,,ib ,union ,calendar ,no4 #ged #aahth ,,congress #b;d ,session ,h4 ,r4 #gdjh ,report ,no4 #aah-ibb1 ,part ,i ,,in ,,the ,,house ,,of ,,representatives ,february #bj1 #bjbd,mr4 ,westerman 7for himself1 ,mr4 ,bentz1 ,ms4 ,hageman1 ,mr4 ,stauber1 ,mr4 ,curtis1 ,mr4 ,carl1 ,mr4 ,lamborn1 ,ms4 ,boebert1 ,mrs4 ,kiggans of ,virginia1 ,mr4 ,la,malfa1 ,mr4 ,newhouse1 ,mrs4 ,radewagen1 ,mr4 ,moylan1 ,mrs4 ,gonzlez-,coln1 ,ms4 ,maloy1 ,mr4 ,carter of ,georgia1 ,mr4 ,zinke1 ,mr4 ,smith of ,nebraska1 and ,mr4 ,wittman7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on ,agriculture1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,december #ah1 #bjbd;,additional sponsors3 ,mrs4 ,rodgers of ,washington1 ,mr4 ,rosendale1 ,mr4 ,owens1 and ,mr4 ,tony ,gonzales of ,texas ,december #ah1 #bjbd,reported from the ,committee on ,natural ,resources with an amendment,strike out all after the enacting clause and insert the part printed in italic ,december #ah1 #bjbd;,committee on ,agriculture discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed,for text of introduced bill1 see copy of bill as introduced on ,february #bj1 #bjbd ,a ,,bill ,to amend the ,pittman-,robertson ,wildlife ,restoration ,act to make supplemental funds available for management of fish and wildlife species of greatest conservation need as determined by ,state fish and wildlife agencies1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,america's ,wildlife ,habitat ,conservation ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,statement of purpose4,sec4 #c4 ,,gao study4,title ,i--,wildlife ,conservation and ,restoration,sec4 #aja4 ,wildlife ,conservation and ,restoration ,subaccount4,sec4 #ajb4 ,technical amendments4,sec4 #ajc4 ,savings clause4,title ,,ii--,tribal ,wildlife ,conservation and ,restoration,sec4 #bja4 ,indian ,tribes4,title ,,iii--,conservation and ,management for ,wildlife ,refuges,sec4 #cja4 ,definitions4,sec4 #cjb4 ,good neighbor authority for ,united ,states ,fish and ,wildlife ,service4,sec4 #cjc4 ,stewardship end result contracting projects4,sec4 #cjd4 ,technical amendments4,title ,,iv--,incentivizing ,wildlife ,conservation on ,private ,lands,sec4 #dja4 ,candidate ,conservation ,agreements with ,assurances4,sec4 #djb4 ,designation of critical habitat4,sec4 #djc4 ,availability of certain information4,title ,v--,forest ,information ,reform,sec4 #eja4 ,no additional consultation required4,title ,,vi--,providing for ,greater ,incentives to ,recover ,listed ,species,sec4 #fja4 ,protective regulations under ,endangered ,species ,act of #aigc4,title ,,vii--,rescissions and repeals,sec4 #gja4 ,rescission of funds4,sec4 #gjb4 ,repeal of certain programs4 #b4 ,statement of purpose ,the purpose of this ,act is to extend financial and technical assistance to ,states1 territories1 the ,district of ,columbia1 and ,indian ,tribes1 including under the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi et seq471 for the purpose of restoring habitat on ,state1 ,tribal1 ,federal1 and private lands-- 7#a7 to recover species currently listed as threatened or endangered under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or under ,state law2 and 7#b7 to prevent the need to list species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or under ,state law4 #c4 ,,gao study ,not later than #e years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a study to examine the progress of ,states1 territories1 the ,district of ,columbia1 and ,indian ,tribes toward achieving the purpose described in section #b4 ,i ,wildlife ,conservation and ,restoration #aja4 ,wildlife ,conservation and ,restoration ,subaccount 7a7 ,in general ,section #c of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;b7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking 7#a7 ,an amount equal to and inserting ,an amount equal to2 and 7,b7 by striking paragraph 7#b72 and 7#b7 in subsection 7c7-- 7,a7 by inserting after 7c7 the following3 ,wildlife ,habitat ,conservation and ,restoration ,subaccount4--2 7,b7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#aj7 and 7#aa72 and 7,c7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,definitions ,in this subsection3 7,a7 ,restoration ,the term restoration means the implementation of conservation actions and practices that reestablish or enhance environmental conditions and ecosystem functions that benefit the diversity1 resilience1 health1 and productivity of plants and animals4 7,b7 ,rewilding ,the term rewilding means a restoration approach that prohibits human management activities and relies only on natural processes to maintain or improve habitat4 7,c7 ,territory and territories ,the terms territory and territories mean the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and the ,united ,states ,virgin ,islands4 7#b7 ,establishment of ,subaccount 7,a7 ,in general ,there is established in the fund a subaccount to be known as the ,wildlife ,habitat ,conservation and ,restoration ,subaccount4 7,b7 ,availability ,amounts in the ,subaccount shall be available until expended1 subject to future appropriations1 for apportionment in accordance with this ,act4 7,c7 ,deposits into ,subaccount ,subject to the availability of appropriations made in advance for such purposes1 the ,secretary shall allocate not more than #cjj1jjj1jjj to the ,subaccount for each of fiscal years #bjbe through #bjbi4 7,d7 ,treatment of revenue ,funds received by a ,state fish and wildlife department as a result of a wildlife conservation and restoration program or project of such department that is carried out on ,federal or ,state land and funded by the ,subaccount shall be retained and used by such department to carry out additional authorized wildlife conservation and restoration programs or projects pursuant to the ,america's ,wildlife ,habitat ,conservation ,act4 7,e7 ,sunset ,no funds may be appropriated to the ,subaccount after fiscal year #bjbi4 7#c7 ,supplement not supplant ,amounts transferred to the ,subaccount shall supplement1 but not replace1 existing funds available to the ,states from-- 7,a7 the funds distributed pursuant to the ,dingell-,johnson ,sport ,fish ,restoration ,act 7#af ,u4,s4,c4 #ggg et seq472 and 7,b7 the fund4 7#d7 ,innovation grants 7,a7 ,in general ,the ,secretary shall distribute #aj percent of amounts in the ,subaccount in each fiscal year through a competitive grant program to ,state fish and wildlife departments1 the ,district of ,columbia fish and wildlife department1 fish and wildlife departments of territories1 or to regional associations of fish and wildlife departments 7or any group composed of more than #a such entity74 7,b7 ,purpose ,recipients of a grant issued under subparagraph 7,a7 shall use such grant funds for the purpose of catalyzing innovation of techniques1 tools1 strategies1 or collaborative partnerships that accelerate1 expand1 or replicate effective and measurable recovery efforts for habitat of species of greatest conservation need and species listed under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7,c7 ,review committee ,the ,secretary shall appoint a review committee comprised of-- 7i7 #a ,state ,director from each regional association of ,state fish and wildlife departments2 7ii7 the head of a department responsible for fish and wildlife management in a territory2 7iii7 #a delegate from the ,united ,states ,fish and ,wildlife ,service1 for the purpose of providing technical assistance2 7iv7 #b individuals who represent #b different nonprofit organizations1 each of which participated in carrying out wildlife conservation and restoration activities using funds apportioned from the ,subaccount during the #e-year period ending on the date of appointment of such individual2 and 7v7 #b individuals who represent #b different nonprofit hunting and fishing organizations who are each a member of-- 7,i7 the ,hunting and ,wildlife ,conservation ,council of the ,department of the ,interior and ,department of ,agriculture and classified as representing a wildlife habitat conservation_/management organization2 or 7,,ii7 the ,sport ,fishing and ,boating ,partnership ,council of the ,department of the ,interior and classified as representing a recreational fishery resource conservation organization4 7,d7 ,support from ,united ,states ,fish and ,wildlife ,service ,using not more than #c percent of the amounts distributed under subparagraph 7,a7 to carry out a competitive grant program1 the ,united ,states ,fish and ,wildlife ,service shall provide any personnel or administrative support services necessary for such committee to carry out its responsibilities under this ,act4 7,e7 ,evaluation ,such committee shall evaluate each proposal submitted under this paragraph and recommend projects for funding1 giving preference to solutions that accelerate the recovery of habitat for species identified as priorities through regional scientific assessments of species of greatest conservation need4 7#e7 ,use of funds 7,a7 ,in general ,funds apportioned from the ,subaccount under paragraph 7#b77;,b7-- 7i7 shall be used for purposes and practices consistent with section #b of the ,america's ,wildlife ,habitat ,conservation ,act2 7ii7 shall be used to develop1 carry out1 revise1 or enhance the ,wildlife ,conservation ,strategy of a ,state1 territory1 or the ,district of ,columbia1 as required under section #d7;e71 by carrying out1 revising1 or enhancing existing wildlife conservation and restoration programs or strategies and developing and implementing new wildlife conservation and restoration programs or strategies1 as determined by the appropriate ,state fish and wildlife department2 7iii7 shall be used to assist in the restoration of habitat for species found in the ,state1 territory1 or the ,district of ,columbia that are listed as endangered species1 threatened species1 candidate species or species proposed for listing1 or species petitioned for listing under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or under ,state law2 7iv7 may be used for management of animals1 including harvesting2 7v7 may be used for the conservation and restoration of habitat for species of greatest conservation need whose range is shared with another ,state1 territory1 ,indian ,tribe1 or foreign government2 7vi7 may be used to manage1 control1 and prevent invasive species1 disease1 and other risks to the habitat of species of greatest conservation need2 7vii7 may be used for forest and vegetation management activities if a primary purpose of such activity is to modify1 improve1 enhance1 or create wildlife habitat or reduce the risk of damage or destruction to wildlife habitat due to wildfires1 insects1 or disease1 including-- 7,i7 planting1 seeding1 and harvesting1 including planting1 seeding1 and harvesting of native seeds2 7,,ii7 mechanical thinning2 7,,iii7 prescribed burning2 7,,iv7 chemical applications designed to restore natural range variation including creating and maintaining early seral communities2 and 7,v7 prescribed haying and grazing practices2 7viii7 may be used to carry out voluntary1 collaborative conservation work with willing landowners consistent with section #b of the ,america's ,wildlife ,habitat ,conservation ,act to keep private lands working2 and 7ix7 may be used to provide incentives to private landowners to carry out habitat conservation work for threatened and endangered species or species of greatest conservation need on the land owned by such private landowners and to provide financial assistance or technical assistance to such private landowners to carry out such work4 7,b7 ,prohibited uses ,funds apportioned from the ,subaccount may not be used for-- 7i7 rewilding2 7ii7 the reintroduction or management of a species in a manner not supported by the applicable ,state fish and wildlife management authorities2 or 7iii7 climate-focused decisions that lack a connection to the ,state comprehensive plan developed under section #d7;e77#a74 7#f7 ,minimum required spending for endangered species recovery ,not less than #ae percent of the total amount apportioned to a ,state1 territory1 or the ,district of ,columbia from the ,subaccount during the period of fiscal years #bjbe through #bjbi shall be used for purposes described in paragraph 7#e77;,a77iii74 7#g7 ,public access to private lands not required ,apportionment of funds from the ,subaccount may not be conditioned upon the provision of public access to private lands1 waters1 or holdings4 7#h7 ,requirements for matching funds 7,a7 ,in general ,for the purposes of the non-,federal fund matching requirement for a wildlife conservation and restoration program or project funded by the ,subaccount1 a ,state1 territory1 or the ,district of ,columbia may use as matching non-,federal funds-- 7i7 in-kind contributions of services and materials2 7ii7 voluntarily donated privately owned easements2 7iii7 in circumstances described in subparagraph 7,b71 revenue generated through the sale of ,state hunting and fishing licenses2 and 7iv7 other sources consistent with part #hj of title #ej1 ,code of ,federal ,regulations1 as in effect on the date of the enactment of the ,america's ,wildlife ,habitat ,conservation ,act4 7,b7 ,circumstances described ,revenue described in subparagraph 7,a77iii7 may only be used to fulfill the requirements of such non-,federal fund matching requirement if-- 7i7 no ,federal funds apportioned to the ,state fish and wildlife department of such ,state from the ,wildlife ,restoration ,program or the ,sport ,fish ,restoration ,program have been reverted because of a failure to fulfill such non-,federal fund matching requirement by such ,state during the previous #b years2 and 7ii7 the project or program being funded benefits the habitat of a species that is a-- 7,i7 hunted or fished species2 and 7,,ii7 species of greatest conservation need4 7#i7 ,state land acquisition ,land acquired by a ,state1 territory1 or the ,district of ,columbia using funds apportioned from the ,subaccount-- 7,a7 may only be purchased from a willing seller2 7,b7 may only be so acquired for the purposes described in paragraph 7#e77;,a77iii72 7,c7 may only be so acquired when no other source of ,department of the ,interior funding is available to purchase such land2 and 7,d7 shall be open to the public for wildlife-related outdoor recreation1 including hunting1 trapping1 fishing1 or recreational shooting to the extent allowed by ,state law4 4 7b7 ,allocation and apportionment of available amounts ,section #d of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;c7 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 by inserting 1 after deducting the amount distributed pursuant to section #c7;c77#d71 after ,secretary of the ,interior shall2 7ii7 in subparagraph 7,a7-- 7,i7 by striking to the ,district of ,columbia and to the ,commonwealth of ,puerto ,rico1 each and inserting ,to the ,district of ,columbia2 and 7,,ii7 by striking one-half and inserting one-fourth2 7iii7 in subparagraph 7,b7-- 7,i7 by striking to ,guam and inserting ,to ,guam2 and 7,,ii7 by striking not more than one-fourth of #a percent and inserting not less than one-third of #a percent2 and 7iv7 by adding at the end the following3 7,c7 ,to the ,commonwealth of ,puerto ,rico1 a sum equal to not less than #a percent thereof4 2 7,b7 in paragraph 7#b77;,a7-- 7i7 by amending clause 7i7 to read as follows3 7i7 half of which is based on the ratio to which the land and water area of such ,state bears to the total land and water area of all such ,states2 2 7ii7 in clause 7ii7-- 7,i7 by striking two-thirds and inserting one-quarter2 and 7,,ii7 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7iii7 one quarter of which is based upon the ratio to which the number of species listed as endangered or threatened under the ,endangered ,species ,act of #aigc in such ,state bears to the total number of such species listed in all such ,states4 2 7,c7 by amending paragraph 7#b77;,b7 to read as follows3 7,b7 ,the amounts apportioned under this paragraph shall be adjusted equitably so that no such ,state1 unless otherwise designated1 shall be apportioned a sum which is less than #a percent or more than #e percent of the amount available for apportionment under-- 7i7 subparagraph 7,a77i72 7ii7 subparagraph 7,a77ii72 and 7iii7 the overall amount available for subparagraph 7,a74 2 and 7,d7 in paragraph 7#c71 by striking #c percent and inserting one-third of #a percent2 7#b7 in subsection 7e7 in paragraph 7#c71 by striking #ge and inserting #ij2 and 7#c7 by adding at the end following3 7f7 ,accountability 7#a7 ,in general ,not later than #a year after the date of the enactment of the ,america's ,wildlife ,habitat ,conservation ,act and every #b years thereafter until the last day of fiscal year #bjbi1 the head of each ,state fish and wildlife department shall submit to the ,director of the ,united ,states ,fish and ,wildlife ,service a report describing1 with respect to such department during the preceding #b years1 the following3 7,a7 ,a summary of each activity carried out using funds apportioned from the ,subaccount1 including-- 7i7 an accounting of the administrative costs associated with each such activity2 7ii7 an accounting of land acquired1 if any1 from willing sellers by each ,state fish and wildlife department using funds from the ,subaccount1 including-- 7,i7 the number of acres acquired2 7,,ii7 the endangered species1 threatened species1 candidate species or species proposed for listing1 or species petitioned for listing under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or ,state law associated with the land acquired2 7,,iii7 the justification for such land acquisition2 and 7,,iv7 a detailed explanation regarding why other sources of funding were not used for the land acquisition2 and 7iii7 the number of acres of habitat restored1 enhanced1 created1 or conserved by each such activity4 7,b7 ,a summary of the results and effectiveness of each activity carried out using funds apportioned from the ,subaccount1 including1 if determinable-- 7i7 any change in the population trends of species of greatest conservation need2 and 7ii7 any reduction in threats to species of greatest conservation need4 7#b7 ,summary report ,the ,secretary shall1 not later than #ahj days after each deadline for the submission of reports under paragraph 7#a71 submit a report summarizing each report received by the ,secretary under paragraph 7#a7 to-- 7,a7 the ,committee on ,environment and ,public ,works of the ,senate2 and 7,b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7#c7 ,state defined ,in this subsection1 the term ,state includes the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and the ,united ,states ,virgin ,islands4 4 #ajb4 ,technical amendments 7a7 ,definitions ,section #b of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;a7 is amended-- 7#a7 in paragraph 7#g71 by striking including fish12 7#b7 in paragraph 7#f71 by striking the period at the end and inserting a semicolon2 and 7#c7 in paragraph 7#i7-- 7,a7 by striking section #cjd7;d7 and inserting section #d7;e72 and 7,b7 by inserting ,indian ,tribes1 before wildlife conservation organizations4 7b7 ,conforming amendments ,the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi et seq47 is amended-- 7#a7 in section #b-- 7,a7 by redesignating paragraphs 7#f7 through 7#aa7 as paragraphs 7#g7 through 7#ab71 respectively2 7,b7 by inserting after paragraph 7#e7 the following3 7#f7 the term species of greatest conservation need means1 with respect to funds apportioned to a ,state1 terrestrial1 aquatic1 or marine fauna or flora that the ,state fish and wildlife department of such ,state determines are-- 7,a7 of low or declining population2 or 7,b7 facing threats and in need of conservation attention2 2 7,c7 by redesignating paragraphs 7#h7 through 7#ab71 as so redesignated by subparagraph 7,a7 of this paragraph1 as paragraphs 7#i7 through 7#ac71 respectively2 and 7,d7 by inserting after paragraph 7#g71 as so redesignated by subparagraph 7,a7 of this paragraph1 the following3 7#h7 the term ,subaccount means the ,wildlife ,habitat ,conservation and ,restoration ,subaccount established by section #c7;c77#b77;,a72 2 7#b7 in section #c-- 7,a7 in subsection 7c7-- 7i7 in paragraph 7#aj71 as so redesignated by section #aja7;a77#b77;,b7 of this ,act1 by striking or an ,indian tribe2 and 7ii7 in paragraph 7#aa71 as so redesignated by section #aja7;a77#b77;,b7 of this ,act-- 7,i7 by striking ,wildlife ,conservation and ,restoration ,account and inserting ,subaccount2 and 7,,ii7 by striking those species with the greatest conservation need as defined by the ,state wildlife conservation and restoration program and inserting species of greatest conservation need2 and 7,b7 in subsection 7d71 by striking ,wildlife ,conservation and ,restoration ,account and inserting ,subaccount2 7#c7 in section #d 7#af ,u4,s4,c4 #ffi;c7-- 7,a7 in subsection 7d7-- 7i7 in the heading1 by striking ,wildlife ,conservation and ,restoration ,account and inserting ,subaccount2 and 7ii7 by striking ,wildlife ,conservation and ,restoration ,account each place it appears and inserting ,subaccount2 and 7,b7 in subsection 7e77#a71 by striking ,wildlife ,conservation and ,restoration ,account and inserting ,subaccount2 and 7#d7 in section #h 7#af ,u4,s4,c4 #ffi;g71 in subsection 7a71 by striking ,wildlife ,conservation and ,restoration ,account and inserting ,subaccount4 #ajc4 ,savings clause ,the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi et seq47 is amended-- 7#a7 by redesignating section #ad as section #af2 and 7#b7 by inserting after section #ac the following3 #ad4 ,savings clause 7a7 ,in general ,nothing in this ,act may be construed to enlarge or diminish the authority1 jurisdiction1 or responsibility of a ,state1 territory1 or the ,district of ,columbia to manage1 control1 or regulate fish and wildlife on lands and waters within the ,state1 territory1 or the ,district of ,columbia including on ,federal lands and waters4 7b7 ,no funds authorized for dam removal or modification ,none of the funds made available under this ,act may be used to remove a federally owned dam or modify a federally owned dam in a manner that reduces storage or diversion capacity4 7c7 ,prohibition on land transfers ,the ,federal ,government may not accept a transfer1 donation1 or exchange of land or an interest in land from a ,state government1 a fish and wildlife department of the ,district of ,columbia or a territory1 or a regional association of fish and wildlife departments if such land or interest in land was purchased using funds apportioned under this ,act4 7d7 ,territory defined ,in this section1 the term territory has the meaning given the term in section #c7;c77#a74 #ae4 ,statutory construction with respect to ,alaska ,if any conflict arises between any provision of this ,act and any provision of the ,alaska ,national ,interest ,lands ,conservation ,act or the ,alaska ,native ,claims ,settlement ,act1 then the provision in the ,alaska ,national ,interest ,lands ,conservation ,act or the ,alaska ,native ,claims ,settlement ,act shall prevail4 4 ,,ii ,tribal ,wildlife ,conservation and ,restoration #bja4 ,indian ,tribes 7a7 ,definitions ,in this section3 7#a7 ,account ,the term ,account means the ,tribal ,wildlife ,conservation and ,restoration ,account established by subsection 7b77#a74 7#b7 ,conservation ,the term conservation has the meaning given such term in section #b of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;a74 7#c7 ,indian tribe ,the term ,indian ,tribe has the meaning given such term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#d7 ,restoration ,the term restoration means the implementation of conservation actions and practices that reestablish or enhance environmental conditions and ecosystem functions that benefit the diversity1 resilience1 health1 and productivity of plants and animals4 7#e7 ,rewilding ,the term rewilding means a restoration approach that prohibits human management activities and relies only on natural processes to maintain or improve habitat4 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#g7 ,tribal organization ,the term ,tribal organization has the meaning given such term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#h7 ,tribal species of greatest conservation need ,the term ,tribal species of greatest conservation need means1 with respect to an ,indian ,tribe1 any terrestrial1 aquatic1 or marine fauna or flora that such ,indian ,tribe determines is-- 7,a7 of low or declining population1 7,b7 facing threats and in need of conservation attention2 or 7,c7 of cultural importance to such ,indian ,tribe4 7#i7 ,wildlife ,the term wildlife means any species of-- 7,a7 wild1 free-ranging fauna1 including fish2 and 7,b7 fauna in a captive breeding program the object of which is to reintroduce individuals of a depleted indigenous species into previously occupied range of such species4 7b7 ,tribal ,wildlife ,conservation and ,restoration ,account 7#a7 ,in general ,there is established in the ,treasury an account to be known as the ,tribal ,wildlife ,conservation and ,restoration ,account4 7#b7 ,availability ,amounts in the ,account shall be available until expended1 subject to future appropriations1 for each fiscal year for apportionment in accordance with this section4 7#c7 ,deposits into ,account ,there is authorized to be appropriated to the ,account #bj1jjj1jjj for each of fiscal years #bjbe through #bjbi4 7#d7 ,sunset ,no funds may be appropriated to the ,account after fiscal year #bjbi4 7c7 ,distribution of amounts to ,indian ,tribes and ,tribal organizations ,each fiscal year1 the ,secretary shall distribute amounts in the ,account through a noncompetitive grant program according to guidelines1 criteria1 and reporting requirements determined by the ,secretary1 acting through the ,director of the ,bureau of ,indian ,affairs1 in consultation with ,indian ,tribes and ,tribal organizations4 7d7 ,wildlife management responsibilities 7#a7 ,in general ,the distribution guidelines and criteria described in subsection 7c7 shall be based1 in part1 upon the wildlife management responsibilities of an ,indian ,tribe4 7#b7 ,indian ,tribes and ,tribal organizations in ,alaska 7,a7 ,in general ,any amounts allocated to an ,indian ,tribe or ,tribal organization in ,alaska under this section may only be used in a manner consistent with the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq471 the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #caja et seq471 and ,public ,law #he-ejh 7commonly known as the ,alaska ,statehood ,act7 7#dh ,u4,s4,c4 note prec4 #ba74 7,b7 ,cooperative agreements ,an ,indian ,tribe or ,tribal organization in ,alaska may enter into a cooperative agreement with the ,state of ,alaska regarding a conservation project of mutual concern4 7e7 ,use of amounts 7#a7 ,in general ,except as provided in paragraph 7#b71 amounts distributed to an ,indian ,tribe or ,tribal organization under subsection 7c7-- 7,a7 shall be used for purposes consistent with section #b2 7,b7 shall be used to carry out1 develop1 or enhance wildlife and habitat conservation and restoration programs2 7,c7 shall be used to assist in the restoration of habitat for species found in the lands and waters of such ,indian ,tribe or ,tribal organization that are listed as endangered species1 threatened species1 candidate species or species proposed for listing1 or species petitioned for listing under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or under ,state or ,tribal law2 7,d7 may be used for management of animals1 including harvesting2 7,e7 may be used for the conservation and restoration of habitat for ,tribal species of greatest conservation need whose range is shared with another ,state1 territory1 ,indian ,tribe1 or foreign government2 7,f7 may be used to manage1 control1 and prevent invasive species1 disease1 and other risks to the habitat of ,tribal species of greatest conservation need2 and 7,g7 may be used for forest and vegetation management activities if the primary purpose of such activity is to modify1 improve1 enhance1 or create wildlife habitat or reduce the risk of damage or destruction to wildlife habitat due to wildfires1 insects1 or disease1 including-- 7i7 planting1 seeding1 and harvesting1 including planting1 seeding1 and harvesting of native seeds2 7ii7 mechanical thinning2 7iii7 prescribed burning2 7iv7 chemical applications designed to restore natural range of variation including creating and maintaining early seral communities2 and 7v7 prescribed haying and grazing practices4 7#b7 ,prohibited uses ,amounts distributed to an ,indian ,tribe or ,tribal organization under subsection 7c7 may not be used for-- 7,a7 rewilding2 or 7,b7 the reintroduction or management of a species in a manner not supported by the applicable ,tribal fish and wildlife management authorities4 7f7 ,matching requirement ,with respect to any grant issued under subsection 7c7 that exceeds #ajj1jjj1 the ,federal share of total costs of the project funded through such grant may not exceed #ij percent4 7g7 ,public access not required ,amounts distributed to an ,indian ,tribe or ,tribal organization under subsection 7c7 may not be conditioned upon the provision of public or non-,tribal access to ,tribal or private lands1 waters1 or holdings4 7h7 ,administrative costs ,of the amounts deposited under subsection 7b77#c7 for each fiscal year1 not more than #c percent may be used by the ,secretary for administrative costs4 7i7 ,accountability 7#a7 ,tribal reports ,not later than the last day of fiscal year #bjbi1 each ,indian ,tribe and ,tribal organization that receives funds under this section shall submit to the ,director of the ,bureau of ,indian ,affairs a report describing1 with respect to such ,indian ,tribe or ,tribal organization during the preceding #e years1 the following3 7,a7 ,a summary of each activity carried out using funding received under subsection 7c71 including-- 7i7 an accounting of the administrative costs associated with each such activity2 and 7ii7 the number of acres of habitat restored1 enhanced1 or conserved by each such activity4 7,b7 ,a summary of the results and effectiveness of each activity carried out using funding received under subsection 7c71 including1 if determinable-- 7i7 any change in the population trends of species of greatest conservation need2 and 7ii7 any reduction in threats to species of greatest conservation need4 7#b7 ,summary report ,the ,director of the ,bureau of ,indian ,affairs shall1 not later than #ahj days after each deadline for the submission of reports under paragraph 7#a71 submit a report summarizing each report received by the ,director under paragraph 7#a7 to-- 7,a7 the ,committee on ,environment and ,public ,works of the ,senate2 and 7,b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7j7 ,savings clause ,nothing in this section may be construed as modifying or abrogating a treaty with any ,indian ,tribe1 or as enlarging or diminishing the authority1 jurisdiction1 or responsibility of an ,indian ,tribe or ,tribal organization to manage1 control1 or regulate wildlife4 7k7 ,statutory construction with respect to ,alaska ,if any conflict arises between any provision of this section and any provision of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #caja et seq47 or the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq471 then the provision in the ,alaska ,national ,interest ,lands ,conservation ,act or the ,alaska ,native ,claims ,settlement ,act shall prevail4 ,,iii ,conservation and ,management for ,wildlife ,refuges #cja4 ,definitions ,in this title3 7#a7 ,authorized recreation services ,the term authorized recreation services means similar and complementary recreation enhancement or improvement services carried out-- 7,a7 on lands and waters administered by the ,united ,states ,fish and ,wildlife ,service1 non-,federal land1 or lands and waters owned by or held in trust for an ,indian ,tribe2 and 7,b7 by the ,secretary or a ,governor1 ,indian ,tribe1 or county1 as applicable1 pursuant to a good neighbor agreement4 7#b7 ,authorized restoration services ,the term authorized restoration services means similar and complementary forest1 rangeland1 and watershed restoration services-- 7,a7 carried out-- 7i7 on lands and waters administered by the ,united ,states ,fish and ,wildlife ,service1 non-,federal land1 or lands and waters owned by an ,indian ,tribe2 and 7ii7 by the ,secretary or a ,governor1 ,indian ,tribe1 or county1 as applicable1 pursuant to a good neighbor agreement2 and 7,b7 in the case of forest1 rangeland1 and watershed restoration services carried out on lands and waters administered by the ,united ,states ,fish and ,wildlife ,service1 such services shall be consistent with the purposes for which such lands were established4 7#c7 ,county ,the term county means-- 7,a7 the appropriate executive official of an affected county or parish2 or 7,b7 in any case in which multiple counties or parishes are affected1 the appropriate executive official of a compact of the affected counties or parishes4 7#d7 ,forest1 rangeland1 and watershed restoration services 7,a7 ,the term forest1 rangeland1 and watershed restoration services means-- 7i7 activities to reduce hazardous fuels2 7ii7 activities to restore or improve fish1 wildlife1 and their habitats2 7iii7 activities to remove vegetation or other activities to promote healthy forest structure and composition2 7iv7 activities to treat insect- or disease-infected trees2 7v7 activities to control noxious or exotic weeds2 7vi7 activities to reestablish native plant species2 7vii7 activities to maintain a road or trail to restore or maintain water quality2 7viii7 any other activities to restore or improve forest1 rangeland1 and watershed health1 including fish and wildlife habitat2 or 7ix7 any combination of activities described in clauses 7i7 through 7viii74 7,b7 ,the term forest1 rangeland1 and watershed restoration services does not include-- 7i7 construction1 reconstruction1 repair1 or restoration of paved roads or parking areas1 other than-- 7,i7 activities described in subparagraph 7,a77vii72 or 7,,ii7 the reconstruction1 repair1 or restoration of a ,national ,wildlife ,refuge ,system road or other road on ,united ,states ,fish and ,wildlife ,service land that is necessary to carry out authorized restoration services pursuant to a good neighbor agreement2 or 7ii7 construction1 alteration1 repair1 or replacement of public buildings or works4 7#e7 ,good neighbor agreement ,the term good neighbor agreement means a cooperative agreement or contract1 including a sole source contract1 entered into between the ,secretary and a ,governor1 ,indian ,tribe1 or county1 as applicable1 to carry out authorized recreation services or authorized restoration services4 7#f7 ,governor ,the term ,governor means the ,governor or any other appropriate executive official of an affected ,state1 ,indian ,tribe1 or territory or possession of the ,united ,states4 7#g7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given such term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#h7 ,recreation enhancement or improvement services ,the term recreation enhancement or improvement services means-- 7,a7 establishing1 repairing1 restoring1 improving1 relocating1 constructing1 or reconstructing new or existing-- 7i7 trails or trailheads2 7ii7 picnic areas or other day use areas2 7iii7 restroom or shower facilities2 7iv7 shooting ranges2 7v7 paved or permanent roads or parking areas that serve existing recreation facilities or areas2 7vi7 fishing piers1 wildlife viewing platforms1 docks1 or other constructed features at a recreation site2 7vii7 boat landings2 7viii7 hunting or fishing sites2 7ix7 visitor centers or other interpretative sites2 or 7x7 levees and drainage structures to improve wetland habitat2 and 7,b7 activities that create1 improve1 or restore access to existing recreation facilities or areas4 7#i7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service4 #cjb4 ,good neighbor authority for ,united ,states ,fish and ,wildlife ,service 7a7 ,in general ,the ,secretary may enter into a good neighbor agreement with a ,governor1 ,indian ,tribe1 or county to carry out authorized restoration services or authorized recreation services in accordance with this title4 7b7 ,restoration activities requiring timber sales 7#a7 ,approval of silviculture prescriptions and marking guides ,the ,secretary shall provide or approve all silviculture prescriptions and marking guides to be applied on ,federal land in all timber sale projects conducted under this section4 7#b7 ,treatment of restoration services revenue ,funds received from the sale of timber by a ,governor1 ,indian ,tribe1 or county under a good neighbor agreement shall be retained and used by the ,governor1 ,indian ,tribe1 or county1 as applicable-- 7,a7 to carry out authorized restoration services under the good neighbor agreement2 and 7,b7 if there are funds remaining after carrying out subparagraph 7,a71 to carry out authorized restoration services or authorized recreation services under other good neighbor agreements4 7#c7 ,termination of authority ,the authority provided under paragraph 7#b7 shall terminate on ,october #a1 #bjcb4 7c7 ,recreation services fees ,nothing in this title may be construed to allow a ,governor1 ,indian ,tribe1 or county to charge entrance1 standard amenity1 or expanded amenity fees on ,national ,wildlife ,refuge ,system lands and waters as described in section #hjc of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjb74 7d7 ,retention of ,national ,environmental ,protection ,act of #aifi responsibilities ,any decision required to be made under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to any authorized restoration services or authorized recreation services carried out under this section on lands and waters administered by the ,united ,states ,fish and ,wildlife ,service may not be delegated to a ,governor1 ,indian ,tribe1 or county4 7e7 ,public availability ,the ,secretary shall make each good neighbor agreement available to the public4 7f7 ,exclusions ,the authority provided by this section does not apply to-- 7#a7 a component of the ,national ,wilderness ,preservation ,system2 7#b7 ,federal land on which the removal of vegetation is prohibited or restricted by an ,act of ,congress or a ,presidential proclamation 7including the applicable implementation plan72 or 7#c7 a wilderness study area4 #cjc4 ,stewardship end result contracting projects 7a7 ,in general ,the ,secretary1 through an agreement or contract1 as appropriate1 may enter into stewardship contracting projects with a private person or other public or private entity to perform forest1 rangeland1 and watershed restoration services on lands and waters administered by the ,united ,states ,fish and ,wildlife ,service that meet local and rural community needs4 7b7 ,agreements or contracts 7#a7 ,procurement procedure ,a source for performance or an agreement or contract entered into under subsection 7a7 shall be selected on a best-value basis1 including consideration of source under other public and private agreements or contracts4 7#b7 ,contract for sale of timber or forest products ,a contract entered into under this section may1 at the discretion of the ,secretary1 be considered a contract for the sale of timber or forest products under such terms as the ,secretary may prescribe without regard to any other provision of law4 7#c7 ,term ,the ,secretary may enter into an agreement or contract under subsection 7a7 for an initial period of not more than #bj years4 7#d7 ,offsets 7,a7 ,in general ,the ,secretary may apply the value of timber or forest products removed as an offset against the cost of forest1 rangeland1 and watershed restoration services received pursuant to an agreement or contract under this section4 7,b7 ,value of offset ,the value of timber or other forest products used as an offset-- 7i7 shall be determined using appropriate methods of appraisal commensurate with the quantity of products to be removed2 and 7ii7 may-- 7,i7 be determined using a unit of measure appropriate to the contracts2 and 7,,ii7 may include valuing products on a per-acre basis4 7,c7 ,contracting officer ,notwithstanding any other provision of law1 the ,secretary may determine the appropriate contracting officer to enter into and administer an agreement or contract under this section4 7c7 ,receipts 7#a7 ,in general ,the ,secretary may collect monies from an agreement or contract under this section if the collection is a secondary objective of negotiating the contract that will best achieve the purpose of this section4 7#b7 ,disposition and availability of moneys ,monies from an agreement or contract under this section shall remain available until expended for forest1 rangeland1 and watershed restoration services at the project site from which the monies are collected1 or at another project site4 7d7 ,relation to other laws ,notwithstanding any other provision of law1 the value of services received by the ,secretary under a stewardship contract project conducted under this section1 and any payments made or resources provided by the contractor or ,secretary1 shall not be considered monies received from ,united ,states ,fish and ,wildlife ,service lands4 7e7 ,costs of removal ,notwithstanding the fact that a contractor did not harvest the timber or forest product1 the ,secretary may collect deposits from a contractor covering the costs of removal of timber or other forest products4 7f7 ,performance and payment guarantees 7#a7 ,in general ,the ,secretary may require performance and payment bonds under sections #bh4ajc-b and #bh4ajc-c of the ,federal ,acquisition ,regulation1 in an amount that the contracting officer considers sufficient to protect the investment in receipts by the ,federal ,government generated by the contractor from the estimated value of the forest products to be removed under a contract under this section4 7#b7 ,excess offset value ,if the offset value of the timber or forest products exceeds the value of the resource improvement treatments1 the ,secretary may-- 7,a7 use the excess to satisfy any outstanding liabilities from cancelled agreements or contracts2 or 7,b7 if there are no outstanding liabilities described in subparagraph 7,a71 apply the excess to other authorized stewardship projects4 7g7 ,cancellation ceilings ,notwithstanding section #cijc7;b77#a7 of title #da1 ,united ,states ,code1 the ,secretary may obligate funds in stages that are economically or programmatically viable to cover any potential cancellation or termination costs for an agreement or contract under this section4 7h7 ,monitoring and evaluation 7#a7 ,in general ,the ,secretary shall establish a monitoring and evaluation process that accesses the stewardship contracting projects conducted under this section4 7#b7 ,participants ,other than the ,secretary1 participants in the process described in this paragraph may include-- 7,a7 any cooperating governmental agencies1 including ,tribal governments2 and 7,b7 other interested groups or individuals4 #cjd4 ,technical amendments 7a7 ,good neighbor authority ,section #hbjf of the ,agricultural ,act of #bjad 7#af ,u4,s4,c4 #baac;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a77;,b71 by inserting 1 ,indian tribe1 after ,governor2 7,b7 in paragraph 7#c77;,a7-- 7i7 in clause 7i71 by striking or at the end2 7ii7 in clause 7iii71 by striking 2 or at the end and inserting a period2 and 7iii7 by striking clause 7iv74 7,c7 in paragraph 7#d77;,b77i71 by striking ,national ,park ,service1 or ,national ,wildlife ,refuge and inserting or ,national ,park ,service2 7,d7 in paragraph 7#e71 by inserting 1 ,indian tribe1 after ,governor2 and 7,e7 in paragraph 7#f71 by striking or ,indian tribe2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,a71 by inserting 1 ,indian tribe1 after ,governor2 7,b7 in paragraph 7#b77;,c7-- 7i7 by amending clause 7i7 to read as follows3 7i7 ,in general ,funds received from the sale of timber by a ,governor1 ,indian tribe1 or county under a good neighbor agreement shall be retained and used by the ,governor1 ,indian tribe1 or county1 as applicable-- 7,i7 to carry out authorized restoration services under the good neighbor agreement2 and 7,,ii7 if there are funds remaining after carrying out subclause 7,i71 to carry out authorized restoration services under other good neighbor agreements4 2 and 7ii7 in clause 7ii71 by striking #bjbd and inserting #bjbi2 7,c7 in paragraph 7#c71 by inserting 1 ,indian tribe1 after ,governor2 and 7,d7 by striking paragraph 7#d74 7b7 ,applicability ,the amendments made by this title apply to any project initiated pursuant to a good neighbor agreement 7as defined in #hbjf7;a7 of the ,agricultural ,act of #bjad 7#af ,u4,s4,c4 #baac;a7a77-- 7#a7 before the date of the enactment of this ,act1 if the project was initiated after the date of the enactment of the ,agriculture ,improvement ,act of #bjah 7,public ,law #aae-ccd72 or 7#b7 on or after the date of the enactment of this ,act4 ,,iv ,incentivizing ,wildlife ,conservation on ,private ,lands #dja4 ,candidate ,conservation ,agreements with ,assurances 7a7 ,listing determinations ,section #d7;b77#a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;b77#a77 is amended by adding at the end the following3 7,c7 ,candidate ,conservation ,agreements with ,assurances ,in making a determination under subsection 7a77#a7 with respect to a species1 the ,secretary shall take into account and document the effect of any net conservation benefit 7as that term is defined in section #aj7k77 of any ,candidate ,conservation ,agreement with ,assurances or any programmatic ,candidate ,conservation ,agreement with ,assurances 7as those terms are defined in that subsection7 relating to such species4 4 7b7 ,candidate ,conservation ,agreements with ,assurances ,section #aj of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci7 is amended by adding at the end the following3 7k7 ,candidate ,conservation ,agreements with ,assurances 7#a7 ,proposed ,agreement ,a covered party may submit a proposed ,agreement to the ,secretary4 7#b7 ,approval ,not later than #abj days after the date of the receipt of a proposed ,agreement under paragraph 7#a71 the ,secretary shall approve the proposed ,agreement if the ,secretary determines that the proposed ,agreement-- 7,a7 sets forth specific management activities that the covered party will undertake to conserve the covered species2 7,b7 provides a positive estimate of the net conservation benefit of such management activities to the covered species2 7,c7 describes1 to the maximum extent practicable1 the existing population levels of the covered species or the existing quality of habitat2 7,d7 includes a monitoring plan to be carried out by the parties to the ,agreement2 and 7,e7 provides assurances to the covered party that no additional conservation measures will be required and additional land1 water1 or resource use restrictions will not be imposed on the covered party if the covered species becomes listed after the effective date of such ,agreement4 7#c7 ,denial ,not later than #abj days after the date of the receipt of a proposed ,agreement under paragraph 7#a71 the ,secretary shall-- 7,a7 deny the proposed ,agreement if the ,secretary determines that the proposed ,agreement does not meet the requirements described in paragraph 7#b72 and 7,b7 provide the submitting covered party a written explanation for such determination and the adjustments required for the ,secretary to approve such proposed ,agreement4 7#d7 ,programmatic ,candidate ,conservation ,agreement with ,assurances 7,a7 ,in general ,the ,secretary may enter into a ,candidate ,conservation ,agreement with ,assurances with a covered party that authorizes such covered party-- 7i7 to administer such ,candidate ,conservation ,agreement with ,assurances2 7ii7 to hold any permit issued under this section with regard to such ,candidate ,conservation ,agreement with ,assurances2 7iii7 to enroll other covered parties within the area covered by such ,candidate ,conservation ,agreement with ,assurances in such ,candidate ,conservation ,agreement with ,assurances2 and 7iv7 to convey any permit authorization held by such covered party under clause 7ii7 to each covered party enrolled under clause 7iii74 7,b7 ,publication ,upon receipt of a proposed programmatic ,candidate ,conservation ,agreement with ,assurances under paragraph 7#a7 and before approving or denying such a proposed programmatic ,candidate ,conservation ,agreement with ,assurances under paragraph 7#b7 or 7#c71 respectively1 the ,secretary shall-- 7i7 not later than #cj days after the date of such receipt1 publish the proposed programmatic ,candidate ,conservation ,agreement with ,assurances in the ,federal ,register for public comment for a period of not less than #fj days2 7ii7 review any comments received under clause 7i72 and 7iii7 after the close of the public comment period for the proposed programmatic ,candidate ,conservation ,agreement with ,assurances1 publish in the ,federal ,register-- 7,i7 any comments received under clause 7i72 and 7,,ii7 the approval or denial of the proposed programmatic ,candidate ,conservation ,agreement with ,assurances under paragraph 7#b7 or 7#c71 respectively4 7#e7 ,incidental take authorization ,if a covered species is listed under section #d1 the ,secretary shall issue a permit to the relevant covered party under this section allowing incidental take of and modification to the habitat of such covered species consistent with the ,agreement4 7#f7 ,technical assistance ,the ,secretary shall1 upon request1 provide a covered party with technical assistance in developing a proposed ,agreement4 7#g7 ,applicability to ,federal land ,an ,agreement may apply to a covered party that conducts activities on land administered by any ,federal agency pursuant to a permit or lease issued to the covered party by that ,federal agency4 7#h7 ,exemption from consultation requirement ,an ,agreement approved under this subsection shall be deemed to have been granted an exemption under section #g7;h7 for the purposes of that section4 7#i7 ,exemption from disclosure ,information submitted by a private party to the ,secretary under this subsection shall be exempt from disclosure under section #eeb7;b77#c77;,b7 of title #e1 ,united ,states ,code4 7#aj7 ,definitions ,in this subsection3 7,a7 ,agreement ,the term ,agreement means-- 7i7 a ,candidate ,conservation ,agreement with ,assurances2 or 7ii7 a programmatic ,candidate ,conservation ,agreement with ,assurances4 7,b7 ,candidate ,conservation ,agreement with ,assurances ,the term ,candidate ,conservation ,agreement with ,assurances means any voluntary agreement1 including a conservation benefit agreement1 between the ,secretary and a covered party in which-- 7i7 the covered party commits to implementing mutually agreed upon conservation measures for a candidate species2 and 7ii7 the ,secretary provides assurances that1 if such candidate species is listed pursuant to section #d-- 7,i7 the covered party shall incur no additional obligations beyond actions agreed to in the agreement with respect to conservation activities required under this ,act2 and 7,,ii7 no additional land1 water1 or resource use restrictions shall be imposed on the covered party beyond those included in the agreement4 7,c7 ,candidate species ,the term candidate species means a species-- 7i7 designated by the ,secretary as a candidate species under this ,act2 or 7ii7 proposed to be listed pursuant to section #d4 7,d7 ,covered party ,the term covered party means a-- 7i7 party that conducts activities on land administered by a ,federal agency pursuant to a permit or lease issued to the party2 7ii7 private property owner2 7iii7 county2 7iv7 ,state or ,state agency2 or 7v7 ,tribal government4 7,e7 ,covered species ,the term covered species means1 with respect to an ,agreement1 the species that is the subject of such ,agreement4 7,f7 ,net conservation benefit ,the term net conservation benefit means the net effect of an ,agreement1 determined by comparing the existing situation of the candidate species without the ,agreement in effect and a situation in which the ,agreement is in effect1 on a candidate species1 including-- 7i7 the net effect on threats to such species2 7ii7 the net effect on the number of individuals of such species2 or 7iii7 the net effect on the habitat of such species4 7,g7 ,programmatic ,candidate ,conservation ,agreement with ,assurances ,the term programmatic ,candidate ,conservation ,agreement with ,assurances means a ,candidate ,conservation ,agreement with ,assurances described in paragraph 7#d77;,a74 4 #djb4 ,designation of critical habitat ,section #d7;a77#c7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;a77#c77 is amended by adding at the end the following3 7,c7 ,privately owned or controlled land ,the ,secretary may not designate as critical habitat under subparagraph 7,a7 any privately owned or controlled land or other geographical area that is subject to a land management plan that-- 7i7 the ,secretary determines is similar in nature to an integrated natural resources management plan described in section #aja of the ,sikes ,act 7#af ,u4,s4,c4 #fgj;a72 7ii7 7,i7 is prepared in cooperation with the ,secretary and the head of each applicable ,state fish and wildlife agency of each ,state in which such land or other geographical area is located2 or 7,,ii7 is submitted to the ,secretary in a manner that is similar to the manner in which an applicant submits a conservation plan to the ,secretary under section #aj7;a77#b77;,a72 7iii7 includes an activity or a limitation on an activity that the ,secretary determines will likely conserve the species concerned2 7iv7 the ,secretary determines will result in-- 7,i7 an increase in the population of the species concerned above the population of such species on the date that such species is listed as threatened or endangered2 or 7,,ii7 maintaining the same population of such species on the land or other geographical area as the population that would likely occur if such land or other geographical area is designated as critical habitat2 and 7v7 to the maximum extent practicable1 will minimize and mitigate the impacts of any activity that will likely result in an incidental taking of the species concerned4 4 #djc4 ,availability of certain information 7a7 ,in general ,except as provided in subsection 7b71 information regarding the occurrence of1 including the specific location of1 a species of fish or wildlife or plant may not be made available to the public under section #eeb of title #e1 ,united ,states ,code4 7b7 ,exception 7#a7 ,voluntary public disclosure of occurrences on ,federal land ,the ,secretary may make publicly available information described in subsection 7a7 with respect to ,federal land4 7#b7 ,sharing information with particular entities 7,a7 ,in general ,the ,secretary may make available1 to an entity listed in subparagraph 7,b71 information described in subsection 7a7 upon receipt-- 7i7 of a written request submitted by that entity2 and 7ii7 written permission from each owner or manager of the land or water within which the species of fish or wildlife or plant occurs4 7,b7 ,entities ,an entity referred to in clause 7i7 is-- 7i7 a ,federal agency2 7ii7 a ,state governmental agency2 7iii7 an ,indian ,tribe 7as such term is defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd772 7iv7 a bona fide educational or research institution2 or 7v7 a landowner or land manager of privately owned land4 7,c7 ,requirements ,a written request submitted under subparagraph 7,a7 by an entity listed in subparagraph 7,b7 shall-- 7i7 describe the specific site or area for which information described in subsection 7a7 is sought2 7ii7 explain the purpose for which such information is sought2 and 7iii7 describe the manner and degree to which the entity is able to maintain the confidentiality of such information4 ,v ,forest ,information ,reform #eja4 ,no additional consultation required 7a7 ,forest ,service plans ,section #f7;d77#b7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd7;d77#b77 is amended to read as follows3 7#b7 ,no additional consultation required under certain circumstances ,notwithstanding any other provision of law1 the ,secretary shall not be required to reinitiate consultation under section #g7;a77#b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;a77#b77 or section #djb4af of title #ej1 ,code of ,federal ,regulations 7or a successor regulation71 on a land management plan approved1 amended1 or revised under this section when-- 7,a7 a new species is listed or critical habitat is designated under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 or 7,b7 new information reveals effects of the land management plan that may affect a species listed or critical habitat designated under that ,act in a manner or to an extent not previously considered4 4 7b7 ,bureau of ,land ,management plans ,section #bjb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab7 is amended by adding at the end the following3 7g7 ,no additional consultation required under certain circumstances ,notwithstanding any other provision of law1 the ,secretary shall not be required to reinitiate consultation under section #g7;a77#b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;a77#b77 or section #djb4af of title #ej1 ,code of ,federal ,regulations 7or a successor regulation71 on a land use plan approved1 amended1 or revised under this section when-- 7#a7 a new species is listed or critical habitat is designated under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 or 7#b7 new information reveals effects of the land use plan that may affect a species listed or critical habitat designated under that ,act in a manner or to an extent not previously considered4 4 ,,vi ,providing for ,greater ,incentives to ,recover ,listed ,species #fja4 ,protective regulations under ,endangered ,species ,act of #aigc 7a7 ,amendment to definition ,section #c7c7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecb7c77 is amended by striking and transplantation1 and1 in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved1 may include and inserting transplantation1 and1 at the discretion of the ,secretary14 7b7 ,protective regulations ,section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7 is amended-- 7#a7 7d7 ,protective regulations 7#a7 ,in general ,whenever any species is listed as a threatened species pursuant to subsection 7c71 the ,secretary shall issue such regulations as are necessary and advisable to provide for the conservation of that species4 7#b7 ,recovery goals ,if the ,secretary issues a regulation under paragraph 7#a7 that prohibits an act described in section #i7;a71 the ,secretary shall1 with respect to the species that is the subject of such regulation-- 7,a7 establish objective1 incremental recovery goals2 7,b7 provide for the stringency of such regulation to decrease as such recovery goals are met2 and 7,c7 provide for ,state management within such ,state1 if such ,state is willing to take on such management1 beginning on the date on which the ,secretary determines all such recovery goals are met and1 if such recovery goals remain met1 continuing until such species is removed from the list of threatened species published pursuant to subsection 7c74 7#c7 ,cooperative agreement ,a regulation issued under paragraph 7#a7 that prohibits an act described in section #i7;a77#a7 with respect to a resident species shall apply with respect to a ,state that has entered into a cooperative agreement with the ,secretary pursuant to section #f7;c7 only to the extent that such regulation is adopted by such ,state4 7#d7 ,state recovery strategy 7,a7 ,in general ,a ,state may develop a recovery strategy for a threatened species or a candidate species and submit to the ,secretary a petition for the ,secretary to use such recovery strategy as the basis for any regulation issued under paragraph 7#a7 with respect to such species within such ,state4 7,b7 ,approval or denial of petition ,not later than #abj days after the date on which the ,secretary receives a petition submitted under subparagraph 7,a71 the ,secretary shall-- 7i7 approve such petition if the recovery strategy is reasonably certain to be implemented by the petitioning ,state and to be effective in conserving the species that is the subject of such recovery strategy2 or 7ii7 deny such petition if the requirements described in clause 7i7 are not met4 7,c7 ,publication ,not later than #cj days after the date on which the ,secretary approves or denies a petition under subparagraph 7,b71 the ,secretary shall publish such approval or denial in the ,federal ,register4 7,d7 ,denial of petition 7i7 ,written explanation ,if the ,secretary denies a petition under subparagraph 7,b71 the ,secretary shall include in such denial a written explanation for such denial1 including a description of the changes to such petition that are necessary for the ,secretary to approve such petition4 7ii7 ,resubmission of denied petition ,a ,state may resubmit a petition that is denied under subparagraph 7,b74 7,e7 ,use in protective regulations ,if the ,secretary approves a petition under subparagraph 7,b71 the ,secretary shall-- 7i7 issue a regulation under paragraph 7#a7 that adopts the recovery strategy as such regulation with respect to the species that is the subject of such recovery strategy within the petitioning ,state2 and 7ii7 establish objective criteria to evaluate the effectiveness of such recovery strategy in conserving such species within such ,state4 7,f7 ,revision ,if a recovery strategy that is adopted as a regulation issued under paragraph 7#a7 is determined by the ,secretary to be ineffective in conserving the species that is the subject of such recovery strategy in accordance with the objective criteria established under subparagraph 7,e77ii7 for such recovery strategy1 the ,secretary shall revise such regulation and reissue such regulation in accordance with paragraph 7#a74 2 and 7#b7 in subsection 7f77#a77;,b7-- 7,a7 in clause 7ii71 by striking and at the end2 7,b7 in clause 7iii71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7iv7 with respect to an endangered species1 objective1 incremental recovery goals in accordance with subsection 7d77#b77;,a7 for use under that subsection if such endangered species is changed in status from an endangered species to a threatened species under subsection 7c77#b77;,b77ii74 4 ,,vii ,rescissions and repeals #gja4 ,rescission of funds 7a7 ,in general ,any unobligated covered funds are hereby rescinded4 7b7 ,covered funds defined ,in this section1 the term covered funds means-- 7#a7 any funds appropriated or otherwise made available by sections #djjjb1 #ejbbd1 #ejbcb1 #fjdja1 and #fjdjb of ,public ,law #aag-afi 7commonly known as the ,inflation ,reduction ,act72 and 7#b7 #gjj1jjj1jjj of the #b1fjj1jjj1jjj appropriated to the ,national ,oceanic and ,atmospheric ,administration in section #djjja of ,public ,law #aag-afi 7commonly known as the ,inflation ,reduction ,act74 #gjb4 ,repeal of certain programs ,the following sections of division ,,aa of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj7 are repealed 7and by conforming the items in the table of contents accordingly73 7#a7 ,section #ejg 7#af ,u4,s4,c4 #dgja note74 7#b7 ,section #ejh 7#af ,u4,s4,c4 #gdb;b note74 7#c7 ,section #eaj 7#af ,u4,s4,c4 #gdb;b note74 ,december #ah1 #bjbd,reported from the ,committee on ,natural ,resources with an amendment,december #ah1 #bjbd;,committee on ,agriculture discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed