildlife and their habitats4 #c4 ,definitions ,in this ,act3 7#a7 ,conservation action ,the term conservation action means activities that-- 7,a7 support the protection1 restoration1 adaptive management1 conservation1 or enhancement of migratory bird populations1 their terrestrial1 wetland1 marine1 or other habitats1 and other wildlife species supported by those habitats1 including-- 7i7 biological and geospatial planning2 7ii7 landscape and conservation design2 7iii7 habitat protection1 enhancement1 and restoration2 7iv7 monitoring and tracking2 7v7 applied research2 and 7vi7 public outreach and education2 7,b7 are conducted on lands or waters that-- 7i7 are administered for the long-term conservation of such lands or waters and the migratory birds thereon1 including the marine environment2 or 7ii7 are not primarily held or managed for conservation but provide habitat value for migratory birds2 and 7,c7 incorporate adaptive management and science-based monitoring1 where applicable1 to improve outcomes and ensure efficient and effective use of ,federal funds4 7#b7 ,director ,the term ,director means the ,director of the ,united ,states ,fish and ,wildlife ,service4 7#c7 ,implementation ,plan ,the term ,implementation ,plan means an ,implementation ,plan approved by the ,director under section #e4 7#d7 ,indian tribe ,the term ,indian tribe has the meaning given that term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#e7 ,joint venture ,the term ,joint ,venture means a self-directed1 voluntary partnership1 established and conducted in accordance with section #e4 7#f7 ,management board ,the term ,management ,board means a ,joint ,venture ,management ,board established in accordance with section #e4 7#g7 ,migratory birds ,the term migratory birds means those species included in the list of migratory birds that appears in section #aj4ac of title #ej1 ,code of ,federal ,regulations1 under the authority of the ,migratory ,bird ,treaty ,act4 7#h7 ,program ,the term ,program means the ,joint ,ventures ,program conducted in accordance with this ,act4 7#i7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#aj7 ,service ,the term ,service means the ,united ,states ,fish and ,wildlife ,service4 7#aa7 ,state ,the term ,state means-- 7,a7 any ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 the ,virgin ,islands1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands2 and 7,b7 one or more agencies of a ,state government responsible under ,state law for managing fish or wildlife resources4 #d4 ,joint ,ventures ,program 7a7 ,in general ,the ,secretary shall conduct1 through the ,united ,states ,fish and ,wildlife ,service1 a ,joint ,ventures ,program administered by the ,director4 ,the ,director1 through the ,program1 shall develop an administrative framework for the approval and establishment and implementation of ,joint ,ventures1 that-- 7#a7 provides financial and technical assistance to support regional migratory bird conservation partnerships2 7#b7 develops and implements plans to protect and enhance migratory bird populations throughout their range1 that are focused on regional landscapes and habitats that support those populations2 7#c7 complements and supports activities by the ,secretary and the ,director to fulfill obligations under-- 7,a7 the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gja et seq472 7,b7 the ,migratory ,bird ,conservation ,act 7#af ,u4,s4,c4 #gae et seq472 7,c7 the ,neotropical ,migratory ,bird ,conservation ,act 7#af ,u4,s4,c4 #faja et seq472 7,d7 the ,north ,american ,wetlands ,conservation ,act 7#af ,u4,s4,c4 #ddja et seq472 7,e7 the ,fish and ,wildlife ,conservation ,act of #aihj 7#af ,u4,s4,c4 #bija et seq472 and 7,f7 the ,partners for ,fish and ,wildlife ,act 7#af ,u4,s4,c4 #cgga et seq472 and 7#d7 support the goals and objectives of-- 7,a7 the ,north ,american ,waterfowl ,management ,plan2 7,b7 the ,united ,states ,shorebird ,conservation ,plan2 7,c7 the ,north ,american ,waterbird ,conservation ,plan2 7,d7 the ,partners in ,flight ,north ,american ,landbird ,conservation ,plan2 and 7,e7 other treaties1 conventions1 agreements1 or strategies entered into by the ,united ,states and implemented by the ,secretary that promote the conservation of migratory bird populations and their habitats4 7b7 ,guidelines ,within #ahj days after the date of enactment of this ,act the ,secretary1 through the ,director1 shall publish in the ,federal ,register guidelines for the implementation of this ,act1 including regarding requirements for approval of proposed ,joint ,ventures and administration1 oversight1 coordination among1 and evaluation of approved ,joint ,ventures4 7c7 ,coordination with states ,in the administration of the program authorized under this section1 the ,director shall coordinate and cooperate with the ,states to fulfill the purposes of this ,act4 #e4 ,joint ,venture establishment and administration 7a7 ,establishment 7#a7 ,in general ,the ,director1 through the ,program1 may enter into an agreement with eligible partners described in paragraph 7#b7 to establish a ,joint ,venture to fulfill one or more of the purposes set forth in paragraphs 7#a7 through 7#c7 of section #b7;b74 7#b7 ,eligible partners ,the eligible partners referred to in paragraph 7#a7 are the following3 7,a7 ,federal and ,state agencies with jurisdiction over migratory bird resources1 their habitats1 or that implement program activities that affect migratory bird habitats or the ecosystems they rely on4 7,b7 ,affected regional1 local1 and tribal governments1 private landowners1 land managers1 and other private stakeholders4 7,c7 ,nongovernmental organizations with expertise in bird conservation or fish and wildlife conservation or natural resource and landscape management generally4 7,d7 ,other relevant stakeholders4 7b7 ,management board 7#a7 ,in general ,an agreement under this section for a ,joint ,venture shall establish a ,management ,board in accordance with this subsection4 7#b7 ,membership ,the ,management ,board shall include a diversity of members representing stakeholder interests from the appropriate geographic region1 including1 as appropriate1 representatives from the ,service and other ,federal agencies that have management authority over fish and wildlife resources on public lands or in the marine environment1 or that implement programs that affect migratory bird habitats1 and representatives from the ,states1 and may include-- 7,a7 regional governments and ,indian tribes2 7,b7 academia or the scientific community2 7,c7 nongovernmental landowners or land managers2 7,d7 nonprofit conservation or other relevant organizations with expertise in migratory bird conservation1 or in fish and wildlife conservation generally2 and 7,e7 private organizations with a dedicated interest in conserving migratory birds and their habitats4 7#c7 ,functions and ,responsibilities 7,a7 ,organization and operations plan ,a ,management ,board1 in accordance with the guidelines published by the ,director under section #d and in coordination with the ,director1 shall develop1 publish1 and comply with a plan that specifies the organizational structure of the ,joint ,venture and prescribes its operational practices and procedures4 7,b7 ,administration ,subject to applicable ,federal and ,state law1 the ,management ,board shall manage the personnel and operations of the ,joint ,venture1 including-- 7i7 by appointing a coordinator for the ,joint ,venture in consultation with the ,director1 to manage the daily and long-term operations of the ,joint ,venture2 7ii7 approval of other full- or part-time administrative and technical non-,federal employees as the ,management ,board determines necessary to perform the functions of the ,joint ,venture1 meet objectives specified in the ,implementation ,plan1 and fulfill the purpose of this ,act2 and 7iii7 establishment of committees1 steering groups1 focus groups1 geographic or taxonomic groups1 or other organizational entities to assist in implementing the relevant ,implementation ,plan4 7#d7 ,use of ,service and ,federal agency employees ,subject to the availability of appropriations and upon the request from a ,management ,board1 and after consultation with and approval of the ,director1 the head of any ,federal agency may detail to the ,management ,board1 on a reimbursable or nonreimbursable basis1 any agency personnel to assist the ,joint ,venture in performing its functions under this ,act4 7c7 ,implementation plan 7#a7 ,submission of plan to ,director ,before the ,director enters into an agreement to establish a ,joint ,venture under subsection 7a71 the ,management ,board for the ,joint ,venture shall submit to the ,director a proposed ,implementation ,plan that shall contain1 at a minimum1 the following elements3 7,a7 ,a strategic framework for migratory bird conservation that includes biological planning2 conservation design2 habitat restoration1 protection1 and enhancement2 applied research2 and monitoring and evaluation activities4 7,b7 ,provisions for effective communication among member participants within the ,joint ,venture4 7,c7 ,a long-term strategy to conduct public outreach and education regarding the purposes and activities of the ,joint ,venture and activities to regularly communicate to the general public information generated by the ,joint ,venture4 7,d7 ,coordination with laws and conservation plans referred to in section #d7;a77#c7 and 7#d7 that are relevant to migratory birds1 and other relevant regional1 national1 or international initiatives identified by the ,director to conserve migratory birds1 their habitats1 ecological functions1 and associated populations of fish and wildlife4 7,e7 ,an organizational plan that-- 7i7 identifies the initial membership of the ,management ,board and establishes procedures for updating the membership of the ,management ,board as appropriate2 7ii7 describes the organizational structure of the ,joint ,venture1 including proposed committees and subcommittees1 and procedures for revising and updating the structure1 as necessary2 and 7iii7 provides a strategy to increase stakeholder participation or membership in the ,joint ,venture4 7,f7 ,procedures to coordinate the development1 implementation1 oversight1 monitoring1 tracking1 and reporting of conservation actions approved by the ,management ,board and an evaluation process to determine overall effectiveness of activities undertaken by the ,joint ,venture4 7,g7 ,a strategy to encourage the contribution of non-,federal financial resources1 donations1 gifts and in-kind contributions to support the objectives of the ,joint ,venture and fulfillment of the ,implementation ,plan4 7#b7 ,review ,the ,director shall-- 7,a7 coordinate the review of a proposed ,implementation ,plan submitted under this section2 and 7,b7 ensure that such plan is circulated for review for a period not to exceed #ij days1 to-- 7i7 bureaus within the ,service and other appropriate bureaus or agencies within the ,department of the ,interior2 7ii7 appropriate regional migratory bird ,flyway ,councils2 7iii7 national and international boards that oversee bird conservation initiatives under the plans specified in section #d7;a77#d72 7iv7 relevant ,state agencies1 regional governmental entities1 and ,indian tribes2 7v7 nongovernmental conservation organizations1 academic institutions1 or other stakeholders engaged in existing ,joint ,ventures that have knowledge or expertise of the geographic or ecological scope of the ,joint ,venture2 and 7vi7 other relevant stakeholders considered necessary by the ,director to ensure a comprehensive review of the proposed ,implementation ,plan4 7#c7 ,approval ,the ,director shall approve an ,implementation ,plan submitted by the ,management ,board for a ,joint ,venture if the ,director finds that-- 7,a7 the plan provides for implementation of conservation actions to conserve waterfowl and other native migratory birds and their habitats and ecosystems either-- 7i7 in a specific geographic area of the ,united ,states2 or 7ii7 across the range of a specific species or similar group of like species2 7,b7 the members of the ,joint ,venture-- 7i7 accept the responsibility for implementation of national or international bird conservation plans in the region of the ,united ,states to which the plan applies2 and 7ii7 have demonstrated to the satisfaction of the ,director the capacity to implement conservation actions identified in the plan1 including 7,i7 the design1 funding1 monitoring1 and tracking of conservation projects that advance the objectives of the ,joint ,venture2 and 7,,ii7 reporting and conduct of public outreach regarding such projects2 and 7,c7 the plan maximizes1 to the extent practicable1 coordination with other relevant and active conservation plans or programs within the geographic scope of the ,joint ,venture to conserve1 protect1 recover1 or restore migratory bird habitats and other fish and wildlife habitat within the operating region of the ,joint ,venture4 #f4 ,grants and other assistance 7a7 ,in general ,except as provided in subsection 7b71 and subject to the availability of appropriations1 the ,director may award grants of financial assistance to implement a ,joint ,venture through-- 7#a7 support of the activities of the ,management ,board of the ,joint ,venture and to pay for necessary administrative costs and services1 personnel1 and meetings1 travel1 and other business activities2 and 7#b7 support for specific conservation actions and other activities necessary to carry out the ,implementation ,plan4 7b7 ,limitation ,a ,joint ,venture is not eligible for assistance or support authorized in this section unless the ,joint ,venture is operating under an ,implementation ,plan approved by the ,director under section #e4 7c7 ,conservation action grant criteria ,the ,secretary1 through the ,director1 within #ahj days after date of enactment of this ,act and after consultation with representatives from ,management ,boards and equivalent entities of joint ventures referred to in section #h1 shall publish guidelines for determining funding allocations among joint ventures and priorities for funding among conservation action proposals to meet the purpose of this ,act and respective ,implementation ,plans4 7d7 ,matching requirements ,if a ,management ,board determines that two or more proposed conservation actions are of equal value toward fulfillment of the relevant ,implementation ,plan1 priority shall be given to the action or actions for which there exist non-,federal matching contributions that are equal to or exceed the amount of ,federal funds available for such action or actions4 7e7 ,technical assistance ,the ,secretary1 through the ,director1 may provide technical and administrative assistance for implementation of ,joint ,ventures and the expenditure of financial assistance under this subsection4 7f7 ,acceptance and use of donations ,the ,secretary1 through the ,director1 may accept and use donations of funds1 gifts1 and in-kind contributions to provide assistance under this section4 #g4 ,reporting requirements 7a7 ,annual reports by management boards 7#a7 ,in general ,the ,secretary1 acting through the ,director1 shall-- 7,a7 require each ,management ,board to submit annual reports for all approved ,joint ,ventures of the ,management ,board2 and 7,b7 publish within #ahj days after the date of enactment of this ,act guidelines to implement this subsection4 7#b7 ,contents ,each annual report shall include-- 7,a7 a description and justification of all conservation actions approved and implemented by the ,management ,board during the period covered by the report2 7,b7 when appropriate based upon the goals and objectives of an ,implementation ,plan1 an estimate of the total number of acres of migratory bird habitat either restored1 protected1 or enhanced as a result of such conservation actions2 7,c7 the amounts and sources of ,federal and non-,federal funding for such conservation actions2 7,d7 the amounts and sources of funds expended for administrative and other expenses of the ,joint ,venture of the ,management ,board1 including all donations1 gifts1 and in-kind contributions provided for the ,joint ,venture2 7,e7 the status of progress made in achieving the strategic framework of the ,implementation ,plan of such ,joint ,venture and fulfillment of the purpose of this ,act2 and 7,f7 other elements considered necessary by the ,director to insure transparency and accountability by ,management ,boards in the implementation of its responsibilities under this ,act4 7b7 ,joint ,venture ,program #e-,year reviews 7#a7 ,in general ,the ,secretary1 acting through the ,director1 shall at #e years after the date of enactment of this ,act and at #e-year intervals thereafter1 complete an objective and comprehensive review and evaluation of the ,program4 7#b7 ,review contents ,each review under this subsection shall include-- 7,a7 an evaluation of the effectiveness of the ,program in meeting the purpose of this ,act specified in section #b7;b72 7,b7 an evaluation of all approved ,implementation ,plans1 especially the effectiveness of existing conservation strategies1 priorities1 and methods to meet the objectives of such plans and fulfill the purpose of this ,act2 and 7,c7 recommendations to revise the ,program or to amend or otherwise revise ,implementation ,plans to ensure that activities undertaken pursuant to this ,act address the effects of climate change on migratory bird populations and their habitats1 and fish and wildlife habitats1 in general4 7#c7 ,consultation ,the ,secretary1 acting through the ,director1 in the implementation of this subsection-- 7,a7 shall consult with other appropriate ,federal agencies with responsibility for the conservation or management of fish and wildlife habitat and appropriate ,state agencies2 and 7,b7 may consult with appropriate1 ,indian tribes1 ,flyway ,councils1 or regional conservation organizations1 public and private landowners1 members of academia and the scientific community1 and other nonprofit conservation or private stakeholders4 7#d7 ,public comment ,the ,secretary1 through the ,director1 shall provide for adequate opportunities for general public review and comment of the ,program as part of the #e-year evaluations conducted pursuant to this subsection4 #h4 ,treatment of existing joint ventures ,for purposes of this ,act1 the ,director-- 7#a7 shall treat as a ,joint ,venture any joint venture recognized by the ,director before the date of the enactment of this ,act in accordance with the ,united ,states ,fish and ,wildlife ,services manual 7#gba;,,fw#f72 and 7#b7 shall treat as an ,implementation ,plan an implementation plan adopted by the management board for such joint venture4 #i4 ,relationship to other authorities 7a7 ,authorities1 etc4 of ,secretary ,nothing in this ,act affects authorities1 responsibilities1 obligations1 or powers of the ,secretary under any other ,act4 7b7 ,state ,authority ,nothing in this ,act preempts any provision or enforcement of a ,state statute or regulation relating to the management of fish and wildlife resources within such ,state4 #aj4 ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to any boards1 committees1 or other groups established under this ,act4