,in the ,senate of the ,united ,states1 ,january #i1 #bjbj4 ,amendments3 ,that the bill from the ,house of ,representatives 7,h4,r4 #ibe7 entitled ,an ,act to extend the authorization of appropriations for allocation to carry out approved wetlands conservation projects under the ,north ,american ,wetlands ,conservation ,act through fiscal year #bjbd41 do pass with the following ,strike all after the enacting clause and insert the following3 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,america's ,conservation ,enhancement ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,wildlife ,enhancement1 ,disease1 and ,predation,sec4 #aja4 ,theodore ,roosevelt ,genius ,prize for reducing human-predator conflict4,sec4 #ajb4 ,losses of livestock due to depredation by federally protected species4,sec4 #ajc4 ,depredation permits for black vultures and common ravens4,sec4 #ajd4 ,chronic ,wasting ,disease ,task ,force4,sec4 #aje4 ,invasive species4,sec4 #ajf4 ,north ,american ,wetlands ,conservation ,act4,sec4 #ajg4 ,national ,fish and ,wildlife ,foundation ,establishment ,act4,sec4 #ajh4 ,modification of definition of sport fishing equipment under ,toxic ,substances ,control ,act4,sec4 #aji4 ,reauthorization of ,chesapeake ,bay ,program4,sec4 #aaj4 ,reauthorization of ,chesapeake ,bay ,initiative ,act of #aiih4,sec4 #aaa4 ,chesapeake watershed investments for landscape defense4,,title ,,ii--,national ,fish ,habitat ,conservation ,through ,partnerships,sec4 #bja4 ,purpose4,sec4 #bjb4 ,definitions4,sec4 #bjc4 ,national ,fish ,habitat ,board4,sec4 #bjd4 ,fish ,habitat ,partnerships4,sec4 #bje4 ,fish ,habitat ,conservation ,projects4,sec4 #bjf4 ,technical and scientific assistance4,sec4 #bjg4 ,coordination with ,states and ,indian ,tribes4,sec4 #bjh4 ,interagency ,operational ,plan4,sec4 #bji4 ,accountability and reporting4,sec4 #baj4 ,effect of this title4,sec4 #baa4 ,nonapplicability of ,federal ,advisory ,committee ,act4,sec4 #bab4 ,funding4,sec4 #bac4 ,prohibition against implementation of regulatory authority by ,federal agencies through ,partnerships4,,title ,,iii--,miscellaneous,sec4 #cja4 ,sense of the ,senate regarding conservation agreements and activities4,sec4 #cjb4 ,study to review conservation factors4,sec4 #cjc4 ,study and report on expenditures4,sec4 #cjd4 ,use of value of land for cost sharing4 ,i ,wildlife ,enhancement1 ,disease1 and ,predation #aja4 ,theodore ,roosevelt ,genius ,prize for reducing human-predator conflict 7a7 ,in general ,section #gjja7;d7 of the ,john ,d4 ,dingell1 ,jr4 ,conservation1 ,management1 and ,recreation ,act 7#af ,u4,s4,c4 #gdb;b note2 ,public ,law #aaf-i7 is amended-- 7#a7 in paragraphs 7#b77;,c77v71 7#c77;,c77v71 7#d77;,c77v71 7#e77;,c77v71 and 7#f77;,c77v71 by striking paragraph 7#g77;,a7 each place it appears and inserting paragraph 7#h77;,a72 7#b7 in paragraphs 7#b77;,d77ii71 7#b77;,f77ii71 7#c77;,d77ii71 7#c77;,f77ii71 7#d77;,d77ii71 7#d77;,f77ii71 7#e77;,d77ii71 7#e77;,f77ii71 7#f77;,d77ii71 and 7#f77;,f77ii7 by striking paragraph 7#g77;,b7 each place it appears and inserting paragraph 7#h77;,b72 7#c7 in paragraph 7#f77;,c77iv71 in the matter preceding clause 7i71 by striking subparagraph 7,c7 and inserting clause 7iii72 7#d7 by redesignating paragraph 7#g7 as paragraph 7#h72 7#e7 by inserting after paragraph 7#f7 the following3 7#g7 ,theodore ,roosevelt ,genius ,prize for reducing human-predator conflict 7,a7 ,definitions ,in this paragraph3 7i7 ,board ,the term ,board means the ,reducing ,human-,predator ,conflict ,technology ,advisory ,board established by subparagraph 7,c77i74 7ii7 ,prize competition ,the term prize competition means the ,theodore ,roosevelt ,genius ,prize for reducing human-predator conflict established under subparagraph 7,b74 7,b7 ,authority ,not later than #ahj days after the date of enactment of the ,america's ,conservation ,enhancement ,act1 the ,secretary shall establish under section #bd of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgai7 a prize competition1 to be known as the ,theodore ,roosevelt ,genius ,prize for reducing human-predator conflict-- 7i7 to encourage technological innovation with the potential to advance the mission of the ,united ,states ,fish and ,wildlife ,service with respect to reducing the frequency of human-predator conflict using nonlethal means2 and 7ii7 to award #a or more prizes annually for a technological advancement that promotes reducing human-predator conflict using nonlethal means1 which may include the application and monitoring of tagging technologies4 7,c7 ,advisory board 7i7 ,establishment ,there is established an advisory board1 to be known as the ,reducing ,human-,predator ,conflict ,technology ,advisory ,board4 7ii7 ,composition ,the ,board shall be composed of not fewer than #i members appointed by the ,secretary1 who shall provide expertise in-- 7,i7 predator-human interactions2 7,,ii7 the habitats of large predators2 7,,iii7 biology2 7,,iv7 technology development2 7,v7 engineering2 7,,vi7 economics2 7,,vii7 business development and management2 and 7,,viii7 any other discipline1 as the ,secretary determines to be necessary to achieve the purposes of this paragraph4 7iii7 ,duties ,subject to clause 7iv71 with respect to the prize competition1 the ,board shall-- 7,i7 select a topic2 7,,ii7 issue a problem statement2 7,,iii7 advise the ,secretary regarding any opportunity for technological innovation to reduce human-predator conflict using nonlethal means2 and 7,,iv7 advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields1 including in partnership with conservation organizations1 ,federal or ,state agencies1 federally recognized ,indian ,tribes1 private entities1 and research institutions with expertise or interest relating to reducing human-predator conflict using nonlethal means4 7iv7 ,consultation ,in selecting a topic and issuing a problem statement for the prize competition under subclauses 7,i7 and 7,,ii7 of clause 7iii71 respectively1 the ,board shall consult widely with ,federal and non-,federal stakeholders1 including-- 7,i7 #a or more ,federal agencies with jurisdiction over the management of native wildlife species at risk due to conflict with human activities2 7,,ii7 #a or more ,state agencies with jurisdiction over the management of native wildlife species at risk due to conflict with human activities2 7,,iii7 #a or more ,state1 regional1 or local wildlife organizations1 the mission of which relates to the management of native wildlife species at risk due to conflict with human activities2 and 7,,iv7 #a or more wildlife conservation groups1 technology companies1 research institutions1 institutions of higher education1 industry associations1 or individual stakeholders with an interest in the management of native wildlife species at risk due to conflict with human activities4 7v7 ,requirements ,the ,board shall comply with all requirements under paragraph 7#h77;,a74 7,d7 ,agreement with ,national ,fish and ,wildlife ,foundation 7i7 ,in general ,the ,secretary shall offer to enter into an agreement under which the ,national ,fish and ,wildlife ,foundation shall administer the prize competition4 7ii7 ,requirements ,an agreement entered into under clause 7i7 shall comply with all requirements under paragraph 7#h77;,b74 7,e7 ,judges 7i7 ,appointment ,the ,secretary shall appoint not fewer than #c judges who shall1 except as provided in clause 7ii71 select the #a or more annual winners of the prize competition4 7ii7 ,determination by ,secretary ,the judges appointed under clause 7i7 shall not select any annual winner of the prize competition if the ,secretary makes a determination that1 in any fiscal year1 none of the technological advancements entered into the prize competition merits an award4 7,f7 ,consultation with ,,noaa ,the ,secretary shall consult with the ,secretary of ,commerce1 acting through the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 in the case of a cash prize awarded under the prize competition for a technology that addresses conflict between marine predators under the jurisdiction of the ,secretary of ,commerce1 acting through the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 and humans4 7,g7 ,report to ,congress ,not later than #fj days after the date on which a cash prize is awarded under this paragraph1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report on the prize competition that includes-- 7i7 a statement by the ,board that describes the activities carried out by the ,board relating to the duties described in subparagraph 7,c77iii72 7ii7 if the ,secretary has entered into an agreement under subparagraph 7,d77i71 a statement by the ,national ,fish and ,wildlife ,foundation that describes the activities carried out by the ,national ,fish and ,wildlife ,foundation relating to the duties described in paragraph 7#h77;,b72 and 7iii7 a statement by #a or more of the judges appointed under subparagraph 7,e7 that explains the basis on which the winner of the cash prize was selected4 7,h7 ,termination of authority ,the ,board and all authority provided under this paragraph shall terminate on ,december #ca1 #bjbc4 2 and 7#f7 in paragraph 7#h7 7as so redesignated7-- 7,a7 in subparagraph 7,a71 in the matter preceding clause 7i71 by striking or 7#f77;,c77i7 and inserting 7#f77;,c77i71 or 7#g77;,c77i72 and 7,b7 in subparagraph 7,b7-- 7i7 in the matter preceding clause 7i71 by striking or 7#f77;,d77i7 and inserting 7#f77;,d77i71 or 7#g77;,d77i72 and 7ii7 in clause 7i77,,vii71 by striking and 7#f77;,e7 and inserting 7#f77;,e71 and 7#g77;,e74 7b7 ,sense of ,congress ,it is the sense of ,congress that data collected from the tagging of predators can inform innovative management of those predators and innovative education activities to minimize human-predator conflict4 #ajb4 ,losses of livestock due to depredation by federally protected species 7a7 ,definitions ,in this section3 7#a7 ,depredation 7,a7 ,in general ,the term depredation means actual death1 injury1 or destruction of livestock that is caused by a federally protected species4 7,b7 ,exclusions ,the term depredation does not include damage to real or personal property other than livestock1 including-- 7i7 damage to-- 7,i7 other animals2 7,,ii7 vegetation2 7,,iii7 motor vehicles2 or 7,,iv7 structures2 7ii7 diseases2 7iii7 lost profits2 or 7iv7 consequential damages4 7#b7 ,federally protected species ,the term federally protected species means a species that is or previously was protected under-- 7,a7 the ,act of ,june #h1 #aidj 7commonly known as the ,bald and ,golden ,eagle ,protection ,act7 7#ed ,stat4 #bej1 chapter #bgh2 #af ,u4,s4,c4 #ffh et seq472 7,b7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 or 7,c7 the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq474 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 #ecjd74 7#d7 ,livestock 7,a7 ,in general ,the term livestock means horses1 mules and asses1 rabbits1 llamas1 cattle1 bison1 swine1 sheep1 goats1 poultry1 bees1 honey and beehives1 or any other animal generally used for food or in the production of food or fiber4 7,b7 ,inclusion ,the term livestock includes guard animals actively engaged in the protection of livestock described in subparagraph 7,a74 7#e7 ,program ,the term program means the grant program established under subsection 7b77#a74 7#f7 ,secretaries ,the term ,secretaries means-- 7,a7 the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service2 and 7,b7 the ,secretary of ,agriculture1 acting through the ,administrator of the ,animal and ,plant ,health ,inspection ,service4 7b7 ,grant program for losses of livestock due to depredation by federally protected species 7#a7 ,in general ,the ,secretaries shall establish a program to provide grants to ,states and ,indian tribes to supplement amounts provided by ,states1 ,indian tribes1 or ,state agencies under #a or more programs established by the ,states and ,indian tribes 7including programs established after the date of enactment of this ,act7-- 7,a7 to assist livestock producers in carrying out-- 7i7 proactive and nonlethal activities to reduce the risk of livestock loss due to depredation by federally protected species occurring on-- 7,i7 ,federal1 ,state1 or private land within the applicable ,state2 or 7,,ii7 land owned by1 or held in trust for the benefit of1 the applicable ,indian tribe2 and 7ii7 research relating to the activities described in clause 7i72 and 7,b7 to compensate livestock producers for livestock losses due to depredation by federally protected species occurring on-- 7i7 ,federal1 ,state1 or private land within the applicable ,state2 or 7ii7 land owned by1 or held in trust for the benefit of1 the applicable ,indian tribe4 7#b7 ,allocation of funding 7,a7 ,reports to the ,secretaries ,not later than ,september #cj of each year1 a ,state or ,indian tribe desiring to receive a grant under the program shall submit to the ,secretaries a report describing1 for the #a-year period ending on that ,september #cj1 the losses of livestock due to depredation by federally protected species occurring on-- 7i7 ,federal1 ,state1 or private land within the applicable ,state2 or 7ii7 land owned by1 or held in trust for the benefit of1 the applicable ,indian tribe4 7,b7 ,allocation ,the ,secretaries shall allocate available funding to carry out this ,act among ,states and ,indian tribes for a #a-year period ending on ,september #cj based on the losses described in the reports submitted for the previous #a-year period ending on ,september #cj under subparagraph 7,a74 7#c7 ,eligibility ,to be eligible to receive a grant under paragraph 7#a71 a ,state or ,indian tribe shall-- 7,a7 designate an appropriate agency of the ,state or ,indian tribe to administer the #a or more programs supplemented by the grant funds2 7,b7 establish #a or more accounts to receive grant funds2 7,c7 maintain files of all claims received and paid under grant-funded programs1 including supporting documentation2 and 7,d7 submit to the ,secretaries-- 7i7 annual reports that include-- 7,i7 a summary of claims and expenditures under the program during the year2 and 7,,ii7 a description of any action taken on the claims2 and 7ii7 such other reports as the ,secretaries may require to assist the ,secretaries in determining the effectiveness of assisted activities under this section4 7c7 ,sense of the ,senate ,it is the sense of the ,senate that-- 7#a7 no ,state or ,indian tribe is required to participate in the program2 and 7#b7 the program supplements1 and does not replace or supplant1 any ,state compensation programs for depredation4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ae1jjj1jjj for each of fiscal years #bjba through #bjbe1 of which-- 7#a7 #e1jjj1jjj shall be used to provide grants for the purposes described in subsection 7b77#a77;,a72 and 7#b7 #aj1jjj1jjj shall be used to provide grants for the purpose described in subsection 7b77#a77;,b74 #ajc4 ,depredation permits for black vultures and common ravens 7a7 ,in general ,the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service 7referred to in this section as the ,secretary71 may issue depredation permits to livestock producers authorizing takings of black vultures or common ravens otherwise prohibited by ,federal law to prevent those vultures or common ravens from taking livestock during the calving season or lambing season4 7b7 ,limited to affected ,states or regions ,the ,secretary may issue permits under subsection 7a7 only to livestock producers in ,states and regions in which livestock producers are affected or have been affected in the previous year by black vultures or common ravens1 as determined by ,secretary4 7c7 ,reporting ,the ,secretary shall require1 as a condition of a permit under subsection 7a71 that the permit holder shall report to the appropriate enforcement agencies the takings of black vultures or common ravens pursuant to the permit4 #ajd4 ,chronic ,wasting ,disease ,task ,force 7a7 ,definition of chronic wasting disease ,in this section1 the term chronic wasting disease means the animal disease afflicting 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 7b7 ,establishment 7#a7 ,in general ,there is established within the ,united ,states ,fish and ,wildlife ,service a task force1 to be known as the ,chronic ,wasting ,disease ,task ,force 7referred to in this subsection as the ,task ,force74 7#b7 ,duties ,the ,task ,force shall-- 7,a7 collaborate with foreign governments to share research1 coordinate efforts1 and discuss best management practices to reduce1 minimize1 prevent1 or eliminate chronic wasting disease in the ,united ,states2 7,b7 develop recommendations1 including recommendations based on findings of the study conducted under subsection 7c71 and a set of best practices regarding-- 7i7 the interstate coordination of practices to prevent the new introduction of chronic wasting disease2 7ii7 the prioritization and coordination of the future study of chronic wasting disease1 based on evolving research needs2 7iii7 ways to leverage the collective resources of ,federal1 ,state1 and local agencies1 ,indian ,tribes1 and foreign governments1 and resources from private1 nongovernmental entities1 to address chronic wasting disease in the ,united ,states and along the borders of the ,united ,states2 and 7iv7 any other area where containment or management efforts relating to chronic wasting disease may differ across jurisdictions2 7,c7 draw from existing and future academic and management recommendations to develop an interstate action plan under which ,states and the ,united ,states ,fish and ,wildlife ,service agree to enact consistent management1 educational1 and research practices relating to chronic wasting disease2 and 7,d7 facilitate the creation of a cooperative agreement by which ,states and relevant ,federal agencies agree to commit funds to implement best practices described in the interstate action plan developed under subparagraph 7,c74 7#c7 ,membership 7,a7 ,in general ,the ,task ,force shall be composed of-- 7i7 #a representative of the ,united ,states ,fish and ,wildlife ,service with experience in chronic wasting disease1 to be appointed by the ,secretary of the ,interior 7referred to in this subsection as the ,secretary72 7ii7 #a representative of the ,united ,states ,geological ,survey2 7iii7 #b representatives of the ,department of ,agriculture with experience in chronic wasting disease1 to be appointed by the ,secretary of ,agriculture-- 7,i7 #a of whom shall have expertise in research2 and 7,,ii7 #a of whom shall have expertise in wildlife management2 7iv7 in the case of each ,state in which chronic wasting disease among elk1 mule deer1 white-tailed deer1 or moose has been reported to the appropriate ,state agency1 not more than #b representatives1 to be nominated by the ,governor of the ,state-- 7,i7 not more than #a of whom shall be a representative of the ,state agency with jurisdiction over wildlife management or wildlife disease in the ,state2 and 7,,ii7 in the case of a ,state with a farmed cervid program or economy1 not more than #a of whom shall be a representative of the ,state agency with jurisdiction over farmed cervid regulation in the ,state2 7v7 in the case of each ,state in which chronic wasting disease among elk1 mule deer1 white-tailed deer1 or moose has not been documented1 but that has carried out measures to prevent the introduction of chronic wasting disease among those species1 not more than #b representatives1 to be nominated by the ,governor of the ,state2 7vi7 not more than #b representatives from an ,indian tribe or tribal organization chosen in a process determined1 in consultation with ,indian tribes1 by the ,secretary2 and 7vii7 not more than #e nongovernmental members with relevant expertise appointed1 after the date on which the members are first appointed under clauses 7i7 through 7vi71 by a majority vote of the ,state representatives appointed under clause 7iv74 7,b7 ,effect ,nothing in this paragraph requires a ,state to participate in the ,task ,force4 7#d7 ,co-chairs ,the ,co-,chairs of the ,task ,force shall be-- 7,a7 the ,federal representative described in paragraph 7#c77;,a77i72 and 7,b7 #a ,state representative appointed under paragraph 7#c77;,a77iv71 to be selected by a majority vote of those ,state representatives4 7#e7 ,date of initial appointment 7,a7 ,in general ,the members of the ,task ,force shall be appointed not later than #ahj days after the date on which the study is completed under subsection 7c74 7,b7 ,notification ,on appointment of the members of the ,task ,force1 the ,co-,chairs of the ,task ,force shall notify the ,chairs and ,ranking ,members of the ,committees on ,environment and ,public ,works of the ,senate and ,natural ,resources of the ,house of ,representatives4 7#f7 ,vacancies ,any vacancy in the members appointed to the ,task ,force-- 7,a7 shall not affect the power or duty of the ,task ,force2 and 7,b7 shall be filled not later than #cj days after the date of the vacancy4 7#g7 ,meetings ,the ,task ,force shall convene-- 7,a7 not less frequently than twice each year2 and 7,b7 at such time and place1 and by such means1 as the ,co-,chairs of the ,task ,force determine to be appropriate1 which may include the use of remote conference technology4 7#h7 ,interstate action plan 7,a7 ,in general ,not later than #a year after the date on which the members of the ,task ,force are appointed1 the ,task ,force shall submit to the ,secretary1 and the heads of the ,state agencies with jurisdiction over wildlife disease and farmed cervid regulation of each ,state with a representative on the ,task ,force1 the interstate action plan developed by the ,task ,force under paragraph 7#b77;,c74 7,b7 ,cooperative agreements 7i7 ,in general ,to the maximum extent practicable1 the ,secretary1 any other applicable ,federal agency1 and each applicable ,state shall enter into a cooperative agreement to fund necessary actions under the interstate action plan submitted under subparagraph 7,a74 7ii7 ,target date ,the ,secretary shall make the best effort of the ,secretary to enter into any cooperative agreement under clause 7i7 not later than #ahj days after the date of submission of the interstate action plan under subparagraph 7,a74 7,c7 ,matching funds 7i7 ,in general ,subject to clause 7ii71 for each fiscal year1 the ,united ,states ,fish and ,wildlife ,service shall provide funds to carry out an interstate action plan through a cooperative agreement under subparagraph 7,b7 in the amount of funds provided by the applicable ,states4 7ii7 ,limitation ,the amount provided by the ,united ,state ,fish and ,wildlife ,service under clause 7i7 for a fiscal year shall be not greater than #e1jjj1jjj4 7#i7 ,reports ,not later than ,september #cj of the first full fiscal year after the date on which the first members of the ,task ,force are appointed1 and each ,september #cj thereafter1 the ,task ,force shall submit to the ,secretary1 and the heads of the ,state agencies with jurisdiction over wildlife disease and farmed cervid regulation of each ,state with a representatives on the ,task ,force1 a report describing-- 7,a7 progress on the implementation of actions identified in the interstate action plan submitted under paragraph 7#h77;,a71 including the efficacy of funding under the cooperative agreement entered into under paragraph 7#h77;,b72 7,b7 updated resource requirements that are needed to reduce and eliminate chronic wasting disease in the ,united ,states2 7,c7 any relevant updates to the recommended best management practices included in the interstate action plan submitted under paragraph 7#h77;,b7 to reduce or eliminate chronic wasting disease2 7,d7 new research findings and emerging research needs relating to chronic wasting disease2 and 7,e7 any other relevant information4 7c7 ,chronic wasting disease transmission in cervidae resource study 7#a7 ,definitions ,in this subsection3 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 ,secretaries ,the term ,secretaries means the ,secretary of ,agriculture1 acting through the ,administrator of the ,animal and ,plant ,health ,inspection ,service1 and the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,geological ,survey1 acting jointly4 7#b7 ,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 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 ,states4 7,b7 ,requirements ,the arrangement under subparagraph 7,a7 shall provide that the actual expenses incurred by the ,academy in conducting the study under subparagraph 7,a7 shall be paid by the ,secretaries1 subject to the availability of appropriations4 7#c7 ,contents of the study ,the study under paragraph 7#b7 shall-- 7,a7 with respect to wild1 captive1 and farmed populations of cervids in the ,united ,states1 identify-- 7i7 7,i7 the pathways and mechanisms for the transmission of chronic wasting disease within live cervid populations and cervid products1 which may include pathways and mechanisms for transmission from ,canada2 7,,ii7 the infection rates for each pathway and mechanism identified under subclause 7,i72 and 7,,iii7 the relative frequency of transmission of each pathway and mechanism identified under subclause 7,i72 7ii7 7,i7 anthropogenic and environmental factors contributing to new chronic wasting disease emergence events2 7,,ii7 the development of geographical areas with increased chronic wasting disease prevalence2 and 7,,iii7 the overall geographical patterns of chronic wasting disease distribution2 7iii7 significant gaps in current scientific knowledge regarding the transmission pathways and mechanisms identified under clause 7i77,i7 and potential prevention1 detection1 and control methods identified under clause 7v72 7iv7 for prioritization the scientific research projects that will address the knowledge gaps identified under clause 7iii71 based on the likelihood that a project will contribute significantly to the prevention or control of chronic wasting disease2 and 7v7 potential prevention1 detection1 or control measures1 practices1 or technologies to be used to mitigate the transmission and spread of chronic wasting disease in wild1 captive1 and farmed populations of cervids in the ,united ,states2 7,b7 assess the effectiveness of the potential prevention1 detection1 or control measures1 practices1 or technologies identified under subparagraph 7,a77v72 and 7,c7 review and compare science-based best practices1 standards1 and guidance regarding the prevention1 detection1 and management of chronic wasting disease in wild1 captive1 and farmed populations of cervids in the ,united ,states that 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 7iii7 ,state wildlife and agricultural agencies1 in the case of practices1 standards1 and guidance that 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 ,states2 and 7iv7 industry or academia1 in the case of any published guidance on practices that provide practical1 science-based recommendations to cervid producers for minimizing or eliminating the risk of transmission of chronic wasting disease within or between herds4 7#d7 ,deadline ,the study under paragraph 7#b7 shall be completed not later than #ahj days after the date on which funds are first made available for the study4 7#e7 ,data sharing ,the ,secretaries shall share with the ,academy1 as necessary to conduct the study under paragraph 7#b71 subject to the avoidance of a violation of a privacy or confidentiality requirement and the protection of confidential or privileged commercial1 financial1 or proprietary information1 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 7#f7 ,report ,not later than #fj days after the date of completion of the study1 the ,secretaries shall submit to the ,committee on ,agriculture1 ,nutrition1 and ,forestry1 the ,committee on ,energy and ,natural ,resources1 and the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,agriculture and the ,committee on ,natural ,resources of the ,house of ,representatives a report that describes-- 7,a7 the findings of the study2 and 7,b7 any conclusions and recommendations that the ,secretaries determine to be appropriate4 7d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7#a7 for the period of fiscal years #bjba through #bjbe1 #e1jjj1jjj to the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service1 to carry out administrative activities under subsection 7b72 7#b7 for fiscal year #bjba1 #a1bjj1jjj to the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,geological ,survey1 to carry out activities to fund research under subsection 7c72 and 7#c7 for fiscal year #bjba1 #a1bjj1jjj to the ,secretary of ,agriculture1 acting through the ,administrator of the ,animal and ,plant ,health ,inspection ,service1 to carry out activities to fund research under subsection 7c74 #aje4 ,invasive species ,section #aj of the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #fff;c-#a7 is amended-- 7#a7 in subsection 7c77#b7-- 7,a7 in subparagraph 7,a7-- 7i7 by redesignating clauses 7i7 and 7ii7 as clauses 7ii7 and 7iii71 respectively2 and 7ii7 by inserting before clause 7ii7 7as so redesignated7 the following3 7i7 relevant ,federal agencies2 2 7,b7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,c7 and 7,d71 respectively2 and 7,c7 by inserting after subparagraph 7,a7 the following3 7,b7 in consultation with stakeholders1 including nongovernmental organizations and industry2 2 and 7#b7 by adding at the end the following3 7p7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section for each of fiscal years #bjba through #bjbe-- 7#a7 #b1ejj1jjj to the ,secretary of the ,army1 acting through the ,chief of ,engineers2 and 7#b7 #b1ejj1jjj to the ,secretary of the ,interior4 4 #ajf4 ,north ,american ,wetlands ,conservation ,act ,section #g7;c7 of the ,north ,american ,wetlands ,conservation ,act 7#af ,u4,s4,c4 #ddjf7;c77 is amended by striking not to exceed-- in the matter preceding paragraph 7#a7 and all that follows through paragraph 7#e7 and inserting not to exceed #fj1jjj1jjj for each of fiscal years #bjba through #bjbe44 #ajg4 ,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 ,appointment of directors ,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 by striking 7c7 ,powers4--,to carry out its purposes under and inserting the following3 7c7 ,powers 7#a7 ,in general ,to carry out the purposes described in 2 7,b7 by redesignating paragraphs 7#a7 through 7#aa7 as subparagraphs 7,a7 through 7,k71 respectively1 and indenting appropriately2 7,c7 in subparagraph 7,d7 7as redesignated by subparagraph 7,b771 by striking that are insured by an agency or instrumentality of the ,united ,states and inserting at #a or more financial institutions that are members of the ,federal ,deposit ,insurance ,corporation or the ,securities ,investment ,protection ,corporation2 7,d7 in subparagraph 7,e7 7as redesignated by subparagraph 7,b771 by striking paragraph 7#c7 or 7#d7 and inserting subparagraph 7,c7 or 7,d72 7,e7 in subparagraph 7,j7 7as redesignated by subparagraph 7,b771 by striking and at the end2 7,f7 by striking subparagraph 7,k7 7as redesignated by subparagraph 7,b77 and inserting the following3 7,k7 to receive and administer restitution and community service payments1 amounts for mitigation of impacts to natural resources1 and other amounts arising from legal1 regulatory1 or administrative proceedings1 subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish1 wildlife1 plants1 and other natural resources2 and 7,l7 to do acts necessary to carry out the purposes of the ,foundation4 2 and 7,g7 by striking the undesignated matter at the end and inserting the following3 7#b7 ,treatment of real property 7,a7 ,in general ,for purposes of this ,act1 an interest in real property shall be treated as including easements or other rights for preservation1 conservation1 protection1 or enhancement by and for the public of natural1 scenic1 historic1 scientific1 educational1 inspirational1 or recreational resources4 7,b7 ,encumbered real property ,a gift1 devise1 or bequest may be accepted by the ,foundation even though the gift1 devise1 or bequest is encumbered1 restricted1 or subject to beneficial interests of private persons if any current or future interest in the gift1 devise1 or bequest is for the benefit of the ,foundation4 7#c7 ,savings clause ,the acceptance and administration of amounts by the ,foundation under paragraph 7#a77,k7 does not alter1 supersede1 or limit any regulatory or statutory requirement associated with those amounts4 2 7#b7 by striking subsections 7f7 and 7g72 and 7#c7 by redesignating subsections 7h7 and 7i7 as subsections 7f7 and 7g71 respectively4 7c7 ,authorization of appropriations ,section #aj of the ,national ,fish and ,wildlife ,foundation ,establishment ,act 7#af ,u4,s4,c4 #cgji7 is amended-- 7#a7 in subsection 7a71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,there are authorized to be appropriated to carry out this ,act for each of fiscal years #bjba through #bjbe-- 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 #ajh4 ,modification of definition of sport fishing equipment under ,toxic ,substances ,control ,act ,section #c7b77;,b7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjb7b77;,b77 is amended-- 7#a7 in clause 7v71 by striking and at the end2 7#b7 in clause 7vi7 by striking the period at the end and inserting 1 and2 and 7#c7 by inserting after clause 7vi7 the following3 7vii7 any sport fishing equipment 7as such term is defined in section #dafb7;a7 of the ,internal ,revenue ,code of #aihf7 the sale of which is subject to the tax imposed by section #dafa7;a7 of such ,code 7determined without regard to any exemptions from such tax provided by section #dafb or #dbba or any other provision of such ,code71 and sport fishing equipment components4 4 #aji4 ,reauthorization of ,chesapeake ,bay ,program ,section #aag of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abfg7 is amended by striking subsection 7j7 and inserting the following3 7j7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7#a7 for fiscal year #bjbj1 #ij1jjj1jjj2 7#b7 for fiscal year #bjba1 #ij1ejj1jjj2 7#c7 for fiscal year #bjbb1 #ia1jjj1jjj2 7#d7 for fiscal year #bjbc1 #ia1ejj1jjj2 and 7#e7 for fiscal year #bjbd1 #ib1jjj1jjj4 4 #aaj4 ,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 #begi2 #acb ,stat4 #fia7 is amended by striking #bjai and inserting #bjbe4 #aaa4 ,chesapeake watershed investments for landscape defense 7a7 ,definitions ,in this section3 7#a7 ,chesapeake ,bay agreements ,the term ,chesapeake ,bay agreements means the formal1 voluntary agreements-- 7,a7 executed to achieve the goal of restoring and protecting the ,chesapeake ,bay watershed ecosystem and the living resources of the ,chesapeake ,bay watershed ecosystem2 and 7,b7 signed by the ,chesapeake ,executive ,council4 7#b7 ,chesapeake ,bay program ,the term ,chesapeake ,bay program means the program directed by the ,chesapeake ,executive ,council in accordance with the ,chesapeake ,bay agreements4 7#c7 ,chesapeake ,bay watershed ,the term ,chesapeake ,bay watershed means the region that covers-- 7,a7 the ,chesapeake ,bay2 7,b7 the portions of the ,states of ,delaware1 ,maryland1 ,new ,york1 ,pennsylvania1 ,virginia1 and ,west ,virginia that drain into the ,chesapeake ,bay2 and 7,c7 the ,district of ,columbia4 7#d7 ,chesapeake ,executive ,council ,the term ,chesapeake ,executive ,council means the council comprised of-- 7,a7 the ,governors of each of the ,states of ,delaware1 ,maryland1 ,new ,york1 ,pennsylvania1 ,virginia1 and ,west ,virginia2 7,b7 the ,mayor of the ,district of ,columbia2 7,c7 the ,chair of the ,chesapeake ,bay ,commission2 and 7,d7 the ,administrator of the ,environmental ,protection ,agency4 7#e7 ,chesapeake ,,wild program ,the term ,chesapeake ,,wild program means the nonregulatory program established by the ,secretary under subsection 7b77#a74 7#f7 ,grant program ,the term grant program means the ,chesapeake ,watershed ,investments for ,landscape ,defense grant program established by the ,secretary under subsection 7c77#a74 7#g7 ,restoration and protection activity ,the term restoration and protection activity means an activity carried out for the conservation1 stewardship1 and enhancement of habitat for fish and wildlife-- 7,a7 to preserve and improve ecosystems and ecological processes on which the fish and wildlife depend2 and 7,b7 for use and enjoyment by the public4 7#h7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service4 7b7 ,program establishment 7#a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a nonregulatory program1 to be known as the ,chesapeake ,watershed ,investments for ,landscape ,defense program4 7#b7 ,purposes ,the purposes of the ,chesapeake ,,wild program include-- 7,a7 coordinating restoration and protection activities among ,federal1 ,state1 local1 and regional entities and conservation partners throughout the ,chesapeake ,bay watershed2 7,b7 engaging other agencies and organizations to build a broader range of partner support1 capacity1 and potential funding for projects in the ,chesapeake ,bay watershed2 7,c7 carrying out coordinated restoration and protection activities1 and providing for technical assistance1 throughout the ,chesapeake ,bay watershed-- 7i7 to sustain and enhance restoration and protection activities2 7ii7 to improve and maintain water quality to support fish and wildlife1 habitats of fish and wildlife1 and drinking water for people2 7iii7 to sustain and enhance water management for volume and flood damage mitigation improvements to benefit fish and wildlife habitat2 7iv7 to improve opportunities for public access and recreation in the ,chesapeake ,bay watershed consistent with the ecological needs of fish and wildlife habitat2 7v7 to facilitate strategic planning to maximize the resilience of natural ecosystems and habitats under changing watershed conditions2 7vi7 to engage the public through outreach1 education1 and citizen involvement to increase capacity and support for coordinated restoration and protection activities in the ,chesapeake ,bay watershed2 7vii7 to sustain and enhance vulnerable communities and fish and wildlife habitat2 7viii7 to conserve and restore fish1 wildlife1 and plant corridors2 and 7ix7 to increase scientific capacity to support the planning1 monitoring1 and research activities necessary to carry out coordinated restoration and protection activities4 7#c7 ,duties ,in carrying out the ,chesapeake ,,wild program1 the ,secretary shall-- 7,a7 draw on existing plans for the ,chesapeake ,bay watershed1 or portions of the ,chesapeake ,bay watershed1 including the ,chesapeake ,bay agreements1 and work in consultation with applicable management entities1 including ,chesapeake ,bay program partners1 such as the ,federal ,government1 ,state and local governments1 the ,chesapeake ,bay ,commission1 and other regional organizations1 as appropriate1 to identify1 prioritize1 and implement restoration and protection activities within the ,chesapeake ,bay watershed2 7,b7 adopt a ,chesapeake ,bay watershed-wide strategy that-- 7i7 supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with subparagraph 7,a72 and 7ii7 targets cost-effective projects with measurable results2 and 7,c7 establish the grant program in accordance with subsection 7c74 7#d7 ,coordination ,in establishing the ,chesapeake ,,wild program1 the ,secretary shall consult1 as appropriate1 with-- 7,a7 the heads of ,federal agencies1 including-- 7i7 the ,administrator of the ,environmental ,protection ,agency2 7ii7 the ,administrator of the ,national ,oceanic and ,atmospheric ,administration2 7iii7 the ,chief of the ,natural ,resources ,conservation ,service2 7iv7 the ,chief of ,engineers2 7v7 the ,director of the ,united ,states ,geological ,survey2 7vi7 the ,secretary of ,transportation2 7vii7 the ,chief of the ,forest ,service2 and 7viii7 the head of any other applicable agency2 7,b7 the ,governors of each of the ,states of ,delaware1 ,maryland1 ,new ,york1 ,pennsylvania1 ,virginia1 and ,west ,virginia and the ,mayor of the ,district of ,columbia2 7,c7 fish and wildlife joint venture partnerships2 and 7,d7 other public agencies and organizations with authority for the planning and implementation of conservation strategies in the ,chesapeake ,bay watershed4 7c7 ,grants and technical assistance 7#a7 ,chesapeake ,wild grant program ,to the extent that funds are made available to carry out this subsection1 the ,secretary shall establish and carry out1 as part of the ,chesapeake ,,wild program1 a voluntary grant and technical assistance program1 to be known as the ,chesapeake ,watershed ,investments for ,landscape ,defense grant program1 to provide competitive matching grants of varying amounts and technical assistance to eligible entities described in paragraph 7#b7 to carry out activities described in subsection 7b77#b74 7#b7 ,eligible entities ,the following entities are eligible to receive a grant and technical assistance under the grant program3 7,a7 ,a ,state4 7,b7 ,the ,district of ,columbia4 7,c7 ,a unit of local government4 7,d7 ,a nonprofit organization4 7,e7 ,an institution of higher education4 7,f7 ,any other entity that the ,secretary determines to be appropriate in accordance with the criteria established under paragraph 7#c74 7#c7 ,criteria ,the ,secretary1 in consultation with officials and entities described in subsection 7b77#d71 shall establish criteria for the grant program to help ensure that activities funded under this subsection-- 7,a7 accomplish #a or more of the purposes described in subsection 7b77#b72 and 7,b7 advance the implementation of priority actions or needs identified in the ,chesapeake ,bay watershed-wide strategy adopted under subsection 7b77#c77;,b74 7#d7 ,cost sharing 7,a7 ,department of the ,interior share ,the ,department of the ,interior share of the cost of a project funded under the grant program shall not exceed #ej percent of the total cost of the project1 as determined by the ,secretary4 7,b7 ,non-,department of the ,interior share 7i7 ,in general ,the non-,department of the ,interior share of the cost of a project funded under the grant program may be provided in cash or in the form of an in-kind contribution of services or materials4 7ii7 ,other ,federal funding ,non-,department of the ,interior ,federal funds may be used for not more than #be percent of the total cost of a project funded under the grant program4 7#e7 ,administration ,the ,secretary may enter into an agreement to manage the grant program with an organization that offers grant management services4 7d7 ,reporting ,not later than #ahj days after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report describing the implementation of this section1 including a description of each project that has received funding under this section4 7e7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #ae1jjj1jjj for each of fiscal years #bjba through #bjbe4 7#b7 ,supplement1 not supplant ,funds made available under paragraph 7#a7 shall supplement1 and not supplant1 funding for other activities conducted by the ,secretary in the ,chesapeake ,bay watershed4 ,,ii ,national ,fish ,habitat ,conservation ,through ,partnerships #bja4 ,purpose ,the purpose of this title is to encourage partnerships among public agencies and other interested persons 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 #bjb4 ,definitions ,in this title3 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 section #bjc4 7#c7 ,director ,the term ,director means the ,director of the ,united ,states ,fish and ,wildlife ,service4 7#d7 ,environmental ,protection ,agency ,assistant ,administrator ,the term ,environmental ,protection ,agency ,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 to the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#f7 ,national ,oceanic and ,atmospheric ,administration ,assistant ,administrator ,the term ,national ,oceanic and ,atmospheric ,administration ,assistant ,administrator means the ,assistant ,administrator for ,fisheries of the ,national ,oceanic and ,atmospheric ,administration4 7#g7 ,partnership ,the term ,partnership means an entity designated by ,congress as a ,fish ,habitat ,partnership under section #bjd4 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 ,marine ,fisheries ,commissions ,the term ,marine ,fisheries ,commissions means-- 7,a7 the ,atlantic ,states ,marine ,fisheries ,commission2 7,b7 the ,gulf ,states ,marine ,fisheries ,commission2 and 7,c7 the ,pacific ,states ,marine ,commission4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#aa7 ,state ,the term ,state means each of the several ,states1 ,puerto ,rico1 ,american ,samoa1 ,guam1 the ,northern ,mariana ,islands1 the ,united ,states ,virgin ,islands1 and the ,district of ,columbia4 7#ab7 ,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 of the ,state or sustains the habitat for those fishery resources pursuant to ,state law or the constitution of the ,state4 #bjc4 ,national ,fish ,habitat ,board 7a7 ,establishment 7#a7 ,fish ,habitat ,board ,there is established a board1 to be known as the ,national ,fish ,habitat ,board1 whose duties are-- 7,a7 to promote1 oversee1 and coordinate the implementation of this title2 7,b7 to establish national goals and priorities for fish habitat conservation2 7,c7 to recommend to ,congress entities for designation as ,partnerships2 and 7,d7 to review and make recommendations regarding fish habitat conservation projects4 7#b7 ,membership ,the ,board shall be composed of #bf members1 of whom-- 7,a7 one shall be a representative of the ,department of the ,interior2 7,b7 one shall be a representative of the ,united ,states ,geological ,survey2 7,c7 one shall be a representative of the ,department of ,commerce2 7,d7 one shall be a representative of the ,department of ,agriculture2 7,e7 one shall be a representative of the ,association of ,fish and ,wildlife ,agencies2 7,f7 four shall be representatives of ,state agencies1 one 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 7,g7 two shall be representatives of either-- 7i7 ,indian ,tribes in the ,state of ,alaska2 or 7ii7 ,indian ,tribes in ,states other than the ,state of ,alaska2 7,h7 one shall be a representative of either-- 7i7 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 7ii7 a representative of the ,marine ,fisheries ,commissions2 7,i7 one shall be a representative of the ,sportfishing and ,boating ,partnership ,council2 7,j7 seven shall be representatives selected from at least one from each of the following3 7i7 the recreational sportfishing industry2 7ii7 the commercial fishing industry2 7iii7 marine recreational anglers2 7iv7 freshwater recreational anglers2 7v7 habitat conservation organizations2 and 7vi7 science-based fishery organizations2 7,k7 one shall be a representative of a national private landowner organization2 7,l7 one shall be a representative of an agricultural production organization2 7,m7 one shall be a representative of local government interests involved in fish habitat restoration2 7,n7 two shall be representatives from different sectors of corporate industries1 which may include-- 7i7 natural resource commodity interests1 such as petroleum or mineral extraction2 7ii7 natural resource user industries2 and 7iii7 industries with an interest in fish and fish habitat conservation2 and 7,o7 one 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 7b7 ,appointment and terms 7#a7 ,in general ,except as otherwise provided in this section1 a member of the ,board described in any of subparagraphs 7,f7 through 7,o7 of subsection 7a77#b7 shall serve for a term of #c years4 7#b7 ,initial board membership 7,a7 ,in general ,the initial ,board shall consist of representatives as described in subparagraphs 7,a7 through 7,f7 of subsection 7a77#b74 7,b7 ,remaining members ,not later than #fj days after the date of enactment of this ,act1 the representatives of the initial ,board under subparagraph 7,a7 shall appoint the remaining members of the ,board described in subparagraphs 7,h7 through 7,o7 of subsection 7a77#b74 7,c7 ,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 three ,tribal representatives1 from which the ,board shall appoint one representative pursuant to subparagraph 7,g7 of subsection 7a77#b74 7#c7 ,staggered terms ,of the members described in subsection 7a77#b77;,j7 initially appointed to the ,board-- 7,a7 two shall be appointed for a term of #a year2 7,b7 two shall be appointed for a term of #b years2 and 7,c7 three shall be appointed for a term of #c years4 7#d7 ,vacancies 7,a7 ,in general ,a vacancy of a member of the ,board described in subparagraph 7,h71 7,i71 7,j71 7,k71 7,l71 7,m71 7,n71 or 7,o7 of subsection 7a77#b7 shall be filled by an appointment made by the remaining members of the ,board4 7,b7 ,tribal representatives ,following a vacancy of a member of the ,board described in subparagraph 7,g7 of subsection 7a77#b71 the ,secretary shall recommend to the ,board a list of not fewer than three ,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 subparagraphs 7,h7 through 7,o7 of subparagraph 7a77#b7 misses three consecutive regularly scheduled ,board meetings1 the members of the ,board may-- 7,a7 vote to remove that member2 and 7,b7 appoint another individual in accordance with paragraph 7#d74 7c7 ,chairperson 7#a7 ,in general ,the representative of the ,association of ,fish and ,wildlife ,agencies appointed under subsection 7a77#b77;,e7 shall serve as ,chairperson of the ,board4 7#b7 ,term ,the ,chairperson of the ,board shall serve for a term of #c years4 7d7 ,meetings 7#a7 ,in general ,the ,board shall meet-- 7,a7 at the call of the ,chairperson2 but 7,b7 not less frequently than twice each calendar year4 7#b7 ,public access ,all meetings of the ,board shall be open to the public4 7e7 ,procedures 7#a7 ,in general ,the ,board shall establish procedures to carry out the business of the ,board1 including-- 7,a7 a requirement that a quorum of the members of the ,board be present to transact business2 7,b7 a requirement that no recommendations may be adopted by the ,board1 except by the vote of two-thirds of all members2 7,c7 procedures for establishing national goals and priorities for fish habitat conservation for the purposes of this title2 7,d7 procedures for designating ,partnerships under section #bjd2 and 7,e7 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 #bjd4 ,fish ,habitat ,partnerships 7a7 ,authority ,to recommend ,the ,board may recommend to ,congress the designation of ,fish ,habitat ,partnerships in accordance with this section4 7b7 ,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 populations 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 7c7 ,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 reasonably require2 and 7#b7 demonstrate to the ,board that the entity has-- 7,a7 a focus on promoting the health of important fish and fish habitats2 7,b7 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 7,c7 a self-governance structure that supports the implementation of strategic priorities for fish habitat2 7,d7 the ability to develop local and regional relationships with a broad range of entities to further strategic priorities for fish and fish habitat2 7,e7 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 7,f7 the ability to develop and implement fish habitat conservation projects that address strategic priorities of the ,partnership and the ,board2 and 7,g7 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 7d7 ,requirements for recommendation to ,congress ,the ,board may recommend to ,congress for designation an application for a ,partnership submitted under subsection 7c7 if the ,board determines that the applicant-- 7#a7 meets the criteria described in subsection 7c77#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 coral reefs1 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-- 7,a7 reflects the range of all partners2 and 7,b7 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 declines 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 7e7 ,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-- 7,a7 identifies each entity that-- 7i7 meets the requirements described in subsection 7d72 and 7ii7 the ,board recommends to ,congress for designation as a ,partnership2 7,b7 describes any proposed modifications to a ,partnership previously designated by ,congress under subsection 7f72 7,c7 with respect to each entity recommended for designation as a ,partnership1 describes1 to the maximum extent practicable-- 7i7 the purpose of the recommended ,partnership2 and 7ii7 how the recommended ,partnership fulfills the requirements described in subsection 7d74 7#b7 ,public availability2 notification ,the ,board shall-- 7,a7 make the report publicly available1 including on the internet2 and 7,b7 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 7f7 ,designation or modification of ,partnership ,congress shall have the exclusive authority to designate or modify a ,partnership4 7g7 ,existing ,partnerships 7#a7 ,designation review ,not later than #e years after the date of enactment of this ,act1 any partnership receiving ,federal funds as of the date of enactment of this ,act shall be subject to a designation review by ,congress in which ,congress shall have the opportunity to designate the partnership under subsection 7f74 7#b7 ,ineligibility for ,federal funds ,a partnership referred to in paragraph 7#a7 that ,congress does not designate as described in that paragraph shall be ineligible to receive ,federal funds under this title4 #bje4 ,fish ,habitat ,conservation ,projects 7a7 ,submission to ,board ,not later than ,march #ca of each 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 title4 7b7 ,recommendations by ,board ,not later than ,july #a of each year1 the ,board shall submit to the ,secretary a priority list of fish habitat conservation projects that includes a description1 including estimated costs1 of each project that the ,board recommends that the ,secretary approve and fund under this title for the following fiscal year4 7c7 ,criteria for project selection ,the ,board shall select each fish habitat conservation project recommended to the ,secretary under subsection 7b7 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-- 7,a7 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 title2 7,b7 addresses the national priorities established by the ,board2 7,c7 is supported by the findings of the habitat assessment of the ,partnership or the ,board1 and aligns or is compatible with other conservation plans2 7,d7 identifies appropriate monitoring and evaluation measures and criteria that are compatible with national measures2 7,e7 provides a well-defined budget linked to deliverables and outcomes2 7,f7 leverages other funds to implement the project2 7,g7 addresses the causes and processes behind the decline of fish or fish habitats2 and 7,h7 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 subsection 7e74 7#e7 ,the extent to which the fish habitat conservation project-- 7,a7 will increase fish populations in a manner that leads to recreational fishing opportunities for the public2 7,b7 will be carried out through a cooperative agreement among ,federal1 ,state1 and local governments1 ,indian ,tribes1 and private entities2 7,c7 increases public access to land or water for fish and wildlife-dependent recreational opportunities2 7,d7 advances the conservation of fish and wildlife species that have been identified by a ,state agency as species of greatest conservation need2 7,e7 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 7,f7 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 7d7 ,limitations 7#a7 ,requirements for evaluation ,no fish habitat conservation project may be recommended by the ,board under subsection 7b7 or provided financial assistance under this title unless the fish habitat conservation project includes an evaluation plan designed using applicable ,board guidance-- 7,a7 to appropriately assess the biological1 ecological1 or other results of the habitat protection1 restoration1 or enhancement activities carried out using the assistance2 7,b7 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 7,c7 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 7,d7 to require the submission to the ,board of a report describing the findings of the assessment4 7#b7 ,acquisition authorities 7,a7 ,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 title if the acquisition ensures-- 7i7 public access for fish and wildlife-dependent recreation2 or 7ii7 a scientifically based1 direct enhancement to the health of fish and fish populations1 as determined by the ,board4 7,b7 ,state agency approval 7i7 ,in general ,all real property interest acquisition projects funded under this title must be approved by the ,state agency in the ,state in which the project is occurring4 7ii7 ,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 7,c7 ,assessment of other authorities ,the ,board may not recommend1 and the ,secretary may not provide any funding under this title for1 any real property interest acquisition unless the ,partnership that recommended the project has conducted 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 7,d7 ,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 entity conducted with funds provided under this title1 unless-- 7i7 the owner of the real property authorizes the ,state1 local government1 or other non-,federal entity to acquire the real property2 and 7ii7 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 7e7 ,non-,federal contributions 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#d71 no fish habitat conservation project may be recommended by the ,board under subsection 7b7 or provided financial assistance under this title 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 ,such non-,federal share of the cost of a fish habitat conservation project-- 7,a7 may not be derived from another ,federal grant program2 and 7,b7 may include in-kind contributions and cash4 7#c7 ,special rule for ,indian ,tribes ,notwithstanding paragraph 7#a7 or any other provision of law1 any funds made available to an ,indian ,tribe pursuant to this title may be considered to be non-,federal funds for the purpose of paragraph 7#a74 7#d7 ,waiver authority ,the ,secretary1 in consultation with the ,secretary of ,commerce with respect to marine or estuarine projects1 may waive the application of paragraph 7#b77;,a7 with respect to a ,state or an ,indian ,tribe1 or otherwise reduce the portion of the non-,federal share of the cost of an activity required to be paid by a ,state or an ,indian ,tribe under paragraph 7#a71 if the ,secretary determines that the ,state or ,indian ,tribe does not have sufficient funds not derived from another ,federal grant program to pay such non-,federal share1 or portion of the non-,federal share1 without the use of loans4 7f7 ,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 subsection 7b71 and subject to subsection 7d7 and based1 to the maximum extent practicable1 on the criteria described in subsection 7c71 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 paragraph 7#a71 the ,secretary shall use amounts made available to carry out this title to provide funds to carry out the fish habitat conservation project4 7#c7 ,notification ,if the ,secretary rejects under paragraph 7#a7 any fish habitat conservation project recommended by the ,board1 not later than #ij 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 #bjf4 ,technical and scientific assistance 7a7 ,in general ,the ,director1 the ,national ,oceanic and ,atmospheric ,administration ,assistant ,administrator1 the ,environmental ,protection ,agency ,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 ,partnerships1 participants in fish habitat conservation projects1 and the ,board4 7b7 ,inclusions ,scientific and technical assistance provided under subsection 7a7 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 #bjg4 ,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 title1 including notification1 by not later than #cj days before the date on which the activity is implemented4 #bjh4 ,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 ,national ,oceanic and ,atmospheric ,administration ,assistant ,administrator1 the ,environmental ,protection ,agency ,assistant ,administrator1 the ,director of the ,united ,states ,geological ,survey1 and the heads of other appropriate ,federal departments and agencies 7including1 at a minimum1 those agencies represented on the ,board7 shall develop an interagency operational plan that describes-- 7#a7 the functional1 operational1 technical1 scientific1 and general staff1 administrative1 and material needs for the implementation of this title2 and 7#b7 any interagency agreements between or among ,federal departments and agencies to address those needs4 #bji4 ,accountability and reporting 7a7 ,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 title4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include-- 7,a7 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 under this title during the #e-year period ending on the date of submission of the report2 7,b7 a description of the public access to fish habitats established or improved under this title during that #e-year period2 7,c7 a description of the improved opportunities for public recreational fishing achieved under this title2 and 7,d7 an assessment of the status of fish habitat conservation projects carried out with funds provided under this title during that period1 disaggregated by year1 including-- 7i7 a description of the fish habitat conservation projects recommended by the ,board under section #bje7;b72 7ii7 a description of each fish habitat conservation project approved by the ,secretary under section #bje7;f71 in order of priority for funding2 7iii7 a justification for-- 7,i7 the approval of each fish habitat conservation project2 and 7,,ii7 the order of priority for funding of each fish habitat conservation project2 7iv7 a justification for any rejection of a fish habitat conservation project recommended by the ,board under section #bje7;b7 that was based on a factor other than the criteria described in section #bje7;c72 and 7v7 an accounting of expenditures by ,federal1 ,state1 or local governments1 ,indian ,tribes1 or other entities to carry out fish habitat conservation projects under this title4 7b7 ,status and trends report ,not later than ,december #ca1 #bjba1 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 title2 7#b7 a description of the status of fish habitats in the ,united ,states as identified by designated ,partnerships2 and 7#c7 enhancements or reductions in public access as a result of-- 7,a7 the activities of the ,partnerships2 or 7,b7 any other activities carried out pursuant to this title4 #baj4 ,effect of this title 7a7 ,water rights ,nothing in this title-- 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 7b7 ,authority ,to acquire water rights or rights to property ,only a ,state1 local government1 or other non-,federal entity may acquire1 under ,state law1 water rights or rights to property with funds made available through section #bab4 7c7 ,state authority ,nothing in this title-- 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 7d7 ,effect on ,indian ,tribes ,nothing in this title 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 7e7 ,adjudication of water rights ,nothing in this title diminishes or affects the ability of the ,secretary to join an adjudication of rights to the use of water pursuant to subsection 7a71 7b71 or 7c7 of section #bjh of the ,departments of ,state1 ,justice1 ,commerce1 and ,the ,judiciary ,appropriation ,act1 #aiec 7#dc ,u4,s4,c4 #fff74 7f7 ,department of ,commerce authority ,nothing in this title 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 7g7 ,effect on other authorities 7#a7 ,private property protection ,nothing in this title permits the use of funds made available to carry out this title to acquire real property or a real property interest without the written consent of each owner of the real property or real property interest1 respectively4 7#b7 ,mitigation ,nothing in this title authorizes the use of funds made available to carry out this title for fish and wildlife mitigation purposes under-- 7,a7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7,b7 the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa et seq472 7,c7 the ,water ,resources ,development ,act of #aihf 7,public ,law #ii-ffb2 #ajj ,stat4 #djhb72 or 7,d7 any other ,federal law or court settlement4 7#c7 ,clean ,water ,act ,nothing in this title affects any provision of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 including any definition in that ,act4 #baa4 ,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 #bab4 ,funding 7a7 ,authorization of appropriations 7#a7 ,fish ,habitat ,conservation ,projects ,there is authorized to be appropriated to the ,secretary #g1bjj1jjj for each of fiscal years #bjba through #bjbe to provide funds for fish habitat conservation projects approved under section #bje7;f71 of which #e percent is authorized only 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 #bjba through #bjbe an amount equal to #e percent of the amount appropriated for the applicable fiscal year pursuant to paragraph 7#a7-- 7,a7 for administrative and planning expenses under this title2 and 7,b7 to carry out section #bji4 7#c7 ,technical and scientific assistance ,there is authorized to be appropriated for each of fiscal years #bjba through #bjbe to carry out1 and provide technical and scientific assistance under1 section #bjf-- 7,a7 #djj1jjj to the ,secretary for use by the ,united ,states ,fish and ,wildlife ,service2 7,b7 #djj1jjj to the ,national ,oceanic and ,atmospheric ,administration ,assistant ,administrator for use by the ,national ,oceanic and ,atmospheric ,administration2 7,c7 #djj1jjj to the ,environmental ,protection ,agency ,assistant ,administrator for use by the ,environmental ,protection ,agency2 7,d7 #djj1jjj to the ,secretary for use by the ,united ,states ,geological ,survey2 and 7,e7 #djj1jjj to the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 for use by the ,forest ,service4 7b7 ,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 to provide funds authorized by this title for a fish habitat conservation project or restoration or enhancement project2 7#b7 apply for1 accept1 and1 subject to the availability of appropriations1 use a grant from any individual or entity to carry out the purposes of this title2 and 7#c7 subject to the availability of appropriations1 make funds authorized by this ,act available to any ,federal department or agency for use by that department or agency to provide grants for any fish habitat protection project1 restoration project1 or enhancement project that the ,secretary determines to be consistent with this title4 7c7 ,donations 7#a7 ,in general ,the ,secretary may-- 7,a7 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 title2 and 7,b7 accept donations of funds1 property1 and services to carry out the purposes of this title4 7#b7 ,treatment ,a donation accepted under this title-- 7,a7 shall be considered to be a gift or bequest to1 or otherwise for the use of1 the ,united ,states2 and 7,b7 may be-- 7i7 used directly by the ,secretary2 or 7ii7 provided to another ,federal department or agency through an interagency agreement4 #bac4 ,prohibition against implementation of regulatory authority by ,federal agencies through ,partnerships ,any ,partnership designated under this title-- 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 ,,iii ,miscellaneous #cja4 ,sense of the ,senate regarding conservation agreements and activities ,it is the sense of the ,senate that-- 7#a7 voluntary conservation agreements benefit species and the habitats on which the species rely2 7#b7 ,states1 ,indian ,tribes1 units of local government1 landowners1 and other stakeholders should be encouraged to participate in voluntary conservation agreements2 and 7#c7 the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service1 and the ,secretary of ,commerce1 acting through the ,assistant ,administrator of the ,national ,marine ,fisheries ,service1 should consider the enrollment in1 and performance of1 conservation agreements and investment in1 and implementation of1 general conservation activities by ,states1 ,indian ,tribes1 units of local government1 landowners1 and other stakeholders in making determinations under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 #cjb4 ,study to review conservation factors 7a7 ,definition of ,secretaries ,in this section1 the term ,secretaries means-- 7#a7 the ,secretary of ,agriculture2 7#b7 the ,secretary of ,commerce1 acting through the ,assistant ,administrator of the ,national ,marine ,fisheries ,service2 and 7#c7 the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service4 7b7 ,study ,to assess factors affecting successful conservation activities under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 the ,secretaries shall carry out a study-- 7#a7 to review any factors that threaten or endanger a species for which a listing under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 would not contribute to the conservation of the species2 7#b7 to review any barriers to-- 7,a7 the delivery of ,federal1 ,state1 local1 or private funds for such conservation activities1 including statutory or regulatory impediments1 staffing needs1 and other relevant considerations2 or 7,b7 the implementation of conservation agreements1 plans1 or other cooperative agreements1 including agreements focused on voluntary activities1 multispecies efforts1 and other relevant considerations2 7#c7 to review factors that impact the ability of the ,federal ,government to successfully implement the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7#d7 to develop recommendations regarding methods to address barriers identified under paragraph 7#b71 if any2 7#e7 to review determinations under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 in which a species is determined to be recovered by the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service1 or the ,secretary of ,commerce1 acting through the ,assistant ,administrator of the ,national ,marine ,fisheries ,service1 but remains listed under that ,act1 including-- 7,a7 an explanation of the factors preventing a delisting or downlisting of the species2 and 7,b7 recommendations regarding methods to address the factors described in subparagraph 7,a72 and 7#f7 to review any determinations under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 in which a species has been identified as needing listing or uplisting under that ,act but remains unlisted or listed as a threatened species1 respectively1 including-- 7,a7 an explanation of the factors preventing a listing or uplisting of the species2 and 7,b7 recommendations regarding methods to address the factors described in subparagraph 7,a74 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretaries shall submit to the ,committees on ,appropriations and ,environment and ,public ,works of the ,senate and the ,committees on ,appropriations and ,natural ,resources of the ,house of ,representatives and make publicly available a report describing the results of the study under subsection 7b74 #cjc4 ,study and report on expenditures 7a7 ,reports on expenditures 7#a7 ,federal departments and agencies 7,a7 ,in general ,at the determination of the ,comptroller ,general of the ,united ,states 7referred to in this section as the ,comptroller ,general71 to facilitate the preparation of the reports from the ,comptroller ,general under paragraph 7#b71 the head of each ,federal department and agency shall submit to the ,comptroller ,general data and other relevant information that describes the amounts expended or disbursed 7including through loans1 loan guarantees1 grants1 or any other financing mechanism7 by the department or agency as a direct result of any provision of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 7including any regulation promulgated pursuant to that ,act7 during-- 7i7 with respect to the first report under paragraph 7#b71 the #c fiscal years preceding the date of submission of the report2 and 7ii7 with respect to the second report under paragraph 7#b71 the #b fiscal years preceding the date of submission of the report4 7,b7 ,requirements ,data and other relevant information submitted under subparagraph 7,a7 shall describe1 with respect to the applicable amounts-- 7i7 the programmatic office of the department or agency on behalf of which each amount was expended or disbursed2 7ii7 the provision of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 7or regulation promulgated pursuant to that ,act7 pursuant to which each amount was expended or disbursed2 and 7iii7 the project or activity carried out using each amount1 in detail sufficient to reflect the breadth1 scope1 and purpose of the project or activity4 7#b7 ,comptroller ,general ,not later than #b years and #d years after the date of enactment of this ,act1 the ,comptroller ,general shall submit to the ,committees on ,appropriations1 ,commerce1 ,science1 and ,transportation1 and ,environment and ,public ,works of the ,senate and the ,committee on ,appropriations and ,natural ,resources of the ,house of ,representatives a report that describes-- 7,a7 the aggregate amount expended or disbursed by all ,federal departments and agencies as a direct result of any provision of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 7including any regulation promulgated pursuant to that ,act7 during-- 7i7 with respect to the first report1 the #c fiscal years preceding the date of submission of the report2 and 7ii7 with respect to the second report1 the #b fiscal years preceding the date of submission of the report2 7,b7 the provision of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 7or regulation promulgated pursuant to that ,act7 pursuant to which each such amount was expended or disbursed2 and 7,c7 with respect to each relevant department or agency-- 7i7 the total amount expended or disbursed by the department or agency as described in subparagraph 7,a72 and 7ii7 the information described in clauses 7i7 through 7iii7 of paragraph 7#a77;,b74 7b7 ,report on conservation activities 7#a7 ,federal departments and agencies ,at the determination of the ,comptroller ,general1 to facilitate the preparation of the report under paragraph 7#b71 the head of each ,federal department and agency shall submit to the ,comptroller ,general data and other relevant information that describes the conservation activities by the ,federal department or agency as a direct result of any provision of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 7including any regulation promulgated pursuant to that ,act7 during-- 7,a7 with respect to the first report under paragraph 7#b71 the #c fiscal years preceding the date of submission of the report2 and 7,b7 with respect to the second report under paragraph 7#b71 the #b fiscal years preceding the date of submission of the report4 7#b7 ,comptroller ,general ,not later than #b years and #d years after the date of enactment of this ,act1 the ,comptroller ,general shall submit to the ,committees on ,commerce1 ,science1 and ,transportation and ,environment and ,public ,works of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report that-- 7,a7 describes the conservation activities by all ,federal departments and agencies for species listed as a threatened species or endangered species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 as reported under paragraph 7#a71 during-- 7i7 with respect to the first report1 the #c fiscal years preceding the date of submission of the report2 and 7ii7 with respect to the second report1 the #b fiscal years preceding the date of submission of the report2 7,b7 is organized into categories with respect to whether a recovery plan for a species has been established2 7,c7 includes conservation outcomes associated with the conservation activities2 and 7,d7 as applicable1 describes the conservation activities that required interaction between ,federal agencies and between ,federal agencies and ,state and ,tribal agencies and units of local government pursuant to the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 #cjd4 ,use of value of land for cost sharing ,the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi et seq47 is amended-- 7#a7 by redesignating section #ac as section #ad2 and 7#b7 by inserting after section #ab the following3 #ac4 ,value of land ,notwithstanding any other provision of law1 any institution eligible to receive ,federal funds under the ,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfja et seq47 shall be allowed to use the value of any land owned by the institution as an in-kind match to satisfy any cost sharing requirement under this ,act4 4 ,amend the title so as to read3 ,an ,act to improve protections for wildlife1 and for other purposes44 ,secretary