Calendar No. 371 TH D CONGRESS SESSION S. 659 · Calendar No. 371 114TH CONGRESS ... 2016 Jkt...

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Calendar No. 371 114TH CONGRESS

2D SESSION S. 659 [Report No. 114–210]

To protect and enhance opportunities for recreational hunting, fishing, and

shooting, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 4, 2015

Mr. SULLIVAN introduced the following bill; which was read twice and referred

to the Committee on Environment and Public Works

FEBRUARY 24, 2016

Reported by Mr. INHOFE, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL To protect and enhance opportunities for recreational

hunting, fishing, and shooting, and for other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3

(a) SHORT TITLE.—This Act may be cited as the 4

‘‘Bipartisan Sportsmen’s Act of 2015’’. 5

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(b) TABLE OF CONTENTS.—The table of contents of 1

this Act is as follows: 2

Sec. 1. Short title; table of contents.

Sec. 2. Modification of definition of sport fishing equipment under the Toxic

Substances Control Act.

Sec. 3. Target practice and marksmanship.

Sec. 4. Permits for importation of polar bear trophies taken in sport hunts in

Canada.

Sec. 5. Baiting of migratory game birds.

Sec. 6. Protecting the right of individuals to bear arms at water resources de-

velopment projects.

Sec. 7. North American Wetlands Conservation Act.

Sec. 8. Multinational Species Conservation Funds Reauthorization.

Sec. 9. Interest on obligations held in the wildlife restoration fund.

SEC. 2. MODIFICATION OF DEFINITION OF SPORT FISHING 3

EQUIPMENT UNDER THE TOXIC SUBSTANCES 4

CONTROL ACT. 5

Section 3(2)(B) of the Toxic Substances Control Act 6

(15 U.S.C. 2602(2)(B)) is amended— 7

(1) in clause (v), by striking ‘‘, and’’ and insert-8

ing ‘‘, or any component of any such article includ-9

ing, without limitation, shot, bullets and other pro-10

jectiles, propellants, and primers,’’; 11

(2) in clause (vi) by striking the period at the 12

end and inserting ‘‘, and’’; and 13

(3) by inserting after clause (vi) the following: 14

‘‘(vii) any sport fishing equipment (as such 15

term is defined in section 4162(a) of the Internal 16

Revenue Code of 1986) the sale of which is subject 17

to the tax imposed by section 4161(a) of such Code 18

(determined without regard to any exemptions from 19

such tax provided by section 4162 or 4221 or any 20


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other provision of such Code), and sport fishing 1

equipment components.’’. 2

SEC. 3. TARGET PRACTICE AND MARKSMANSHIP. 3

(a) PURPOSE.—The purpose of this section is to fa-4

cilitate the construction and expansion of public target 5

ranges, including ranges on Federal land managed by the 6

Forest Service and the Bureau of Land Management. 7

(b) DEFINITION OF PUBLIC TARGET RANGE.—In 8

this section, the term ‘‘public target range’’ means a spe-9

cific location that— 10

(1) is identified by a governmental agency for 11

recreational shooting; 12

(2) is open to the public; 13

(3) may be supervised; and 14

(4) may accommodate archery or rifle, pistol, or 15

shotgun shooting. 16

(c) AMENDMENTS TO PITTMAN-ROBERTSON WILD-17

LIFE RESTORATION ACT.— 18

(1) DEFINITIONS.—Section 2 of the Pittman- 19

Robertson Wildlife Restoration Act (16 U.S.C. 20

669a) is amended— 21

(A) by redesignating paragraphs (2) 22

through (8) as paragraphs (3) through (9), re-23

spectively; and 24


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(B) by inserting after paragraph (1) the 1

following: 2

‘‘(2) the term ‘public target range’ means a 3

specific location that— 4

‘‘(A) is identified by a governmental agen-5

cy for recreational shooting; 6

‘‘(B) is open to the public; 7

‘‘(C) may be supervised; and 8

‘‘(D) may accommodate archery or rifle, 9

pistol, or shotgun shooting;’’. 10

(2) EXPENDITURES FOR MANAGEMENT OF 11

WILDLIFE AREAS AND RESOURCES.—Section 8(b) of 12

the Pittman-Robertson Wildlife Restoration Act (16 13

U.S.C. 669g(b)) is amended— 14

(A) by striking ‘‘(b) Each State’’ and in-15

serting the following: 16

‘‘(b) EXPENDITURES FOR MANAGEMENT OF WILD-17

LIFE AREAS AND RESOURCES.— 18

‘‘(1) IN GENERAL.—Except as provided in para-19

graph (2), each State’’; 20

(B) in paragraph (1) (as so designated), by 21

striking ‘‘construction, operation,’’ and insert-22

ing ‘‘operation’’; 23


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(C) in the second sentence, by striking 1

‘‘The non-Federal share’’ and inserting the fol-2

lowing: 3

‘‘(3) NON-FEDERAL SHARE.—The non-Federal 4

share’’; 5

(D) in the third sentence, by striking ‘‘The 6

Secretary’’ and inserting the following: 7

‘‘(4) REGULATIONS.—The Secretary’’; and 8

(E) by inserting after paragraph (1) (as 9

designated by subparagraph (A)) the following: 10

‘‘(2) EXCEPTION.—Notwithstanding the limita-11

tion described in paragraph (1), a State may pay up 12

to 90 percent of the cost of acquiring land for, ex-13

panding, or constructing a public target range.’’. 14

(3) FIREARM AND BOW HUNTER EDUCATION 15

AND SAFETY PROGRAM GRANTS.—Section 10 of the 16

Pittman-Robertson Wildlife Restoration Act (16 17

U.S.C. 669h–1) is amended— 18

(A) in subsection (a), by adding at the end 19

the following: 20

‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.— 21

Of the amount apportioned to a State for any fiscal 22

year under section 4(b), the State may elect to allo-23

cate not more than 10 percent, to be combined with 24

the amount apportioned to the State under para-25


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graph (1) for that fiscal year, for acquiring land for, 1

expanding, or constructing a public target range.’’; 2

(B) by striking subsection (b) and insert-3

ing the following: 4

‘‘(b) COST SHARING.— 5


graph (2), the Federal share of the cost of any activ-7

ity carried out using a grant under this section shall 8

not exceed 75 percent of the total cost of the activ-9

ity. 10

‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR 11

EXPANSION.—The Federal share of the cost of ac-12

quiring land for, expanding, or constructing a public 13

target range in a State on Federal or non-Federal 14

land pursuant to this section or section 8(b) shall 15

not exceed 90 percent of the cost of the activity.’’; 16

and 17

(C) in subsection (c)(1)— 18

(i) by striking ‘‘Amounts made’’ and 19

inserting the following: 20

‘‘(A) IN GENERAL.—Except as provided in 21

subparagraph (B), amounts made’’; and 22

(ii) by adding at the end the fol-23

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‘‘(B) EXCEPTION.—Amounts provided for 1

acquiring land for, constructing, or expanding a 2

public target range shall remain available for 3

expenditure and obligation during the 5-fiscal- 4

year period beginning on October 1 of the first 5

fiscal year for which the amounts are made 6

available.’’. 7

(d) SENSE OF CONGRESS REGARDING COOPERA-8

TION.—It is the sense of Congress that, consistent with 9

applicable laws (including regulations), the Chief of the 10

Forest Service and the Director of the Bureau of Land 11

Management should cooperate with State and local au-12

thorities and other entities to carry out waste removal and 13

other activities on any Federal land used as a public target 14

range to encourage continued use of that land for target 15

practice or marksmanship training. 16

SEC. 4. PERMITS FOR IMPORTATION OF POLAR BEAR TRO-17

PHIES TAKEN IN SPORT HUNTS IN CANADA. 18

Section 104(c)(5)(D) of the Marine Mammal Protec-19

tion Act of 1972 (16 U.S.C. 1374(c)(5)(D)) is amended 20

to read as follows: 21

‘‘(D)(i) The Secretary of the Interior shall, ex-22

peditiously after the expiration of the applicable 30- 23

day period under subsection (d)(2), issue a permit 24

for the importation of any polar bear part (other 25


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than an internal organ) from a polar bear taken in 1

a sport hunt in Canada to any person— 2

‘‘(I) who submits, with the permit applica-3

tion, proof that the polar bear was legally har-4

vested by the person before February 18, 1997; 5

or 6

‘‘(II) who has submitted, in support of a 7

permit application submitted before May 15, 8

2008, proof that the polar bear was legally har-9

vested by the person before May 15, 2008, from 10

a polar bear population from which a sport- 11

hunted trophy could be imported before that 12

date in accordance with section 18.30(i) of title 13

50, Code of Federal Regulations. 14

‘‘(ii) The Secretary shall issue permits under 15

clause (i)(I) without regard to subparagraphs (A) 16

and (C)(ii) of this paragraph, subsection (d)(3), and 17

sections 101 and 102. Sections 101(a)(3)(B) and 18

102(b)(3) shall not apply to the importation of any 19

polar bear part authorized by a permit issued under 20

clause (i)(I). This clause shall not apply to polar 21

bear parts that were imported before June 12, 1997. 22

‘‘(iii) The Secretary shall issue permits under 23

clause (i)(II) without regard to subparagraph (C)(ii) 24

of this paragraph or subsection (d)(3). Sections 25


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101(a)(3)(B) and 102(b)(3) shall not apply to the 1

importation of any polar bear part authorized by a 2

permit issued under clause (i)(II). This clause shall 3

not apply to polar bear parts that were imported be-4

fore the date of enactment of the Bipartisan Sports-5

men’s Act of 2015.’’. 6

SEC. 5. BAITING OF MIGRATORY GAME BIRDS. 7

Section 3 of the Migratory Bird Treaty Act (16 8

U.S.C. 704) is amended by striking subsection (b) and in-9


‘‘(b) PROHIBITION OF BAITING.— 11

‘‘(1) DEFINITIONS.—In this subsection: 12

‘‘(A) BAITED AREA.— 13

‘‘(i) IN GENERAL.—The term ‘baited 14

area’ means— 15

‘‘(I) any area on which salt, 16

grain, or other feed has been placed, 17

exposed, deposited, distributed, or 18

scattered, if the salt, grain, or feed 19

could lure or attract migratory game 20

birds; and 21

‘‘(II) in the case of waterfowl, 22

cranes (family Gruidae), and coots 23

(family Rallidae), a standing, 24

unharvested crop that has been ma-25


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nipulated through activities such as 1

mowing, discing, or rolling, unless the 2

activities are normal agricultural prac-3

tices. 4

‘‘(ii) EXCLUSIONS.—An area shall not 5

be considered to be a ‘baited area’ if the 6

area— 7

‘‘(I) has been treated with a nor-8

mal agricultural practice; 9

‘‘(II) has standing crops that 10

have not been manipulated; or 11

‘‘(III) has standing crops that 12

have been or are flooded. 13

‘‘(B) BAITING.—The term ‘baiting’ means 14

the direct or indirect placing, exposing, depos-15

iting, distributing, or scattering of salt, grain, 16

or other feed that could lure or attract migra-17

tory game birds to, on, or over any areas on 18

which a hunter is attempting to take migratory 19

game birds. 20

‘‘(C) MIGRATORY GAME BIRD.—The term 21

‘migratory game bird’ means migratory bird 22

species— 23


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‘‘(i) that are within the taxonomic 1

families of Anatidae, Columbidae, Gruidae, 2

Rallidae, and Scolopacidae; and 3

‘‘(ii) for which open seasons are pre-4

scribed by the Secretary of the Interior. 5

‘‘(D) NORMAL AGRICULTURAL PRAC-6

TICE.— 7

‘‘(i) IN GENERAL.—The term ‘normal 8

agricultural practice’ means any practice in 9

1 annual growing season that— 10

‘‘(I) is carried out in order to 11

produce a marketable crop, including 12

planting, harvest, post-harvest, or soil 13

conservation practices; and 14

‘‘(II) is recommended for the 15

successful harvest of a given crop by 16

the applicable State office of the Co-17

operative Extension System of the De-18

partment of Agriculture, in consulta-19

tion with, and if requested, the con-20

currence of, the head of the applicable 21

State department of fish and wildlife. 22

‘‘(ii) INCLUSIONS.— 23

‘‘(I) IN GENERAL.—Subject to 24

subclause (II), the term ‘normal agri-25


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cultural practice’ includes the destruc-1

tion of a crop in accordance with 2

practices required by the Federal 3

Crop Insurance Corporation for agri-4

cultural producers to obtain crop in-5

surance under the Federal Crop In-6

surance Act (7 U.S.C. 1501 et seq.) 7

on land on which a crop during the 8

current or immediately preceding crop 9

year was not harvestable due to a nat-10

ural disaster (including any hurricane, 11

storm, tornado, flood, high water, 12

wind-driven water, tidal wave, tsu-13

nami, earthquake, volcanic eruption, 14

landslide, mudslide, drought, fire, 15

snowstorm, or other catastrophe that 16

is declared a major disaster by the 17

President in accordance with section 18

401 of the Robert T. Stafford Dis-19

aster Relief and Emergency Assist-20

ance Act (42 U.S.C. 5170)). 21

‘‘(II) LIMITATIONS.—The term 22

‘normal agricultural practice’ only in-23

cludes a crop described in subclause 24

(I) that has been destroyed or manip-25


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ulated through activities that include 1

(but are not limited to) mowing, 2

discing, or rolling if the Federal Crop 3

Insurance Corporation certifies that 4

flooding was not an acceptable method 5

of destruction to obtain crop insur-6

ance under the Federal Crop Insur-7

ance Act (7 U.S.C. 1501 et seq.). 8

‘‘(E) WATERFOWL.—The term ‘waterfowl’ 9

means native species of the family Anatidae. 10

‘‘(2) PROHIBITION.—It shall be unlawful for 11

any person— 12

‘‘(A) to take any migratory game bird by 13

baiting or on or over any baited area, if the 14

person knows or reasonably should know that 15

the area is a baited area; or 16

‘‘(B) to place or direct the placement of 17

bait on or adjacent to an area for the purpose 18

of causing, inducing, or allowing any person to 19

take or attempt to take any migratory game 20

bird by baiting or on or over the baited area. 21

‘‘(3) REGULATIONS.—The Secretary of the In-22

terior may promulgate regulations to implement this 23

subsection. 24


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‘‘(4) REPORTS.—Annually, the Secretary of Ag-1

riculture shall submit to the Secretary of the Inte-2

rior a report that describes any changes to normal 3

agricultural practices across the range of crops 4

grown by agricultural producers in each region of 5

the United States in which the recommendations are 6

provided to agricultural producers.’’. 7

SEC. 6. PROTECTING THE RIGHT OF INDIVIDUALS TO BEAR 8

ARMS AT WATER RESOURCES DEVELOPMENT 9

PROJECTS. 10

The Secretary of the Army shall not promulgate or 11

enforce any regulation that prohibits an individual from 12

possessing a firearm, including an assembled or functional 13

firearm, in any area open to the public (other than a Fed-14

eral facility as defined in section 930(g) of title 18, United 15

States Code) at a water resources development project 16

covered under section 327.0 of title 36, Code of Federal 17

Regulations (as in effect on the date of enactment of this 18

Act), if— 19

(1) the individual is not otherwise prohibited by 20

law from possessing the firearm; and 21

(2) the possession of the firearm is in compli-22

ance with the law of the State in which the water 23

resources development project is located. 24


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SEC. 7. NORTH AMERICAN WETLANDS CONSERVATION ACT. 1

Section 7(c) of the North American Wetlands Con-2

servation Act (16 U.S.C. 4406(c)) is amended— 3

(1) in paragraph (4), by striking ‘‘and’’; 4

(2) in paragraph (5), by striking the period at 5

the end and inserting ‘‘; and’’; and 6

(3) by adding at the end the following: 7

‘‘(6) $50,000,000 for each of fiscal years 2015 8

through 2020.’’. 9

SEC. 8. MULTINATIONAL SPECIES CONSERVATION FUNDS 10

REAUTHORIZATION. 11

(a) REAUTHORIZATION OF AFRICAN ELEPHANT CON-12

SERVATION ACT.—Section 2306(a) of the African Ele-13

phant Conservation Act (16 U.S.C. 4245(a)) is amended 14

by striking ‘‘2007 through 2012’’ and inserting ‘‘2016 15

through 2020’’. 16

(b) REAUTHORIZATION OF RHINOCEROS AND TIGER 17

CONSERVATION ACT OF 1994.—Section 10(a) of the Rhi-18

noceros and Tiger Conservation Act of 1994 (16 U.S.C. 19

5306(a)) is amended by striking ‘‘2007 through 2012’’ 20

and inserting ‘‘2016 through 2020’’. 21

(c) REAUTHORIZATION OF ASIAN ELEPHANT CON-22

SERVATION ACT OF 1997.—Section 8(a) of the Asian Ele-23

phant Conservation Act of 1997 (16 U.S.C. 4266(a)) is 24

amended by striking ‘‘2007 through 2012’’ and inserting 25

‘‘2016 through 2020’’. 26


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(d) AMENDMENT AND REAUTHORIZATION OF GREAT 1

APE CONSERVATION ACT OF 2000.—The Great Ape Con-2

servation Act of 2000 is amended as follows: 3

(1) MULTIYEAR GRANTS.—In section 4 (16 4

U.S.C. 6303), by adding at the end the following 5

new subsections: 6

‘‘(j) MULTIYEAR GRANTS.— 7

‘‘(1) IN GENERAL.—The Secretary may award 8

a multiyear grant under this section to a person who 9

is otherwise eligible for a grant under this section, 10

to carry out a project that the person demonstrates 11

is an effective, long-term conservation strategy for 12

great apes and their habitats. 13

‘‘(2) ANNUAL GRANTS NOT AFFECTED.—This 14

subsection shall not be construed as precluding the 15

Secretary from awarding grants on an annual 16

basis.’’. 17

(2) PANEL OF EXPERTS.—In section 4(i) (16 18

U.S.C. 6303(i))— 19

(A) in paragraph (1), by— 20

(i) striking ‘‘Every 2 years’’ and in-21

serting ‘‘Within one year after the date of 22

the enactment of the Bipartisan Sports-23

men’s Act of 2015, and every 5 years 24

thereafter’’; 25


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(ii) striking ‘‘may convene’’ and in-1

serting ‘‘shall convene’’; 2

(iii) inserting ‘‘and priorities’’ after 3

‘‘needs’’; and 4

(iv) adding at the end the following 5

new sentence: ‘‘The panel shall, to the ex-6

tent practicable, include representatives 7

from foreign range states with expertise in 8

great ape conservation.’’; and 9

(B) by redesignating paragraph (2) as 10

paragraph (4), and inserting after paragraph 11

(1) the following new paragraphs: 12

‘‘(2) In identifying conservation needs and pri-13

orities under paragraph (1), the panel shall consider 14

relevant great ape conservation plans or strategies 15

including scientific research and findings related 16

to— 17

‘‘(A) the conservation needs and priorities 18

of great apes; 19

‘‘(B) regional or species-specific action 20

plans or strategies; 21

‘‘(C) applicable strategies developed or ini-22

tiated by the Secretary; and 23

‘‘(D) any other applicable conservation 24

plan or strategy. 25


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‘‘(3) The Secretary, subject to the availability 1

of appropriations, may pay expenses of convening 2

and facilitating meetings of the panel.’’. 3

(3) ADMINISTRATIVE EXPENSES LIMITATION.— 4

In section 5(b)(2) (16 U.S.C. 6304(b)(2)), by strik-5

ing ‘‘$100,000’’ and inserting ‘‘$150,000’’. 6

(4) AUTHORIZATION OF APPROPRIATIONS.—In 7

section 6 (16 U.S.C. 6305), by striking ‘‘2006 8

through 2010’’ and inserting ‘‘2016 through 2020’’. 9

(e) AMENDMENT AND REAUTHORIZATION OF MA-10

RINE TURTLE CONSERVATION ACT OF 2004.— 11

(1) IN GENERAL.—The Marine Turtle Con-12

servation Act of 2004 is amended— 13

(A) in sections 2(b) and 3(2) (16 U.S.C. 14

6601(b), 6602(2)), by inserting ‘‘and territories 15

of the United States’’ after ‘‘foreign countries’’ 16

each place it occurs; 17

(B) in section 3 (16 U.S.C. 6602) by add-18

ing at the end the following: 19

‘‘(7) TERRITORY OF THE UNITED STATES.— 20

The term ‘territory of the United States’ means each 21

of Puerto Rico, the United States Virgin Islands, 22

Guam, American Samoa, the Commonwealth of the 23

Northern Mariana Islands, and any other territory 24

or possession of the United States.’’; and 25


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(C) in section 4 (16 U.S.C. 6603)— 1

(i) in subsection (b)(1)(A), by insert-2

ing ‘‘or territory of the United States’’ 3

after ‘‘foreign country’’; and 4

(ii) in subsection (d) by inserting 5

‘‘and territories of the United States’’ after 6

‘‘foreign countries’’. 7


Section 5(b)(2) of the Marine Turtle Conservation 9

Act of 2004 (16 U.S.C. 6604(b)(2)) is amended by 10

striking ‘‘$80,000’’ and inserting ‘‘$150,000’’. 11

(3) REAUTHORIZATION.—Section 7 of the Ma-12

rine Turtle Conservation Act of 2004 (16 U.S.C. 13

6606) is amended by striking ‘‘each of fiscal years 14

2005 through 2009’’ and inserting ‘‘each of fiscal 15

years 2016 through 2020’’. 16

SEC. 9. INTEREST ON OBLIGATIONS HELD IN THE WILD-17

LIFE RESTORATION FUND. 18

Section 3(b)(2)(C) of the Pittman-Robertson Wildlife 19

Restoration Act (16 U.S.C. 669b) is amended by striking 20

‘‘2016’’ and inserting ‘‘2026’’. 21

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 22

(a) SHORT TITLE.—This Act may be cited as the ‘‘Bi-23

partisan Sportsmen’s Act of 2016’’. 24


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(b) TABLE OF CONTENTS.—The table of contents of this 1

Act is as follows: 2

Sec. 1. Short title; table of contents.

Sec. 2. Modification of definition of sport fishing equipment under the Toxic Sub-

stances Control Act.

Sec. 3. Target practice and marksmanship.

Sec. 4. Permits for importation of polar bear trophies taken in sport hunts in

Canada.

Sec. 5. Baiting of migratory game birds.

Sec. 7. North American Wetlands Conservation Act.

Sec. 8. Multinational Species Conservation Funds Reauthorization.

Sec. 9. Reauthorization of Neotropical Migratory Bird Conservation Act.

Sec. 10. Challenge cost-sharing program for management of recreation facilities.

Sec. 11. National Fish and Wildlife Foundation Establishment Act.

Sec. 12. Use of authorized pesticides; discharges of pesticides; report.

Sec. 13. Seaward boundaries.

Sec. 14. Reissuance of final rule regarding gray wolves in the Western Great

Lakes.

Sec. 15. Reissuance of final rule regarding gray wolves in Wyoming.

Sec. 16. Prohibition on issuance of final rule.

Sec. 17. National Fish Habitat Conservation.

SEC. 2. MODIFICATION OF DEFINITION OF SPORT FISHING 3

EQUIPMENT UNDER THE TOXIC SUBSTANCES 4

CONTROL ACT. 5

Section 3(2)(B) of the Toxic Substances Control Act 6

(15 U.S.C. 2602(2)(B)) is amended— 7

(1) in clause (v), by striking ‘‘and’’ at the end; 8

(2) in clause (vi) by striking the period at the 9

end and inserting ‘‘, and’’; and 10

(3) by inserting after clause (vi) the following: 11

‘‘(vii) any sport fishing equipment (as such term 12

is defined in section 4162(a) of the Internal Revenue 13

Code of 1986) the sale of which is subject to the tax 14

imposed by section 4161(a) of such Code (determined 15

without regard to any exemptions from such tax pro-16


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vided by section 4162 or 4221 or any other provision 1

of such Code), and sport fishing equipment compo-2

nents.’’. 3

SEC. 3. TARGET PRACTICE AND MARKSMANSHIP. 4

(a) PURPOSE.—The purpose of this section is to facili-5

tate the construction and expansion of public target ranges, 6

including ranges on Federal land managed by the Forest 7

Service and the Bureau of Land Management. 8

(b) DEFINITION OF PUBLIC TARGET RANGE.—In this 9

section, the term ‘‘public target range’’ means a specific lo-10

cation that— 11

(1) is identified by a governmental agency for 12

recreational shooting; 13

(2) is open to the public; 14

(3) may be supervised; and 15

(4) may accommodate archery or rifle, pistol, or 16

shotgun shooting. 17

(c) AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE 18

RESTORATION ACT.— 19

(1) DEFINITIONS.—Section 2 of the Pittman- 20

Robertson Wildlife Restoration Act (16 U.S.C. 669a) 21

is amended— 22

(A) by redesignating paragraphs (2) 23

through (8) as paragraphs (3) through (9), re-24

spectively; and 25


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(B) by inserting after paragraph (1) the fol-1

lowing: 2

‘‘(2) the term ‘public target range’ means a spe-3

cific location that— 4

‘‘(A) is identified by a governmental agency 5

for recreational shooting; 6

‘‘(B) is open to the public; 7

‘‘(C) may be supervised; and 8

‘‘(D) may accommodate archery or rifle, 9

pistol, or shotgun shooting;’’. 10

(2) EXPENDITURES FOR MANAGEMENT OF WILD-11

LIFE AREAS AND RESOURCES.—Section 8(b) of the 12

Pittman-Robertson Wildlife Restoration Act (16 13

U.S.C. 669g(b)) is amended— 14

(A) by striking ‘‘(b) Each State’’ and in-15


‘‘(b) EXPENDITURES FOR MANAGEMENT OF WILDLIFE 17

AREAS AND RESOURCES.— 18


graph (2), each State’’; 20

(B) in paragraph (1) (as so designated), by 21

striking ‘‘construction, operation,’’ and inserting 22

‘‘operation’’; 23

(C) in the second sentence, by striking ‘‘The 24

non-Federal share’’ and inserting the following: 25


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‘‘(3) NON-FEDERAL SHARE.—The non-Federal 1

share’’; 2

(D) in the third sentence, by striking ‘‘The 3

Secretary’’ and inserting the following: 4

‘‘(4) REGULATIONS.—The Secretary’’; and 5

(E) by inserting after paragraph (1) (as 6

designated by subparagraph (A)) the following: 7

‘‘(2) EXCEPTION.—Notwithstanding the limita-8

tion described in paragraph (1), a State may pay up 9

to 90 percent of the cost of acquiring land for, ex-10

panding, or constructing a public target range.’’. 11

(3) FIREARM AND BOW HUNTER EDUCATION AND 12

SAFETY PROGRAM GRANTS.—Section 10 of the Pitt-13

man-Robertson Wildlife Restoration Act (16 U.S.C. 14

669h–1) is amended— 15

(A) in subsection (a), by adding at the end 16

the following: 17

‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.—Of 18

the amount apportioned to a State for any fiscal year 19

under section 4(b), the State may elect to allocate not 20

more than 10 percent, to be combined with the 21

amount apportioned to the State under paragraph (1) 22

for that fiscal year, for acquiring land for, expanding, 23

or constructing a public target range.’’; 24


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(B) by striking subsection (b) and inserting 1

the following: 2

‘‘(b) COST SHARING.— 3


graph (2), the Federal share of the cost of any activity 5

carried out using a grant under this section shall not 6

exceed 75 percent of the total cost of the activity. 7

‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR 8

EXPANSION.—The Federal share of the cost of acquir-9

ing land for, expanding, or constructing a public tar-10

get range in a State on Federal or non-Federal land 11

pursuant to this section or section 8(b) shall not ex-12

ceed 90 percent of the cost of the activity.’’; and 13

(C) in subsection (c)(1)— 14

(i) by striking ‘‘Amounts made’’ and 15


‘‘(A) IN GENERAL.—Except as provided in 17

subparagraph (B), amounts made’’; and 18

(ii) by adding at the end the following: 19

‘‘(B) EXCEPTION.—Amounts provided for 20

acquiring land for, constructing, or expanding a 21

public target range shall remain available for ex-22

penditure and obligation during the 5-fiscal-year 23

period beginning on October 1 of the first fiscal 24


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year for which the amounts are made avail-1

able.’’. 2

(d) SENSE OF CONGRESS REGARDING COOPERA-3

TION.—It is the sense of Congress that, consistent with ap-4

plicable laws (including regulations), the Chief of the Forest 5

Service and the Director of the Bureau of Land Manage-6

ment should cooperate with State and local authorities and 7

other entities to carry out waste removal and other activi-8

ties on any Federal land used as a public target range to 9

encourage continued use of that land for target practice or 10

marksmanship training. 11

SEC. 4. PERMITS FOR IMPORTATION OF POLAR BEAR TRO-12

PHIES TAKEN IN SPORT HUNTS IN CANADA. 13

Section 104(c)(5)(D) of the Marine Mammal Protec-14

tion Act of 1972 (16 U.S.C. 1374(c)(5)(D)) is amended to 15

read as follows: 16

‘‘(D)(i) The Secretary of the Interior shall, expe-17

ditiously after the expiration of the applicable 30-day 18

period under subsection (d)(2), issue a permit for the 19

importation of any polar bear part (other than an in-20

ternal organ) from a polar bear taken in a sport hunt 21

in Canada to any person— 22

‘‘(I) who submits, with the permit applica-23

tion, proof that the polar bear was legally har-24

vested by the person before February 18, 1997; or 25


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‘‘(II) who has submitted, in support of a 1

permit application submitted before May 15, 2

2008, proof that the polar bear was legally har-3

vested by the person before May 15, 2008, from 4

a polar bear population from which a sport- 5

hunted trophy could be imported before that date 6

in accordance with section 18.30(i) of title 50, 7

Code of Federal Regulations. 8

‘‘(ii) The Secretary shall issue permits under 9

clause (i)(I) without regard to subparagraphs (A) and 10

(C)(ii) of this paragraph, subsection (d)(3), and sec-11

tions 101 and 102. Sections 101(a)(3)(B) and 12

102(b)(3) shall not apply to the importation of any 13

polar bear part authorized by a permit issued under 14

clause (i)(I). This clause shall not apply to polar bear 15

parts that were imported before June 12, 1997. 16

‘‘(iii) The Secretary shall issue permits under 17

clause (i)(II) without regard to subparagraph (C)(ii) 18

of this paragraph or subsection (d)(3). Sections 19

101(a)(3)(B) and 102(b)(3) shall not apply to the im-20

portation of any polar bear part authorized by a per-21

mit issued under clause (i)(II). This clause shall not 22

apply to polar bear parts that were imported before 23

the date of enactment of the Bipartisan Sportsmen’s 24

Act of 2016.’’. 25


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SEC. 5. BAITING OF MIGRATORY GAME BIRDS. 1

Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 2

704) is amended by striking subsection (b) and inserting 3

the following: 4

‘‘(b) PROHIBITION OF BAITING.— 5

‘‘(1) DEFINITIONS.—In this subsection: 6

‘‘(A) BAITED AREA.— 7

‘‘(i) IN GENERAL.—The term ‘baited 8

area’ means— 9

‘‘(I) any area on which salt, 10

grain, or other feed has been placed, 11

exposed, deposited, distributed, or scat-12

tered, if the salt, grain, or feed could 13

lure or attract migratory game birds; 14

and 15

‘‘(II) in the case of waterfowl, 16

cranes (family Gruidae), and coots 17

(family Rallidae), a standing, 18

unharvested crop that has been manip-19

ulated through activities such as mow-20

ing, discing, or rolling, unless the ac-21

tivities are normal agricultural prac-22

tices. 23

‘‘(ii) EXCLUSIONS.—An area shall not 24

be considered to be a ‘baited area’ if the 25

area— 26


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‘‘(I) has been treated with a nor-1

mal agricultural practice; 2

‘‘(II) has standing crops that have 3

not been manipulated; or 4

‘‘(III) has standing crops that 5

have been or are flooded. 6

‘‘(B) BAITING.—The term ‘baiting’ means 7

the direct or indirect placing, exposing, depos-8

iting, distributing, or scattering of salt, grain, or 9

other feed that could lure or attract migratory 10

game birds to, on, or over any areas on which 11

a hunter is attempting to take migratory game 12

birds. 13

‘‘(C) MIGRATORY GAME BIRD.—The term 14

‘migratory game bird’ means migratory bird 15

species— 16

‘‘(i) that are within the taxonomic 17

families of Anatidae, Columbidae, Gruidae, 18

Rallidae, and Scolopacidae; and 19

‘‘(ii) for which open seasons are pre-20

scribed by the Secretary of the Interior. 21

‘‘(D) NORMAL AGRICULTURAL PRACTICE.— 22

‘‘(i) IN GENERAL.—The term ‘normal 23

agricultural practice’ means any practice 24

in 1 annual growing season that— 25


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‘‘(I) is carried out in order to 1

produce a marketable crop, including 2

planting, harvest, post-harvest, or soil 3

conservation practices; and 4

‘‘(II) is recommended for the suc-5

cessful harvest of a given crop by the 6

applicable State office of the Coopera-7

tive Extension System of the Depart-8

ment of Agriculture, in consultation 9

with, and if requested, the concurrence 10

of, the head of the applicable State de-11

partment of fish and wildlife. 12

‘‘(ii) INCLUSIONS.— 13

‘‘(I) IN GENERAL.—Subject to 14

subclause (II), the term ‘normal agri-15

cultural practice’ includes the destruc-16

tion of a crop in accordance with prac-17

tices required by the Federal Crop In-18

surance Corporation for agricultural 19

producers to obtain crop insurance 20

under the Federal Crop Insurance Act 21

(7 U.S.C. 1501 et seq.) on land on 22

which a crop during the current or im-23

mediately preceding crop year was not 24

harvestable due to a natural disaster 25


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(including any hurricane, storm, tor-1

nado, flood, high water, wind-driven 2

water, tidal wave, tsunami, earth-3

quake, volcanic eruption, landslide, 4

mudslide, drought, fire, snowstorm, or 5

other catastrophe that is declared a 6

major disaster by the President in ac-7

cordance with section 401 of the Robert 8

T. Stafford Disaster Relief and Emer-9

gency Assistance Act (42 U.S.C. 10

5170)). 11

‘‘(II) LIMITATIONS.—The term 12

‘normal agricultural practice’ only in-13

cludes a crop described in subclause (I) 14

that has been destroyed or manipulated 15

through activities that include (but are 16

not limited to) mowing, discing, or 17

rolling if the Federal Crop Insurance 18

Corporation certifies that flooding was 19

not an acceptable method of destruction 20

to obtain crop insurance under the 21

Federal Crop Insurance Act (7 U.S.C. 22

1501 et seq.). 23

‘‘(E) WATERFOWL.—The term ‘waterfowl’ 24

means native species of the family Anatidae. 25


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‘‘(2) PROHIBITION.—It shall be unlawful for any 1

person— 2

‘‘(A) to take any migratory game bird by 3

baiting or on or over any baited area, if the per-4

son knows or reasonably should know that the 5

area is a baited area; or 6

‘‘(B) to place or direct the placement of bait 7

on or adjacent to an area for the purpose of 8

causing, inducing, or allowing any person to 9

take or attempt to take any migratory game bird 10

by baiting or on or over the baited area. 11

‘‘(3) REGULATIONS.—The Secretary of the Inte-12

rior may promulgate regulations to implement this 13

subsection. 14

‘‘(4) REPORTS.—Annually, the Secretary of Ag-15

riculture shall submit to the Secretary of the Interior 16

a report that describes any changes to normal agri-17

cultural practices across the range of crops grown by 18

agricultural producers in each region of the United 19

States in which the recommendations are provided to 20

agricultural producers.’’. 21


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SEC. 6. PROTECTING THE RIGHT OF INDIVIDUALS TO BEAR 1

ARMS AT WATER RESOURCES DEVELOPMENT 2

PROJECTS. 3

The Secretary of the Army shall not promulgate or en-4

force any regulation that prohibits an individual from pos-5

sessing a firearm, including an assembled or functional 6

firearm, in any area open to the public (other than a Fed-7

eral facility as defined in section 930(g) of title 18, United 8

States Code) at a water resources development project cov-9

ered under section 327.0 of title 36, Code of Federal Regula-10

tions (as in effect on the date of enactment of this Act), 11

if— 12

(1) the individual is not otherwise prohibited by 13

law from possessing the firearm; and 14

(2) the possession of the firearm is in compliance 15

with the law of the State in which the water resources 16

development project is located. 17

SEC. 7. NORTH AMERICAN WETLANDS CONSERVATION ACT. 18

(a) REAL PROPERTY.—Section 6(a)(3) of the North 19

American Wetlands Conservation Act (16 U.S.C. 20

4405(a)(3)) is amended— 21

(1) by striking ‘‘(3) in lieu of’’ and inserting the 22

following: 23

‘‘(3) PROVISION OF FUNDS OR CONVEYANCE OF 24

REAL PROPERTY INTEREST.— 25

‘‘(A) IN GENERAL.—In lieu of’’; 26


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(2) in the second sentence, by striking ‘‘The Sec-1

retary shall’’ and inserting the following: 2

‘‘(B) DETERMINATION.—The Secretary 3

shall’’; and 4

(3) by striking the third sentence and inserting 5

the following: 6

‘‘(C) REAL PROPERTY.—Any real property 7

interest conveyed under this paragraph shall be 8

subject to terms and conditions that ensure 9

that— 10

‘‘(i) the real property interest will be 11

administered for the long-term conservation 12

and management of the wetland ecosystem 13

and the fish and wildlife dependent on that 14

ecosystem; 15

‘‘(ii) the grantor of a real property in-16

terest has been provided with information 17

relating to all available conservation op-18

tions, including conservation options that 19

involve the conveyance of a real property 20

interest for a limited period of time; and 21

‘‘(iii) the provision of the information 22

described in clause (ii) has been docu-23

mented.’’. 24


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(b) AUTHORIZATION OF APPROPRIATIONS.—Section 1

7(c) of the North American Wetlands Conservation Act (16 2

U.S.C. 4406(c)) is amended— 3

(1) in paragraph (4), by striking ‘‘and’’; 4

(2) in paragraph (5), by striking the period at 5

the end and inserting ‘‘; and’’; and 6


‘‘(6) $50,000,000 for each of fiscal years 2016 8

through 2021.’’. 9

SEC. 8. MULTINATIONAL SPECIES CONSERVATION FUNDS 10

REAUTHORIZATION. 11

(a) REAUTHORIZATION OF AFRICAN ELEPHANT CON-12

SERVATION ACT.—Section 2306(a) of the African Elephant 13

Conservation Act (16 U.S.C. 4245(a)) is amended by strik-14

ing ‘‘2007 through 2012’’ and inserting ‘‘2016 through 15

2020’’. 16

(b) REAUTHORIZATION OF RHINOCEROS AND TIGER 17

CONSERVATION ACT OF 1994.—Section 10(a) of the Rhinoc-18

eros and Tiger Conservation Act of 1994 (16 U.S.C. 19

5306(a)) is amended by striking ‘‘2007 through 2012’’ and 20

inserting ‘‘2016 through 2020’’. 21

(c) REAUTHORIZATION OF ASIAN ELEPHANT CON-22

SERVATION ACT OF 1997.—Section 8(a) of the Asian Ele-23

phant Conservation Act of 1997 (16 U.S.C. 4266(a)) is 24


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amended by striking ‘‘2007 through 2012’’ and inserting 1

‘‘2016 through 2020’’. 2

(d) AMENDMENT AND REAUTHORIZATION OF GREAT 3

APE CONSERVATION ACT OF 2000.—The Great Ape Con-4

servation Act of 2000 is amended as follows: 5

(1) MULTIYEAR GRANTS.—In section 4 (16 6

U.S.C. 6303), by adding at the end the following new 7

subsections: 8

‘‘(j) MULTIYEAR GRANTS.— 9

‘‘(1) IN GENERAL.—The Secretary may award a 10

multiyear grant under this section to a person who 11

is otherwise eligible for a grant under this section, to 12

carry out a project that the person demonstrates is an 13

effective, long-term conservation strategy for great 14

apes and their habitats. 15

‘‘(2) ANNUAL GRANTS NOT AFFECTED.—This 16

subsection shall not be construed as precluding the 17

Secretary from awarding grants on an annual 18

basis.’’. 19

(2) PANEL OF EXPERTS.—In section 4(i) (16 20

U.S.C. 6303(i))— 21

(A) in paragraph (1), by— 22

(i) striking ‘‘Every 2 years’’ and in-23

serting ‘‘Within one year after the date of 24

the enactment of the Bipartisan Sports-25


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men’s Act of 2016, and every 5 years there-1

after’’; 2

(ii) striking ‘‘may convene’’ and in-3

serting ‘‘shall convene’’; 4

(iii) inserting ‘‘and priorities’’ after 5

‘‘needs’’; and 6

(iv) adding at the end the following 7

new sentence: ‘‘The panel shall, to the extent 8

practicable, include representatives from 9

foreign range states with expertise in great 10

ape conservation.’’; and 11

(B) by redesignating paragraph (2) as 12

paragraph (4), and inserting after paragraph 13

(1) the following new paragraphs: 14

‘‘(2) In identifying conservation needs and pri-15

orities under paragraph (1), the panel shall consider 16

relevant great ape conservation plans or strategies in-17

cluding scientific research and findings related to— 18

‘‘(A) the conservation needs and priorities 19

of great apes; 20

‘‘(B) regional or species-specific action 21

plans or strategies; 22

‘‘(C) applicable strategies developed or initi-23

ated by the Secretary; and 24


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‘‘(D) any other applicable conservation plan 1

or strategy. 2

‘‘(3) The Secretary, subject to the availability of 3

appropriations, may pay expenses of convening and 4

facilitating meetings of the panel.’’. 5

(3) ADMINISTRATIVE EXPENSES LIMITATION.—In 6

section 5(b)(2) (16 U.S.C. 6304(b)(2)), by striking 7

‘‘$100,000’’ and inserting ‘‘$150,000’’. 8

(4) AUTHORIZATION OF APPROPRIATIONS.—In 9

section 6 (16 U.S.C. 6305), by striking ‘‘2006 through 10

2010’’ and inserting ‘‘2016 through 2020’’. 11

(e) AMENDMENT AND REAUTHORIZATION OF MARINE 12

TURTLE CONSERVATION ACT OF 2004.— 13

(1) IN GENERAL.—The Marine Turtle Conserva-14

tion Act of 2004 is amended— 15

(A) in sections 2(b) and 3(2) (16 U.S.C. 16

6601(b), 6602(2)), by inserting ‘‘and territories 17

of the United States’’ after ‘‘foreign countries’’ 18

each place it occurs; 19

(B) in section 3 (16 U.S.C. 6602) by adding 20

at the end the following: 21

‘‘(7) TERRITORY OF THE UNITED STATES.—The 22

term ‘territory of the United States’ means each of 23

Puerto Rico, the United States Virgin Islands, Guam, 24

American Samoa, the Commonwealth of the Northern 25


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Mariana Islands, and any other territory or posses-1

sion of the United States.’’; and 2

(C) in section 4 (16 U.S.C. 6603)— 3

(i) in subsection (b)(1)(A), by inserting 4

‘‘or territory of the United States’’ after 5

‘‘foreign country’’; and 6

(ii) in subsection (d) by inserting ‘‘and 7

territories of the United States’’ after ‘‘for-8

eign countries’’. 9


Section 5(b)(2) of the Marine Turtle Conservation Act 11

of 2004 (16 U.S.C. 6604(b)(2)) is amended by strik-12

ing ‘‘$80,000’’ and inserting ‘‘$150,000’’. 13

(3) REAUTHORIZATION.—Section 7 of the Ma-14

rine Turtle Conservation Act of 2004 (16 U.S.C. 15

6606) is amended by striking ‘‘each of fiscal years 16

2005 through 2009’’ and inserting ‘‘each of fiscal 17

years 2016 through 2020’’. 18

SEC. 9. REAUTHORIZATION OF NEOTROPICAL MIGRATORY 19

BIRD CONSERVATION ACT. 20

Section 10 of the Neotropical Migratory Bird Con-21

servation Act (16 U.S.C. 6109) is amended to read as fol-22

lows: 23


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‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 1

‘‘(a) IN GENERAL.—There is authorized to be appro-2

priated to carry out this Act $6,500,000 for each of fiscal 3

years 2015 through 2020. 4

‘‘(b) USE OF FUNDS.—Of the amounts made available 5

under subsection (a) for each fiscal year, not less than 75 6

percent shall be expended for projects carried out at a loca-7

tion outside of the United States.’’. 8

SEC. 10. CHALLENGE COST-SHARING PROGRAM FOR MAN-9

AGEMENT OF RECREATION FACILITIES. 10

Section 225 of the Water Resources Development Act 11

of 1992 (33 U.S.C. 2328) is amended— 12

(1) by redesignating subsection (c) as subsection 13

(d); and 14

(2) by inserting after subsection (b) the fol-15

lowing: 16

‘‘(c) USER FEES.— 17

‘‘(1) COLLECTION OF FEES.— 18

‘‘(A) IN GENERAL.—The Secretary may 19

allow a non-Federal public or private entity that 20

has entered into an agreement pursuant to sub-21

section (b) to collect user fees for the use of devel-22

oped recreation sites and facilities, whether de-23

veloped or constructed by that entity or the De-24

partment of the Army. 25


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‘‘(B) USE OF VISITOR RESERVATION SERV-1

ICES.—A public or private entity described in 2

subparagraph (A) may use to manage fee collec-3

tions and reservations under this section any 4

visitor reservation service that the Secretary has 5

provided for by contract or interagency agree-6

ment, subject to such terms and conditions as the 7

Secretary determines to be appropriate. 8

‘‘(2) USE OF FEES.—A non-Federal public or 9

private entity that collects user fees under paragraph 10

(1) may— 11

‘‘(A) retain up to 100 percent of the fees col-12

lected, as determined by the Secretary; and 13

‘‘(B) notwithstanding section 210(b)(4) of 14

the Flood Control Act of 1968 (16 U.S.C. 460d– 15

3(b)(4)), use that amount for operation, mainte-16

nance, and management at the recreation site at 17

which the fee is collected. 18

‘‘(3) TERMS AND CONDITIONS.—The authority of 19

a non-Federal public or private entity under this sub-20

section shall be subject to such terms and conditions 21

as the Secretary determines necessary to protect the 22

interests of the United States.’’. 23


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SEC. 11. NATIONAL FISH AND WILDLIFE FOUNDATION ES-1

TABLISHMENT ACT. 2

(a) BOARD OF DIRECTORS OF THE FOUNDATION.— 3

(1) IN GENERAL.—Section 3 of the National Fish 4

and Wildlife Foundation Establishment Act (16 5

U.S.C. 3702) is amended— 6

(A) in subsection (b)— 7

(i) by striking paragraph (2) and in-8


‘‘(2) IN GENERAL.—After consulting with the 10

Secretary of Commerce and considering the rec-11

ommendations submitted by the Board, the Secretary 12

of the Interior shall appoint 28 Directors who, to the 13

maximum extent practicable, shall— 14

‘‘(A) be knowledgeable and experienced in 15

matters relating to the conservation of fish, wild-16

life, or other natural resources; and 17

‘‘(B) represent a balance of expertise in 18

ocean, coastal, freshwater, and terrestrial re-19

source conservation.’’; and 20

(ii) by striking paragraph (3) and in-21


‘‘(3) TERMS.—Each Director (other than a Di-23

rector described in paragraph (1)) shall be appointed 24

for a term of 6 years.’’; and 25

(B) in subsection (g)(2)— 26


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(i) in subparagraph (A), by striking 1

‘‘(A) Officers and employees may not be ap-2

pointed until the Foundation has sufficient 3

funds to pay them for their service. Offi-4

cers’’ and inserting the following: 5

‘‘(A) IN GENERAL.—Officers’’; and 6

(ii) by striking subparagraph (B) and 7


‘‘(B) EXECUTIVE DIRECTOR.—The Founda-9

tion shall have an Executive Director who shall 10

be— 11

‘‘(i) appointed by, and serve at the di-12

rection of, the Board as the chief executive 13

officer of the Foundation; and 14

‘‘(ii) knowledgeable and experienced in 15

matters relating to fish and wildlife con-16

servation.’’. 17

(2) CONFORMING AMENDMENT.—Section 18

4(a)(1)(B) of the North American Wetlands Conserva-19

tion Act (16 U.S.C. 4403(a)(1)(B)) is amended by 20

striking ‘‘Secretary of the Board’’ and inserting ‘‘Ex-21

ecutive Director of the Board’’. 22

(b) RIGHTS AND OBLIGATIONS OF THE FOUNDA-23

TION.—Section 4 of the National Fish and Wildlife Founda-24

tion Establishment Act (16 U.S.C. 3703) is amended— 25


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(1) in subsection (c)— 1

(A) by striking ‘‘(c) POWERS.—To carry 2

out its purposes under’’ and inserting the fol-3

lowing: 4

‘‘(c) POWERS.— 5

‘‘(1) IN GENERAL.—To carry out the purposes 6

described in’’; 7

(B) by redesignating paragraphs (1) 8

through (11) as subparagraphs (A) through (K), 9

respectively, and indenting appropriately; 10

(C) in subparagraph (D) (as redesignated 11

by subparagraph (B)), by striking ‘‘that are in-12

sured by an agency or instrumentality of the 13

United States’’ and inserting ‘‘at 1 or more fi-14

nancial institutions that are members of the Fed-15

eral Deposit Insurance Corporation or the Secu-16

rities Investment Protection Corporation’’; 17

(D) in subparagraph (E) (as redesignated 18

by subparagraph (B)), by striking ‘‘paragraph 19

(3) or (4)’’ and inserting ‘‘subparagraph (C) or 20

(D)’’; 21

(E) in subparagraph (J) (as redesignated 22

by subparagraph (B)), by striking ‘‘; and’’ and 23

inserting a semicolon; 24


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(F) by striking subparagraph (K) (as redes-1

ignated by subparagraph (B)) and inserting the 2

following: 3

‘‘(K) to receive and administer restitution 4

and community service payments, amounts for 5

mitigation of impacts to natural resources, and 6

other amounts arising from legal, regulatory, or 7

administrative proceedings, subject to the condi-8

tion that the amounts are received or adminis-9

tered for purposes that further the conservation 10

and management of fish, wildlife, plants, and 11

other natural resources; and 12

‘‘(L) to do acts necessary to carry out the 13

purposes of the Foundation.’’; and 14

(G) by striking the undesignated matter at 15

the end and inserting the following: 16

‘‘(2) TREATMENT OF REAL PROPERTY.— 17

‘‘(A) IN GENERAL.—For purposes of this 18

Act, an interest in real property shall be treated 19

as including easements or other rights for preser-20

vation, conservation, protection, or enhancement 21

by and for the public of natural, scenic, historic, 22

scientific, educational, inspirational, or rec-23

reational resources. 24


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‘‘(B) ENCUMBERED REAL PROPERTY.—A 1

gift, devise, or bequest may be accepted by the 2

Foundation even though the gift, devise, or be-3

quest is encumbered, restricted, or subject to ben-4

eficial interests of private persons if any current 5

or future interest in the gift, devise, or bequest 6

is for the benefit of the Foundation. 7

‘‘(3) SAVINGS CLAUSE.—The acceptance and ad-8

ministration of amounts by the Foundation under 9

paragraph (1)(K) does not alter, supersede, or limit 10

any regulatory or statutory requirement associated 11

with those amounts.’’; 12

(2) by striking subsections (f) and (g); and 13

(3) by redesignating subsections (h) and (i) as 14

subsections (f) and (g), respectively. 15

(c) AUTHORIZATION OF APPROPRIATIONS.—Section 10 16

of the National Fish and Wildlife Foundation Establish-17

ment Act (16 U.S.C. 3709) is amended— 18

(1) in subsection (a), by striking paragraph (1) 19

and inserting the following: 20

‘‘(1) IN GENERAL.—There are authorized to be 21

appropriated to carry out this Act for each of fiscal 22

years 2015 through 2020— 23

‘‘(A) $15,000,000 to the Secretary of the In-24

terior; 25


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‘‘(B) $5,000,000 to the Secretary of Agri-1

culture; and 2

‘‘(C) $5,000,000 to the Secretary of Com-3

merce.’’; 4

(2) in subsection (b)— 5

(A) by striking paragraph (1) and inserting 6

the following: 7

‘‘(1) AMOUNTS FROM FEDERAL AGENCIES.— 8

‘‘(A) IN GENERAL.—In addition to the 9

amounts authorized to be appropriated under 10

subsection (a), Federal departments, agencies, or 11

instrumentalities may provide Federal funds to 12

the Foundation, subject to the condition that the 13

amounts are used for purposes that further the 14

conservation and management of fish, wildlife, 15

plants, and other natural resources in accord-16

ance with this Act. 17

‘‘(B) ADVANCES.—Federal departments, 18

agencies, or instrumentalities may advance 19

amounts described in subparagraph (A) to the 20

Foundation in a lump sum without regard to 21

when the expenses for which the amounts are 22

used are incurred. 23


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‘‘(C) MANAGEMENT FEES.—The Foundation 1

may assess and collect fees for the management 2

of amounts received under this paragraph.’’; 3

(B) in paragraph (2)— 4

(i) in the paragraph heading, by strik-5

ing ‘‘FUNDS’’ and inserting ‘‘AMOUNTS’’; 6

(ii) by striking ‘‘shall be used’’ and in-7

serting ‘‘may be used’’; and 8

(iii) by striking ‘‘and State and local 9

government agencies’’ and inserting ‘‘, State 10

and local government agencies, and other 11

entities’’; and 12

(C) by adding at the end the following: 13

‘‘(3) ADMINISTRATION OF AMOUNTS.— 14

‘‘(A) IN GENERAL.—In entering into con-15

tracts, agreements, or other partnerships pursu-16

ant to this Act, a Federal department, agency, or 17

instrumentality shall have discretion to waive 18

any competitive process applicable to the depart-19

ment, agency, or instrumentality for entering 20

into contracts, agreements, or partnerships with 21

the Foundation if the purpose of the waiver is— 22

‘‘(i) to address an environmental emer-23

gency resulting from a natural or other dis-24

aster; or 25


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‘‘(ii) as determined by the head of the 1

applicable Federal department, agency, or 2

instrumentality, to reduce administrative 3

expenses and expedite the conservation and 4

management of fish, wildlife, plants, and 5

other natural resources. 6

‘‘(B) REPORTS.—The Foundation shall in-7

clude in the annual report submitted under sec-8

tion 7(b) a description of any use of the author-9

ity under subparagraph (A) by a Federal de-10

partment, agency, or instrumentality in that fis-11

cal year.’’; and 12


‘‘(d) USE OF GIFTS, DEVISES, OR BEQUESTS OF 14

MONEY OR OTHER PROPERTY.—Any gifts, devises, or be-15

quests of amounts or other property, or any other amounts 16

or other property, transferred to, deposited with, or other-17

wise in the possession of the Foundation pursuant to this 18

Act, may be made available by the Foundation to Federal 19

departments, agencies, or instrumentalities and may be ac-20

cepted and expended (or the disposition of the amounts or 21

property directed), without further appropriation, by those 22

Federal departments, agencies, or instrumentalities, subject 23

to the condition that the amounts or property be used for 24


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purposes that further the conservation and management of 1

fish, wildlife, plants, and other natural resources.’’. 2

(d) LIMITATION ON AUTHORITY.—Section 11 of the 3

National Fish and Wildlife Foundation Establishment Act 4

(16 U.S.C. 3710) is amended by inserting ‘‘exclusive’’ before 5

‘‘authority’’. 6

SEC. 12. USE OF AUTHORIZED PESTICIDES; DISCHARGES OF 7

PESTICIDES; REPORT. 8

(a) USE OF AUTHORIZED PESTICIDES.—Section 3(f) 9

of the Federal Insecticide, Fungicide, and Rodenticide Act 10

(7 U.S.C. 136a(f)) is amended by adding at the end the 11

following: 12

‘‘(5) USE OF AUTHORIZED PESTICIDES.—Except 13

as provided in section 402(s) of the Federal Water 14

Pollution Control Act (33 U.S.C. 1342), the Adminis-15

trator or a State shall not require a permit under 16

that Act for a discharge from a point source into nav-17

igable waters of— 18

‘‘(A) a pesticide authorized for sale, dis-19

tribution, or use under this Act; or 20

‘‘(B) the residue of the pesticide, resulting 21

from the application of the pesticide.’’. 22

(b) DISCHARGES OF PESTICIDES.—Section 402 of the 23

Federal Water Pollution Control Act (33 U.S.C. 1342) is 24

amended by adding at the end the following: 25


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‘‘(s) DISCHARGES OF PESTICIDES.— 1

‘‘(1) NO PERMIT REQUIREMENT.—Except as pro-2

vided in paragraph (2), a permit shall not be re-3

quired by the Administrator or a State under this Act 4

for a discharge from a point source into navigable 5

waters of— 6

‘‘(A) a pesticide authorized for sale, dis-7

tribution, or use under the Federal Insecticide, 8

Fungicide, and Rodenticide Act (7 U.S.C. 136 et 9

seq.); or 10

‘‘(B) the residue of the pesticide, resulting 11

from the application of the pesticide. 12

‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 13

apply to the following discharges of a pesticide or pes-14

ticide residue: 15

‘‘(A) A discharge resulting from the appli-16

cation of a pesticide in violation of a provision 17

of the Federal Insecticide, Fungicide, and 18

Rodenticide Act (7 U.S.C. 136 et seq.) relevant 19

to protecting water quality if— 20

‘‘(i) the discharge would not have oc-21

curred without the violation; or 22

‘‘(ii) the amount of pesticide or pes-23

ticide residue in the discharge is greater 24


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than would have occurred without the viola-1

tion. 2

‘‘(B) Stormwater discharges subject to regu-3

lation under subsection (p). 4

‘‘(C) The following discharges subject to reg-5

ulation under this section: 6

‘‘(i) Manufacturing or industrial efflu-7

ent. 8

‘‘(ii) Treatment works effluent. 9

‘‘(iii) Discharges incidental to the nor-10

mal operation of a vessel, including a dis-11

charge resulting from ballasting operations 12

or vessel biofouling prevention.’’. 13

(c) REPORT.—Not later than 1 year after the date of 14

enactment of this Act, the Administrator of the Environ-15

mental Protection Agency, in consultation with the Sec-16

retary of Agriculture, shall submit a report to the Com-17

mittee on Environment and Public Works and the Com-18

mittee on Agriculture of the Senate and the Committee on 19

Transportation and Infrastructure and the Committee on 20

Agriculture of the House of Representatives that includes— 21

(1) the status of intra-agency coordination be-22

tween the Office of Water and the Office of Pesticide 23

Programs of the Environmental Protection Agency re-24

garding streamlining information collection, stand-25


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ards of review, and data use relating to water quality 1

impacts from the registration and use of pesticides; 2

(2) an analysis of the effectiveness of current reg-3

ulatory actions relating to pesticide registration and 4

use aimed at protecting water quality; and 5

(3) any recommendations on how the Federal In-6

secticide, Fungicide, and Rodenticide Act (7 U.S.C. 7

136 et seq.) can be modified to better protect water 8

quality and human health. 9

SEC. 13. SEAWARD BOUNDARIES. 10

(a) IN GENERAL.—Section 4 of the Submerged Lands 11

Act (43 U.S.C. 1312) is amended— 12

(1) in the first sentence, by striking ‘‘The’’ and 13


‘‘(a) GENERAL RULE.— 15

‘‘(1) IN GENERAL.—Except for the States de-16

scribed in subsection (b), the’’; 17

(2) in the second sentence, by striking ‘‘Any 18

State’’ and inserting the following: 19

‘‘(2) EXTENSIONS.—Any State’’; 20

(3) in the third sentence, by striking ‘‘Any 21

claim’’ and inserting the following: 22

‘‘(3) CLAIMS.—Any claim’’; 23

(4) in the fourth sentence, by striking ‘‘Nothing’’ 24

and inserting the following: 25


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‘‘(4) PRIOR APPROVAL.—Nothing’’; and 1


‘‘(b) SEAWARD BOUNDARIES OF CERTAIN COASTAL 3

STATES.—Subject to subsection (a), for management activi-4

ties pursuant to the fishery management plan for the reef 5

fish resources of the Gulf of Mexico or any amendment to 6

such plan, the seaward boundary of each of the following 7

States shall be a line 3 marine leagues distant from the 8

coast line of the State as of the date that is 1 day before 9

the date of enactment of this subsection: 10

‘‘(1) Alabama. 11

‘‘(2) Florida. 12

‘‘(3) Louisiana. 13

‘‘(4) Mississippi.’’. 14

(b) CONFORMING AMENDMENTS.—Section 2 of the 15

Submerged Lands Act (43 U.S.C. 1301) is amended— 16

(1) in subsection (a)(2), by inserting ‘‘, or 3 ma-17

rine leagues distant from the coast line of a State de-18

scribed in section 4(b),’’ after ‘‘the coast line of each 19

such State’’; and 20

(2) in subsection (b)— 21

(A) by striking ‘‘from the coast line’’; 22

(B) by inserting ‘‘from the coast line of a 23

State, or more than 3 marine leagues from the 24


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coast line of a State described in section 4(b),’’ 1

after ‘‘three geographical miles’’; and 2

(C) by inserting ‘‘from the coast line of a 3

State, or more than 3 marine leagues from the 4

coast line of a State described in section 4(b),’’ 5

after ‘‘three marine leagues’’. 6

SEC. 14. REISSUANCE OF FINAL RULE REGARDING GRAY 7

WOLVES IN THE WESTERN GREAT LAKES. 8

Before the end of the 60-day period beginning on the 9

date of enactment of this Act, the Secretary of the Interior 10

shall reissue the final rule published on December 28, 2011 11

(76 Fed. Reg. 81666), without regard to any other provision 12

of statute or regulation that applies to issuance of such rule. 13

Such reissuance shall not be subject to judicial review. 14

SEC. 15. REISSUANCE OF FINAL RULE REGARDING GRAY 15

WOLVES IN WYOMING. 16

Before the end of the 60-day period beginning on the 17

date of enactment of this Act, the Secretary of the Interior 18

shall reissue the final rule published on September 10, 2012 19

(77 Fed. Reg. 55530), without regard to any other provision 20

of statute or regulation that applies to issuance of such rule. 21

Such reissuance shall not be subject to judicial review. 22

SEC. 16. PROHIBITION ON ISSUANCE OF FINAL RULE. 23

The Director of the United States Fish and Wildlife 24

Service shall not issue a final rule that— 25


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(1) succeeds the proposed rule entitled ‘‘Non-Sub-1

sistence Take of Wildlife, and Public Participation 2

and Closure Procedures, on National Wildlife Refuges 3

in Alaska’’ (81 Fed. Reg. 887 (January 8, 2016)); or 4

(2) is substantially similar to that proposed rule. 5

SEC. 17. NATIONAL FISH HABITAT CONSERVATION. 6

(a) SHORT TITLE.—This section may be cited as the 7

‘‘National Fish Habitat Conservation Through Partner-8

ships Act’’. 9

(b) PURPOSE.—The purpose of this section is to en-10

courage partnerships among public agencies and other in-11

terested parties to promote fish conservation— 12

(1) to achieve measurable habitat conservation 13

results through strategic actions of Fish Habitat Part-14

nerships that lead to better fish habitat conditions 15

and increased fishing opportunities by— 16

(A) improving ecological conditions; 17

(B) restoring natural processes; or 18

(C) preventing the decline of intact and 19

healthy systems; 20

(2) to establish a consensus set of national con-21

servation strategies as a framework to guide future 22

actions and investment by Fish Habitat Partnerships; 23

(3) to broaden the community of support for fish 24

habitat conservation by— 25


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(A) increasing fishing opportunities; 1

(B) fostering the participation of local com-2

munities, especially young people in local com-3

munities, in conservation activities; and 4

(C) raising public awareness of the role 5

healthy fish habitat play in the quality of life 6

and economic well-being of local communities; 7

(4) to fill gaps in the National Fish Habitat As-8

sessment and the associated database of the National 9

Fish Habitat Assessment— 10

(A) to empower strategic conservation ac-11

tions supported by broadly available scientific 12

information; and 13

(B) to integrate socioeconomic data in the 14

analysis to improve the lives of humans in a 15

manner consistent with fish habitat conservation 16

goals; and 17

(5) to communicate to the public and conserva-18

tion partners— 19

(A) the conservation outcomes produced col-20

lectively by Fish Habitat Partnerships; and 21

(B) new opportunities and voluntary ap-22

proaches for conserving fish habitat. 23

(c) DEFINITIONS.—In this section: 24


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(1) APPROPRIATE CONGRESSIONAL COMMIT-1

TEES.—The term ‘‘appropriate congressional commit-2

tees’’ means— 3

(A) the Committee on Commerce, Science, 4

and Transportation and the Committee on Envi-5

ronment and Public Works of the Senate; and 6

(B) the Committee on Natural Resources of 7

the House of Representatives. 8

(2) BOARD.—The term ‘‘Board’’ means the Na-9

tional Fish Habitat Board established by subsection 10

(d)(1)(A). 11

(3) DIRECTOR.—The term ‘‘Director’’ means the 12

Director of the United States Fish and Wildlife Serv-13

ice. 14

(4) EPA ASSISTANT ADMINISTRATOR.—The term 15

‘‘EPA Assistant Administrator’’ means the Assistant 16

Administrator for Water of the Environmental Pro-17

tection Agency. 18

(5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 19

the meaning given the term in section 4 of the Indian 20

Self-Determination and Education Assistance Act (25 21

U.S.C. 450b). 22

(6) NOAA ASSISTANT ADMINISTRATOR.—The 23

term ‘‘NOAA Assistant Administrator’’ means the As-24


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sistant Administrator for Fisheries of the National 1

Oceanic and Atmospheric Administration. 2

(7) PARTNERSHIP.—The term ‘‘Partnership’’ 3

means a self-governed entity designated by the Board 4

as a Fish Habitat Conservation Partnership pursuant 5

to subsection (e)(1) . 6

(8) REAL PROPERTY INTEREST.—The term ‘‘real 7

property interest’’ means an ownership interest in— 8

(A) land; or 9

(B) water (including water rights). 10

(9) SECRETARY.—The term ‘‘Secretary’’ means 11

the Secretary of the Interior. 12

(10) STATE.—The term ‘‘State’’ means each of 13

the several States. 14

(11) STATE AGENCY.—The term ‘‘State agency’’ 15

means— 16

(A) the fish and wildlife agency of a State; 17

and 18

(B) any department or division of a depart-19

ment or agency of a State that manages in the 20

public trust the inland or marine fishery re-21

sources or sustains the habitat for those fishery 22

resources of the State pursuant to State law or 23

the constitution of the State. 24

(d) NATIONAL FISH HABITAT BOARD.— 25


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(1) ESTABLISHMENT.— 1

(A) FISH HABITAT BOARD.—There is estab-2

lished a board, to be known as the ‘‘National 3

Fish Habitat Board’’, whose duties are— 4

(i) to promote, oversee, and coordinate 5

the implementation of this section; 6

(ii) to establish national goals and pri-7

orities for fish habitat conservation; 8

(iii) to approve Partnerships; and 9

(iv) to review and make recommenda-10

tions regarding fish habitat conservation 11

projects. 12

(B) MEMBERSHIP.—The Board shall be 13

composed of 25 members, of whom— 14

(i) 1 shall be a representative of the 15

Department of the Interior; 16

(ii) 1 shall be a representative of the 17

United States Geological Survey; 18

(iii) 1 shall be a representative of the 19

Department of Commerce; 20

(iv) 1 shall be a representative of the 21

Department of Agriculture; 22

(v) 1 shall be a representative of the 23

Association of Fish and Wildlife Agencies; 24


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(vi) 4 shall be representatives of State 1

agencies, 1 of whom shall be nominated by 2

a regional association of fish and wildlife 3

agencies from each of the Northeast, South-4

east, Midwest, and Western regions of the 5

United States; 6

(vii) 1 shall be a representative of ei-7

ther— 8

(I) Indian tribes in the State of 9

Alaska; or 10

(II) Indian tribes in States other 11

than the State of Alaska; 12

(viii) 1 shall be a representative of ei-13

ther— 14

(I) the Regional Fishery Manage-15

ment Councils established under sec-16

tion 302 of the Magnuson-Stevens 17

Fishery Conservation and Management 18

Act (16 U.S.C. 1852); or 19

(II) a representative of the Marine 20

Fisheries Commissions, which is com-21

posed of— 22

(aa) the Atlantic States Ma-23

rine Fisheries Commission; 24


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(bb) the Gulf States Marine 1

Fisheries Commission; and 2

(cc) the Pacific States Ma-3

rine Fisheries Commission; 4

(ix) 1 shall be a representative of the 5

Sportfishing and Boating Partnership 6

Council; 7

(x) 7 shall be representatives selected 8

from each of— 9

(I) the recreational sportfishing 10

industry; 11

(II) the commercial fishing indus-12

try; 13

(III) marine recreational anglers; 14

(IV) freshwater recreational an-15

glers; 16

(V) habitat conservation organiza-17

tions; and 18

(VI) science-based fishery organi-19

zations; 20

(xi) 1 shall be a representative of a na-21

tional private landowner organization; 22

(xii) 1 shall be a representative of an 23

agricultural production organization; 24


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(xiii) 1 shall be a representative of 1

local government interests involved in fish 2

habitat restoration; 3

(xiv) 2 shall be representatives from 4

different sectors of corporate industries, 5

which may include— 6

(I) natural resource commodity 7

interests, such as petroleum or mineral 8

extraction; 9

(II) natural resource user indus-10

tries; and 11

(III) industries with an interest 12

in fish and fish habitat conservation; 13

and 14

(xv) 1 shall be a leadership private sec-15

tor or landowner representative of an active 16

partnership. 17

(C) COMPENSATION.—A member of the 18

Board shall serve without compensation. 19

(D) TRAVEL EXPENSES.—A member of the 20

Board may be allowed travel expenses, including 21

per diem in lieu of subsistence, at rates author-22

ized for an employee of an agency under sub-23

chapter I of chapter 57 of title 5, United States 24

Code, while away from the home or regular place 25


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of business of the member in the performance of 1

the duties of the Board. 2

(2) APPOINTMENT AND TERMS.— 3

(A) IN GENERAL.—Except as otherwise pro-4

vided in this subsection, a member of the Board 5

described in any of clauses (vi) through (xiv) of 6

paragraph (1)(B) shall serve for a term of 3 7

years. 8

(B) INITIAL BOARD MEMBERSHIP.— 9

(i) IN GENERAL.—The initial Board 10

will consist of representatives as described 11

in clauses (i) through (vi) of paragraph 12

(1)(B). 13

(ii) REMAINING MEMBERS.—Not later 14

than 60 days after the date of enactment of 15

this Act, the representatives of the initial 16

Board pursuant to clause (i) shall appoint 17

the remaining members of the Board de-18

scribed in clauses (viii) through (xiv) of 19

paragraph (1)(B). 20

(iii) TRIBAL REPRESENTATIVES.—Not 21

later than 60 days after the enactment of 22

this Act, the Secretary shall provide to the 23

Board a recommendation of not fewer than 24

3 tribal representatives, from which the 25


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Board shall appoint 1 representative pursu-1

ant to clause (vii) of paragraph (1)(B). 2

(C) TRANSITIONAL TERMS.—Of the members 3

described in paragraph (1)(B)(x) initially ap-4

pointed to the Board— 5

(i) 2 shall be appointed for a term of 6

1 year; 7

(ii) 2 shall be appointed for a term of 8

2 years; and 9

(iii) 3 shall be appointed for a term of 10

3 years. 11

(D) VACANCIES.— 12

(i) IN GENERAL.—A vacancy of a 13

member of the Board described in any of 14

clauses (viii) through (xiv) of paragraph 15

(1)(B) shall be filled by an appointment 16

made by the remaining members of the 17

Board. 18

(ii) TRIBAL REPRESENTATIVES.—Fol-19

lowing a vacancy of a member of the Board 20

described in clause (vii) of paragraph 21

(1)(B), the Secretary shall recommend to 22

the Board a list of not fewer than 3 tribal 23

representatives, from which the remaining 24


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members of the Board shall appoint a rep-1

resentative to fill the vacancy. 2

(E) CONTINUATION OF SERVICE.—An indi-3

vidual whose term of service as a member of the 4

Board expires may continue to serve on the 5

Board until a successor is appointed. 6

(F) REMOVAL.—If a member of the Board 7

described in any of clauses (viii) through (xiv) of 8

paragraph (1)(B) misses 3 consecutive regularly 9

scheduled Board meetings, the members of the 10

Board may— 11

(i) vote to remove that member; and 12

(ii) appoint another individual in ac-13

cordance with subparagraph (D). 14

(3) CHAIRPERSON.— 15

(A) IN GENERAL.—The representative of the 16

Association of Fish and Wildlife Agencies ap-17

pointed pursuant to paragraph (1)(B)(v) shall 18

serve as Chairperson of the Board. 19

(B) TERM.—The Chairperson of the Board 20

shall serve for a term of 3 years. 21

(4) MEETINGS.— 22

(A) IN GENERAL.—The Board shall meet— 23

(i) at the call of the Chairperson; but 24


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(ii) not less frequently than twice each 1

calendar year. 2

(B) PUBLIC ACCESS.—All meetings of the 3

Board shall be open to the public. 4

(5) PROCEDURES.— 5

(A) IN GENERAL.—The Board shall estab-6

lish procedures to carry out the business of the 7

Board, including— 8

(i) a requirement that a quorum of the 9

members of the Board be present to transact 10

business; 11

(ii) a requirement that no rec-12

ommendations may be adopted by the 13

Board, except by the vote of 2⁄3 of all mem-14

bers; 15

(iii) procedures for establishing na-16

tional goals and priorities for fish habitat 17

conservation for the purposes of this section; 18

(iv) procedures for designating Part-19

nerships under subsection (e); and 20

(v) procedures for reviewing, evalu-21

ating, and making recommendations re-22

garding fish habitat conservation projects. 23

(B) QUORUM.—A majority of the members 24

of the Board shall constitute a quorum. 25


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(e) FISH HABITAT PARTNERSHIPS.— 1

(1) AUTHORITY TO APPROVE.—The Board may 2

approve and designate Fish Habitat Partnerships in 3

accordance with this subsection. 4

(2) PURPOSES.—The purposes of a Partnership 5

shall be— 6

(A) to work with other regional habitat con-7

servation programs to promote cooperation and 8

coordination to enhance fish and fish habitats; 9

(B) to engage local and regional commu-10

nities to build support for fish habitat conserva-11

tion; 12

(C) to involve diverse groups of public and 13

private partners; 14

(D) to develop collaboratively a strategic vi-15

sion and achievable implementation plan that is 16

scientifically sound; 17

(E) to leverage funding from sources that 18

support local and regional partnerships; 19

(F) to use adaptive management principles, 20

including evaluation of project success and 21

functionality; 22

(G) to develop appropriate local or regional 23

habitat evaluation and assessment measures and 24


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criteria that are compatible with national habi-1

tat condition measures; and 2

(H) to implement local and regional pri-3

ority projects that improve conditions for fish 4

and fish habitat. 5

(3) CRITERIA FOR APPROVAL.—An entity seeking 6

to be designated as a Partnership shall— 7

(A) submit to the Board an application at 8

such time, in such manner, and containing such 9

information as the Board may reasonably re-10

quire; and 11

(B) demonstrate to the Board that the enti-12

ty has— 13

(i) a focus on promoting the health of 14

important fish and fish habitats; 15

(ii) an ability to coordinate the imple-16

mentation of priority projects that support 17

the goals and national priorities set by the 18

Board that are within the Partnership 19

boundary; 20

(iii) a self-governance structure that 21

supports the implementation of strategic 22

priorities for fish habitat; 23

(iv) the ability to develop local and re-24

gional relationships with a broad range of 25


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entities to further strategic priorities for 1

fish and fish habitat; 2

(v) a strategic plan that details re-3

quired investments for fish habitat conserva-4

tion that addresses the strategic fish habitat 5

priorities of the Partnership and supports 6

and meets the strategic priorities of the 7

Board; 8

(vi) the ability to develop and imple-9

ment fish habitat conservation projects that 10

address strategic priorities of the Partner-11

ship and the Board; and 12

(vii) the ability to develop fish habitat 13

conservation priorities based on sound 14

science and data, the ability to measure the 15

effectiveness of fish habitat projects of the 16

Partnership, and a clear plan as to how 17

Partnership science and data components 18

will be integrated with the overall Board 19

science and data effort. 20

(4) APPROVAL.—The Board may approve an ap-21

plication for a Partnership submitted under para-22

graph (3) if the Board determines that the appli-23

cant— 24


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(A) identifies representatives to provide 1

support and technical assistance to the Partner-2

ship from a diverse group of public and private 3

partners, which may include State or local gov-4

ernments, nonprofit entities, Indian tribes, and 5

private individuals, that are focused on con-6

servation of fish habitats to achieve results across 7

jurisdictional boundaries on public and private 8

land; 9

(B) is organized to promote the health of 10

important fish species and important fish habi-11

tats, including reservoirs, natural lakes, coastal 12

and marine environments, and estuaries; 13

(C) identifies strategic fish and fish habitat 14

priorities for the Partnership area in the form of 15

geographical focus areas or key stressors or im-16

pairments to facilitate strategic planning and 17

decisionmaking; 18

(D) is able to address issues and priorities 19

on a nationally significant scale; 20

(E) includes a governance structure that— 21

(i) reflects the range of all partners; 22

and 23

(ii) promotes joint strategic planning 24

and decisionmaking by the applicant; 25


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(F) demonstrates completion of, or signifi-1

cant progress toward the development of, a stra-2

tegic plan to address the decline in fish popu-3

lations, rather than simply treating symptoms, 4

in accordance with the goals and national prior-5

ities established by the Board; and 6

(G) promotes collaboration in developing a 7

strategic vision and implementation program 8

that is scientifically sound and achievable. 9

(f) FISH HABITAT CONSERVATION PROJECTS.— 10

(1) SUBMISSION TO BOARD.—Not later than 11

March 31 of each calendar year, each Partnership 12

shall submit to the Board a list of priority fish habi-13

tat conservation projects recommended by the Part-14

nership for annual funding under this section. 15

(2) RECOMMENDATIONS BY BOARD.—Not later 16

than July 1 of each calendar year, the Board shall 17

submit to the Secretary a priority list of fish habitat 18

conservation projects that includes the description, in-19

cluding estimated costs, of each project that the Board 20

recommends that the Secretary approve and fund 21

under this section for the following fiscal year. 22

(3) CRITERIA FOR PROJECT SELECTION.—The 23

Board shall select each fish habitat conservation 24

project to be recommended to the Secretary under 25


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paragraph (2) after taking into consideration, at a 1

minimum, the following information: 2

(A) A recommendation of the Partnership 3

that is, or will be, participating actively in im-4

plementing the fish habitat conservation project. 5

(B) The capabilities and experience of 6

project proponents to implement successfully the 7

proposed project. 8

(C) The extent to which the fish habitat con-9

servation project — 10

(i) fulfills a local or regional priority 11

that is directly linked to the strategic plan 12

of the Partnership and is consistent with 13

the purpose of this section; 14

(ii) addresses the national priorities 15

established by the Board; 16

(iii) is supported by the findings of the 17

Habitat Assessment of the Partnership or 18

the Board, and aligns or is compatible with 19

other conservation plans; 20

(iv) identifies appropriate monitoring 21

and evaluation measures and criteria that 22

are compatible with national measures; 23

(v) provides a well-defined budget 24

linked to deliverables and outcomes; 25


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(vi) leverages other funds to implement 1

the project; 2

(vii) addresses the causes and processes 3

behind the decline of fish or fish habitats; 4

and 5

(viii) includes an outreach or edu-6

cation component that includes the local or 7

regional community. 8

(D) The availability of sufficient non-Fed-9

eral funds to match Federal contributions for the 10

fish habitat conservation project, as required by 11

paragraph (5); 12

(E) The extent to which the local or re-13

gional fish habitat conservation project— 14

(i) will increase fish populations in a 15

manner that leads to recreational fishing 16

opportunities for the public; 17

(ii) will be carried out through a coop-18

erative agreement among Federal, State, 19

and local governments, Indian tribes, and 20

private entities; 21

(iii) increases public access to land or 22

water for fish and wildlife-dependent rec-23

reational opportunities; 24


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(iv) advances the conservation of fish 1

and wildlife species that have been identi-2

fied by the States as species of greatest con-3

servation need; 4

(v) where appropriate, advances the 5

conservation of fish and fish habitats under 6

the Magnuson-Stevens Fishery Conservation 7

and Management Act (16 U.S.C. 1801 et 8

seq.) and other relevant Federal law and 9

State wildlife action plans; and 10

(vi) promotes strong and healthy fish 11

habitats so that desired biological commu-12

nities are able to persist and adapt. 13

(F) The substantiality of the character and 14

design of the fish habitat conservation project. 15

(4) LIMITATIONS.— 16

(A) REQUIREMENTS FOR EVALUATION.—No 17

fish habitat conservation project may be rec-18

ommended by the Board under paragraph (2) or 19

provided financial assistance under this section 20

unless the fish habitat conservation project in-21

cludes an evaluation plan designed using appli-22

cable Board guidance— 23

(i) to appropriately assess the biologi-24

cal, ecological, or other results of the habitat 25


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protection, restoration, or enhancement ac-1

tivities carried out using the assistance; 2

(ii) to reflect appropriate changes to 3

the fish habitat conservation project if the 4

assessment substantiates that the fish habi-5

tat conservation project objectives are not 6

being met; 7

(iii) to identify improvements to exist-8

ing fish populations, recreational fishing 9

opportunities and the overall economic ben-10

efits for the local community of the fish 11

habitat conservation project; and 12

(iv) to require the submission to the 13

Board of a report describing the findings of 14

the assessment. 15

(B) ACQUISITION AUTHORITIES.— 16

(i) IN GENERAL.—A State, local gov-17

ernment, or other non-Federal entity is eli-18

gible to receive funds for the acquisition of 19

real property from willing sellers under this 20

section if the acquisition ensures 1 of— 21

(I) public access for compatible 22

fish and wildlife-dependent recreation; 23

or 24


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(II) a scientifically based, direct 1

enhancement to the health of fish and 2

fish populations, as determined by the 3

Board. 4

(ii) STATE AGENCY APPROVAL.— 5

(I) IN GENERAL.—All real prop-6

erty interest acquisition projects fund-7

ed under this section are required to be 8

approved by the State agency in the 9

State in which the project is occurring. 10

(II) PROHIBITION.—The Board 11

may not recommend, and the Secretary 12

may not provide any funding for, any 13

real property interest acquisition that 14

has not been approved by the State 15

agency. 16

(iii) ASSESSMENT OF OTHER AUTHORI-17

TIES.—The Fish Habitat Partnership shall 18

conduct a project assessment, submitted 19

with the funding request and approved by 20

the Board, to demonstrate all other Federal, 21

State, and local authorities for the acquisi-22

tion of real property have been exhausted. 23

(iv) RESTRICTIONS.—A real property 24

interest may not be acquired pursuant to a 25


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fish habitat conservation project by a State, 1

local government, or other non-Federal enti-2

ty, unless— 3

(I) the owner of the real property 4

authorizes the State, local government, 5

or other non-Federal entity to acquire 6

the real property; and 7

(II) the Secretary and the Board 8

determine that the State, local govern-9

ment, or other non-Federal entity 10

would benefit from undertaking the 11

management of the real property being 12

acquired because that is in accordance 13

with the goals of a partnership. 14

(5) NON-FEDERAL CONTRIBUTIONS.— 15

(A) IN GENERAL.—Except as provided in 16

subparagraph (B), no fish habitat conservation 17

project may be recommended by the Board under 18

paragraph (2) or provided financial assistance 19

under this section unless at least 50 percent of 20

the cost of the fish habitat conservation project 21

will be funded with non-Federal funds. 22

(B) NON-FEDERAL SHARE.—The non-Fed-23

eral share of the cost of a fish habitat conserva-24

tion project— 25


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(i) may not be derived from another 1

Federal grant program; but 2

(ii) may include in-kind contributions 3

and cash. 4

(C) SPECIAL RULE FOR INDIAN TRIBES.— 5

Notwithstanding subparagraph (A) or any other 6

provision of law, any funds made available to an 7

Indian tribe pursuant to this section may be 8

considered to be non-Federal funds for the pur-9

pose of subparagraph (A). 10

(6) APPROVAL.— 11

(A) IN GENERAL.—Not later than 90 days 12

after the date of receipt of the recommended pri-13

ority list of fish habitat conservation projects 14

under paragraph (2), subject to the limitations 15

of paragraph (4), and based, to the maximum 16

extent practicable, on the criteria described in 17

paragraph (3), the Secretary, after consulting 18

with the Secretary of Commerce on marine or es-19

tuarine projects, shall approve or reject any fish 20

habitat conservation project recommended by the 21

Board. 22

(B) FUNDING.—If the Secretary approves a 23

fish habitat conservation project under subpara-24

graph (A), the Secretary shall use amounts made 25


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available to carry out this section to provide 1

funds to carry out the fish habitat conservation 2

project. 3

(C) NOTIFICATION.—If the Secretary rejects 4

any fish habitat conservation project rec-5

ommended by the Board under paragraph (2), 6

not later than 180 days after the date of receipt 7

of the recommendation, the Secretary shall pro-8

vide to the Board, the appropriate Partnership, 9

and the appropriate congressional committees a 10

written statement of the reasons that the Sec-11

retary rejected the fish habitat conservation 12

project. 13

(g) TECHNICAL AND SCIENTIFIC ASSISTANCE.— 14

(1) IN GENERAL.—The Director, the NOAA As-15

sistant Administrator, the EPA Assistant Adminis-16

trator, and the Director of the United States Geologi-17

cal Survey, in coordination with the Forest Service 18

and other appropriate Federal departments and agen-19

cies, may provide scientific and technical assistance 20

to the Partnerships, participants in fish habitat con-21

servation projects, and the Board. 22

(2) INCLUSIONS.—Scientific and technical assist-23

ance provided pursuant to paragraph (1) may in-24

clude— 25


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(A) providing technical and scientific as-1

sistance to States, Indian tribes, regions, local 2

communities, and nongovernmental organiza-3

tions in the development and implementation of 4

Partnerships; 5

(B) providing technical and scientific as-6

sistance to Partnerships for habitat assessment, 7

strategic planning, and prioritization; 8

(C) supporting the development and imple-9

mentation of fish habitat conservation projects 10

that are identified as high priorities by Partner-11

ships and the Board; 12

(D) supporting and providing recommenda-13

tions regarding the development of science-based 14

monitoring and assessment approaches for im-15

plementation through Partnerships; 16

(E) supporting and providing recommenda-17

tions for a national fish habitat assessment; 18

(F) ensuring the availability of experts to 19

assist in conducting scientifically based evalua-20

tion and reporting of the results of fish habitat 21

conservation projects; and 22

(G) providing resources to secure state agen-23

cy scientific and technical assistance to support 24


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Partnerships, participants in fish habitat con-1

servation projects, and the Board. 2

(h) COORDINATION WITH STATES AND INDIAN 3

TRIBES.—The Secretary shall provide a notice to, and co-4

operate with, the appropriate State agency or tribal agency, 5

as applicable, of each State and Indian tribe within the 6

boundaries of which an activity is planned to be carried 7

out pursuant to this section, including notification, by not 8

later than 30 days before the date on which the activity 9

is implemented. 10

(i) INTERAGENCY OPERATIONAL PLAN.—Not later 11

than 1 year after the date of enactment of this Act, and 12

every 5 years thereafter, the Director, in cooperation with 13

the NOAA Assistant Administrator, the EPA Assistant Ad-14

ministrator, the Director of the United States Geological 15

Survey, and the heads of other appropriate Federal depart-16

ments and agencies (including at a minimum, those agen-17

cies represented on the Board) shall develop an interagency 18

operational plan that describes— 19

(1) the functional, operational, technical, sci-20

entific, and general staff, administrative, and mate-21

rial needs for the implementation of this section; and 22

(2) any interagency agreements between or 23

among Federal departments and agencies to address 24

those needs. 25


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(j) ACCOUNTABILITY AND REPORTING.— 1

(1) REPORTING.— 2

(A) IN GENERAL.—Not later than 5 years 3

after the date of enactment of this Act, and every 4

5 years thereafter, the Board shall submit to the 5

appropriate congressional committees a report 6

describing the progress of this section. 7

(B) CONTENTS.—Each report submitted 8

under subparagraph (A) shall include— 9

(i) an estimate of the number of acres, 10

stream miles, or acre-feet, or other suitable 11

measures of fish habitat, that was main-12

tained or improved by partnerships of Fed-13

eral, State, or local governments, Indian 14

tribes, or other entities in the United States 15

during the 5-year period ending on the date 16

of submission of the report; 17

(ii) a description of the public access to 18

fish habitats established or improved during 19

that 5-year period; 20

(iii) a description of the improved op-21

portunities for public recreational fishing; 22

and 23

(iv) an assessment of the status of fish 24

habitat conservation projects carried out 25


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with funds provided under this section dur-1

ing that period, disaggregated by year, in-2

cluding— 3

(I) a description of the fish habi-4

tat conservation projects recommended 5

by the Board under subsection (f)(2); 6

(II) a description of each fish 7

habitat conservation project approved 8

by the Secretary under subsection 9

(f)(6), in order of priority for funding; 10

(III) a justification for— 11

(aa) the approval of each fish 12

habitat conservation project; and 13

(bb) the order of priority for 14

funding of each fish habitat con-15

servation project; 16

(IV) a justification for any rejec-17

tion of a fish habitat conservation 18

project recommended by the Board 19

under subsection (f)(2) that was based 20

on a factor other than the criteria de-21

scribed in subsection (f)(3); and 22

(V) an accounting of expenditures 23

by Federal, State, or local govern-24

ments, Indian tribes, or other entities 25


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to carry out fish habitat conservation 1

projects. 2

(2) STATUS AND TRENDS REPORT.—Not later 3

than December 31, 2016, and every 5 years thereafter, 4

the Board shall submit to the appropriate congres-5

sional committees a report that includes— 6

(A) a status of all Partnerships approved 7

under this section; 8

(B) a description of the status of fish habi-9

tats in the United States as identified by estab-10

lished Partnerships; and 11

(C) enhancements or reductions in public 12

access as a result of— 13

(i) the activities of the Partnerships; or 14

(ii) any other activities carried out 15

pursuant to this section. 16

(3) REVISIONS.—Not later than December 31, 17

2016, and every 5 years thereafter, the Board shall 18

consider revising the goals of the Board, after consid-19

eration of each report required by paragraph (2). 20

(k) EFFECT OF SECTION.— 21

(1) WATER RIGHTS.—Nothing in this section— 22

(A) establishes any express or implied re-23

served water right in the United States for any 24

purpose; 25


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(B) affects any water right in existence on 1

the date of enactment of this Act; 2

(C) preempts or affects any State water law 3

or interstate compact governing water; or 4

(D) affects any Federal or State law in ex-5

istence on the date of enactment of the Act re-6

garding water quality or water quantity. 7

(2) AUTHORITY TO ACQUIRE WATER RIGHTS OR 8

RIGHTS TO PROPERTY.—Under this section, only a 9

State, local government, or other non-Federal entity 10

may acquire, under State law, water rights or rights 11

to property. 12

(3) STATE AUTHORITY.—Nothing in this sec-13

tion— 14

(A) affects the authority, jurisdiction, or re-15

sponsibility of a State to manage, control, or 16

regulate fish and wildlife under the laws and 17

regulations of the State; or 18

(B) authorizes the Secretary to control or 19

regulate within a State the fishing or hunting of 20

fish and wildlife. 21

(4) EFFECT ON INDIAN TRIBES.—Nothing in this 22

section abrogates, abridges, affects, modifies, super-23

sedes, or alters any right of an Indian tribe recog-24

nized by treaty or any other means, including— 25


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(A) an agreement between the Indian tribe 1

and the United States; 2

(B) Federal law (including regulations); 3

(C) an Executive order; or 4

(D) a judicial decree. 5

(5) ADJUDICATION OF WATER RIGHTS.—Nothing 6

in this section diminishes or affects the ability of the 7

Secretary to join an adjudication of rights to the use 8

of water pursuant to subsection (a), (b), or (c) of sec-9

tion 208 of the Department of Justice Appropriation 10

Act, 1953 (43 U.S.C. 666). 11

(6) DEPARTMENT OF COMMERCE AUTHORITY.— 12

Nothing in this section affects the authority, jurisdic-13

tion, or responsibility of the Department of Commerce 14

to manage, control, or regulate fish or fish habitats 15

under the Magnuson-Stevens Fishery Conservation 16

and Management Act (16 U.S.C. 1801 et seq.). 17

(7) EFFECT ON OTHER AUTHORITIES.— 18

(A) PRIVATE PROPERTY PROTECTION.— 19

Nothing in this section permits the use of funds 20

made available to carry out this section to ac-21

quire real property or a real property interest 22

without the written consent of each owner of the 23

real property or real property interest. 24


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(B) MITIGATION.—Nothing in this section 1

permits the use of funds made available to carry 2

out this section for fish and wildlife mitigation 3

purposes under— 4

(i) the Federal Water Pollution Control 5

Act (33 U.S.C. 1251 et seq.); 6

(ii) the Fish and Wildlife Coordination 7

Act (16 U.S.C. 661 et seq.); 8

(iii) the Water Resources Development 9

Act of 1986 (Public Law 99–662; 100 Stat. 10

4082); or 11

(iv) any other Federal law or court set-12

tlement. 13

(C) CLEAN WATER ACT.—Nothing in this 14

section affects any provision of the Federal 15

Water Pollution Control Act (33 U.S.C. 1251 et 16

seq.), including any definition in that Act. 17

(l) NONAPPLICABILITY OF FEDERAL ADVISORY COM-18

MITTEE ACT.—The Federal Advisory Committee Act (5 19

U.S.C. App.) shall not apply to— 20

(1) the Board; or 21

(2) any Partnership. 22

(m) FUNDING.— 23

(1) AUTHORIZATION OF APPROPRIATIONS.— 24


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(A) FISH HABITAT CONSERVATION 1

PROJECTS.—There is authorized to be appro-2

priated to the Secretary $7,200,000 for each of 3

fiscal years 2016 through 2021 to provide funds 4

for fish habitat conservation projects approved 5

under subsection (f)(6), of which 5 percent shall 6

be made available for each fiscal year for projects 7

carried out by Indian tribes. 8

(B) ADMINISTRATIVE AND PLANNING EX-9

PENSES.—There is authorized to be appropriated 10

to the Secretary for each of fiscal years 2016 11

through 2021 an amount equal to 5 percent of 12

the amount appropriated for the applicable fiscal 13

year pursuant to subparagraph (A)— 14

(i) for administrative and planning 15

expenses; and 16

(ii) to carry out subsection (j). 17

(C) TECHNICAL AND SCIENTIFIC ASSIST-18

ANCE.—There is authorized to be appropriated 19

for each of fiscal years 2016 through 2021 to 20

carry out, and provide technical and scientific 21

assistance under, subsection (g)— 22

(i) $500,000 to the Secretary for use by 23

the United States Fish and Wildlife Service; 24


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(ii) $500,000 to the NOAA Assistant 1

Administrator for use by the National Oce-2

anic and Atmospheric Administration; 3

(iii) $500,000 to the EPA Assistant 4

Administrator for use by the Environmental 5

Protection Agency; and 6

(iv) $500,000 to the Secretary for use 7

by the United States Geological Survey. 8

(2) AGREEMENTS AND GRANTS.—The Secretary 9

may— 10

(A) on the recommendation of the Board, 11

and notwithstanding sections 6304 and 6305 of 12

title 31, United States Code, and the Federal Fi-13

nancial Assistance Management Improvement 14

Act of 1999 (31 U.S.C. 6101 note; Public Law 15

106–107), enter into a grant agreement, coopera-16

tive agreement, or contract with a Partnership 17

or other entity for a fish habitat conservation 18

project or restoration or enhancement project; 19

(B) apply for, accept, and use a grant from 20

any individual or entity to carry out the pur-21

poses of this section; and 22

(C) make funds available to any Federal de-23

partment or agency for use by that department 24

or agency to provide grants for any fish habitat 25


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protection project, restoration project, or en-1

hancement project that the Secretary determines 2

to be consistent with this section. 3

(3) DONATIONS.— 4

(A) IN GENERAL.—The Secretary may— 5

(i) enter into an agreement with any 6

organization described in section 501(c)(3) 7

of the Internal Revenue Code of 1986 that 8

is exempt from taxation under section 9

501(a) of that Code to solicit private dona-10

tions to carry out the purposes of this sec-11

tion; and 12

(ii) accept donations of funds, prop-13

erty, and services to carry out the purposes 14

of this section. 15

(B) TREATMENT.—A donation accepted 16

under this section— 17

(i) shall be considered to be a gift or 18

bequest to, or otherwise for the use of, the 19

United States; and 20

(ii) may be— 21

(I) used directly by the Secretary; 22

or 23


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(II) provided to another Federal 1

department or agency through an 2

interagency agreement. 3


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Calendar N

o. 371

11

4T

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ON

GR

ES

S

2D

SE

SS

ION

S. 659

[Rep

ort No. 114–210]

A B

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Calendar No. 371 TH D CONGRESS SESSION S. 659 · Calendar No. 371 114TH CONGRESS ... 2016 Jkt...

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Transcript of Calendar No. 371 TH D CONGRESS SESSION S. 659 · Calendar No. 371 114TH CONGRESS ... 2016 Jkt...