,,ii ,calendar ,no4 #cga #aadth ,,congress #b;d ,session ,s4 #fei ,report ,no4 #aad-baj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #d1 #bjae,mr4 ,sullivan introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,february #bd1 #bjaf,reported by ,mr4 ,inhofe1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to protect and enhance opportunities for recreational hunting1 fishing1 and shooting1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,bipartisan ,sportsmen's ,act of #bjae4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,modification of definition of sport fishing equipment under the ,toxic ,substances ,control ,act4,sec4 #c4 ,target practice and marksmanship4,sec4 #d4 ,permits for importation of polar bear trophies taken in sport hunts in ,canada4,sec4 #e4 ,baiting of migratory game birds4,sec4 #f4 ,protecting the right of individuals to bear arms at water resources development projects4,sec4 #g4 ,north ,american ,wetlands ,conservation ,act4,sec4 #h4 ,multinational ,species ,conservation ,funds ,reauthorization4,sec4 #i4 ,interest on obligations held in the wildlife restoration fund4 #b4 ,modification of definition of sport fishing equipment under the ,toxic ,substances ,control ,act ,section #c7b77;,b7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjb7b77;,b77 is amended-- 7#a7 in clause 7v71 by striking 1 and and inserting 1 or any component of any such article including1 without limitation1 shot1 bullets and other projectiles1 propellants1 and primers12 7#b7 in clause 7vi7 by striking the period at the end and inserting 1 and2 and 7#c7 by inserting after clause 7vi7 the following3 7vii7 any sport fishing equipment 7as such term is defined in section #dafb7;a7 of the ,internal ,revenue ,code of #aihf7 the sale of which is subject to the tax imposed by section #dafa7;a7 of such ,code 7determined without regard to any exemptions from such tax provided by section #dafb or #dbba or any other provision of such ,code71 and sport fishing equipment components4 4 #c4 ,target practice and marksmanship 7a7 ,purpose ,the purpose of this section is to facilitate the construction and expansion of public target ranges1 including ranges on ,federal land managed by the ,forest ,service and the ,bureau of ,land ,management4 7b7 ,definition of public target range ,in this section1 the term public target range means a specific location that-- 7#a7 is identified by a governmental agency for recreational shooting2 7#b7 is open to the public2 7#c7 may be supervised2 and 7#d7 may accommodate archery or rifle1 pistol1 or shotgun shooting4 7c7 ,amendments to ,pittman-,robertson ,wildlife ,restoration ,act 7#a7 ,definitions ,section #b of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;a7 is amended-- 7,a7 by redesignating paragraphs 7#b7 through 7#h7 as paragraphs 7#c7 through 7#i71 respectively2 and 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 the term public target range means a specific location that-- 7,a7 is identified by a governmental agency for recreational shooting2 7,b7 is open to the public2 7,c7 may be supervised2 and 7,d7 may accommodate archery or rifle1 pistol1 or shotgun shooting2 4 7#b7 ,expenditures for management of wildlife areas and resources ,section #h7;b7 of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;g7b77 is amended-- 7,a7 by striking 7b7 ,each ,state and inserting the following3 7b7 ,expenditures for management of wildlife areas and resources 7#a7 ,in general ,except as provided in paragraph 7#b71 each ,state 2 7,b7 in paragraph 7#a7 7as so designated71 by striking construction1 operation1 and inserting operation2 7,c7 in the second sentence1 by striking ,the non-,federal share and inserting the following3 7#c7 ,non-federal share ,the non-,federal share 2 7,d7 in the third sentence1 by striking ,the ,secretary and inserting the following3 7#d7 ,regulations ,the ,secretary 2 and 7,e7 by inserting after paragraph 7#a7 7as designated by subparagraph 7,a77 the following3 7#b7 ,exception ,notwithstanding the limitation described in paragraph 7#a71 a ,state may pay up to #ij percent of the cost of acquiring land for1 expanding1 or constructing a public target range4 4 7#c7 ,firearm and bow hunter education and safety program grants ,section #aj of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;h-#a7 is amended-- 7,a7 in subsection 7a71 by adding at the end the following3 7#c7 ,allocation of additional amounts ,of the amount apportioned to a ,state for any fiscal year under section #d7;b71 the ,state may elect to allocate not more than #aj percent1 to be combined with the amount apportioned to the ,state under paragraph 7#a7 for that fiscal year1 for acquiring land for1 expanding1 or constructing a public target range4 2 7,b7 by striking subsection 7b7 and inserting the following3 7b7 ,cost sharing 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,federal share of the cost of any activity carried out using a grant under this section shall not exceed #ge percent of the total cost of the activity4 7#b7 ,public target range construction or expansion ,the ,federal share of the cost of acquiring land for1 expanding1 or constructing a public target range in a ,state on ,federal or non-,federal land pursuant to this section or section #h7;b7 shall not exceed #ij percent of the cost of the activity4 2 and 7,c7 in subsection 7c77#a7-- 7i7 by striking ,amounts made and inserting the following3 7,a7 ,in general ,except as provided in subparagraph 7,b71 amounts made 2 and 7ii7 by adding at the end the following3 7,b7 ,exception ,amounts provided for acquiring land for1 constructing1 or expanding a public target range shall remain available for expenditure and obligation during the #e-;fiscal-year period beginning on ,october #a of the first fiscal year for which the amounts are made available4 4 7d7 ,sense of congress regarding cooperation ,it is the sense of ,congress that1 consistent with applicable laws 7including regulations71 the ,chief of the ,forest ,service and the ,director of the ,bureau of ,land ,management should cooperate with ,state and local authorities and other entities to carry out waste removal and other activities on any ,federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training4 #d4 ,permits for importation of polar bear trophies taken in sport hunts in ,canada ,section #ajd7;c77#e77;,d7 of the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #acgd7;c77#e77;,d77 is amended to read as follows3 7,d7 7i7 ,the ,secretary of the ,interior shall1 expeditiously after the expiration of the applicable #cj-;day period under subsection 7d77#b71 issue a permit for the importation of any polar bear part 7other than an internal organ7 from a polar bear taken in a sport hunt in ,canada to any person-- 7,i7 who submits1 with the permit application1 proof that the polar bear was legally harvested by the person before ,february #ah1 #aiig2 or 7,,ii7 who has submitted1 in support of a permit application submitted before ,may #ae1 #bjjh1 proof that the polar bear was legally harvested by the person before ,may #ae1 #bjjh1 from a polar bear population from which a sport-hunted trophy could be imported before that date in accordance with section #ah4cj7;i7 of title #ej1 ,code of ,federal ,regulations4 7ii7 ,the ,secretary shall issue permits under clause 7i77,i7 without regard to subparagraphs 7,a7 and 7,c77ii7 of this paragraph1 subsection 7d77#c71 and sections #aja and #ajb4 ,sections #aja7;a77#c77;,b7 and #ajb7;b77#c7 shall not apply to the importation of any polar bear part authorized by a permit issued under clause 7i77,i74 ,this clause shall not apply to polar bear parts that were imported before ,june #ab1 #aiig4 7iii7 ,the ,secretary shall issue permits under clause 7i77,,ii7 without regard to subparagraph 7,c77ii7 of this paragraph or subsection 7d77#c74 ,sections #aja7;a77#c77;,b7 and #ajb7;b77#c7 shall not apply to the importation of any polar bear part authorized by a permit issued under clause 7i77,,ii74 ,this clause shall not apply to polar bear parts that were imported before the date of enactment of the ,bipartisan ,sportsmen's ,act of #bjae4 4 #e4 ,baiting of migratory game birds ,section #c of the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjd7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,prohibition of baiting 7#a7 ,definitions ,in this subsection3 7,a7 ,baited area 7i7 ,in general ,the term baited area means-- 7,i7 any area on which salt1 grain1 or other feed has been placed1 exposed1 deposited1 distributed1 or scattered1 if the salt1 grain1 or feed could lure or attract migratory game birds2 and 7,,ii7 in the case of waterfowl1 cranes 7family ,gruidae71 and coots 7family ,rallidae71 a standing1 unharvested crop that has been manipulated through activities such as mowing1 discing1 or rolling1 unless the activities are normal agricultural practices4 7ii7 ,exclusions ,an area shall not be considered to be a baited area if the area-- 7,i7 has been treated with a normal agricultural practice2 7,,ii7 has standing crops that have not been manipulated2 or 7,,iii7 has standing crops that have been or are flooded4 7,b7 ,baiting ,the term baiting means the direct or indirect placing1 exposing1 depositing1 distributing1 or scattering of salt1 grain1 or other feed that could lure or attract migratory game birds to1 on1 or over any areas on which a hunter is attempting to take migratory game birds4 7,c7 ,migratory game bird ,the term migratory game bird means migratory bird species-- 7i7 that are within the taxonomic families of ,anatidae1 ,columbidae1 ,gruidae1 ,rallidae1 and ,scolopacidae2 and 7ii7 for which open seasons are prescribed by the ,secretary of the ,interior4 7,d7 ,normal agricultural practice 7i7 ,in general ,the term normal agricultural practice means any practice in #a annual growing season that-- 7,i7 is carried out in order to produce a marketable crop1 including planting1 harvest1 post-harvest1 or soil conservation practices2 and 7,,ii7 is recommended for the successful harvest of a given crop by the applicable ,state office of the ,cooperative ,extension ,system of the ,department of ,agriculture1 in consultation with1 and if requested1 the concurrence of1 the head of the applicable ,state department of fish and wildlife4 7ii7 ,inclusions 7,i7 ,in general ,subject to subclause 7,,ii71 the term normal agricultural practice includes the destruction of a crop in accordance with practices required by the ,federal ,crop ,insurance ,corporation for agricultural producers to obtain crop insurance under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq47 on land on which a crop during the current or immediately preceding crop year was not harvestable due to a natural disaster 7including any hurricane1 storm1 tornado1 flood1 high water1 wind-driven water1 tidal wave1 tsunami1 earthquake1 volcanic eruption1 landslide1 mudslide1 drought1 fire1 snowstorm1 or other catastrophe that is declared a major disaster by the ,president in accordance with section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj774 7,,ii7 ,limitations ,the term normal agricultural practice only includes a crop described in subclause 7,i7 that has been destroyed or manipulated through activities that include 7but are not limited to7 mowing1 discing1 or rolling if the ,federal ,crop ,insurance ,corporation certifies that flooding was not an acceptable method of destruction to obtain crop insurance under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq474 7,e7 ,waterfowl ,the term waterfowl means native species of the family ,anatidae4 7#b7 ,prohibition ,it shall be unlawful for any person-- 7,a7 to take any migratory game bird by baiting or on or over any baited area1 if the person knows or reasonably should know that the area is a baited area2 or 7,b7 to place or direct the placement of bait on or adjacent to an area for the purpose of causing1 inducing1 or allowing any person to take or attempt to take any migratory game bird by baiting or on or over the baited area4 7#c7 ,regulations ,the ,secretary of the ,interior may promulgate regulations to implement this subsection4 7#d7 ,reports ,annually1 the ,secretary of ,agriculture shall submit to the ,secretary of the ,interior a report that describes any changes to normal agricultural practices across the range of crops grown by agricultural producers in each region of the ,united ,states in which the recommendations are provided to agricultural producers4 4 #f4 ,protecting the right of individuals to bear arms at water resources development projects ,the ,secretary of the ,army shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm1 including an assembled or functional firearm1 in any area open to the public 7other than a ,federal facility as defined in section #icj7;g7 of title #ah1 ,united ,states ,code7 at a water resources development project covered under section #cbg4j of title #cf1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 if-- 7#a7 the individual is not otherwise prohibited by law from possessing the firearm2 and 7#b7 the possession of the firearm is in compliance with the law of the ,state in which the water resources development project is located4 #g4 ,north ,american ,wetlands ,conservation ,act ,section #g7;c7 of the ,north ,american ,wetlands ,conservation ,act 7#af ,u4,s4,c4 #ddjf7;c77 is amended-- 7#a7 in paragraph 7#d71 by striking and2 7#b7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#f7 #ej1jjj1jjj for each of fiscal years #bjae through #bjbj4 4 #h4 ,multinational ,species ,conservation ,funds ,reauthorization 7a7 ,reauthorization of ,african ,elephant ,conservation ,act ,section #bcjf7;a7 of the ,african ,elephant ,conservation ,act 7#af ,u4,s4,c4 #dbde7;a77 is amended by striking #bjjg through #bjab and inserting #bjaf through #bjbj4 7b7 ,reauthorization of ,rhinoceros and ,tiger ,conservation ,act of #aiid ,section #aj7;a7 of the ,rhinoceros and ,tiger ,conservation ,act of #aiid 7#af ,u4,s4,c4 #ecjf7;a77 is amended by striking #bjjg through #bjab and inserting #bjaf through #bjbj4 7c7 ,reauthorization of ,asian ,elephant ,conservation ,act of #aiig ,section #h7;a7 of the ,asian ,elephant ,conservation ,act of #aiig 7#af ,u4,s4,c4 #dbff7;a77 is amended by striking #bjjg through #bjab and inserting #bjaf through #bjbj4 7d7 ,amendment and reauthorization of ,great ,ape ,conservation ,act of #bjjj ,the ,great ,ape ,conservation ,act of #bjjj is amended as follows3 7#a7 ,multiyear grants ,in section #d 7#af ,u4,s4,c4 #fcjc71 by adding at the end the following new subsections3 7j7 ,multiyear grants 7#a7 ,in general ,the ,secretary may award a multiyear grant under this section to a person who is otherwise eligible for a grant under this section1 to carry out a project that the person demonstrates is an effective1 long-term conservation strategy for great apes and their habitats4 7#b7 ,annual grants not affected ,this subsection shall not be construed as precluding the ,secretary from awarding grants on an annual basis4 4 7#b7 ,panel of experts ,in section #d7;i7 7#af ,u4,s4,c4 #fcjc7;i77-- 7,a7 in paragraph 7#a71 by-- 7i7 striking ,every #b years and inserting ,within one year after the date of the enactment of the ,bipartisan ,sportsmen's ,act of #bjae1 and every #e years thereafter2 7ii7 striking may convene and inserting shall convene2 7iii7 inserting and priorities after needs2 and 7iv7 adding at the end the following new sentence3 ,the panel shall1 to the extent practicable1 include representatives from foreign range states with expertise in great ape conservation42 and 7,b7 by redesignating paragraph 7#b7 as paragraph 7#d71 and inserting after paragraph 7#a7 the following new paragraphs3 7#b7 ,in identifying conservation needs and priorities under paragraph 7#a71 the panel shall consider relevant great ape conservation plans or strategies including scientific research and findings related to-- 7,a7 the conservation needs and priorities of great apes2 7,b7 regional or species-specific action plans or strategies2 7,c7 applicable strategies developed or initiated by the ,secretary2 and 7,d7 any other applicable conservation plan or strategy4 7#c7 ,the ,secretary1 subject to the availability of appropriations1 may pay expenses of convening and facilitating meetings of the panel4 4 7#c7 ,administrative expenses limitation ,in section #e7;b77#b7 7#af ,u4,s4,c4 #fcjd7;b77#b771 by striking #ajj1jjj and inserting #aej1jjj4 7#d7 ,authorization of appropriations ,in section #f 7#af ,u4,s4,c4 #fcje71 by striking #bjjf through #bjaj and inserting #bjaf through #bjbj4 7e7 ,amendment and reauthorization of ,marine ,turtle ,conservation ,act of #bjjd 7#a7 ,in general ,the ,marine ,turtle ,conservation ,act of #bjjd is amended-- 7,a7 in sections #b7;b7 and #c7b7 7#af ,u4,s4,c4 #ffja7;b71 #ffjb7b771 by inserting and territories of the ,united ,states after foreign countries each place it occurs2 7,b7 in section #c 7#af ,u4,s4,c4 #ffjb7 by adding at the end the following3 7#g7 ,territory of the ,united ,states ,the term territory of the ,united ,states means each of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and any other territory or possession of the ,united ,states4 2 and 7,c7 in section #d 7#af ,u4,s4,c4 #ffjc7-- 7i7 in subsection 7b77#a77;,a71 by inserting or territory of the ,united ,states after foreign country2 and 7ii7 in subsection 7d7 by inserting and territories of the ,united ,states after foreign countries4 7#b7 ,administrative expenses limitation ,section #e7;b77#b7 of the ,marine ,turtle ,conservation ,act of #bjjd 7#af ,u4,s4,c4 #ffjd7;b77#b77 is amended by striking #hj1jjj and inserting #aej1jjj4 7#c7 ,reauthorization ,section #g of the ,marine ,turtle ,conservation ,act of #bjjd 7#af ,u4,s4,c4 #ffjf7 is amended by striking each of fiscal years #bjje through #bjji and inserting each of fiscal years #bjaf through #bjbj4 #i4 ,interest on obligations held in the wildlife restoration fund ,section #c7;b77#b77;,c7 of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;b7 is amended by striking #bjaf and inserting #bjbf4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,bipartisan ,sportsmen's ,act of #bjaf4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,modification of definition of sport fishing equipment under the ,toxic ,substances ,control ,act4 ,sec4 #c4 ,target practice and marksmanship4 ,sec4 #d4 ,permits for importation of polar bear trophies taken in sport hunts in ,canada4 ,sec4 #e4 ,baiting of migratory game birds4 ,sec4 #g4 ,north ,american ,wetlands ,conservation ,act4 ,sec4 #h4 ,multinational ,species ,conservation ,funds ,reauthorization4 ,sec4 #i4 ,reauthorization of ,neotropical ,migratory ,bird ,conservation ,act4 ,sec4 #aj4 ,challenge cost-sharing program for management of recreation facilities4 ,sec4 #aa4 ,national ,fish and ,wildlife ,foundation ,establishment ,act4,sec4 #ab4 ,use of authorized pesticides2 discharges of pesticides2 report4 ,sec4 #ac4 ,seaward boundaries4,sec4 #ad4 ,reissuance of final rule regarding gray wolves in the ,western ,great ,lakes4 ,sec4 #ae4 ,reissuance of final rule regarding gray wolves in ,wyoming4 ,sec4 #af4 ,prohibition on issuance of final rule4 ,sec4 #ag4 ,national ,fish ,habitat ,conservation4 #b4 ,modification of definition of sport fishing equipment under the ,toxic ,substances ,control ,act ,section #c7b77;,b7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjb7b77;,b77 is amended-- 7#a7 in clause 7v71 by striking and at the end2 7#b7 in clause 7vi7 by striking the period at the end and inserting 1 and2 and 7#c7 by inserting after clause 7vi7 the following3 7vii7 any sport fishing equipment 7as such term is defined in section #dafb7;a7 of the ,internal ,revenue ,code of #aihf7 the sale of which is subject to the tax imposed by section #dafa7;a7 of such ,code 7determined without regard to any exemptions from such tax provided by section #dafb or #dbba or any other provision of such ,code71 and sport fishing equipment components4 4 #c4 ,target practice and marksmanship 7a7 ,purpose ,the purpose of this section is to facilitate the construction and expansion of public target ranges1 including ranges on ,federal land managed by the ,forest ,service and the ,bureau of ,land ,management4 7b7 ,definition of public target range ,in this section1 the term public target range means a specific location that-- 7#a7 is identified by a governmental agency for recreational shooting2 7#b7 is open to the public2 7#c7 may be supervised2 and 7#d7 may accommodate archery or rifle1 pistol1 or shotgun shooting4 7c7 ,amendments to ,pittman-,robertson ,wildlife ,restoration ,act 7#a7 ,definitions ,section #b of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;a7 is amended-- 7,a7 by redesignating paragraphs 7#b7 through 7#h7 as paragraphs 7#c7 through 7#i71 respectively2 and 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 the term public target range means a specific location that-- 7,a7 is identified by a governmental agency for recreational shooting2 7,b7 is open to the public2 7,c7 may be supervised2 and 7,d7 may accommodate archery or rifle1 pistol1 or shotgun shooting2 4 7#b7 ,expenditures for management of wildlife areas and resources ,section #h7;b7 of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;g7b77 is amended-- 7,a7 by striking 7b7 ,each ,state and inserting the following3 7b7 ,expenditures for management of wildlife areas and resources 7#a7 ,in general ,except as provided in paragraph 7#b71 each ,state 2 7,b7 in paragraph 7#a7 7as so designated71 by striking construction1 operation1 and inserting operation2 7,c7 in the second sentence1 by striking ,the non-,federal share and inserting the following3 7#c7 ,non-federal share ,the non-,federal share 2 7,d7 in the third sentence1 by striking ,the ,secretary and inserting the following3 7#d7 ,regulations ,the ,secretary 2 and 7,e7 by inserting after paragraph 7#a7 7as designated by subparagraph 7,a77 the following3 7#b7 ,exception ,notwithstanding the limitation described in paragraph 7#a71 a ,state may pay up to #ij percent of the cost of acquiring land for1 expanding1 or constructing a public target range4 4 7#c7 ,firearm and bow hunter education and safety program grants ,section #aj of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;h-#a7 is amended-- 7,a7 in subsection 7a71 by adding at the end the following3 7#c7 ,allocation of additional amounts ,of the amount apportioned to a ,state for any fiscal year under section #d7;b71 the ,state may elect to allocate not more than #aj percent1 to be combined with the amount apportioned to the ,state under paragraph 7#a7 for that fiscal year1 for acquiring land for1 expanding1 or constructing a public target range4 2 7,b7 by striking subsection 7b7 and inserting the following3 7b7 ,cost sharing 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,federal share of the cost of any activity carried out using a grant under this section shall not exceed #ge percent of the total cost of the activity4 7#b7 ,public target range construction or expansion ,the ,federal share of the cost of acquiring land for1 expanding1 or constructing a public target range in a ,state on ,federal or non-,federal land pursuant to this section or section #h7;b7 shall not exceed #ij percent of the cost of the activity4 2 and 7,c7 in subsection 7c77#a7-- 7i7 by striking ,amounts made and inserting the following3 7,a7 ,in general ,except as provided in subparagraph 7,b71 amounts made 2 and 7ii7 by adding at the end the following3 7,b7 ,exception ,amounts provided for acquiring land for1 constructing1 or expanding a public target range shall remain available for expenditure and obligation during the #e-;fiscal-year period beginning on ,october #a of the first fiscal year for which the amounts are made available4 4 7d7 ,sense of congress regarding cooperation ,it is the sense of ,congress that1 consistent with applicable laws 7including regulations71 the ,chief of the ,forest ,service and the ,director of the ,bureau of ,land ,management should cooperate with ,state and local authorities and other entities to carry out waste removal and other activities on any ,federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training4 #d4 ,permits for importation of polar bear trophies taken in sport hunts in ,canada ,section #ajd7;c77#e77;,d7 of the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #acgd7;c77#e77;,d77 is amended to read as follows3 7,d7 7i7 ,the ,secretary of the ,interior shall1 expeditiously after the expiration of the applicable #cj-;day period under subsection 7d77#b71 issue a permit for the importation of any polar bear part 7other than an internal organ7 from a polar bear taken in a sport hunt in ,canada to any person-- 7,i7 who submits1 with the permit application1 proof that the polar bear was legally harvested by the person before ,february #ah1 #aiig2 or 7,,ii7 who has submitted1 in support of a permit application submitted before ,may #ae1 #bjjh1 proof that the polar bear was legally harvested by the person before ,may #ae1 #bjjh1 from a polar bear population from which a sport-hunted trophy could be imported before that date in accordance with section #ah4cj7;i7 of title #ej1 ,code of ,federal ,regulations4 7ii7 ,the ,secretary shall issue permits under clause 7i77,i7 without regard to subparagraphs 7,a7 and 7,c77ii7 of this paragraph1 subsection 7d77#c71 and sections #aja and #ajb4 ,sections #aja7;a77#c77;,b7 and #ajb7;b77#c7 shall not apply to the importation of any polar bear part authorized by a permit issued under clause 7i77,i74 ,this clause shall not apply to polar bear parts that were imported before ,june #ab1 #aiig4 7iii7 ,the ,secretary shall issue permits under clause 7i77,,ii7 without regard to subparagraph 7,c77ii7 of this paragraph or subsection 7d77#c74 ,sections #aja7;a77#c77;,b7 and #ajb7;b77#c7 shall not apply to the importation of any polar bear part authorized by a permit issued under clause 7i77,,ii74 ,this clause shall not apply to polar bear parts that were imported before the date of enactment of the ,bipartisan ,sportsmen's ,act of #bjaf4 4 #e4 ,baiting of migratory game birds ,section #c of the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjd7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,prohibition of baiting 7#a7 ,definitions ,in this subsection3 7,a7 ,baited area 7i7 ,in general ,the term baited area means-- 7,i7 any area on which salt1 grain1 or other feed has been placed1 exposed1 deposited1 distributed1 or scattered1 if the salt1 grain1 or feed could lure or attract migratory game birds2 and 7,,ii7 in the case of waterfowl1 cranes 7family ,gruidae71 and coots 7family ,rallidae71 a standing1 unharvested crop that has been manipulated through activities such as mowing1 discing1 or rolling1 unless the activities are normal agricultural practices4 7ii7 ,exclusions ,an area shall not be considered to be a baited area if the area-- 7,i7 has been treated with a normal agricultural practice2 7,,ii7 has standing crops that have not been manipulated2 or 7,,iii7 has standing crops that have been or are flooded4 7,b7 ,baiting ,the term baiting means the direct or indirect placing1 exposing1 depositing1 distributing1 or scattering of salt1 grain1 or other feed that could lure or attract migratory game birds to1 on1 or over any areas on which a hunter is attempting to take migratory game birds4 7,c7 ,migratory game bird ,the term migratory game bird means migratory bird species-- 7i7 that are within the taxonomic families of ,anatidae1 ,columbidae1 ,gruidae1 ,rallidae1 and ,scolopacidae2 and 7ii7 for which open seasons are prescribed by the ,secretary of the ,interior4 7,d7 ,normal agricultural practice 7i7 ,in general ,the term normal agricultural practice means any practice in #a annual growing season that-- 7,i7 is carried out in order to produce a marketable crop1 including planting1 harvest1 post-harvest1 or soil conservation practices2 and 7,,ii7 is recommended for the successful harvest of a given crop by the applicable ,state office of the ,cooperative ,extension ,system of the ,department of ,agriculture1 in consultation with1 and if requested1 the concurrence of1 the head of the applicable ,state department of fish and wildlife4 7ii7 ,inclusions 7,i7 ,in general ,subject to subclause 7,,ii71 the term normal agricultural practice includes the destruction of a crop in accordance with practices required by the ,federal ,crop ,insurance ,corporation for agricultural producers to obtain crop insurance under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq47 on land on which a crop during the current or immediately preceding crop year was not harvestable due to a natural disaster 7including any hurricane1 storm1 tornado1 flood1 high water1 wind-driven water1 tidal wave1 tsunami1 earthquake1 volcanic eruption1 landslide1 mudslide1 drought1 fire1 snowstorm1 or other catastrophe that is declared a major disaster by the ,president in accordance with section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj774 7,,ii7 ,limitations ,the term normal agricultural practice only includes a crop described in subclause 7,i7 that has been destroyed or manipulated through activities that include 7but are not limited to7 mowing1 discing1 or rolling if the ,federal ,crop ,insurance ,corporation certifies that flooding was not an acceptable method of destruction to obtain crop insurance under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq474 7,e7 ,waterfowl ,the term waterfowl means native species of the family ,anatidae4 7#b7 ,prohibition ,it shall be unlawful for any person-- 7,a7 to take any migratory game bird by baiting or on or over any baited area1 if the person knows or reasonably should know that the area is a baited area2 or 7,b7 to place or direct the placement of bait on or adjacent to an area for the purpose of causing1 inducing1 or allowing any person to take or attempt to take any migratory game bird by baiting or on or over the baited area4 7#c7 ,regulations ,the ,secretary of the ,interior may promulgate regulations to implement this subsection4 7#d7 ,reports ,annually1 the ,secretary of ,agriculture shall submit to the ,secretary of the ,interior a report that describes any changes to normal agricultural practices across the range of crops grown by agricultural producers in each region of the ,united ,states in which the recommendations are provided to agricultural producers4 4 #f4 ,protecting the right of individuals to bear arms at water resources development projects ,the ,secretary of the ,army shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm1 including an assembled or functional firearm1 in any area open to the public 7other than a ,federal facility as defined in section #icj7;g7 of title #ah1 ,united ,states ,code7 at a water resources development project covered under section #cbg4j of title #cf1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 if-- 7#a7 the individual is not otherwise prohibited by law from possessing the firearm2 and 7#b7 the possession of the firearm is in compliance with the law of the ,state in which the water resources development project is located4 #g4 ,north ,american ,wetlands ,conservation ,act 7a7 ,real property ,section #f7;a77#c7 of the ,north ,american ,wetlands ,conservation ,act 7#af ,u4,s4,c4 #ddje7;a77#c77 is amended-- 7#a7 by striking 7#c7 in lieu of and inserting the following3 7#c7 ,provision of funds or conveyance of real property interest 7,a7 ,in general ,in lieu of 2 7#b7 in the second sentence1 by striking ,the ,secretary shall and inserting the following3 7,b7 ,determination ,the ,secretary shall 2 and 7#c7 by striking the third sentence and inserting the following3 7,c7 ,real property ,any real property interest conveyed under this paragraph shall be subject to terms and conditions that ensure that-- 7i7 the real property interest will be administered for the long-term conservation and management of the wetland ecosystem and the fish and wildlife dependent on that ecosystem2 7ii7 the grantor of a real property interest has been provided with information relating to all available conservation options1 including conservation options that involve the conveyance of a real property interest for a limited period of time2 and 7iii7 the provision of the information described in clause 7ii7 has been documented4 4 7b7 ,authorization of appropriations ,section #g7;c7 of the ,north ,american ,wetlands ,conservation ,act 7#af ,u4,s4,c4 #ddjf7;c77 is amended-- 7#a7 in paragraph 7#d71 by striking and2 7#b7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#f7 #ej1jjj1jjj for each of fiscal years #bjaf through #bjba4 4 #h4 ,multinational ,species ,conservation ,funds ,reauthorization 7a7 ,reauthorization of ,african ,elephant ,conservation ,act ,section #bcjf7;a7 of the ,african ,elephant ,conservation ,act 7#af ,u4,s4,c4 #dbde7;a77 is amended by striking #bjjg through #bjab and inserting #bjaf through #bjbj4 7b7 ,reauthorization of ,rhinoceros and ,tiger ,conservation ,act of #aiid ,section #aj7;a7 of the ,rhinoceros and ,tiger ,conservation ,act of #aiid 7#af ,u4,s4,c4 #ecjf7;a77 is amended by striking #bjjg through #bjab and inserting #bjaf through #bjbj4 7c7 ,reauthorization of ,asian ,elephant ,conservation ,act of #aiig ,section #h7;a7 of the ,asian ,elephant ,conservation ,act of #aiig 7#af ,u4,s4,c4 #dbff7;a77 is amended by striking #bjjg through #bjab and inserting #bjaf through #bjbj4 7d7 ,amendment and reauthorization of ,great ,ape ,conservation ,act of #bjjj ,the ,great ,ape ,conservation ,act of #bjjj is amended as follows3 7#a7 ,multiyear grants ,in section #d 7#af ,u4,s4,c4 #fcjc71 by adding at the end the following new subsections3 7j7 ,multiyear grants 7#a7 ,in general ,the ,secretary may award a multiyear grant under this section to a person who is otherwise eligible for a grant under this section1 to carry out a project that the person demonstrates is an effective1 long-term conservation strategy for great apes and their habitats4 7#b7 ,annual grants not affected ,this subsection shall not be construed as precluding the ,secretary from awarding grants on an annual basis4 4 7#b7 ,panel of experts ,in section #d7;i7 7#af ,u4,s4,c4 #fcjc7;i77-- 7,a7 in paragraph 7#a71 by-- 7i7 striking ,every #b years and inserting ,within one year after the date of the enactment of the ,bipartisan ,sportsmen's ,act of #bjaf1 and every #e years thereafter2 7ii7 striking may convene and inserting shall convene2 7iii7 inserting and priorities after needs2 and 7iv7 adding at the end the following new sentence3 ,the panel shall1 to the extent practicable1 include representatives from foreign range states with expertise in great ape conservation42 and 7,b7 by redesignating paragraph 7#b7 as paragraph 7#d71 and inserting after paragraph 7#a7 the following new paragraphs3 7#b7 ,in identifying conservation needs and priorities under paragraph 7#a71 the panel shall consider relevant great ape conservation plans or strategies including scientific research and findings related to-- 7,a7 the conservation needs and priorities of great apes2 7,b7 regional or species-specific action plans or strategies2 7,c7 applicable strategies developed or initiated by the ,secretary2 and 7,d7 any other applicable conservation plan or strategy4 7#c7 ,the ,secretary1 subject to the availability of appropriations1 may pay expenses of convening and facilitating meetings of the panel4 4 7#c7 ,administrative expenses limitation ,in section #e7;b77#b7 7#af ,u4,s4,c4 #fcjd7;b77#b771 by striking #ajj1jjj and inserting #aej1jjj4 7#d7 ,authorization of appropriations ,in section #f 7#af ,u4,s4,c4 #fcje71 by striking #bjjf through #bjaj and inserting #bjaf through #bjbj4 7e7 ,amendment and reauthorization of ,marine ,turtle ,conservation ,act of #bjjd 7#a7 ,in general ,the ,marine ,turtle ,conservation ,act of #bjjd is amended-- 7,a7 in sections #b7;b7 and #c7b7 7#af ,u4,s4,c4 #ffja7;b71 #ffjb7b771 by inserting and territories of the ,united ,states after foreign countries each place it occurs2 7,b7 in section #c 7#af ,u4,s4,c4 #ffjb7 by adding at the end the following3 7#g7 ,territory of the ,united ,states ,the term territory of the ,united ,states means each of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and any other territory or possession of the ,united ,states4 2 and 7,c7 in section #d 7#af ,u4,s4,c4 #ffjc7-- 7i7 in subsection 7b77#a77;,a71 by inserting or territory of the ,united ,states after foreign country2 and 7ii7 in subsection 7d7 by inserting and territories of the ,united ,states after foreign countries4 7#b7 ,administrative expenses limitation ,section #e7;b77#b7 of the ,marine ,turtle ,conservation ,act of #bjjd 7#af ,u4,s4,c4 #ffjd7;b77#b77 is amended by striking #hj1jjj and inserting #aej1jjj4 7#c7 ,reauthorization ,section #g of the ,marine ,turtle ,conservation ,act of #bjjd 7#af ,u4,s4,c4 #ffjf7 is amended by striking each of fiscal years #bjje through #bjji and inserting each of fiscal years #bjaf through #bjbj4 #i4 ,reauthorization of ,neotropical ,migratory ,bird ,conservation ,act ,section #aj of the ,neotropical ,migratory ,bird ,conservation ,act 7#af ,u4,s4,c4 #faji7 is amended to read as follows3 #aj4 ,authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated to carry out this ,act #f1ejj1jjj for each of fiscal years #bjae through #bjbj4 7b7 ,use of funds ,of the amounts made available under subsection 7a7 for each fiscal year1 not less than #ge percent shall be expended for projects carried out at a location outside of the ,united ,states4 4 #aj4 ,challenge cost-sharing program for management of recreation facilities ,section #bbe of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #bcbh7 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,user fees 7#a7 ,collection of fees 7,a7 ,in general ,the ,secretary may allow a non-,federal public or private entity that has entered into an agreement pursuant to subsection 7b7 to collect user fees for the use of developed recreation sites and facilities1 whether developed or constructed by that entity or the ,department of the ,army4 7,b7 ,use of visitor reservation services ,a public or private entity described in subparagraph 7,a7 may use to manage fee collections and reservations under this section any visitor reservation service that the ,secretary has provided for by contract or interagency agreement1 subject to such terms and conditions as the ,secretary determines to be appropriate4 7#b7 ,use of fees ,a non-,federal public or private entity that collects user fees under paragraph 7#a7 may-- 7,a7 retain up to #ajj percent of the fees collected1 as determined by the ,secretary2 and 7,b7 notwithstanding section #baj7;b77#d7 of the ,flood ,control ,act of #aifh 7#af ,u4,s4,c4 #dfj;d-#c7;b77#d771 use that amount for operation1 maintenance1 and management at the recreation site at which the fee is collected4 7#c7 ,terms and conditions ,the authority of a non-,federal public or private entity under this subsection shall be subject to such terms and conditions as the ,secretary determines necessary to protect the interests of the ,united ,states4 4 #aa4 ,national ,fish and ,wildlife ,foundation ,establishment ,act 7a7 ,board of directors of the ,foundation 7#a7 ,in general ,section #c of the ,national ,fish and ,wildlife ,foundation ,establishment ,act 7#af ,u4,s4,c4 #cgjb7 is amended-- 7,a7 in subsection 7b7-- 7i7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,in general ,after consulting with the ,secretary of ,commerce and considering the recommendations submitted by the ,board1 the ,secretary of the ,interior shall appoint #bh ,directors who1 to the maximum extent practicable1 shall-- 7,a7 be knowledgeable and experienced in matters relating to the conservation of fish1 wildlife1 or other natural resources2 and 7,b7 represent a balance of expertise in ocean1 coastal1 freshwater1 and terrestrial resource conservation4 2 and 7ii7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,terms ,each ,director 7other than a ,director described in paragraph 7#a77 shall be appointed for a term of #f years4 2 and 7,b7 in subsection 7g77#b7-- 7i7 in subparagraph 7,a71 by striking 7,a7 ,officers and employees may not be appointed until the ,foundation has sufficient funds to pay them for their service4 ,officers and inserting the following3 7,a7 ,in general ,officers 2 and 7ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,executive ,director ,the ,foundation shall have an ,executive ,director who shall be-- 7i7 appointed by1 and serve at the direction of1 the ,board as the chief executive officer of the ,foundation2 and 7ii7 knowledgeable and experienced in matters relating to fish and wildlife conservation4 4 7#b7 ,conforming amendment ,section #d7;a77#a77;,b7 of the ,north ,american ,wetlands ,conservation ,act 7#af ,u4,s4,c4 #ddjc7;a77#a77;,b77 is amended by striking ,secretary of the ,board and inserting ,executive ,director of the ,board4 7b7 ,rights and obligations of the ,foundation ,section #d of the ,national ,fish and ,wildlife ,foundation ,establishment ,act 7#af ,u4,s4,c4 #cgjc7 is amended-- 7#a7 in subsection 7c7-- 7,a7 by striking 7c7 ,powers4--,to carry out its purposes under and inserting the following3 7c7 ,powers 7#a7 ,in general ,to carry out the purposes described in 2 7,b7 by redesignating paragraphs 7#a7 through 7#aa7 as subparagraphs 7,a7 through 7,k71 respectively1 and indenting appropriately2 7,c7 in subparagraph 7,d7 7as redesignated by subparagraph 7,b771 by striking that are insured by an agency or instrumentality of the ,united ,states and inserting at #a or more financial institutions that are members of the ,federal ,deposit ,insurance ,corporation or the ,securities ,investment ,protection ,corporation2 7,d7 in subparagraph 7,e7 7as redesignated by subparagraph 7,b771 by striking paragraph 7#c7 or 7#d7 and inserting subparagraph 7,c7 or 7,d72 7,e7 in subparagraph 7,j7 7as redesignated by subparagraph 7,b771 by striking 2 and and inserting a semicolon2 7,f7 by striking subparagraph 7,k7 7as redesignated by subparagraph 7,b77 and inserting the following3 7,k7 to receive and administer restitution and community service payments1 amounts for mitigation of impacts to natural resources1 and other amounts arising from legal1 regulatory1 or administrative proceedings1 subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish1 wildlife1 plants1 and other natural resources2 and 7,l7 to do acts necessary to carry out the purposes of the ,foundation4 2 and 7,g7 by striking the undesignated matter at the end and inserting the following3 7#b7 ,treatment of real property 7,a7 ,in general ,for purposes of this ,act1 an interest in real property shall be treated as including easements or other rights for preservation1 conservation1 protection1 or enhancement by and for the public of natural1 scenic1 historic1 scientific1 educational1 inspirational1 or recreational resources4 7,b7 ,encumbered real property ,a gift1 devise1 or bequest may be accepted by the ,foundation even though the gift1 devise1 or bequest is encumbered1 restricted1 or subject to beneficial interests of private persons if any current or future interest in the gift1 devise1 or bequest is for the benefit of the ,foundation4 7#c7 ,savings clause ,the acceptance and administration of amounts by the ,foundation under paragraph 7#a77,k7 does not alter1 supersede1 or limit any regulatory or statutory requirement associated with those amounts4 2 7#b7 by striking subsections 7f7 and 7g72 and 7#c7 by redesignating subsections 7h7 and 7i7 as subsections 7f7 and 7g71 respectively4 7c7 ,authorization of appropriations ,section #aj of the ,national ,fish and ,wildlife ,foundation ,establishment ,act 7#af ,u4,s4,c4 #cgji7 is amended-- 7#a7 in subsection 7a71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,there are authorized to be appropriated to carry out this ,act for each of fiscal years #bjae through #bjbj-- 7,a7 #ae1jjj1jjj to the ,secretary of the ,interior2 7,b7 #e1jjj1jjj to the ,secretary of ,agriculture2 and 7,c7 #e1jjj1jjj to the ,secretary of ,commerce4 2 7#b7 in subsection 7b7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,amounts from ,federal agencies 7,a7 ,in general ,in addition to the amounts authorized to be appropriated under subsection 7a71 ,federal departments1 agencies1 or instrumentalities may provide ,federal funds to the ,foundation1 subject to the condition that the amounts are used for purposes that further the conservation and management of fish1 wildlife1 plants1 and other natural resources in accordance with this ,act4 7,b7 ,advances ,federal departments1 agencies1 or instrumentalities may advance amounts described in subparagraph 7,a7 to the ,foundation in a lump sum without regard to when the expenses for which the amounts are used are incurred4 7,c7 ,management fees ,the ,foundation may assess and collect fees for the management of amounts received under this paragraph4 2 7,b7 in paragraph 7#b7-- 7i7 in the paragraph heading1 by striking funds and inserting amounts2 7ii7 by striking shall be used and inserting may be used2 and 7iii7 by striking and ,state and local government agencies and inserting 1 ,state and local government agencies1 and other entities2 and 7,c7 by adding at the end the following3 7#c7 ,administration of amounts 7,a7 ,in general ,in entering into contracts1 agreements1 or other partnerships pursuant to this ,act1 a ,federal department1 agency1 or instrumentality shall have discretion to waive any competitive process applicable to the department1 agency1 or instrumentality for entering into contracts1 agreements1 or partnerships with the ,foundation if the purpose of the waiver is-- 7i7 to address an environmental emergency resulting from a natural or other disaster2 or 7ii7 as determined by the head of the applicable ,federal department1 agency1 or instrumentality1 to reduce administrative expenses and expedite the conservation and management of fish1 wildlife1 plants1 and other natural resources4 7,b7 ,reports ,the ,foundation shall include in the annual report submitted under section #g7;b7 a description of any use of the authority under subparagraph 7,a7 by a ,federal department1 agency1 or instrumentality in that fiscal year4 2 and 7#c7 by adding at the end the following3 7d7 ,use of gifts1 devises1 or bequests of money or other property ,any gifts1 devises1 or bequests of amounts or other property1 or any other amounts or other property1 transferred to1 deposited with1 or otherwise in the possession of the ,foundation pursuant to this ,act1 may be made available by the ,foundation to ,federal departments1 agencies1 or instrumentalities and may be accepted and expended 7or the disposition of the amounts or property directed71 without further appropriation1 by those ,federal departments1 agencies1 or instrumentalities1 subject to the condition that the amounts or property be used for purposes that further the conservation and management of fish1 wildlife1 plants1 and other natural resources4 4 7d7 ,limitation on authority ,section #aa of the ,national ,fish and ,wildlife ,foundation ,establishment ,act 7#af ,u4,s4,c4 #cgaj7 is amended by inserting exclusive before authority4 #ab4 ,use of authorized pesticides2 discharges of pesticides2 report 7a7 ,use of authorized pesticides ,section #c7;f7 of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf;a7f77 is amended by adding at the end the following3 7#e7 ,use of authorized pesticides ,except as provided in section #djb7s7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb71 the ,administrator or a ,state shall not require a permit under that ,act for a discharge from a point source into navigable waters of-- 7,a7 a pesticide authorized for sale1 distribution1 or use under this ,act2 or 7,b7 the residue of the pesticide1 resulting from the application of the pesticide4 4 7b7 ,discharges of pesticides ,section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7 is amended by adding at the end the following3 7s7 ,discharges of pesticides 7#a7 ,no permit requirement ,except as provided in paragraph 7#b71 a permit shall not be required by the ,administrator or a ,state under this ,act for a discharge from a point source into navigable waters of-- 7,a7 a pesticide authorized for sale1 distribution1 or use under the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf et seq472 or 7,b7 the residue of the pesticide1 resulting from the application of the pesticide4 7#b7 ,exceptions ,paragraph 7#a7 shall not apply to the following discharges of a pesticide or pesticide residue3 7,a7 ,a discharge resulting from the application of a pesticide in violation of a provision of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf et seq47 relevant to protecting water quality if-- 7i7 the discharge would not have occurred without the violation2 or 7ii7 the amount of pesticide or pesticide residue in the discharge is greater than would have occurred without the violation4 7,b7 ,stormwater discharges subject to regulation under subsection 7p74 7,c7 ,the following discharges subject to regulation under this section3 7i7 ,manufacturing or industrial effluent4 7ii7 ,treatment works effluent4 7iii7 ,discharges incidental to the normal operation of a vessel1 including a discharge resulting from ballasting operations or vessel biofouling prevention4 4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,administrator of the ,environmental ,protection ,agency1 in consultation with the ,secretary of ,agriculture1 shall submit a report to the ,committee on ,environment and ,public ,works and the ,committee on ,agriculture of the ,senate and the ,committee on ,transportation and ,infrastructure and the ,committee on ,agriculture of the ,house of ,representatives that includes-- 7#a7 the status of intra-agency coordination between the ,office of ,water and the ,office of ,pesticide ,programs of the ,environmental ,protection ,agency regarding streamlining information collection1 standards of review1 and data use relating to water quality impacts from the registration and use of pesticides2 7#b7 an analysis of the effectiveness of current regulatory actions relating to pesticide registration and use aimed at protecting water quality2 and 7#c7 any recommendations on how the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf et seq47 can be modified to better protect water quality and human health4 #ac4 ,seaward boundaries 7a7 ,in general ,section #d of the ,submerged ,lands ,act 7#dc ,u4,s4,c4 #acab7 is amended-- 7#a7 in the first sentence1 by striking ,the and inserting the following3 7a7 ,general rule 7#a7 ,in general ,except for the ,states described in subsection 7b71 the 2 7#b7 in the second sentence1 by striking ,any ,state and inserting the following3 7#b7 ,extensions ,any ,state 2 7#c7 in the third sentence1 by striking ,any claim and inserting the following3 7#c7 ,claims ,any claim 2 7#d7 in the fourth sentence1 by striking ,nothing and inserting the following3 7#d7 ,prior approval ,nothing 2 and 7#e7 by adding at the end the following3 7b7 ,seaward boundaries of certain coastal ,states ,subject to subsection 7a71 for management activities pursuant to the fishery management plan for the reef fish resources of the ,gulf of ,mexico or any amendment to such plan1 the seaward boundary of each of the following ,states shall be a line #c marine leagues distant from the coast line of the ,state as of the date that is #a day before the date of enactment of this subsection3 7#a7 ,alabama4 7#b7 ,florida4 7#c7 ,louisiana4 7#d7 ,mississippi4 4 7b7 ,conforming amendments ,section #b of the ,submerged ,lands ,act 7#dc ,u4,s4,c4 #acja7 is amended-- 7#a7 in subsection 7a77#b71 by inserting 1 or #c marine leagues distant from the coast line of a ,state described in section #d7;b71 after the coast line of each such ,state2 and 7#b7 in subsection 7b7-- 7,a7 by striking from the coast line2 7,b7 by inserting from the coast line of a ,state1 or more than #c marine leagues from the coast line of a ,state described in section #d7;b71 after three geographical miles2 and 7,c7 by inserting from the coast line of a ,state1 or more than #c marine leagues from the coast line of a ,state described in section #d7;b71 after three marine leagues4 #ad4 ,reissuance of final rule regarding gray wolves in the ,western ,great ,lakes ,before the end of the #fj-;day period beginning on the date of enactment of this ,act1 the ,secretary of the ,interior shall reissue the final rule published on ,december #bh1 #bjaa 7#gf ,fed4 ,reg4 #hafff71 without regard to any other provision of statute or regulation that applies to issuance of such rule4 ,such reissuance shall not be subject to judicial review4 #ae4 ,reissuance of final rule regarding gray wolves in ,wyoming ,before the end of the #fj-;day period beginning on the date of enactment of this ,act1 the ,secretary of the ,interior shall reissue the final rule published on ,september #aj1 #bjab 7#gg ,fed4 ,reg4 #eeecj71 without regard to any other provision of statute or regulation that applies to issuance of such rule4 ,such reissuance shall not be subject to judicial review4 #af4 ,prohibition on issuance of final rule ,the ,director of the ,united ,states ,fish and ,wildlife ,service shall not issue a final rule that-- 7#a7 succeeds the proposed rule entitled ,non-,subsistence ,take of ,wildlife1 and ,public ,participation and ,closure ,procedures1 on ,national ,wildlife ,refuges in ,alaska 7#ha ,fed4 ,reg4 #hhg 7,january #h1 #bjaf772 or 7#b7 is substantially similar to that proposed rule4 #ag4 ,national fish habitat conservation 7a7 ,short title ,this section may be cited as the ,national ,fish ,habitat ,conservation ,through ,partnerships ,act4 7b7 ,purpose ,the purpose of this section is to encourage partnerships among public agencies and other interested parties to promote fish conservation-- 7#a7 to achieve measurable habitat conservation results through strategic actions of ,fish ,habitat ,partnerships that lead to better fish habitat conditions and increased fishing opportunities by-- 7,a7 improving ecological conditions2 7,b7 restoring natural processes2 or 7,c7 preventing the decline of intact and healthy systems2 7#b7 to establish a consensus set of national conservation strategies as a framework to guide future actions and investment by ,fish ,habitat ,partnerships2 7#c7 to broaden the community of support for fish habitat conservation by-- 7,a7 increasing fishing opportunities2 7,b7 fostering the participation of local communities1 especially young people in local communities1 in conservation activities2 and 7,c7 raising public awareness of the role healthy fish habitat play in the quality of life and economic well-being of local communities2 7#d7 to fill gaps in the ,national ,fish ,habitat ,assessment and the associated database of the ,national ,fish ,habitat ,assessment-- 7,a7 to empower strategic conservation actions supported by broadly available scientific information2 and 7,b7 to integrate socioeconomic data in the analysis to improve the lives of humans in a manner consistent with fish habitat conservation goals2 and 7#e7 to communicate to the public and conservation partners-- 7,a7 the conservation outcomes produced collectively by ,fish ,habitat ,partnerships2 and 7,b7 new opportunities and voluntary approaches for conserving fish habitat4 7c7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,environment and ,public ,works of the ,senate2 and 7,b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7#b7 ,board ,the term ,board means the ,national ,fish ,habitat ,board established by subsection 7d77#a77;,a74 7#c7 ,director ,the term ,director means the ,director of the ,united ,states ,fish and ,wildlife ,service4 7#d7 ,epa assistant administrator ,the term ,,epa ,assistant ,administrator means the ,assistant ,administrator for ,water of the ,environmental ,protection ,agency4 7#e7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#f7 ,,noaa ,assistant ,administrator ,the term ,,noaa ,assistant ,administrator means the ,assistant ,administrator for ,fisheries of the ,national ,oceanic and ,atmospheric ,administration4 7#g7 ,partnership ,the term ,partnership means a self-governed entity designated by the ,board as a ,fish ,habitat ,conservation ,partnership pursuant to subsection 7e77#a7 4 7#h7 ,real property interest ,the term real property interest means an ownership interest in-- 7,a7 land2 or 7,b7 water 7including water rights74 7#i7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#aj7 ,state ,the term ,state means each of the several ,states4 7#aa7 ,state agency ,the term ,state agency means-- 7,a7 the fish and wildlife agency of a ,state2 and 7,b7 any department or division of a department or agency of a ,state that manages in the public trust the inland or marine fishery resources or sustains the habitat for those fishery resources of the ,state pursuant to ,state law or the constitution of the ,state4 7d7 ,national ,fish ,habitat ,board 7#a7 ,establishment 7,a7 ,fish ,habitat ,board ,there is established a board1 to be known as the ,national ,fish ,habitat ,board1 whose duties are-- 7i7 to promote1 oversee1 and coordinate the implementation of this section2 7ii7 to establish national goals and priorities for fish habitat conservation2 7iii7 to approve ,partnerships2 and 7iv7 to review and make recommendations regarding fish habitat conservation projects4 7,b7 ,membership ,the ,board shall be composed of #be members1 of whom-- 7i7 #a shall be a representative of the ,department of the ,interior2 7ii7 #a shall be a representative of the ,united ,states ,geological ,survey2 7iii7 #a shall be a representative of the ,department of ,commerce2 7iv7 #a shall be a representative of the ,department of ,agriculture2 7v7 #a shall be a representative of the ,association of ,fish and ,wildlife ,agencies2 7vi7 #d shall be representatives of ,state agencies1 #a of whom shall be nominated by a regional association of fish and wildlife agencies from each of the ,northeast1 ,southeast1 ,midwest1 and ,western regions of the ,united ,states2 7vii7 #a shall be a representative of either-- 7,i7 ,indian tribes in the ,state of ,alaska2 or 7,,ii7 ,indian tribes in ,states other than the ,state of ,alaska2 7viii7 #a shall be a representative of either-- 7,i7 the ,regional ,fishery ,management ,councils established under section #cjb of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb72 or 7,,ii7 a representative of the ,marine ,fisheries ,commissions1 which is composed of-- 7aa7 the ,atlantic ,states ,marine ,fisheries ,commission2 7bb7 the ,gulf ,states ,marine ,fisheries ,commission2 and 7cc7 the ,pacific ,states ,marine ,fisheries ,commission2 7ix7 #a shall be a representative of the ,sportfishing and ,boating ,partnership ,council2 7x7 #g shall be representatives selected from each of-- 7,i7 the recreational sportfishing industry2 7,,ii7 the commercial fishing industry2 7,,iii7 marine recreational anglers2 7,,iv7 freshwater recreational anglers2 7,v7 habitat conservation organizations2 and 7,,vi7 science-based fishery organizations2 7xi7 #a shall be a representative of a national private landowner organization2 7xii7 #a shall be a representative of an agricultural production organization2 7xiii7 #a shall be a representative of local government interests involved in fish habitat restoration2 7xiv7 #b shall be representatives from different sectors of corporate industries1 which may include-- 7,i7 natural resource commodity interests1 such as petroleum or mineral extraction2 7,,ii7 natural resource user industries2 and 7,,iii7 industries with an interest in fish and fish habitat conservation2 and 7xv7 #a shall be a leadership private sector or landowner representative of an active partnership4 7,c7 ,compensation ,a member of the ,board shall serve without compensation4 7,d7 ,travel expenses ,a member of the ,board may be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for an employee of an agency under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from the home or regular place of business of the member in the performance of the duties of the ,board4 7#b7 ,appointment and terms 7,a7 ,in general ,except as otherwise provided in this subsection1 a member of the ,board described in any of clauses 7vi7 through 7xiv7 of paragraph 7#a77;,b7 shall serve for a term of #c years4 7,b7 ,initial ,board membership 7i7 ,in general ,the initial ,board will consist of representatives as described in clauses 7i7 through 7vi7 of paragraph 7#a77;,b74 7ii7 ,remaining members ,not later than #fj days after the date of enactment of this ,act1 the representatives of the initial ,board pursuant to clause 7i7 shall appoint the remaining members of the ,board described in clauses 7viii7 through 7xiv7 of paragraph 7#a77;,b74 7iii7 ,tribal representatives ,not later than #fj days after the enactment of this ,act1 the ,secretary shall provide to the ,board a recommendation of not fewer than #c tribal representatives1 from which the ,board shall appoint #a representative pursuant to clause 7vii7 of paragraph 7#a77;,b74 7,c7 ,transitional terms ,of the members described in paragraph 7#a77;,b77x7 initially appointed to the ,board-- 7i7 #b shall be appointed for a term of #a year2 7ii7 #b shall be appointed for a term of #b years2 and 7iii7 #c shall be appointed for a term of #c years4 7,d7 ,vacancies 7i7 ,in general ,a vacancy of a member of the ,board described in any of clauses 7viii7 through 7xiv7 of paragraph 7#a77;,b7 shall be filled by an appointment made by the remaining members of the ,board4 7ii7 ,tribal representatives ,following a vacancy of a member of the ,board described in clause 7vii7 of paragraph 7#a77;,b71 the ,secretary shall recommend to the ,board a list of not fewer than #c tribal representatives1 from which the remaining members of the ,board shall appoint a representative to fill the vacancy4 7,e7 ,continuation of service ,an individual whose term of service as a member of the ,board expires may continue to serve on the ,board until a successor is appointed4 7,f7 ,removal ,if a member of the ,board described in any of clauses 7viii7 through 7xiv7 of paragraph 7#a77;,b7 misses #c consecutive regularly scheduled ,board meetings1 the members of the ,board may-- 7i7 vote to remove that member2 and 7ii7 appoint another individual in accordance with subparagraph 7,d74 7#c7 ,chairperson 7,a7 ,in general ,the representative of the ,association of ,fish and ,wildlife ,agencies appointed pursuant to paragraph 7#a77;,b77v7 shall serve as ,chairperson of the ,board4 7,b7 ,term ,the ,chairperson of the ,board shall serve for a term of #c years4 7#d7 ,meetings 7,a7 ,in general ,the ,board shall meet-- 7i7 at the call of the ,chairperson2 but 7ii7 not less frequently than twice each calendar year4 7,b7 ,public access ,all meetings of the ,board shall be open to the public4 7#e7 ,procedures 7,a7 ,in general ,the ,board shall establish procedures to carry out the business of the ,board1 including-- 7i7 a requirement that a quorum of the members of the ,board be present to transact business2 7ii7 a requirement that no recommendations may be adopted by the ,board1 except by the vote of #b_/c of all members2 7iii7 procedures for establishing national goals and priorities for fish habitat conservation for the purposes of this section2 7iv7 procedures for designating ,partnerships under subsection 7e72 and 7v7 procedures for reviewing1 evaluating1 and making recommendations regarding fish habitat conservation projects4 7,b7 ,quorum ,a majority of the members of the ,board shall constitute a quorum4 7e7 ,fish ,habitat ,partnerships 7#a7 ,authority to approve ,the ,board may approve and designate ,fish ,habitat ,partnerships in accordance with this subsection4 7#b7 ,purposes ,the purposes of a ,partnership shall be-- 7,a7 to work with other regional habitat conservation programs to promote cooperation and coordination to enhance fish and fish habitats2 7,b7 to engage local and regional communities to build support for fish habitat conservation2 7,c7 to involve diverse groups of public and private partners2 7,d7 to develop collaboratively a strategic vision and achievable implementation plan that is scientifically sound2 7,e7 to leverage funding from sources that support local and regional partnerships2 7,f7 to use adaptive management principles1 including evaluation of project success and functionality2 7,g7 to develop appropriate local or regional habitat evaluation and assessment measures and criteria that are compatible with national habitat condition measures2 and 7,h7 to implement local and regional priority projects that improve conditions for fish and fish habitat4 7#c7 ,criteria for approval ,an entity seeking to be designated as a ,partnership shall-- 7,a7 submit to the ,board an application at such time1 in such manner1 and containing such information as the ,board may reasonably require2 and 7,b7 demonstrate to the ,board that the entity has-- 7i7 a focus on promoting the health of important fish and fish habitats2 7ii7 an ability to coordinate the implementation of priority projects that support the goals and national priorities set by the ,board that are within the ,partnership boundary2 7iii7 a self-governance structure that supports the implementation of strategic priorities for fish habitat2 7iv7 the ability to develop local and regional relationships with a broad range of entities to further strategic priorities for fish and fish habitat2 7v7 a strategic plan that details required investments for fish habitat conservation that addresses the strategic fish habitat priorities of the ,partnership and supports and meets the strategic priorities of the ,board2 7vi7 the ability to develop and implement fish habitat conservation projects that address strategic priorities of the ,partnership and the ,board2 and 7vii7 the ability to develop fish habitat conservation priorities based on sound science and data1 the ability to measure the effectiveness of fish habitat projects of the ,partnership1 and a clear plan as to how ,partnership science and data components will be integrated with the overall ,board science and data effort4 7#d7 ,approval ,the ,board may approve an application for a ,partnership submitted under paragraph 7#c7 if the ,board determines that the applicant-- 7,a7 identifies representatives to provide support and technical assistance to the ,partnership from a diverse group of public and private partners1 which may include ,state or local governments1 nonprofit entities1 ,indian tribes1 and private individuals1 that are focused on conservation of fish habitats to achieve results across jurisdictional boundaries on public and private land2 7,b7 is organized to promote the health of important fish species and important fish habitats1 including reservoirs1 natural lakes1 coastal and marine environments1 and estuaries2 7,c7 identifies strategic fish and fish habitat priorities for the ,partnership area in the form of geographical focus areas or key stressors or impairments to facilitate strategic planning and decisionmaking2 7,d7 is able to address issues and priorities on a nationally significant scale2 7,e7 includes a governance structure that-- 7i7 reflects the range of all partners2 and 7ii7 promotes joint strategic planning and decisionmaking by the applicant2 7,f7 demonstrates completion of1 or significant progress toward the development of1 a strategic plan to address the decline in fish populations1 rather than simply treating symptoms1 in accordance with the goals and national priorities established by the ,board2 and 7,g7 promotes collaboration in developing a strategic vision and implementation program that is scientifically sound and achievable4 7f7 ,fish habitat conservation projects 7#a7 ,submission to ,board ,not later than ,march #ca of each calendar year1 each ,partnership shall submit to the ,board a list of priority fish habitat conservation projects recommended by the ,partnership for annual funding under this section4 7#b7 ,recommendations by ,board ,not later than ,july #a of each calendar year1 the ,board shall submit to the ,secretary a priority list of fish habitat conservation projects that includes the description1 including estimated costs1 of each project that the ,board recommends that the ,secretary approve and fund under this section for the following fiscal year4 7#c7 ,criteria for project selection ,the ,board shall select each fish habitat conservation project to be recommended to the ,secretary under paragraph 7#b7 after taking into consideration1 at a minimum1 the following information3 7,a7 ,a recommendation of the ,partnership that is1 or will be1 participating actively in implementing the fish habitat conservation project4 7,b7 ,the capabilities and experience of project proponents to implement successfully the proposed project4 7,c7 ,the extent to which the fish habitat conservation project -- 7i7 fulfills a local or regional priority that is directly linked to the strategic plan of the ,partnership and is consistent with the purpose of this section2 7ii7 addresses the national priorities established by the ,board2 7iii7 is supported by the findings of the ,habitat ,assessment of the ,partnership or the ,board1 and aligns or is compatible with other conservation plans2 7iv7 identifies appropriate monitoring and evaluation measures and criteria that are compatible with national measures2 7v7 provides a well-defined budget linked to deliverables and outcomes2 7vi7 leverages other funds to implement the project2 7vii7 addresses the causes and processes behind the decline of fish or fish habitats2 and 7viii7 includes an outreach or education component that includes the local or regional community4 7,d7 ,the availability of sufficient non-,federal funds to match ,federal contributions for the fish habitat conservation project1 as required by paragraph 7#e72 7,e7 ,the extent to which the local or regional fish habitat conservation project-- 7i7 will increase fish populations in a manner that leads to recreational fishing opportunities for the public2 7ii7 will be carried out through a cooperative agreement among ,federal1 ,state1 and local governments1 ,indian tribes1 and private entities2 7iii7 increases public access to land or water for fish and wildlife-dependent recreational opportunities2 7iv7 advances the conservation of fish and wildlife species that have been identified by the ,states as species of greatest conservation need2 7v7 where appropriate1 advances the conservation of fish and fish habitats under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47 and other relevant ,federal law and ,state wildlife action plans2 and 7vi7 promotes strong and healthy fish habitats so that desired biological communities are able to persist and adapt4 7,f7 ,the substantiality of the character and design of the fish habitat conservation project4 7#d7 ,limitations 7,a7 ,requirements for evaluation ,no fish habitat conservation project may be recommended by the ,board under paragraph 7#b7 or provided financial assistance under this section unless the fish habitat conservation project includes an evaluation plan designed using applicable ,board guidance-- 7i7 to appropriately assess the biological1 ecological1 or other results of the habitat protection1 restoration1 or enhancement activities carried out using the assistance2 7ii7 to reflect appropriate changes to the fish habitat conservation project if the assessment substantiates that the fish habitat conservation project objectives are not being met2 7iii7 to identify improvements to existing fish populations1 recreational fishing opportunities and the overall economic benefits for the local community of the fish habitat conservation project2 and 7iv7 to require the submission to the ,board of a report describing the findings of the assessment4 7,b7 ,acquisition authorities 7i7 ,in general ,a ,state1 local government1 or other non-,federal entity is eligible to receive funds for the acquisition of real property from willing sellers under this section if the acquisition ensures #a of-- 7,i7 public access for compatible fish and wildlife-dependent recreation2 or 7,,ii7 a scientifically based1 direct enhancement to the health of fish and fish populations1 as determined by the ,board4 7ii7 ,state agency approval 7,i7 ,in general ,all real property interest acquisition projects funded under this section are required to be approved by the ,state agency in the ,state in which the project is occurring4 7,,ii7 ,prohibition ,the ,board may not recommend1 and the ,secretary may not provide any funding for1 any real property interest acquisition that has not been approved by the ,state agency4 7iii7 ,assessment of other authorities ,the ,fish ,habitat ,partnership shall conduct a project assessment1 submitted with the funding request and approved by the ,board1 to demonstrate all other ,federal1 ,state1 and local authorities for the acquisition of real property have been exhausted4 7iv7 ,restrictions ,a real property interest may not be acquired pursuant to a fish habitat conservation project by a ,state1 local government1 or other non-,federal entity1 unless-- 7,i7 the owner of the real property authorizes the ,state1 local government1 or other non-,federal entity to acquire the real property2 and 7,,ii7 the ,secretary and the ,board determine that the ,state1 local government1 or other non-,federal entity would benefit from undertaking the management of the real property being acquired because that is in accordance with the goals of a partnership4 7#e7 ,non-,federal ,contributions 7,a7 ,in general ,except as provided in subparagraph 7,b71 no fish habitat conservation project may be recommended by the ,board under paragraph 7#b7 or provided financial assistance under this section unless at least #ej percent of the cost of the fish habitat conservation project will be funded with non-,federal funds4 7,b7 ,non-,federal share ,the non-,federal share of the cost of a fish habitat conservation project-- 7i7 may not be derived from another ,federal grant program2 but 7ii7 may include in-kind contributions and cash4 7,c7 ,special rule for ,indian tribes ,notwithstanding subparagraph 7,a7 or any other provision of law1 any funds made available to an ,indian tribe pursuant to this section may be considered to be non-,federal funds for the purpose of subparagraph 7,a74 7#f7 ,approval 7,a7 ,in general ,not later than #ij days after the date of receipt of the recommended priority list of fish habitat conservation projects under paragraph 7#b71 subject to the limitations of paragraph 7#d71 and based1 to the maximum extent practicable1 on the criteria described in paragraph 7#c71 the ,secretary1 after consulting with the ,secretary of ,commerce on marine or estuarine projects1 shall approve or reject any fish habitat conservation project recommended by the ,board4 7,b7 ,funding ,if the ,secretary approves a fish habitat conservation project under subparagraph 7,a71 the ,secretary shall use amounts made available to carry out this section to provide funds to carry out the fish habitat conservation project4 7,c7 ,notification ,if the ,secretary rejects any fish habitat conservation project recommended by the ,board under paragraph 7#b71 not later than #ahj days after the date of receipt of the recommendation1 the ,secretary shall provide to the ,board1 the appropriate ,partnership1 and the appropriate congressional committees a written statement of the reasons that the ,secretary rejected the fish habitat conservation project4 7g7 ,technical and scientific assistance 7#a7 ,in general ,the ,director1 the ,,noaa ,assistant ,administrator1 the ,,epa ,assistant ,administrator1 and the ,director of the ,united ,states ,geological ,survey1 in coordination with the ,forest ,service and other appropriate ,federal departments and agencies1 may provide scientific and technical assistance to the ,partnerships1 participants in fish habitat conservation projects1 and the ,board4 7#b7 ,inclusions ,scientific and technical assistance provided pursuant to paragraph 7#a7 may include-- 7,a7 providing technical and scientific assistance to ,states1 ,indian tribes1 regions1 local communities1 and nongovernmental organizations in the development and implementation of ,partnerships2 7,b7 providing technical and scientific assistance to ,partnerships for habitat assessment1 strategic planning1 and prioritization2 7,c7 supporting the development and implementation of fish habitat conservation projects that are identified as high priorities by ,partnerships and the ,board2 7,d7 supporting and providing recommendations regarding the development of science-based monitoring and assessment approaches for implementation through ,partnerships2 7,e7 supporting and providing recommendations for a national fish habitat assessment2 7,f7 ensuring the availability of experts to assist in conducting scientifically based evaluation and reporting of the results of fish habitat conservation projects2 and 7,g7 providing resources to secure state agency scientific and technical assistance to support ,partnerships1 participants in fish habitat conservation projects1 and the ,board4 7h7 ,coordination with ,states and ,indian tribes ,the ,secretary shall provide a notice to1 and cooperate with1 the appropriate ,state agency or tribal agency1 as applicable1 of each ,state and ,indian tribe within the boundaries of which an activity is planned to be carried out pursuant to this section1 including notification1 by not later than #cj days before the date on which the activity is implemented4 7i7 ,interagency operational plan ,not later than #a year after the date of enactment of this ,act1 and every #e years thereafter1 the ,director1 in cooperation with the ,,noaa ,assistant ,administrator1 the ,,epa ,assistant ,administrator1 the ,director of the ,united ,states ,geological ,survey1 and the heads of other appropriate ,federal departments and agencies 7including at a minimum1 those agencies represented on the ,board7 shall develop an interagency operational plan that describes-- 7#a7 the functional1 operational1 technical1 scientific1 and general staff1 administrative1 and material needs for the implementation of this section2 and 7#b7 any interagency agreements between or among ,federal departments and agencies to address those needs4 7j7 ,accountability and reporting 7#a7 ,reporting 7,a7 ,in general ,not later than #e years after the date of enactment of this ,act1 and every #e years thereafter1 the ,board shall submit to the appropriate congressional committees a report describing the progress of this section4 7,b7 ,contents ,each report submitted under subparagraph 7,a7 shall include-- 7i7 an estimate of the number of acres1 stream miles1 or acre-feet1 or other suitable measures of fish habitat1 that was maintained or improved by partnerships of ,federal1 ,state1 or local governments1 ,indian tribes1 or other entities in the ,united ,states during the #e-year period ending on the date of submission of the report2 7ii7 a description of the public access to fish habitats established or improved during that #e-year period2 7iii7 a description of the improved opportunities for public recreational fishing2 and 7iv7 an assessment of the status of fish habitat conservation projects carried out with funds provided under this section during that period1 disaggregated by year1 including-- 7,i7 a description of the fish habitat conservation projects recommended by the ,board under subsection 7f77#b72 7,,ii7 a description of each fish habitat conservation project approved by the ,secretary under subsection 7f77#f71 in order of priority for funding2 7,,iii7 a justification for-- 7aa7 the approval of each fish habitat conservation project2 and 7bb7 the order of priority for funding of each fish habitat conservation project2 7,,iv7 a justification for any rejection of a fish habitat conservation project recommended by the ,board under subsection 7f77#b7 that was based on a factor other than the criteria described in subsection 7f77#c72 and 7,v7 an accounting of expenditures by ,federal1 ,state1 or local governments1 ,indian tribes1 or other entities to carry out fish habitat conservation projects4 7#b7 ,status and trends report ,not later than ,december #ca1 #bjaf1 and every #e years thereafter1 the ,board shall submit to the appropriate congressional committees a report that includes-- 7,a7 a status of all ,partnerships approved under this section2 7,b7 a description of the status of fish habitats in the ,united ,states as identified by established ,partnerships2 and 7,c7 enhancements or reductions in public access as a result of-- 7i7 the activities of the ,partnerships2 or 7ii7 any other activities carried out pursuant to this section4 7#c7 ,revisions ,not later than ,december #ca1 #bjaf1 and every #e years thereafter1 the ,board shall consider revising the goals of the ,board1 after consideration of each report required by paragraph 7#b74 7k7 ,effect of section 7#a7 ,water rights ,nothing in this section-- 7,a7 establishes any express or implied reserved water right in the ,united ,states for any purpose2 7,b7 affects any water right in existence on the date of enactment of this ,act2 7,c7 preempts or affects any ,state water law or interstate compact governing water2 or 7,d7 affects any ,federal or ,state law in existence on the date of enactment of the ,act regarding water quality or water quantity4 7#b7 ,authority to acquire water rights or rights to property ,under this section1 only a ,state1 local government1 or other non-,federal entity may acquire1 under ,state law1 water rights or rights to property4 7#c7 ,state authority ,nothing in this section-- 7,a7 affects the authority1 jurisdiction1 or responsibility of a ,state to manage1 control1 or regulate fish and wildlife under the laws and regulations of the ,state2 or 7,b7 authorizes the ,secretary to control or regulate within a ,state the fishing or hunting of fish and wildlife4 7#d7 ,effect on ,indian tribes ,nothing in this section abrogates1 abridges1 affects1 modifies1 supersedes1 or alters any right of an ,indian tribe recognized by treaty or any other means1 including-- 7,a7 an agreement between the ,indian tribe and the ,united ,states2 7,b7 ,federal law 7including regulations72 7,c7 an ,executive order2 or 7,d7 a judicial decree4 7#e7 ,adjudication of water rights ,nothing in this section diminishes or affects the ability of the ,secretary to join an adjudication of rights to the use of water pursuant to subsection 7a71 7b71 or 7c7 of section #bjh of the ,department of ,justice ,appropriation ,act1 #aiec 7#dc ,u4,s4,c4 #fff74 7#f7 ,department of ,commerce authority ,nothing in this section affects the authority1 jurisdiction1 or responsibility of the ,department of ,commerce to manage1 control1 or regulate fish or fish habitats under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 7#g7 ,effect on other authorities 7,a7 ,private property protection ,nothing in this section permits the use of funds made available to carry out this section to acquire real property or a real property interest without the written consent of each owner of the real property or real property interest4 7,b7 ,mitigation ,nothing in this section permits the use of funds made available to carry out this section for fish and wildlife mitigation purposes under-- 7i7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7ii7 the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa et seq472 7iii7 the ,water ,resources ,development ,act of #aihf 7,public ,law #ii-ffb2 #ajj ,stat4 #djhb72 or 7iv7 any other ,federal law or court settlement4 7,c7 ,clean ,water ,act ,nothing in this section affects any provision of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 including any definition in that ,act4 7l7 ,nonapplicability of ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to-- 7#a7 the ,board2 or 7#b7 any ,partnership4 7m7 ,funding 7#a7 ,authorization of appropriations 7,a7 ,fish habitat conservation projects ,there is authorized to be appropriated to the ,secretary #g1bjj1jjj for each of fiscal years #bjaf through #bjba to provide funds for fish habitat conservation projects approved under subsection 7f77#f71 of which #e percent shall be made available for each fiscal year for projects carried out by ,indian tribes4 7,b7 ,administrative and planning expenses ,there is authorized to be appropriated to the ,secretary for each of fiscal years #bjaf through #bjba an amount equal to #e percent of the amount appropriated for the applicable fiscal year pursuant to subparagraph 7,a7-- 7i7 for administrative and planning expenses2 and 7ii7 to carry out subsection 7j74 7,c7 ,technical and scientific assistance ,there is authorized to be appropriated for each of fiscal years #bjaf through #bjba to carry out1 and provide technical and scientific assistance under1 subsection 7g7-- 7i7 #ejj1jjj to the ,secretary for use by the ,united ,states ,fish and ,wildlife ,service2 7ii7 #ejj1jjj to the ,,noaa ,assistant ,administrator for use by the ,national ,oceanic and ,atmospheric ,administration2 7iii7 #ejj1jjj to the ,,epa ,assistant ,administrator for use by the ,environmental ,protection ,agency2 and 7iv7 #ejj1jjj to the ,secretary for use by the ,united ,states ,geological ,survey4 7#b7 ,agreements and grants ,the ,secretary may-- 7,a7 on the recommendation of the ,board1 and notwithstanding sections #fcjd and #fcje of title #ca1 ,united ,states ,code1 and the ,federal ,financial ,assistance ,management ,improvement ,act of #aiii 7#ca ,u4,s4,c4 #faja note2 ,public ,law #ajf-ajg71 enter into a grant agreement1 cooperative agreement1 or contract with a ,partnership or other entity for a fish habitat conservation project or restoration or enhancement project2 7,b7 apply for1 accept1 and use a grant from any individual or entity to carry out the purposes of this section2 and 7,c7 make funds available to any ,federal department or agency for use by that department or agency to provide grants for any fish habitat protection project1 restoration project1 or enhancement project that the ,secretary determines to be consistent with this section4 7#c7 ,donations 7,a7 ,in general ,the ,secretary may-- 7i7 enter into an agreement with any organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf that is exempt from taxation under section #eja7;a7 of that ,code to solicit private donations to carry out the purposes of this section2 and 7ii7 accept donations of funds1 property1 and services to carry out the purposes of this section4 7,b7 ,treatment ,a donation accepted under this section-- 7i7 shall be considered to be a gift or bequest to1 or otherwise for the use of1 the ,united ,states2 and 7ii7 may be-- 7,i7 used directly by the ,secretary2 or 7,,ii7 provided to another ,federal department or agency through an interagency agreement4 ,february #bd1 #bjaf,reported with an amendment