,i #aafth ,,congress #ast ,session ,h4 ,r4 #acbf ,,in ,,the ,,house ,,of ,,representatives ,february #bb1 #bjai,mr4 ,thompson of ,california introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committees on the ,judiciary1 ,agriculture1 ,transportation and ,infrastructure1 and ,appropriations1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide for the preservation of ,america's outdoor heritage and enhance recreation opportunities on ,federal land1 and for other purposes4 #a4 ,short title2 ,secretary defined2 table of contents 7a7 ,short title ,this ,act may be cited as the ,authorizing ,critical ,conservation and ,enabling ,sportsmen and ,sportswomen ,act or the ,,access ,act4 7b7 ,secretary defined ,for the purposes of this ,act1 the term ,secretary means the ,secretary of the ,interior unless otherwise specifically indicated4 7c7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 ,secretary defined2 table of contents4 ,title ,i--,north ,american ,wetlands ,conservation ,act reauthorization ,sec4 #aja4 ,north ,american ,wetlands ,conservation ,act4 ,title ,,ii--,united ,states ,fish and ,wildlife ,service ,resource ,protection ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,definitions4 ,sec4 #bjc4 ,liability4 ,sec4 #bjd4 ,actions4 ,sec4 #bje4 ,use of recovered amounts4 ,sec4 #bjf4 ,donations4 ,sec4 #bjg4 ,transfer of funds from ,natural ,resource ,damage ,assessment and ,restoration ,fund4 ,title ,,iii--,great ,lakes ,monitoring1 ,assessment1 ,science1 and ,research ,sec4 #cja4 ,great ,lakes monitoring1 assessment1 science1 and research4 ,title ,,iv--,national ,fish and ,wildlife ,foundation ,establishment ,act reauthorization ,sec4 #dja4 ,national ,fish and ,wildlife ,foundation ,establishment ,act4 ,title ,v--,fish habitat conservation ,sec4 #eja4 ,national fish habitat conservation through partnerships4 ,title ,,vi--,target practice and marksmanship training support ,sec4 #fja4 ,short title4 ,sec4 #fjb4 ,definition of public target range4 ,sec4 #fjc4 ,amendments to ,pittman-,robertson ,wildlife ,restoration ,act4 ,sec4 #fjd4 ,limits on liability4 ,sec4 #fje4 ,sense of ,congress regarding cooperation4 ,title ,,vii--,wildlife and ,hunting ,heritage ,conservation ,council ,advisory ,committee ,sec4 #gja4 ,wildlife and ,hunting ,heritage ,conservation ,council ,advisory ,committee4 ,title ,,viii--,film crews ,sec4 #hja4 ,commercial filming4 ,title ,,ix--,chesapeake ,bay ,sec4 #ija4 ,reauthorization of ,chesapeake ,bay ,program4 ,sec4 #ijb4 ,reauthorization of ,chesapeake ,bay ,initiative ,act of #aiih4 ,title ,x--,chronic ,wasting ,disease ,management ,sec4 #ajja4 ,short title4 ,sec4 #ajjb4 ,definitions4 ,sec4 #ajjc4 ,findings4 ,sec4 #ajjd4 ,support for ,state efforts to manage and control chronic wasting disease4 ,sec4 #ajje4 ,support for applied research regarding chronic wasting disease4 ,sec4 #ajjf4 ,multi-agency cooperation with ,states to address chronic wasting disease4 ,title ,,xi--,chronic ,wasting ,disease ,transmission in ,cervidae ,study ,sec4 #aaja4 ,short title4 ,sec4 #aajb4 ,findings4 ,sec4 #aajc4 ,chronic wasting disease transmission in cervidae resource study4 ,sec4 #aajd4 ,definitions4 ,title ,,xii--,miscellaneous ,provisions ,sec4 #abja4 ,respect for treaties and rights4 ,sec4 #abjb4 ,no priority over other uses4 ,sec4 #abjc4 ,state authority for fish and wildlife4 ,i ,north ,american ,wetlands ,conservation ,act reauthorization #aja4 ,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 #ge1jjj1jjj for each of fiscal years #bjbj through #bjbd4 4 ,,ii ,united ,states ,fish and ,wildlife ,service ,resource ,protection #bja4 ,short title ,this title may be cited as the ,united ,states ,fish and ,wildlife ,service ,resource ,protection ,act4 #bjb4 ,definitions ,in this title3 7#a7 ,damages ,the term damages means-- 7,a7 compensation for-- 7i7 7,i7 the cost of replacing1 restoring1 or acquiring the equivalent of a system resource2 and 7,,ii7 the value of any significant loss of use of a system resource1 pending-- 7aa7 restoration or replacement of the system resource2 or 7bb7 the acquisition of an equivalent resource2 or 7ii7 the value of a system resource1 if the system resource cannot be replaced or restored2 and 7,b7 the cost of any relevant damage assessment carried out pursuant to section #bjd7;c74 7#b7 ,response cost ,the term response cost means the cost of any action carried out by the ,secretary-- 7,a7 to prevent1 minimize1 or abate destruction or loss of1 or injury to1 a system resource2 7,b7 to abate or minimize the imminent risk of such destruction1 loss1 or injury2 or 7,c7 to monitor the ongoing effects of any incident causing such destruction1 loss1 or injury4 7#c7 ,system resource ,the term system resource means any living1 nonliving1 historical1 cultural1 or archeological resource that is located within the boundaries of-- 7,a7 a unit of the ,national ,wildlife ,refuge ,system2 7,b7 a unit of the ,national ,fish ,hatchery ,system2 or 7,c7 any other land managed by the ,united ,states ,fish and ,wildlife ,service1 including any land managed cooperatively with any other ,federal or ,state agency4 #bjc4 ,liability 7a7 ,in general ,subject to subsection 7c71 any individual or entity that destroys1 causes the loss of1 or injures any system resource1 or that causes the ,secretary to carry out any action to prevent1 minimize1 or abate destruction or loss of1 or injuries or risk to1 any system resource1 shall be liable to the ,united ,states for any response costs or damages resulting from the destruction1 loss1 or injury4 7b7 ,liability in rem ,any instrumentality 7including a vessel1 vehicle1 aircraft1 or other equipment or mechanism7 that destroys1 causes the loss of1 or injures any system resource1 or that causes the ,secretary to carry out any action to prevent1 minimize1 or abate destruction or loss of1 or injury or risk to1 a system resource shall be liable in rem to the ,united ,states for any response costs or damages resulting from the destruction1 loss1 or injury1 to the same extent that an individual or entity is liable under subsection 7a74 7c7 ,defenses ,an individual or entity shall not be liable under this section1 if the individual or entity can establish that-- 7#a7 the destruction or loss of1 or injury to1 the system resource was caused solely by an act of ,god or an act of war2 or 7#b7 7,a7 the individual or entity exercised due care2 and 7,b7 the destruction or loss of1 or injury to1 the system resource was caused solely by an act or omission of a third party1 other than an employee or agent of the individual or entity4 7d7 ,scope ,the liability established by this section shall be in addition to any other liability arising under ,federal or ,state law4 #bjd4 ,actions 7a7 ,civil actions for response costs and damages ,the ,attorney ,general1 on request of the ,secretary1 may commence a civil action in the ,united ,states district court of appropriate jurisdiction against any individual1 entity1 or instrumentality that may be liable under section #bjc for response costs or damages4 7b7 ,administrative actions for response costs and damages 7#a7 ,action by ,secretary 7,a7 ,in general ,subject to paragraph 7#b71 the ,secretary1 after making a finding described in subparagraph 7,b71 may consider1 compromise1 and settle a claim for response costs and damages if the claim has not been referred to the ,attorney ,general under subsection 7a74 7,b7 ,description of findings ,a finding referred to in subparagraph 7,a7 is a finding that-- 7i7 destruction or loss of1 or injury to1 a system resource has occurred2 or 7ii7 such destruction1 loss1 or injury would occur absent an action by the ,secretary to prevent1 minimize1 or abate the destruction1 loss1 or injury4 7#b7 ,requirement ,in any case in which the total amount to be recovered in a civil action under subsection 7a7 may exceed #ejj1jjj 7excluding interest71 a claim may be compromised and settled under paragraph 7#a7 only with the prior written approval of the ,attorney ,general4 7c7 ,response actions1 assessments of damages1 and injunctive relief 7#a7 ,in general ,the ,secretary may carry out all necessary actions 7including making a request to the ,attorney ,general to seek injunctive relief7-- 7,a7 to prevent1 minimize1 or abate destruction or loss of1 or injury to1 a system resource2 or 7,b7 to abate or minimize the imminent risk of such destruction1 loss1 or injury4 7#b7 ,assessment and monitoring 7,a7 ,in general ,the ,secretary may assess and monitor the destruction or loss of1 or injury to1 any system resource for purposes of paragraph 7#a74 7,b7 ,judicial review ,any determination or assessment of damage to a system resource carried out under subparagraph 7,a7 shall be subject to judicial review under subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act71 on the basis of the administrative record developed by the ,secretary4 #bje4 ,use of recovered amounts 7a7 ,in general ,an amount equal to the total amount of the response costs and damages recovered by the ,secretary under this title and any amounts recovered by the ,federal ,government under any provision of ,federal1 ,state1 or local law 7including regulations7 or otherwise as a result of the destruction or loss of1 or injury to1 any system resource shall be made available to the ,secretary1 without further appropriation1 for use in accordance with subsection 7b74 7b7 ,use ,the ,secretary may use amounts made available under subsection 7a7 only1 in accordance with applicable law-- 7#a7 to reimburse response costs and damage assessments carried out pursuant to this title by the ,secretary or such other ,federal agency as the ,secretary determines to be appropriate2 7#b7 to restore1 replace1 or acquire the equivalent of a system resource that was destroyed1 lost1 or injured2 or 7#c7 to monitor and study system resources4 #bjf4 ,donations 7a7 ,in general ,in addition to any other authority to accept donations1 the ,secretary may accept donations of money or services for expenditure or use to meet expected1 immediate1 or ongoing response costs and damages4 7b7 ,timing ,a donation described in subsection 7a7 may be expended or used at any time after acceptance of the donation1 without further action by ,congress4 #bjg4 ,transfer of funds from ,natural ,resource ,damage ,assessment and ,restoration ,fund ,the matter under the heading ,natural ,resource ,damage ,assessment and ,restoration ,fund under the heading ,united ,states ,fish and ,wildlife ,service of title ,i of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiid 7#dc ,u4,s4,c4 #adgd;b-#a71 is amended by striking ,provided1 ,that and all that follows through activities4 and inserting the following3 ,provided1 ,that notwithstanding any other provision of law1 any amounts appropriated or credited during fiscal year #aiib or any fiscal year thereafter may be transferred to any account 7including through a payment to any ,federal or non-,federal trustee7 to carry out a negotiated legal settlement or other legal action for a restoration activity under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act 7#db ,u4,s4,c4 #ifja et seq471 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgja et seq471 the ,act of ,july #bg1 #aiij 7#af ,u4,s4,c4 #ai;jj et seq471 or the ,united ,states ,fish and ,wildlife ,service ,resource ,protection ,act1 or for any damage assessment activity3 ,provided further1 ,that sums provided by any individual or entity before or after the date of enactment of this ,act shall remain available until expended and shall not be limited to monetary payments1 but may include stocks1 bonds1 or other personal or real property1 which may be retained1 liquidated1 or otherwise disposed of by the ,secretary for the restoration of injured resources or to conduct any new damage assessment activity44 ,,iii ,great ,lakes ,monitoring1 ,assessment1 ,science1 and ,research #cja4 ,great ,lakes monitoring1 assessment1 science1 and research 7a7 ,definitions ,in this section3 7#a7 ,director ,the term ,director means the ,director of the ,united ,states ,geological ,survey4 7#b7 ,great ,lakes ,basin ,the term ,great ,lakes ,basin means the air1 land1 water1 and living organisms in the ,united ,states within the drainage basin of the ,saint ,lawrence ,river at and upstream from the point at which such river and the ,great ,lakes become the international boundary between ,canada and the ,united ,states4 7b7 ,findings ,congress finds the following3 7#a7 ,the ,great ,lakes support a diverse ecosystem1 on which the vibrant and economically valuable ,great ,lakes fisheries depend4 7#b7 ,to continue successful fisheries management and coordination1 as has occurred since signing of the ,convention on ,great ,lakes ,fisheries between the ,united ,states and ,canada on ,september #aj1 #aied1 management of the ecosystem and its fisheries require sound1 reliable science1 and the use of modern scientific technologies4 7#c7 ,fisheries research is necessary to support multi-jurisdictional fishery management decisions and actions regarding recreational and sport fishing1 commercial fisheries1 ,tribal harvest1 allocation decisions1 and fish stocking activities4 7#d7 ,president ,richard ,nixon submitted1 and the ,congress approved1 ,reorganization ,plan ,no4 #d 7#hd ,stat4 #bjij71 conferring science activities and management of marine fisheries to the ,national ,oceanic and ,atmospheric ,administration4 7#e7 ,reorganization ,plan ,no4 #d expressly excluded fishery research activities within the ,great ,lakes from the transfer1 retaining management and scientific research duties within the already-established jurisdictions under the #aied ,convention on ,great ,lakes ,fisheries1 including those of the ,great ,lakes ,fishery ,commission and the ,department of the ,interior4 7c7 ,monitoring1 assessment1 science1 and research 7#a7 ,in general ,the ,director may conduct monitoring1 assessment1 science1 and research1 in support of the binational fisheries within the ,great ,lakes ,basin4 7#b7 ,specific authorities ,the ,director shall1 under paragraph 7#a7-- 7,a7 execute a comprehensive1 multi-lake1 freshwater fisheries science program2 7,b7 coordinate with and work cooperatively with regional1 ,state1 ,tribal1 and local governments2 and 7,c7 consult with other interested entities groups1 including academia and relevant ,canadian agencies4 7#c7 ,included research ,to properly serve the needs of fisheries managers1 monitoring1 assessment1 science1 and research under this section may include-- 7,a7 deepwater ecosystem sciences2 7,b7 biological and food-web components2 7,c7 fish movement and behavior investigations2 7,d7 fish population structures2 7,e7 fish habitat investigations2 7,f7 invasive species science2 7,g7 use of existing1 new1 and experimental biological assessment tools1 equipment1 vessels1 other scientific instrumentation and laboratory capabilities necessary to support fishery management decisions2 and 7,h7 studies to assess impacts on ,great ,lakes ,fishery resources4 7#d7 ,savings clause ,nothing in this section is intended or shall be construed to impede1 supersede1 or alter the authority of the ,great ,lakes ,fishery ,commission1 ,states1 and ,indian ,tribes under the ,convention on ,great ,lakes ,fisheries between the ,united ,states of ,america and ,canada on ,september #aj1 #aied1 and the ,great ,lakes ,fishery ,act of #aief 7#af ,u4,s4,c4 #ica et seq474 7d7 ,authorization of appropriations ,for each of fiscal years #bjbj through #bjbd1 there is authorized to be appropriated #ae1jjj1jjj to carry out this section4 ,,iv ,national ,fish and ,wildlife ,foundation ,establishment ,act reauthorization #dja4 ,national ,fish and ,wildlife ,foundation ,establishment ,act 7a7 ,board of directors of ,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 ,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 in paragraph 7#d71 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,b7 in paragraph 7#e71 by striking paragraph 7#c7 or 7#d7 and inserting subparagraph 7,c7 or 7,d72 7,c7 in paragraph 7#aj71 by striking 2 and and inserting a semicolon2 7,d7 by striking paragraph 7#aa72 7,e7 by striking ,for the purposes and all that follows through of the ,foundation42 7,f7 by inserting after paragraph 7#aj7 the following3 7#aa7 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#ab7 to do acts necessary to carry out the purposes of the ,foundation4 2 7,g7 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,h7 by redesignating paragraphs 7#a7 through 7#ab7 as subparagraphs 7,a7 through 7,l71 respectively1 and indenting appropriately2 and 7,i7 by inserting after subparagraph 7,l7 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 #bjbj through #bjbd-- 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 are authorized to provide funds to the ,foundation through ,federal financial assistance grants and cooperative agreements1 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 ,v ,fish habitat conservation #eja4 ,national fish habitat conservation through partnerships 7a7 ,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 7b7 ,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 7c77#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 #ecjd74 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 ,congress as a ,fish ,habitat ,partnership under subsection 7d77#f7 after a recommendation by the ,board under subsection 7d77#a74 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 ,state ,the term ,state means each of the several ,states4 7#aj7 ,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 7c7 ,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 recommend to ,congress entities for designation as ,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 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 paragraph 7#a77;,b77vii74 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 paragraph 7#a77;,b77vii71 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 7d72 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 7d7 ,fish ,habitat ,partnerships 7#a7 ,authority to recommend ,the ,board may recommend to ,congress the designation of ,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 designation ,an entity seeking to be designated by ,congress 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 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 ,requirements for recommendation to ,congress ,the ,board may recommend to ,congress for designation an application for a ,partnership submitted under paragraph 7#c77;,a7 if the ,board determines that the applicant-- 7,a7 meets the criteria described in paragraph 7#c77;,b72 7,b7 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,c7 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,d7 identifies strategic fish and fish habitat priorities for the ,partnership area in the form of geographical focus areas or key stressors or impairments to facilitate strategic planning and decision making2 7,e7 is able to address issues and priorities on a nationally significant scale2 7,f7 includes a governance structure that-- 7i7 reflects the range of all partners2 and 7ii7 promotes joint strategic planning and decision making by the applicant2 7,g7 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,h7 promotes collaboration in developing a strategic vision and implementation program that is scientifically sound and achievable4 7#e7 ,report to ,congress 7,a7 ,in general ,not later than ,february #a of the first fiscal year beginning after the date of enactment of this ,act and each ,february #a thereafter1 the ,board shall develop and submit to the appropriate congressional committees an annual report1 to be entitled ,report to ,congress on ,future ,fish ,habitat ,partnerships and ,modifications1 that-- 7i7 identifies any entity that-- 7,i7 meets the requirements described in paragraph 7#d72 and 7,,ii7 the ,board recommends for designation as a ,partnership2 7ii7 describes any proposed modifications to a ,partnership previously designated by ,congress under paragraph 7#f72 and 7iii7 with respect to each entity recommended for designation as a ,partnership1 describes1 to the maximum extent practicable-- 7,i7 the purpose of the recommended ,partnership2 and 7,,ii7 how the recommended ,partnership fulfills the requirements described in paragraph 7#d74 7,b7 ,public availability2 notification ,the ,board shall-- 7i7 make the report publicly available1 including on the internet2 and 7ii7 provide to the appropriate congressional committees and the ,state agency of any ,state included in a recommended ,partnership area written notification of the public availability of the report4 7#f7 ,designation or modification of ,partnership ,congress shall have the sole authority to designate or modify a ,partnership4 7#g7 ,existing ,partnerships 7,a7 ,designation review ,not later than #e years after the date of enactment of this ,act1 any fish habitat ,partnership receiving ,federal funds as of the date of enactment of this ,act shall be subject to a designation review by ,congress in which ,congress shall have the opportunity to designate the ,partnership under paragraph 7#f74 7,b7 ,ineligibility for ,federal funds ,a ,partnership referred to in subparagraph 7,a7 that ,congress does not designate as described in that subparagraph shall be ineligible to receive ,federal funds under this section4 7e7 ,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#e74 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 opportunities1 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 one 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 7f7 ,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 7g7 ,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 7h7 ,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 ,board71 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 7i7 ,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 7e77#b72 7,,ii7 a description of each fish habitat conservation project approved by the ,secretary under subsection 7e77#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 7e77#b7 that was based on a factor other than the criteria described in subsection 7e77#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 #bjbj1 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 designated 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 7j7 ,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 7k7 ,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 7l7 ,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 #bjbj through #bjbd to provide funds for fish habitat conservation projects approved under subsection 7e77#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 #bjbj through #bjbd 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 7i74 7,c7 ,technical and scientific assistance ,there is authorized to be appropriated for each of fiscal years #bjbj through #bjbd to carry out1 and provide technical and scientific assistance under1 subsection 7f7-- 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 7m7 ,prohibition against implementation of regulatory authority by ,federal agencies ,any ,partnership designated under this section-- 7#a7 shall be for the sole purpose of promoting fish conservation2 and 7#b7 shall not be used to implement any regulatory authority of any ,federal agency4 ,,vi ,target practice and marksmanship training support #fja4 ,short title ,this title may be cited as the ,target ,practice and ,marksmanship ,training ,support ,act4 #fjb4 ,definition of public target range ,in this title1 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 #fjc4 ,amendments to ,pittman-,robertson ,wildlife ,restoration ,act 7a7 ,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 7b7 ,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 paragraph 7#a7 of this subsection7 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 7c7 ,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-- 7,a7 by striking ,amounts made and inserting the following3 7,a7 ,in general ,except as provided in subparagraph 7,b71 amounts made 2 and 7,b7 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 #fjd4 ,limits on liability 7a7 ,discretionary function ,for purposes of chapter #aga of title #bh1 ,united ,states ,code 7commonly referred to as the ,federal ,tort ,claims ,act71 any action by an agent or employee of the ,united ,states to manage or allow the use of ,federal land for purposes of target practice or marksmanship training by a member of the public shall be considered to be the exercise or performance of a discretionary function4 7b7 ,civil action or claims ,except to the extent provided in chapter #aga of title #bh1 ,united ,states ,code1 the ,united ,states shall not be subject to any civil action or claim for money damages for any injury to or loss of property1 personal injury1 or death caused by an activity occurring at a public target range that is-- 7#a7 funded in whole or in part by the ,federal ,government pursuant to the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi et seq472 or 7#b7 located on ,federal land4 #fje4 ,sense of ,congress regarding cooperation ,it is the sense of ,congress that1 consistent with applicable laws and regulations1 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 ,,vii ,wildlife and ,hunting ,heritage ,conservation ,council ,advisory ,committee #gja4 ,wildlife and ,hunting ,heritage ,conservation ,council ,advisory ,committee ,the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa et seq47 is amended by adding at the end the following3 #aj4 ,wildlife and ,hunting ,heritage ,conservation ,council ,advisory ,committee 7a7 ,establishment ,there is established the ,wildlife and ,hunting ,heritage ,conservation ,council ,advisory ,committee 7referred to in this section as the ,advisory ,committee7 to advise the ,secretary of the ,interior and the ,secretary of ,agriculture 7referred to in this section as the ,secretaries7 on wildlife and habitat conservation1 hunting1 and recreational shooting4 7b7 ,duties of the advisory committee ,the ,advisory ,committee shall advise the ,secretaries regarding-- 7#a7 implementation of the ,recreational ,hunting and ,wildlife ,resource ,conservation ,plan--,a ,ten-,year ,plan for ,implementation and any successor plans1 in accordance with ,executive ,order #acddc 7#af ,u4,s4,c4 #ffa note2 relating to facilitation of hunting heritage and wildlife conservation72 7#b7 increasing public awareness of1 and support for1 the ,wildlife ,restoration ,program2 7#c7 fostering wildlife and habitat conservation and ethics in hunting and shooting sports recreation2 7#d7 stimulating the participation of sportsmen and sportswomen in the conservation and management of wildlife and habitat resources through outreach and education2 7#e7 fostering communication and coordination among-- 7,a7 the ,federal ,government and ,state and ,tribal governments2 7,b7 industry2 7,c7 sportsmen and sportswomen who hunt and shoot2 7,d7 wildlife and habitat conservation and management organizations2 and 7,e7 the public2 7#f7 providing appropriate access to ,federal land for recreational shooting and hunting2 and 7#g7 recommendations to improve implementation of ,federal conservation programs that benefit wildlife1 hunting1 and outdoor recreation on private land4 7c7 ,membership 7#a7 ,appointment 7,a7 ,in general ,the ,advisory ,committee shall consist of not more than #af discretionary members and #g ex officio members4 7,b7 ,ex officio members ,the ex officio members are-- 7i7 the ,director of the ,united ,states ,fish and ,wildlife ,service or a designated representative of the ,director2 7ii7 the ,director of the ,bureau of ,land ,management or a designated representative of the ,director2 7iii7 the ,director of the ,national ,park ,service or a designated representative of the ,director2 7iv7 the ,chief of the ,forest ,service or a designated representative of the ,chief2 7v7 the ,chief of the ,natural ,resources ,conservation ,service or a designated representative of the ,chief2 7vi7 the ,administrator of the ,farm ,service ,agency or a designated representative of the ,administrator2 and 7vii7 the ,executive ,director of the ,association of ,fish and ,wildlife ,agencies4 7,c7 ,discretionary members ,the discretionary members shall be appointed jointly by the ,secretaries from at least one of each of the following3 7i7 ,state fish and wildlife management agencies4 7ii7 ,wildlife and habitat conservation management organizations4 7iii7 ,game bird hunting organizations4 7iv7 ,waterfowl hunting organizations4 7v7 ,big game hunting organizations4 7vi7 ,the tourism1 outfitter1 or guiding industry relating to hunting1 fishing1 and shooting sports4 7vii7 ,the hunting or shooting equipment retail industry4 7viii7 ,tribal resource management organizations4 7ix7 ,hunting1 shooting1 and fishing sports outreach and education organizations4 7x7 ,women's hunting and fishing advocacy1 outreach1 or education organizations4 7xi7 ,minority hunting and fishing advocacy1 outreach1 or education organizations4 7xii7 ,veterans service organizations4 7#b7 ,terms 7,a7 ,in general ,except as provided in subparagraph 7,b71 members of the ,advisory ,committee shall be appointed for a term of #d years4 ,members shall not be appointed for more than #c terms4 7,b7 ,terms of initial appointees ,as designated by the ,secretaries at the time of appointment1 of the members first appointed-- 7i7 #f members shall be appointed for a term of #d years2 7ii7 #e members shall be appointed for a term of #c years2 and 7iii7 #e members shall be appointed for a term of #b years4 7#c7 ,preservation of public advisory status ,no individual may be appointed as a discretionary member of the ,advisory ,committee while serving as an officer or employee of the ,federal ,government4 7#d7 ,vacancy and removal 7,a7 ,in general ,any vacancy on the ,advisory ,committee shall be filled in the manner in which the original appointment was made4 7,b7 ,removal ,advisory ,committee members shall serve at the discretion of the ,secretaries and may be removed at any time for good cause4 7#e7 ,continuation of service ,each appointed member may continue to serve after the expiration of the term of office to which such member was appointed until a successor has been appointed4 7#f7 ,chairperson ,the ,chairperson of the ,advisory ,committee shall be appointed for a #c-year term by the ,secretaries1 jointly1 from among the members of the ,advisory ,committee4 ,an individual may not be appointed as ,chairperson for more than #b terms4 7#g7 ,compensation ,members of the ,advisory ,committee shall serve without compensation4 7#h7 ,travel expenses ,members of the ,advisory ,committee 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 duties of the ,advisory ,committee4 7#i7 ,meetings 7,a7 ,in general ,the ,advisory ,committee shall meet at the call of the ,chairperson1 but not less frequently than twice annually4 7,b7 ,open meetings ,each meeting of the ,advisory ,committee shall be open to the public4 7,c7 ,prior notice of meetings ,timely notice of each meeting of the ,advisory ,committee shall be published in the ,federal ,register and be submitted to trade publications and publications of general circulation4 7,d7 ,subgroups ,the ,advisory ,committee may establish such workgroups or subgroups as the ,advisory ,committee deems necessary for the purpose of compiling information or conducting research4 7#aj7 ,quorum ,a majority of the members of the ,advisory ,committee shall constitute a quorum4 7d7 ,expenses1 administrative support1 technical services1 and advice ,the ,secretaries may provide for expenses1 administrative support1 technical services1 and advice to the ,advisory ,committee that the ,secretaries determine to be appropriate4 7e7 ,annual report 7#a7 ,required ,not later than ,september #cj of each year1 the ,advisory ,committee shall submit a report to the ,secretaries1 the ,committee on ,natural ,resources and the ,committee on ,agriculture of the ,house of ,representatives1 and the ,committee on ,energy and ,natural ,resources and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate4 7#b7 ,contents ,the report required under paragraph 7#a7 shall describe-- 7,a7 the activities of the ,advisory ,committee during the preceding year2 7,b7 the reports and recommendations made by the ,advisory ,committee to the ,secretaries during the preceding year2 and 7,c7 an accounting of actions taken by the ,secretaries as a result of the recommendations4 7f7 ,federal ,advisory ,committee act ,the ,advisory ,committee shall be exempt from the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 4 ,,viii ,film crews #hja4 ,commercial filming 7a7 ,in general ,section #a of ,public ,law #ajf-bjf 7#af ,u4,s4,c4 #dfjl-#f;d7 is amended-- 7#a7 by redesignating subsections 7a7 through 7f7 as subsections 7b7 through 7g71 respectively2 7#b7 by inserting before subsection 7b7 7as so redesignated7 the following3 7a7 ,definition of ,secretary ,the term ,secretary means the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable1 with respect to land under the respective jurisdiction of the ,secretary4 2 7#c7 in subsection 7b7 7as so redesignated7-- 7,a7 in paragraph 7#a7-- 7i7 in the first sentence-- 7,i7 by striking of the ,interior or the ,secretary of ,agriculture 7hereafter individually referred to as the ,secretary with respect to land 7except land in a ,system unit as defined in section #ajjajb of title #ed1 ,united ,states ,code7 under their respective jurisdictions72 and 7,,ii7 by striking or similar projects2 7ii7 in subparagraph 7,a71 by striking or similar project2 and 7iii7 in subparagraph 7,b71 by inserting 1 except in the case of film crews of three or fewer individuals before the period at the end2 and 7,b7 by adding at the end the following3 7#c7 ,fee schedule ,not later than #ahj days after the date of enactment of the ,sportsmen's ,act1 to enhance consistency in the management of ,federal land1 the ,secretaries shall publish a single joint land use fee schedule for commercial filming and still photography4 2 7#d7 in subsection 7c7 7as so redesignated71 in the second sentence1 by striking subsection 7a7 and inserting subsection 7b72 7#e7 in subsection 7d7 7as so redesignated71 in the heading1 by inserting commercial before still2 7#f7 in paragraph 7#a7 of subsection 7f7 7as so redesignated71 by inserting in accordance with the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhja et seq471 after without further appropriation12 7#g7 in subsection 7g7 7as so redesignated7-- 7,a7 by striking ,the ,secretary shall and inserting the following3 7#a7 ,in general ,the ,secretary shall 2 and 7,b7 by adding at the end the following3 7#b7 ,considerations ,the ,secretary shall not consider subject matter or content as a criterion for issuing or denying a permit under this ,act4 2 and 7#h7 by adding at the end the following3 7h7 ,exemption from commercial filming or still photography permits and fees ,the ,secretary shall not require persons holding commercial use authorizations or special recreation permits to obtain an additional permit or pay a fee for commercial filming or still photography under this ,act if-- 7#a7 the filming or photography conducted is incidental to the permitted activity that is the subject of the commercial use authorization or special recreation permit2 and 7#b7 the holder of the commercial use authorization or special recreation permit is an individual or small business concern 7within the meaning of section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb774 7i7 ,exception from certain fees ,commercial filming or commercial still photography shall be exempt from fees under this ,act1 but not from recovery of costs under subsection 7c71 if the activity-- 7#a7 is conducted by an entity that is a small business concern 7within the meaning of section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb772 7#b7 is conducted by a crew of not more than #c individuals2 and 7#c7 uses only a camera and tripod4 7j7 ,applicability to news gathering activities 7#a7 ,in general ,news gathering shall not be considered a commercial activity4 7#b7 ,included activities ,in this subsection1 the term news gathering includes1 at a minimum1 the gathering1 recording1 and filming of news and information related to news in any medium4 4 7b7 ,conforming amendments ,chapter #ajji of title #ed1 ,united ,states ,code1 is amended-- 7#a7 by striking section #ajjije2 and 7#b7 in the table of sections for chapter #ajji of title #ed1 ,united ,states ,code1 by striking the item relating to section #ajjije4 ,,ix ,chesapeake ,bay #ija4 ,reauthorization of ,chesapeake ,bay ,program ,section #aag7;j7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abfg7 is amended to read as follows3 7j7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ij1jjj1jjj for each of fiscal years #bjbj through #bjbd4 4 #ijb4 ,reauthorization of ,chesapeake ,bay ,initiative ,act of #aiih ,section #ejb7;c7 of the ,chesapeake ,bay ,initiative ,act of #aiih 7,public ,law #aje-cab2 #aab ,stat4 #bifc2 #abi ,stat4 #begi7 is amended by striking #bjag and inserting #bjbd4 ,x ,chronic ,wasting ,disease ,management #ajja4 ,short title ,this title may be cited as the ,chronic ,wasting ,disease ,management ,act4 #ajjb4 ,definitions ,in this title3 7#a7 ,chronic wasting disease ,the term chronic wasting disease means the animal disease afflicting among deer1 elk1 and moose populations that-- 7,a7 is a transmissible disease of the nervous system resulting in distinctive lesions in the brain2 and 7,b7 belongs to the group of diseases known as transmissible spongiform encephalopathies1 which group includes scrapie1 bovine spongiform encephalopathy1 and ,creutzfeldt-,jakob disease4 7#b7 ,eligible grant recipient ,the term eligible grant recipient means a ,state department of wildlife1 ,state department of agriculture1 college or university1 or related research center conducting scientific applied research regarding chronic wasting disease4 7#c7 ,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#d7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture1 acting through the ,animal and ,plant ,health ,inspection ,service-,wildlife ,services4 #ajjc4 ,findings ,congress finds the following3 7#a7 ,pursuant to ,state and ,federal law1 the ,states retain primary and policymaking authority with regard to wildlife management1 and nothing in this title interferes with or otherwise affects the primary authority of the ,states in managing wildlife generally1 or managing1 surveying1 and monitoring the incidence of chronic wasting disease4 7#b7 ,chronic wasting disease1 the fatal neurological disease found in cervids1 is a fundamental threat to the health and vibrancy of deer1 elk1 and moose populations1 and the increased occurrence of chronic wasting disease in regionally diverse locations in recent months necessitates an escalation in applied research1 surveillance1 monitoring1 and management activities focused on containing and managing this lethal disease4 7#c7 ,as the ,states move to manage existing levels of chronic wasting disease and insulate noninfected wild and captive cervid populations from the disease1 the ,federal ,government should endeavor to provide integrated and holistic financial and technical support to these ,states and the many ,state departments of wildlife1 ,state departments of agriculture1 colleges and universities1 and related research centers conducting scientific applied research regarding chronic wasting disease4 7#d7 ,the ,secretary should provide consistent1 coherent1 and integrated support structures and programs for the benefit of ,state wildlife and agricultural administrators1 as chronic wasting disease can move freely between captive and wild cervids across the broad array of ,federal1 ,state1 ,tribal1 and local land management jurisdictions4 7#e7 ,the ,secretary can provide consistent1 coherent1 and integrated support systems under existing legal authorities to ,states and the many ,state departments of wildlife1 ,state departments of agriculture1 colleges and universities1 and related research centers conducting scientific applied research regarding chronic wasting disease4 #ajjd4 ,support for ,state efforts to manage and control chronic wasting disease 7a7 ,availability of ,assistance ,the ,secretary shall allocate funds made available under subparagraphs 7,a7 and 7,b7 of subsection 7e77#a7 directly to ,state and ,tribal agencies responsible for wildlife management to support ,state and ,tribal efforts to develop and implement management strategies to address chronic wasting disease4 7b7 ,petition process ,a ,state or ,tribal agency shall petition the ,secretary for a portion of the funds available under subsection 7a74 7c7 ,funding ,priorities ,in determining the amounts to be allocated to ,state and ,tribal agencies under subsection 7a71 the ,secretary shall give priority to ,states and ,tribal agencies based on the following criteria3 7#a7 ,relative scope of incidence of chronic wasting disease on lands of the ,state or ,indian ,tribe1 with priority given to those ,states and ,indian ,tribes with the highest incidence of the disease4 7#b7 ,state or ,tribal expenditures on chronic wasting disease management1 monitoring1 surveillance1 and applied research1 with priority given to those ,states and ,indian ,tribes that have shown the greatest financial commitment to managing1 monitoring1 surveying1 and researching chronic wasting disease4 7#c7 ,comprehensive and integrated ,state or ,tribal policies and programs focused on chronic wasting disease management between involved ,state or ,tribal wildlife and agricultural agencies1 with priority given to those ,states and ,indian ,tribes that have integrated the programs and policies of all involved agencies related to chronic wasting disease management4 7#d7 ,rapid response to new outbreaks of chronic wasting disease1 whether occurring in areas in which chronic wasting disease is already found or areas with first infections1 with the intent of containing the disease in any new area of infection4 7d7 ,rapid response fund ,the ,secretary shall use funds made available under subsection 7e77#a77;,c7 as a rapid response fund to support ,state and ,tribal efforts to control the spread of chronic wasting disease upon the detection of chronic wasting disease among deer1 elk1 or moose populations not previously infected4 7e7 ,authorization of ,appropriations 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary #ce1jjj1jjj to support ,state and ,tribal efforts to manage and control chronic wasting disease1 of which-- 7,a7 #bj1jjj1jjj shall be allocated to ,states under subsection 7a72 7,b7 #e1jjj1jjj shall be allocated to ,tribal agencies under subsection 7a72 and 7,c7 #aj1jjj1jjj shall be retained for the rapid response fund under subsection 7d74 7#b7 ,availability ,funds appropriated pursuant to the authorization of appropriations in paragraph 7#a7 shall remain available until expended4 7#c7 ,limitation on administrative costs ,not more than three percent of the amount appropriated pursuant to the authorization of appropriations in paragraph 7#a7 may be used to cover administrative expenses incurred by the ,secretary4 #ajje4 ,support for applied research regarding chronic wasting disease 7a7 ,expansion of applied research ,grants ,the ,secretary shall make grants to support efforts to expand and accelerate applied research on chronic wasting disease1 including 7but not limited to7 research regarding the following3 7#a7 ,sustainable cervid harvest management practices to reduce chronic wasting disease occurrence and to prevent or limit spatial spread of chronic wasting disease4 7#b7 ,management experiments and strategies designed for long-term suppression of chronic wasting disease4 7#c7 ,harvest management practices and other practices that exacerbate chronic wasting disease occurrence1 with an emphasis on retrospective analyses of available harvest management and chronic wasting disease trend data4 7#d7 ,factors contributing to local emergence of chronic wasting disease1 increased prevalence of chronic wasting disease1 and distribution of chronic wasting disease1 including mechanisms of disease transmission and effective barriers to transmission4 7#e7 ,methods and products to effectively detect infectious prions in1 and decontaminate infectious prions from natural environments and inorganic surfaces4 7b7 ,authorization of ,appropriations 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary #aj1jjj1jjj to make grants under subsection 7a74 7#b7 ,availability ,funds appropriated pursuant to the authorization of appropriations in paragraph 7#a7 shall remain available until expended4 7#c7 ,limitation on administrative costs ,not more than three percent of the amount appropriated pursuant to the authorization of appropriations in paragraph 7#a7 may be used to cover administrative expenses incurred by the ,secretary4 #ajjf4 ,multi-agency cooperation with ,states to address chronic wasting disease ,land management agencies of the ,department of ,agriculture and the ,department of the ,interior shall work cooperatively with ,states-- 7#a7 in the conduct of applied research regarding chronic wasting disease2 and 7#b7 in the implementation of ,state chronic wasting disease response plans to reduce the spread and prevalence of chronic wasting disease4 ,,xi ,chronic ,wasting ,disease ,transmission in ,cervidae ,study #aaja4 ,short title ,this title may be cited as the ,chronic ,wasting ,disease ,transmission in ,cervidae ,study ,act4 #aajb4 ,findings ,congress makes the following findings3 7#a7 ,chronic wasting disease continues to spread in wild1 free-ranging cervid herds and in captive cervid herds across the ,united ,states and ,canada1 and as of ,december #bjah1 is in #bf ,states and three ,canadian provinces4 7#b7 ,from ,december #bjag to ,december #bjah alone1 the disease was detected for the first time in free-ranging cervid herds in ,mississippi1 ,montana1 and ,tennessee1 and there were new positive detections of the disease in #ac captive cervid herds from ,illinois1 ,michigan1 ,minnesota1 ,ohio1 ,pennsylvania1 ,wisconsin1 and ,quebec1 ,canada4 7#c7 ,six of such herds are being monitored by the ,national ,chronic ,wasting ,disease ,herd ,certification ,program of the ,animal and ,plant ,health ,inspection ,service1 and therefore are considered to be at low risk for chronic wasting disease4 7#d7 ,from ,june #bjag to ,september #bjah1 #aj ,states1 including ,arkansas1 ,illinois1 ,kansas1 ,minnesota1 ,missouri1 ,nebraska1 ,texas1 ,west ,virginia1 ,wisconsin1 and ,wyoming1 are already fighting to control the transmission and spread of chronic wasting disease and found positive detections for the disease in additional wild1 free-ranging cervid herds4 7#e7 ,new positive detections in captive cervid herds were found in ,illinois1 ,michigan1 ,minnesota1 ,ohio1 ,pennsylvania1 and ,wisconsin4 7#f7 ,there is no known cure for chronic wasting disease1 no reliable live animal test to detect the disease1 and only a post-mortem test that provides some measure of reliable detection of the disease4 7#g7 ,chronic wasting disease is #ajj percent fatal and is arguably the most important disease threatening ,north ,american cervid resources4 7#h7 ,the spread of chronic wasting disease continues to increasingly and adversely affect the economic well-being of rural communities1 the hunting public1 farmed cervid producers1 and ,state wildlife and agricultural agencies1 because the only known measure for reducing the spread of chronic wasting disease is the complete depopulation of herds that test positive for the disease1 a drastic measure which comes with great costs for all4 7#i7 ,the long-term environmental persistence of chronic wasting disease's causative agent means that ,state wildlife management agencies1 ,state departments of agriculture1 and private cervid farmers have relatively few options to mitigate the effects of such disease4 7#aj7 ,there are ongoing debates about the predominant transmission pathways that are causing the new detections and continued spread of chronic wasting disease in cervids across the ,united ,states and ,canada4 #aajc4 ,chronic wasting disease transmission in cervidae resource study 7a7 ,study 7#a7 ,in general ,the ,secretaries shall enter into an arrangement with the ,academy under which the ,academy shall conduct1 and submit to the ,secretaries a report-- 7,a7 describing the findings of1 a special resource study to identify the predominant pathways and mechanisms of the transmission of chronic wasting disease in wild1 captive1 and farmed populations of cervids in the ,united ,states2 and 7,b7 which may include the potential impacts on the disease from transmissions from ,canada4 7#b7 ,requirements ,the arrangement under paragraph 7#a7 shall provide that the actual expenses incurred by the ,academy in conducting the study under paragraph 7#a7 shall be paid by the ,secretaries4 7b7 ,contents of the study ,within and between wild1 captive1 and farmed cervid populations1 the study-- 7#a7 may include1 to the extent the ,united ,states is affected on a continental scale1 the potential impacts on the disease from transmissions from ,canada2 and 7#b7 shall-- 7,a7 identify-- 7i7 the pathways and mechanisms for the transmission of chronic wasting disease in cervids and cervid products2 7ii7 the dosage and infection rates for each such pathway and mechanism2 and 7iii7 the relative frequency of each mode of such transmission2 7,b7 identify anthropogenic and environmental factors contributing to new chronic wasting disease emergence events1 the development of geographic areas with increased chronic wasting disease prevalence1 and overall geographic patterns of chronic wasting disease distribution2 7,c7 identify significant gaps in current scientific knowledge regarding the transmission pathways identified under subparagraph 7,a72 7,d7 identify and prioritize scientific research projects that will address the knowledge gaps referred to in subparagraph 7,c72 and 7,e7 review science-based best practices1 standards1 and guidance regarding the management of chronic wasting disease in wild1 captive1 and farmed cervid populations in the ,united ,states which have been developed by-- 7i7 the ,national ,chronic ,wasting ,disease ,herd ,certification ,program of the ,animal and ,plant ,health ,inspection ,service2 7ii7 the ,united ,states ,geological ,survey2 and 7iii7 ,state wildlife and agricultural agencies1 which provide practical1 science-based recommendations to ,state and ,federal agencies for minimizing or eliminating the risk of transmission of chronic wasting disease in the ,united ,states4 7c7 ,deadline ,not later than #f months after the date on which funds are first made available for the study under subsection 7a71 the ,secretaries shall submit to the ,committee on ,agriculture of the ,house of ,representatives1 the ,committee on ,natural ,resources of the ,house of ,representatives1 the ,committee on ,environment and ,public ,works of the ,senate1 and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that describes-- 7#a7 the findings of the study2 and 7#b7 any conclusions and recommendations that the ,secretary determines to be appropriate4 7d7 ,data ,sharing ,the ,secretaries shall share with the entity conducting the study under subsection 7a7 data and access to databases on chronic wasting disease under the jurisdiction of-- 7#a7 the ,veterinary ,services ,program of the ,animal and ,plant ,health ,inspection ,service2 and 7#b7 the ,united ,states ,geological ,survey4 #aajd4 ,definitions ,in this title3 7#a7 ,academy ,the term ,academy means the ,national ,academy of ,sciences4 7#b7 ,cervid ,the term cervid means any species within the family ,cervidae4 7#c7 ,chronic wasting disease ,the term chronic wasting disease means the animal disease afflicting deer1 elk1 reindeer1 and moose populations that-- 7,a7 is a transmissible disease of the nervous system resulting in distinctive lesions in the brain2 and 7,b7 belongs to the group of diseases known as transmissible spongiform encephalopathies1 which group includes scrapie1 bovine spongiform encephalopathy1 and ,creutzfeldt-,jakob disease4 7#d7 ,secretaries ,the term ,secretaries means-- 7,a7 the ,secretary of ,agriculture1 acting through the ,administrator of the ,animal and ,plant ,health ,inspection ,service2 and 7,b7 the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,geological ,survey4 ,,xii ,miscellaneous ,provisions #abja4 ,respect for treaties and rights ,nothing in this ,act or the amendments made by this ,act shall be construed to affect or modify any treaty or other right of any federally recognized ,indian ,tribe4 #abjb4 ,no priority over other uses ,nothing in this ,act or the amendments made by this ,act provides a preference to hunting1 fishing1 or recreational shooting over any other use of ,federal land or water4 #abjc4 ,state authority for fish and wildlife ,nothing in this ,act-- 7#a7 authorizes the ,secretary of ,agriculture or the ,secretary to require ,federal licenses or permits to hunt and fish on ,federal land2 or 7#b7 enlarges or diminishes the responsibility or authority of ,states with respect to fish and wildlife management4