U.S. Congress - Text of S.3525 as Placed on Calendar Senate Target Practice and Marksmanship Training Support Act
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Donate NowS.3525 - Target Practice and Marksmanship Training Support Act
A bill to protect and enhance opportunities for recreational hunting, fishing, and shooting, and for other purposes.
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S 3525 PCSCommentsClose CommentsPermalink
Calendar No. 504CommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 3525CommentsClose CommentsPermalink
To protect and enhance opportunities for recreational hunting, fishing, and shooting, and for other purposes.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
September 10, 2012CommentsClose CommentsPermalink
September 10, 2012CommentsClose CommentsPermalink
Mr. TESTER introduced the following bill; which was read the first timeCommentsClose CommentsPermalink
September 11, 2012CommentsClose CommentsPermalink
September 11, 2012CommentsClose CommentsPermalink
Read the second time and placed on the calendarCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To protect and enhance opportunities for recreational hunting, fishing, and shooting, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the ‘Sportsmen’s Act of 2012’.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
TITLE I--HUNTING, FISHING, AND RECREATIONAL SHOOTING
Subtitle A--Hunting and Recreational Shooting
Sec. 101. Making public land public.CommentsClose CommentsPermalink
Sec. 102. Permits for importation of polar bear trophies taken in sport hunts in Canada.CommentsClose CommentsPermalink
Sec. 103. Transporting bows through National Parks.CommentsClose CommentsPermalink
Subtitle B--Target Practice and Marksmanship Training Support
Sec. 111. Target practice and marksmanship training.CommentsClose CommentsPermalink
Sec. 112. Findings; purpose.CommentsClose CommentsPermalink
Sec. 113. Definition of public target range.CommentsClose CommentsPermalink
Sec. 114. Amendments to Pittman-Robertson Wildlife Restoration Act.CommentsClose CommentsPermalink
Sec. 115. Sense of Congress regarding cooperation.CommentsClose CommentsPermalink
Subtitle C--Fishing
Sec. 121. Modification of definition of toxic substance to exclude sport fishing equipment.CommentsClose CommentsPermalink
Sec. 122. Prohibition on sale of billfish.CommentsClose CommentsPermalink
Sec. 123. Report on artificial reefs in the Gulf of Mexico.CommentsClose CommentsPermalink
TITLE II--NATIONAL FISH HABITAT
Subtitle A--National Fish Habitat
Sec. 201. Definitions.CommentsClose CommentsPermalink
Sec. 202. National Fish Habitat Board.CommentsClose CommentsPermalink
Sec. 203. Fish habitat partnerships.CommentsClose CommentsPermalink
Sec. 204. Fish habitat conservation projects.CommentsClose CommentsPermalink
Sec. 205. National Fish Habitat Conservation Partnership Office.CommentsClose CommentsPermalink
Sec. 206. Technical and scientific assistance.CommentsClose CommentsPermalink
Sec. 207. Conservation of aquatic habitat for fish and other aquatic organisms on Federal land.CommentsClose CommentsPermalink
Sec. 208. Coordination with States and Indian tribes.CommentsClose CommentsPermalink
Sec. 209. Accountability and reporting.CommentsClose CommentsPermalink
Sec. 210. Regulations.CommentsClose CommentsPermalink
Sec. 211. Effect of subtitle.CommentsClose CommentsPermalink
Sec. 212. Nonapplicability of Federal Advisory Committee Act.CommentsClose CommentsPermalink
Sec. 213. Funding.CommentsClose CommentsPermalink
Subtitle B--Duck Stamps
Sec. 221. Findings.CommentsClose CommentsPermalink
Sec. 222. Cost of stamps.CommentsClose CommentsPermalink
Sec. 223. Waivers.CommentsClose CommentsPermalink
Sec. 224. Permanent electronic duck stamps.CommentsClose CommentsPermalink
Subtitle C--Joint Ventures to Protect Migratory Bird Populations
Sec. 231. Purposes.CommentsClose CommentsPermalink
Sec. 232. Definitions.CommentsClose CommentsPermalink
Sec. 233. Joint Ventures Program.CommentsClose CommentsPermalink
Sec. 234. Administration.CommentsClose CommentsPermalink
Sec. 235. Grants and other assistance.CommentsClose CommentsPermalink
Sec. 236. Reporting.CommentsClose CommentsPermalink
Sec. 237. Relationship to other authorities.CommentsClose CommentsPermalink
Sec. 238. Federal Advisory Committee Act.CommentsClose CommentsPermalink
Subtitle D--Reauthorizations
Sec. 241. North American Wetlands Conservation Act.CommentsClose CommentsPermalink
Sec. 242. Partners for Fish and Wildlife Act.CommentsClose CommentsPermalink
Sec. 243. National Fish and Wildlife Foundation reauthorization.CommentsClose CommentsPermalink
Sec. 244. Multinational Species Conservation Funds Semipostal Stamp.CommentsClose CommentsPermalink
Sec. 245. Multinational species conservation funds reauthorizations.CommentsClose CommentsPermalink
Sec. 246. Neotropical Migratory Bird Conservation Act.CommentsClose CommentsPermalink
Sec. 247. Federal Land Transaction Facilitation Act.CommentsClose CommentsPermalink
Sec. 248. Nutria eradication and control.CommentsClose CommentsPermalink
TITLE I--HUNTING, FISHING, AND RECREATIONAL SHOOTINGCommentsClose CommentsPermalink
TITLE I--HUNTING, FISHING, AND RECREATIONAL SHOOTINGCommentsClose CommentsPermalink
Subtitle A--Hunting and Recreational ShootingCommentsClose CommentsPermalink
Subtitle A--Hunting and Recreational ShootingCommentsClose CommentsPermalink
SEC. 101. MAKING PUBLIC LAND PUBLIC.
(a) In General- Section 3 of the Land and Water Conservation Fund Act of 1965 (
(1) by striking ‘Sec. 3. Appropriations- Moneys’ and inserting the following:CommentsClose CommentsPermalink
‘SEC. 3. FUNDING.
‘(a) In General- Amounts’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(b) Priority List-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Subject to the availability of appropriations and notwithstanding any other provision of this Act, the Secretary of the Interior and the Secretary of Agriculture shall ensure that, of the amounts made available for the fund for each fiscal year, not less than 1.5 percent of the amounts shall be made available for projects identified on the priority list developed under paragraph (2).CommentsClose CommentsPermalink
‘(2) PRIORITY LIST- The Secretary of the Interior and the Secretary of Agriculture, in consultation with the head of each affected Federal agency, shall annually develop a priority list for the sites under the jurisdiction of the applicable Secretary.CommentsClose CommentsPermalink
‘(3) CRITERIA- Projects identified on the priority list developed under paragraph (2) shall secure recreational public access to Federal public land in existence as of the date of enactment of this subsection that has significantly restricted access for hunting, fishing, and other recreational purposes through rights-of-way or acquisition of land (or any interest in land) from willing sellers.’.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1) LAND AND WATER CONSERVATION FUND ACT- The Land and Water Conservation Fund Act of 1965 (
16 U.S.C. 460 l-4 et seq.) is amended--CommentsClose CommentsPermalink
(A) in the proviso at the end of section 2(c)(2) (
16 U.S.C. 460 l-5(c)(2)), by striking ‘notwithstanding the provisions of section 3 of this Act’;CommentsClose CommentsPermalink(B) in the first sentence of section 9 (
16 U.S.C. 460 l-10a), by striking ‘by section 3 of this Act’; andCommentsClose CommentsPermalink(C) in the third sentence of section 10 (
16 U.S.C. 460 l-10b), by striking ‘by section 3 of this Act’.CommentsClose CommentsPermalink(2) FEDERAL LAND TRANSACTION FACILITATION ACT- Section 206(f)(2) of the Federal Land Transaction Facilitation Act (
43 U.S.C. 2305(f)(2) ) is amended by striking ‘section 3 of the Land and Water Conservation Fund Act (16 U.S.C. 460 l-6)’ and inserting ‘the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460 l-4 et seq.)’.CommentsClose CommentsPermalink
SEC. 102. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES TAKEN IN SPORT HUNTS IN CANADA.
Section 104(c)(5) of the Marine Mammal Protection Act of 1972 (
‘(D)(i) The Secretary of the Interior shall, expeditiously after the expiration of the applicable 30-day period under subsection (d)(2), issue a permit for the importation of any polar bear part (other than an internal organ) from a polar bear taken in a sport hunt in Canada to any person who submits, with the permit application, proof that the polar bear--CommentsClose CommentsPermalink
‘(I) was legally harvested by the person before February 18, 1997; orCommentsClose CommentsPermalink
‘(II) was legally harvested by the person before May 15, 2008, from a polar bear population from which a sport-hunted trophy could be imported before that date in accordance with section 18.30(i) of title 50, Code of Federal Regulations (or a successor regulation).CommentsClose CommentsPermalink
‘(ii) The Secretary shall issue permits under clause (i)(I) without regard to subparagraphs (A) and (C)(ii) of this paragraph, subsection (d)(3), and sections 101 and 102.CommentsClose CommentsPermalink
‘(iii) The Secretary shall issue permits under clause (i)(II) without regard to subparagraph (C)(ii) of this paragraph, subsection (d)(3), and sections 101 and 102.’.CommentsClose CommentsPermalink
SEC. 103. TRANSPORTING BOWS THROUGH NATIONAL PARKS.
(a) Findings- Congress finds that--CommentsClose CommentsPermalink
(1) bowhunters are known worldwide as among the most skilled, ethical, and conservation-minded of all hunters;CommentsClose CommentsPermalink
(2) bowhunting organizations at the Federal, State, and local level contribute significant financial and human resources to wildlife conservation and youth education programs throughout the United States; andCommentsClose CommentsPermalink
(3) bowhunting contributes $38,000,000,000 each year to the economy of the United States.CommentsClose CommentsPermalink
(b) Possession of Bows in Units of National Park System or National Wildlife Refuge System-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to paragraph (2), the Secretary of the Interior shall permit individuals carrying bows and crossbows to traverse national park land if the traverse is--CommentsClose CommentsPermalink
(A) for the sole purpose of hunting on adjacent public or private land; andCommentsClose CommentsPermalink
(B) the most direct means of access to the adjacent land.CommentsClose CommentsPermalink
(2) USE- Nothing in this section authorizes the use of the bows or crossbows that are being carried while on national park land.CommentsClose CommentsPermalink
Subtitle B--Target Practice and Marksmanship Training SupportCommentsClose CommentsPermalink
Subtitle B--Target Practice and Marksmanship Training SupportCommentsClose CommentsPermalink
SEC. 111. TARGET PRACTICE AND MARKSMANSHIP TRAINING.
This subtitle may be cited as the ‘Target Practice and Marksmanship Training Support Act’.CommentsClose CommentsPermalink
SEC. 112. FINDINGS; PURPOSE.
(a) Findings- Congress finds that--CommentsClose CommentsPermalink
(1) the use of firearms and archery equipment for target practice and marksmanship training activities on Federal land is allowed, except to the extent specific portions of that land have been closed to those activities;CommentsClose CommentsPermalink
(2) in recent years preceding the date of enactment of this Act, portions of Federal land have been closed to target practice and marksmanship training for many reasons;CommentsClose CommentsPermalink
(3) the availability of public target ranges on non-Federal land has been declining for a variety of reasons, including continued population growth and development near former ranges;CommentsClose CommentsPermalink
(4) providing opportunities for target practice and marksmanship training at public target ranges on Federal and non-Federal land can help--CommentsClose CommentsPermalink
(A) to promote enjoyment of shooting, recreational, and hunting activities; andCommentsClose CommentsPermalink
(B) to ensure safe and convenient locations for those activities;CommentsClose CommentsPermalink
(5) Federal law in effect on the date of enactment of this Act, including the Pittman-Robertson Wildlife Restoration Act (
(6) it is in the public interest to provide increased Federal support to facilitate the construction or expansion of public target ranges.CommentsClose CommentsPermalink
(b) Purpose- The purpose of this subtitle is to facilitate the construction and expansion of public target ranges, including ranges on Federal land managed by the Forest Service and the Bureau of Land Management.CommentsClose CommentsPermalink
SEC. 113. DEFINITION OF PUBLIC TARGET RANGE.
In this subtitle, the term ‘public target range’ means a specific location that--CommentsClose CommentsPermalink
(1) is identified by a governmental agency for recreational shooting;CommentsClose CommentsPermalink
(2) is open to the public;CommentsClose CommentsPermalink
(3) may be supervised; andCommentsClose CommentsPermalink
(4) may accommodate archery or rifle, pistol, or shotgun shooting.CommentsClose CommentsPermalink
SEC. 114. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT.
(a) Definitions- Section 2 of the Pittman-Robertson Wildlife Restoration Act (
(1) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; andCommentsClose CommentsPermalink
(2) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink
‘(2) the term ‘public target range’ means a specific location that--CommentsClose CommentsPermalink
‘(A) is identified by a governmental agency for recreational shooting;CommentsClose CommentsPermalink
‘(B) is open to the public;CommentsClose CommentsPermalink
‘(C) may be supervised; andCommentsClose CommentsPermalink
‘(D) may accommodate archery or rifle, pistol, or shotgun shooting;’.CommentsClose CommentsPermalink
(b) Expenditures for Management of Wildlife Areas and Resources- Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (
(1) by striking ‘(b) Each State’ and inserting the following:CommentsClose CommentsPermalink
‘(b) Expenditures for Management of Wildlife Areas and Resources-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Except as provided in paragraph (2), each State’;CommentsClose CommentsPermalink
(2) in paragraph (1) (as so designated), by striking ‘construction, operation,’ and inserting ‘operation’;CommentsClose CommentsPermalink
(3) in the second sentence, by striking ‘The non-Federal share’ and inserting the following:CommentsClose CommentsPermalink
‘(3) NON-FEDERAL SHARE- The non-Federal share’;CommentsClose CommentsPermalink
(4) in the third sentence, by striking ‘The Secretary’ and inserting the following:CommentsClose CommentsPermalink
‘(4) REGULATIONS- The Secretary’; andCommentsClose CommentsPermalink
(5) by inserting after paragraph (1) (as designated by paragraph (1) of this subsection) the following:CommentsClose CommentsPermalink
‘(2) EXCEPTION- Notwithstanding the limitation described in paragraph (1), a State may pay up to 90 percent of the cost of acquiring land for, expanding, or constructing a public target range.’.CommentsClose CommentsPermalink
(c) Firearm and Bow Hunter Education and Safety Program Grants- Section 10 of the Pittman-Robertson Wildlife Restoration Act (
(1) in subsection (a), by adding at the end the following:CommentsClose CommentsPermalink
‘(3) ALLOCATION OF ADDITIONAL AMOUNTS- Of the amount apportioned to a State for any fiscal year under section 4(b), the State may elect to allocate not more than 10 percent, to be combined with the amount apportioned to the State under paragraph (1) for that fiscal year, for acquiring land for, expanding, or constructing a public target range.’;CommentsClose CommentsPermalink
(2) by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink
‘(b) Cost Sharing-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Except as provided in paragraph (2), the Federal share of the cost of any activity carried out using a grant under this section shall not exceed 75 percent of the total cost of the activity.CommentsClose CommentsPermalink
‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR EXPANSION- The Federal share of the cost of acquiring land for, expanding, or constructing a public target range in a State on Federal or non-Federal land pursuant to this section or section 8(b) shall not exceed 90 percent of the cost of the activity.’; andCommentsClose CommentsPermalink
(3) in subsection (c)(1)--CommentsClose CommentsPermalink
(A) by striking ‘Amounts made’ and inserting the following:CommentsClose CommentsPermalink
‘(A) IN GENERAL- Except as provided in subparagraph (B), amounts made’; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(B) EXCEPTION- Amounts provided for acquiring land for, constructing, or expanding a public target range shall remain available for expenditure and obligation during the 5-fiscal-year period beginning on October 1 of the first fiscal year for which the amounts are made available.’.CommentsClose CommentsPermalink
SEC. 115. SENSE OF CONGRESS REGARDING COOPERATION.
It is the sense of Congress that, consistent with applicable laws (including regulations), the Chief of the Forest Service and the Director of the Bureau of Land Management should cooperate with State and local authorities and other entities to implement best practices for waste management and removal and carry out other related activities on any Federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training.CommentsClose CommentsPermalink
Subtitle C--FishingCommentsClose CommentsPermalink
Subtitle C--FishingCommentsClose CommentsPermalink
SEC. 121. MODIFICATION OF DEFINITION OF TOXIC SUBSTANCE TO EXCLUDE SPORT FISHING EQUIPMENT.
(a) In General- Section 3(2)(B) of the Toxic Substances Control Act (
(1) in clause (v), by striking ‘, and’ and inserting ‘, or any component of any such article including, without limitation, shot, bullets and other projectiles, propellants, and primers,’;CommentsClose CommentsPermalink
(2) in clause (vi) by striking the period at the end and inserting ‘, and’; andCommentsClose CommentsPermalink
(3) by inserting after clause (vi) the following:CommentsClose CommentsPermalink
‘(vii) any sport fishing equipment (as such term is defined in section 4162(a) of the Internal Revenue Code of 1986, without regard to paragraphs (6) through (9) thereof) the sale of which is subject to the tax imposed by section 4161(a) of such Code (determined without regard to any exemptions from such tax as provided by section 4162 or 4221 or any other provision of such Code), and sport fishing equipment components.’.CommentsClose CommentsPermalink
(b) Relationship to Other Law- Nothing in this section or any amendment made by this section affects or limits the application of or obligation to comply with any other Federal, State or local law.CommentsClose CommentsPermalink
SEC. 122. PROHIBITION ON SALE OF BILLFISH.
(a) Findings- Congress finds that--CommentsClose CommentsPermalink
(1) the United States carefully regulates its domestic fisheries for billfish and participates in international fishery management bodies in the Atlantic and Pacific Oceans;CommentsClose CommentsPermalink
(2) global billfish populations have declined significantly because of overfishing primarily through retention of bycatch by non-United States commercial fishing fleets; andCommentsClose CommentsPermalink
(3) ending the importation of foreign-caught billfish for sale in the United States aligns with United States management measures relating to billfish and protects the significant economic benefits to the United States economy of recreational fishing and marine commerce and the traditional cultural fisheries.CommentsClose CommentsPermalink
(b) Definition of Billfish- In this section:CommentsClose CommentsPermalink
(1) IN GENERAL- The term ‘billfish’ means any fish of the species--CommentsClose CommentsPermalink
(A) Makaira nigricans (blue marlin);CommentsClose CommentsPermalink
(B) Kajikia audax (striped marlin);CommentsClose CommentsPermalink
(C) Istiompax indica (black marlin);CommentsClose CommentsPermalink
(D) Istiophorus platypterus (sailfish);CommentsClose CommentsPermalink
(E) Tetrapturus angustirostris (shortbill spearfish);CommentsClose CommentsPermalink
(F) Kajikia albida (white marlin);CommentsClose CommentsPermalink
(G) Tetrapturus georgii (roundscale spearfish);CommentsClose CommentsPermalink
(H) Tetrapturus belone (Mediterranean spearfish); orCommentsClose CommentsPermalink
(I) Tetrapturus pfluegeri (longbill spearfish).CommentsClose CommentsPermalink
(2) EXCLUSION- The term ‘billfish’ does not include the species Xiphias gladius (swordfish).CommentsClose CommentsPermalink
(c) Prohibition- Except as provided in subsection (e), no person shall offer for sale, sell, or have custody, control, or possession of for purposes of offering for sale or selling billfish or products containing billfish.CommentsClose CommentsPermalink
(d) Penalty- For purposes of section 308(a) of the Magnuson-Stevens Fishery Conservation and Management Act (
(e) Exemptions for Traditional Fisheries and Markets-CommentsClose CommentsPermalink
(1) UNITED STATES FISHING VESSELS- Subsection (c) does not apply to billfish caught by United States fishing vessels and landed in the State of Hawaii or a Pacific Insular Area (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (
(2) FOREIGN FISHING VESSELS- Subsection (c) does not apply to billfish landed by foreign fishing vessels in a Pacific Insular Area (as so defined) if the foreign-caught billfish is exported to non-United States markets or retained within the State of Hawaii and the Pacific Insular Areas for local consumption.CommentsClose CommentsPermalink
(f) Statement of Constitutional Authority- Congress enacts this section pursuant to clause 3 of section 8 of article I of the Constitution.CommentsClose CommentsPermalink
SEC. 123. REPORT ON ARTIFICIAL REEFS IN THE GULF OF MEXICO.
(a) Initial Report- Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior, in coordination with the Secretary of Commerce and the heads of other Federal and State agencies, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a plan to assess how best to integrate the goals of the National Fishing Enhancement Act of 1984 (
(b) Contents of Plan- The plan required under subsection (a) shall include--CommentsClose CommentsPermalink
(1) an assessment of the capability of the Department of the Interior to identify and issue a public notice of platforms and related structures scheduled to be removed in 2012 and 2013 pursuant to sections 250.1700 through 250.1754 of title 30, Code of Federal Regulations (as in effect on the date of enactment of this Act), and the timeframe set out in the notice to lessees on the decommissioning for platforms and related structures in the Gulf of Mexico OCS Region (NTL No. 2010-G05) of the Department of the Interior;CommentsClose CommentsPermalink
(2) strategies for coordination with relevant Federal and State agencies and accredited marine research institutes and university marine biology departments to assess the biodiversity and critical habitat present at platforms and related structures subject to removal pursuant to sections 250.1700 through 250.1754 of title 30, Code of Federal Regulations (as in effect on the date of enactment of this Act), and the timeframe set out in NTL No. 2010-G05;CommentsClose CommentsPermalink
(3) an assessment of the potential impacts of the removal of the platforms and related structures pursuant to sections 250.1700 through 250.1754 of title 30, Code of Federal Regulations (as in effect on the date of enactment of this Act), and the timeframe set out in NTL No. 2010-G05 on the Gulf of Mexico ecosystem and marine habitat;CommentsClose CommentsPermalink
(4) an assessment of the potential impacts of not removing the platforms and related structures pursuant to sections 250.1700 through 250.1754 of title 30, Code of Federal Regulations (as in effect on the date of enactment of this Act), and the timeframe set out in NTL NO. 2010-G05, including potential damage as a result of hurricanes and other incidents; andCommentsClose CommentsPermalink
(5) an assessment of the potential impacts of the removal of platforms and related structures on the rebuilding plans for Gulf reef fish and habitat, as developed by the National Marine Fisheries Service of the Department of Commerce.CommentsClose CommentsPermalink
(c) Final Report- Not later than 18 months after the date of submission of the plan developed under subsection (a), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a final report that includes--CommentsClose CommentsPermalink
(1) a description of public comments from regional stakeholders, including recreational anglers, divers, offshore oil and gas companies, marine biologists, and commercial fisherman; andCommentsClose CommentsPermalink
(2) findings relative to comments developed under this subsection, including options to mitigate potential adverse impacts on marine habitat associated with the removal of platforms and related structures pursuant to sections 250.1700 through 250.1754 of title 30, Code of Federal Regulations (as in effect on the date of enactment of this Act), and the timeframe set out in NTL No. 2010-G05.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of the Interior to carry out this section such sums as are necessary.CommentsClose CommentsPermalink
TITLE II--NATIONAL FISH HABITATCommentsClose CommentsPermalink
TITLE II--NATIONAL FISH HABITATCommentsClose CommentsPermalink
Subtitle A--National Fish HabitatCommentsClose CommentsPermalink
Subtitle A--National Fish HabitatCommentsClose CommentsPermalink
SEC. 201. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink
(A) the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate; andCommentsClose CommentsPermalink
(B) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(2) AQUATIC HABITAT-CommentsClose CommentsPermalink
(A) IN GENERAL- The term ‘aquatic habitat’ means any area on which an aquatic organism depends, directly or indirectly, to carry out the life processes of the organism, including an area used by the organism for spawning, incubation, nursery, rearing, growth to maturity, food supply, or migration.CommentsClose CommentsPermalink
(B) INCLUSIONS- The term ‘aquatic habitat’ includes an area adjacent to an aquatic environment, if the adjacent area--CommentsClose CommentsPermalink
(i) contributes an element, such as the input of detrital material or the promotion of a planktonic or insect population providing food, that makes fish life possible;CommentsClose CommentsPermalink
(ii) protects the quality and quantity of water sources;CommentsClose CommentsPermalink
(iii) provides public access for the use of fishery resources; orCommentsClose CommentsPermalink
(iv) serves as a buffer protecting the aquatic environment.CommentsClose CommentsPermalink
(3) ASSISTANT ADMINISTRATOR- The term ‘Assistant Administrator’ means the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration.CommentsClose CommentsPermalink
(4) BOARD- The term ‘Board’ means the National Fish Habitat Board established by section 202(a)(1).CommentsClose CommentsPermalink
(5) CONSERVATION; CONSERVE; MANAGE; MANAGEMENT- The terms ‘conservation’, ‘conserve’, ‘manage’, and ‘management’ mean to protect, sustain, and, where appropriate, restore and enhance, using methods and procedures associated with modern scientific resource programs (including protection, research, census, law enforcement, habitat management, propagation, live trapping and transplantation, and regulated taking)--CommentsClose CommentsPermalink
(A) a healthy population of fish, wildlife, or plant life;CommentsClose CommentsPermalink
(B) a habitat required to sustain fish, wildlife, or plant life; orCommentsClose CommentsPermalink
(C) a habitat required to sustain fish, wildlife, or plant life productivity.CommentsClose CommentsPermalink
(6) DIRECTOR- The term ‘Director’ means the Director of the United States Fish and Wildlife Service.CommentsClose CommentsPermalink
(7) FISH-CommentsClose CommentsPermalink
(A) IN GENERAL- The term ‘fish’ means any freshwater, diadromous, estuarine, or marine finfish or shellfish.CommentsClose CommentsPermalink
(B) INCLUSIONS- The term ‘fish’ includes the egg, spawn, spat, larval, and other juvenile stages of an organism described in subparagraph (A).CommentsClose CommentsPermalink
(8) FISH HABITAT CONSERVATION PROJECT-CommentsClose CommentsPermalink
(A) IN GENERAL- The term ‘fish habitat conservation project’ means a project that--CommentsClose CommentsPermalink
(i) is submitted to the Board by a Partnership and approved by the Secretary under section 204; andCommentsClose CommentsPermalink
(ii) provides for the conservation or management of an aquatic habitat.CommentsClose CommentsPermalink
(B) INCLUSIONS- The term ‘fish habitat conservation project’ includes--CommentsClose CommentsPermalink
(i) the provision of technical assistance to a State, Indian tribe, or local community by the National Fish Habitat Conservation Partnership Office or any other agency to facilitate the development of strategies and priorities for the conservation of aquatic habitats; orCommentsClose CommentsPermalink
(ii) the obtaining of a real property interest in land or water, including water rights, in accordance with terms and conditions that ensure that the real property will be administered for the long-term conservation of--CommentsClose CommentsPermalink
(I) the land or water; andCommentsClose CommentsPermalink
(II) the fish dependent on the land or water.CommentsClose CommentsPermalink
(9) INDIAN TRIBE- The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (
(10) NATIONAL FISH HABITAT ACTION PLAN- The term ‘National Fish Habitat Action Plan’ means the National Fish Habitat Action Plan dated April 24, 2006, and any subsequent revisions or amendments to that plan.CommentsClose CommentsPermalink
(11) PARTNERSHIP- The term ‘Partnership’ means an entity designated by the Board as a Fish Habitat Conservation Partnership pursuant to section 203(a).CommentsClose CommentsPermalink
(12) REAL PROPERTY INTEREST- The term ‘real property interest’ means an ownership interest in--CommentsClose CommentsPermalink
(A) land;CommentsClose CommentsPermalink
(B) water (including water rights); orCommentsClose CommentsPermalink
(C) a building or object that is permanently affixed to land.CommentsClose CommentsPermalink
(13) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(14) STATE AGENCY- The term ‘State agency’ means--CommentsClose CommentsPermalink
(A) the fish and wildlife agency of a State;CommentsClose CommentsPermalink
(B) any department or division of a department or agency of a State that manages in the public trust the inland or marine fishery resources or the habitat for those fishery resources of the State pursuant to State law or the constitution of the State; orCommentsClose CommentsPermalink
(C) the fish and wildlife agency of the Commonwealth of Puerto Rico, Guam, the Virgin Islands, or any other territory or possession of the United States.CommentsClose CommentsPermalink
SEC. 202. NATIONAL FISH HABITAT BOARD.
(a) Establishment-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established a board, to be known as the ‘National Fish Habitat Board’--CommentsClose CommentsPermalink
(A) to promote, oversee, and coordinate the implementation of this subtitle and the National Fish Habitat Action Plan;CommentsClose CommentsPermalink
(B) to establish national goals and priorities for aquatic habitat conservation;CommentsClose CommentsPermalink
(C) to designate Partnerships; andCommentsClose CommentsPermalink
(D) to review and make recommendations regarding fish habitat conservation projects.CommentsClose CommentsPermalink
(2) MEMBERSHIP- The Board shall be composed of 27 members, of whom--CommentsClose CommentsPermalink
(A) 1 shall be the Director;CommentsClose CommentsPermalink
(B) 1 shall be the Assistant Administrator;CommentsClose CommentsPermalink
(C) 1 shall be the Chief of the Natural Resources Conservation Service;CommentsClose CommentsPermalink
(D) 1 shall be the Chief of the Forest Service;CommentsClose CommentsPermalink
(E) 1 shall be the Assistant Administrator for Water of the Environmental Protection Agency;CommentsClose CommentsPermalink
(F) 1 shall be the President of the Association of Fish and Wildlife Agencies;CommentsClose CommentsPermalink
(G) 1 shall be the Secretary of the Board of Directors of the National Fish and Wildlife Foundation appointed pursuant to section 3(g)(2)(B) of the National Fish and Wildlife Foundation Establishment Act (
(H) 4 shall be representatives of State agencies, 1 of whom shall be nominated by a regional association of fish and wildlife agencies from each of the Northeast, Southeast, Midwest, and Western regions of the United States;CommentsClose CommentsPermalink
(I) 1 shall be a representative of the American Fisheries Society;CommentsClose CommentsPermalink
(J) 2 shall be representatives of Indian tribes, of whom--CommentsClose CommentsPermalink
(i) 1 shall represent Indian tribes from the State of Alaska; andCommentsClose CommentsPermalink
(ii) 1 shall represent Indian tribes from the other States;CommentsClose CommentsPermalink
(K) 1 shall be a representative of the Regional Fishery Management Councils established under section 302 of the Magnuson-Stevens Fishery Conservation and Management Act (
(L) 1 shall be a representative of the Marine Fisheries Commissions, which is composed of--CommentsClose CommentsPermalink
(i) the Atlantic States Marine Fisheries Commission;CommentsClose CommentsPermalink
(ii) the Gulf States Marine Fisheries Commission; andCommentsClose CommentsPermalink
(iii) the Pacific States Marine Fisheries Commission;CommentsClose CommentsPermalink
(M) 1 shall be a representative of the Sportfishing and Boating Partnership Council; andCommentsClose CommentsPermalink
(N) 10 shall be representatives selected from each of the following groups:CommentsClose CommentsPermalink
(i) The recreational sportfishing industry.CommentsClose CommentsPermalink
(ii) The commercial fishing industry.CommentsClose CommentsPermalink
(iii) Marine recreational anglers.CommentsClose CommentsPermalink
(iv) Freshwater recreational anglers.CommentsClose CommentsPermalink
(v) Terrestrial resource conservation organizations.CommentsClose CommentsPermalink
(vi) Aquatic resource conservation organizations.CommentsClose CommentsPermalink
(vii) The livestock and poultry production industry.CommentsClose CommentsPermalink
(viii) The land development industry.CommentsClose CommentsPermalink
(ix) The row crop industry.CommentsClose CommentsPermalink
(x) Natural resource commodity interests, such as petroleum or mineral extraction.CommentsClose CommentsPermalink
(3) COMPENSATION- A member of the Board shall serve without compensation.CommentsClose CommentsPermalink
(4) TRAVEL EXPENSES- A member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Board.CommentsClose CommentsPermalink
(b) Appointment and Terms-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as otherwise provided in this subsection, a member of the Board described in any of subparagraphs (H) through (N) of subsection (a)(2) shall serve for a term of 3 years.CommentsClose CommentsPermalink
(2) INITIAL BOARD MEMBERSHIP-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the representatives of the board established by the National Fish Habitat Action Plan shall appoint the initial members of the Board described in subparagraphs (H) through (I) and (K) through (N) of subsection (a)(2).CommentsClose CommentsPermalink
(B) TRIBAL REPRESENTATIVES- Not later than 180 days after the enactment of this Act, the Secretary shall provide to the board established by the National Fish Habitat Action Plan a recommendation of not less than 4 tribal representatives, from which that board shall appoint 2 representatives pursuant to subparagraph (J) of subsection (a)(2).CommentsClose CommentsPermalink
(3) TRANSITIONAL TERMS- Of the members described in subsection (a)(2)(N) initially appointed to the Board--CommentsClose CommentsPermalink
(A) 4 shall be appointed for a term of 1 year;CommentsClose CommentsPermalink
(B) 4 shall be appointed for a term of 2 years; andCommentsClose CommentsPermalink
(C) 3 shall be appointed for a term of 3 years.CommentsClose CommentsPermalink
(4) VACANCIES-CommentsClose CommentsPermalink
(A) IN GENERAL- A vacancy of a member of the Board described in any of subparagraphs (H) through (I) or (K) through (N) of subsection (a)(2) shall be filled by an appointment made by the remaining members of the Board.CommentsClose CommentsPermalink
(B) TRIBAL REPRESENTATIVES- Following a vacancy of a member of the Board described in subparagraph (J) of subsection (a)(2), the Secretary shall recommend to the Board not less than 4 tribal representatives, from which the remaining members of the Board shall appoint a representative to fill the vacancy.CommentsClose CommentsPermalink
(5) CONTINUATION OF SERVICE- An individual whose term of service as a member of the Board expires may continue to serve on the Board until a successor is appointed.CommentsClose CommentsPermalink
(6) REMOVAL- If a member of the Board described in any of subparagraphs (H) through (N) of subsection (a)(2) misses 3 consecutive regularly scheduled Board meetings, the members of the Board may--CommentsClose CommentsPermalink
(A) vote to remove that member; andCommentsClose CommentsPermalink
(B) appoint another individual in accordance with paragraph (4).CommentsClose CommentsPermalink
(c) Chairperson-CommentsClose CommentsPermalink
(1) IN GENERAL- The Board shall elect a member of the Board to serve as Chairperson of the Board.CommentsClose CommentsPermalink
(2) TERM- The Chairperson of the Board shall serve for a term of 3 years.CommentsClose CommentsPermalink
(d) Meetings-CommentsClose CommentsPermalink
(1) IN GENERAL- The Board shall meet--CommentsClose CommentsPermalink
(A) at the call of the Chairperson; butCommentsClose CommentsPermalink
(B) not less frequently than twice each calendar year.CommentsClose CommentsPermalink
(2) PUBLIC ACCESS- All meetings of the Board shall be open to the public.CommentsClose CommentsPermalink
(e) Procedures-CommentsClose CommentsPermalink
(1) IN GENERAL- The Board shall establish procedures to carry out the business of the Board, including--CommentsClose CommentsPermalink
(A) a requirement that a quorum of the members of the Board be present to transact business;CommentsClose CommentsPermalink
(B) a requirement that no recommendations may be adopted by the Board, except by the vote of 2/3 of all members present and voting;CommentsClose CommentsPermalink
(C) procedures for establishing national goals and priorities for aquatic habitat conservation for the purposes of this subtitle;CommentsClose CommentsPermalink
(D) procedures for designating Partnerships under section 203; andCommentsClose CommentsPermalink
(E) procedures for reviewing, evaluating, and making recommendations regarding fish habitat conservation projects.CommentsClose CommentsPermalink
(2) QUORUM- A majority of the members of the Board shall constitute a quorum.CommentsClose CommentsPermalink
SEC. 203. FISH HABITAT PARTNERSHIPS.
(a) Authority To Designate- The Board may designate Fish Habitat Partnerships in accordance with this section.CommentsClose CommentsPermalink
(b) Purposes- The purposes of a Partnership shall be--CommentsClose CommentsPermalink
(1) to coordinate the implementation of the National Fish Habitat Action Plan at a regional level;CommentsClose CommentsPermalink
(2) to identify strategic priorities for fish habitat conservation;CommentsClose CommentsPermalink
(3) to recommend to the Board fish habitat conservation projects that address a strategic priority of the Board; andCommentsClose CommentsPermalink
(4) to develop and carry out fish habitat conservation projects.CommentsClose CommentsPermalink
(c) Applications- An entity seeking to be designated as a Partnership shall submit to the Board an application at such time, in such manner, and containing such information as the Board may reasonably require.CommentsClose CommentsPermalink
(d) Approval- The Board may approve an application for a Partnership submitted under subsection (c) if the Board determines that the applicant--CommentsClose CommentsPermalink
(1) includes representatives of a diverse group of public and private partners, including Federal, State, or local governments, nonprofit entities, Indian tribes, and private individuals, that are focused on conservation of aquatic habitats to achieve results across jurisdictional boundaries on public and private land;CommentsClose CommentsPermalink
(2) is organized to promote the health of important aquatic habitats and distinct geographical areas, keystone fish species, or system types, including reservoirs, natural lakes, coastal and marine environments, and estuaries;CommentsClose CommentsPermalink
(3) identifies strategic fish and aquatic habitat priorities for the Partnership area in the form of geographical focus areas or key stressors or impairments to facilitate strategic planning and decisionmaking;CommentsClose CommentsPermalink
(4) is able to address issues and priorities on a nationally significant scale;CommentsClose CommentsPermalink
(5) includes a governance structure that--CommentsClose CommentsPermalink
(A) reflects the range of all partners; andCommentsClose CommentsPermalink
(B) promotes joint strategic planning and decisionmaking by the applicant;CommentsClose CommentsPermalink
(6) demonstrates completion of, or significant progress toward the development of, a strategic plan to address the causes of system decline in fish populations, rather than simply treating symptoms in accordance with the National Fish Habitat Action Plan; andCommentsClose CommentsPermalink
(7) ensures collaboration in developing a strategic vision and implementation program that is scientifically sound and achievable.CommentsClose CommentsPermalink
SEC. 204. FISH HABITAT CONSERVATION PROJECTS.
(a) Submission to Board- Not later than March 31 of each calendar year, each Partnership shall submit to the Board a list of fish habitat conservation projects recommended by the Partnership for annual funding under this subtitle.CommentsClose CommentsPermalink
(b) Recommendations by Board- Not later than July 1 of each calendar year, the Board shall submit to the Secretary a description, including estimated costs, of each fish habitat conservation project that the Board recommends that the Secretary approve and fund under this subtitle, in order of priority, for the following fiscal year.CommentsClose CommentsPermalink
(c) Considerations- The Board shall select each fish habitat conservation project to be recommended to the Secretary under subsection (b)--CommentsClose CommentsPermalink
(1) based on a recommendation of the Partnership that is, or will be, participating actively in carrying out the fish habitat conservation project; andCommentsClose CommentsPermalink
(2) after taking into consideration--CommentsClose CommentsPermalink
(A) the extent to which the fish habitat conservation project fulfills a purpose of this subtitle or a goal of the National Fish Habitat Action Plan;CommentsClose CommentsPermalink
(B) the extent to which the fish habitat conservation project addresses the national priorities established by the Board;CommentsClose CommentsPermalink
(C) the availability of sufficient non-Federal funds to match Federal contributions for the fish habitat conservation project, as required by subsection (e);CommentsClose CommentsPermalink
(D) the extent to which the fish habitat conservation project--CommentsClose CommentsPermalink
(i) increases fishing opportunities for the public;CommentsClose CommentsPermalink
(ii) will be carried out through a cooperative agreement among Federal, State, and local governments, Indian tribes, and private entities;CommentsClose CommentsPermalink
(iii) increases public access to land or water;CommentsClose CommentsPermalink
(iv) advances the conservation of fish and wildlife species that are listed, or are candidates to be listed, as threatened species or endangered species under the Endangered Species Act of 1973 (
(v) where appropriate, advances the conservation of fish and fish habitats under the Magnuson-Stevens Act (
(vi) promotes resilience such that desired biological communities are able to persist and adapt to environmental stressors such as climate change; andCommentsClose CommentsPermalink
(E) the substantiality of the character and design of the fish habitat conservation project.CommentsClose CommentsPermalink
(d) Limitations-CommentsClose CommentsPermalink
(1) REQUIREMENTS FOR EVALUATION- No fish habitat conservation project may be recommended by the Board under subsection (b) or provided financial assistance under this subtitle unless the fish habitat conservation project includes an evaluation plan designed--CommentsClose CommentsPermalink
(A) to appropriately assess the biological, ecological, or other results of the habitat protection, restoration, or enhancement activities carried out using the assistance;CommentsClose CommentsPermalink
(B) to reflect appropriate changes to the fish habitat conservation project if the assessment substantiates that the fish habitat conservation project objectives are not being met; andCommentsClose CommentsPermalink
(C) to require the submission to the Board of a report describing the findings of the assessment.CommentsClose CommentsPermalink
(2) ACQUISITION OF REAL PROPERTY INTERESTS-CommentsClose CommentsPermalink
(A) IN GENERAL- No fish habitat conservation project that will result in the acquisition by the State, local government, or other non-Federal entity, in whole or in part, of any real property interest may be recommended by the Board under subsection (b) or provided financial assistance under this subtitle unless the project meets the requirements of subparagraph (B).CommentsClose CommentsPermalink
(B) REQUIREMENTS-CommentsClose CommentsPermalink
(i) IN GENERAL- A real property interest may not be acquired pursuant to a fish habitat conservation project by a State, public agency, or other non-Federal entity unless the State, agency, or other non-Federal entity is obligated to undertake the management of the property being acquired in accordance with the purposes of this subtitle.CommentsClose CommentsPermalink
(ii) ADDITIONAL CONDITIONS- Any real property interest acquired by a State, local government, or other non-Federal entity pursuant to a fish habitat conservation project shall be subject to terms and conditions that ensure that the interest will be administered for the long-term conservation and management of the aquatic ecosystem and the fish and wildlife dependent on that ecosystem.CommentsClose CommentsPermalink
(e) Non-Federal Contributions-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), no fish habitat conservation project may be recommended by the Board under subsection (b) or provided financial assistance under this subtitle unless at least 50 percent of the cost of the fish habitat conservation project will be funded with non-Federal funds.CommentsClose CommentsPermalink
(2) PROJECTS ON FEDERAL LAND OR WATER- Notwithstanding paragraph (1), Federal funds may be used for payment of 100 percent of the costs of a fish habitat conservation project located on Federal land or water.CommentsClose CommentsPermalink
(3) NON-FEDERAL SHARE- The non-Federal share of the cost of a fish habitat conservation project--CommentsClose CommentsPermalink
(A) may not be derived from a Federal grant program; butCommentsClose CommentsPermalink
(B) may include in-kind contributions and cash.CommentsClose CommentsPermalink
(4) SPECIAL RULE FOR INDIAN TRIBES- Notwithstanding paragraph (1) or any other provision of law, any funds made available to an Indian tribe pursuant to this subtitle may be considered to be non-Federal funds for the purpose of paragraph (1).CommentsClose CommentsPermalink
(f) Approval-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 180 days after the date of receipt of the recommendations of the Board for fish habitat conservation projects under subsection (b), and based, to the maximum extent practicable, on the criteria described in subsection (c)--CommentsClose CommentsPermalink
(A) the Secretary shall approve, reject, or reorder the priority of any fish habitat conservation project recommended by the Board that is not within a marine or estuarine habitat; andCommentsClose CommentsPermalink
(B) the Secretary and the Secretary of Commerce shall jointly approve, reject, or reorder the priority of any fish habitat conservation project recommended by the Board that is within a marine or estuarine habitat.CommentsClose CommentsPermalink
(2) FUNDING- If the Secretary, or the Secretary and the Secretary of Commerce jointly, approves a fish habitat conservation project under paragraph (1), the Secretary, or the Secretary and the Secretary of Commerce jointly, shall use amounts made available to carry out this subtitle to provide funds to carry out the fish habitat conservation project.CommentsClose CommentsPermalink
(3) NOTIFICATION- If the Secretary, or the Secretary and the Secretary of Commerce jointly, rejects or reorders the priority of any fish habitat conservation project recommended by the Board under subsection (b), the Secretary, or the Secretary and the Secretary of Commerce jointly, shall provide to the Board and the appropriate Partnership a written statement of the reasons that the Secretary, or the Secretary and the Secretary of Commerce jointly, rejected or modified the priority of the fish habitat conservation project.CommentsClose CommentsPermalink
(4) LIMITATION- If the Secretary, or the Secretary and the Secretary of Commerce jointly, has not approved, rejected, or reordered the priority of the recommendations of the Board for fish habitat conservation projects by the date that is 180 days after the date of receipt of the recommendations, the recommendations shall be considered to be approved.CommentsClose CommentsPermalink
SEC. 205. NATIONAL FISH HABITAT CONSERVATION PARTNERSHIP OFFICE.
(a) Establishment- Not later than 1 year after the date of enactment of this Act, the Director shall establish an office, to be known as the ‘National Fish Habitat Conservation Partnership Office’, within the United States Fish and Wildlife Service.CommentsClose CommentsPermalink
(b) Functions- The National Fish Habitat Conservation Partnership Office shall--CommentsClose CommentsPermalink
(1) provide funding for the operational needs of the Partnerships, including funding for activities such as planning, project development and implementation, coordination, monitoring, evaluation, communication, and outreach;CommentsClose CommentsPermalink
(2) provide funding to support the detail of State and tribal fish and wildlife staff to the Office;CommentsClose CommentsPermalink
(3) facilitate the cooperative development and approval of Partnerships;CommentsClose CommentsPermalink
(4) assist the Secretary and the Board in carrying out this subtitle;CommentsClose CommentsPermalink
(5) assist the Secretary in carrying out the requirements of sections 206 and 208;CommentsClose CommentsPermalink
(6) facilitate communication, cohesiveness, and efficient operations for the benefit of Partnerships and the Board;CommentsClose CommentsPermalink
(7) facilitate, with assistance from the Director, the Assistant Administrator, and the President of the Association of Fish and Wildlife Agencies, the consideration of fish habitat conservation projects by the Board;CommentsClose CommentsPermalink
(8) provide support to the Director regarding the development and implementation of the interagency operational plan under subsection (c);CommentsClose CommentsPermalink
(9) coordinate technical and scientific reporting as required by section 209;CommentsClose CommentsPermalink
(10) facilitate the efficient use of resources and activities of Federal departments and agencies to carry out this subtitle in an efficient manner; andCommentsClose CommentsPermalink
(11) provide support to the Board for national communication and outreach efforts that promote public awareness of fish habitat conservation.CommentsClose CommentsPermalink
(c) Interagency Operational Plan- Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Director, in cooperation with the Assistant Administrator and the heads of other appropriate Federal departments and agencies, shall develop an interagency operational plan for the National Fish Habitat Conservation Partnership Office that describes--CommentsClose CommentsPermalink
(1) the functional, operational, technical, scientific, and general staff, administrative, and material needs of the Office; andCommentsClose CommentsPermalink
(2) any interagency agreements between or among Federal departments and agencies to address those needs.CommentsClose CommentsPermalink
(d) Staff and Support-CommentsClose CommentsPermalink
(1) DEPARTMENTS OF INTERIOR AND COMMERCE- The Director and the Assistant Administrator shall each provide appropriate staff to support the National Fish Habitat Conservation Partnership Office, subject to the availability of funds under section 213.CommentsClose CommentsPermalink
(2) STATES AND INDIAN TRIBES- Each State and Indian tribe is encouraged to provide staff to support the National Fish Habitat Conservation Partnership Office.CommentsClose CommentsPermalink
(3) DETAILEES AND CONTRACTORS- The National Fish Habitat Conservation Partnership Office may accept staff or other administrative support from other entities--CommentsClose CommentsPermalink
(A) through interagency details; orCommentsClose CommentsPermalink
(B) as contractors.CommentsClose CommentsPermalink
(4) QUALIFICATIONS- The staff of the National Fish Habitat Conservation Partnership Office shall include members with education and experience relating to the principles of fish, wildlife, and aquatic habitat conservation.CommentsClose CommentsPermalink
(5) WAIVER OF REQUIREMENT- The Secretary may waive all or part of the non-Federal contribution requirement under section 204(e)(1) if the Secretary determines that--CommentsClose CommentsPermalink
(A) no reasonable means are available through which the affected applicant can meet the requirement; andCommentsClose CommentsPermalink
(B) the probable benefit of the relevant fish habitat conservation project outweighs the public interest in meeting the requirement.CommentsClose CommentsPermalink
(e) Reports- Not less frequently than once each year, the Director shall provide to the Board a report describing the activities of the National Fish Habitat Conservation Partnership Office.CommentsClose CommentsPermalink
SEC. 206. TECHNICAL AND SCIENTIFIC ASSISTANCE.
(a) In General- The Director, the Assistant Administrator, and the Director of the United States Geological Survey, in coordination with the Forest Service and other appropriate Federal departments and agencies, shall provide scientific and technical assistance to the Partnerships, participants in fish habitat conservation projects, and the Board.CommentsClose CommentsPermalink
(b) Inclusions- Scientific and technical assistance provided pursuant to subsection (a) may include--CommentsClose CommentsPermalink
(1) providing technical and scientific assistance to States, Indian tribes, regions, local communities, and nongovernmental organizations in the development and implementation of Partnerships;CommentsClose CommentsPermalink
(2) providing technical and scientific assistance to Partnerships for habitat assessment, strategic planning, and prioritization;CommentsClose CommentsPermalink
(3) supporting the development and implementation of fish habitat conservation projects that are identified as high priorities by Partnerships and the Board;CommentsClose CommentsPermalink
(4) supporting and providing recommendations regarding the development of science-based monitoring and assessment approaches for implementation through Partnerships;CommentsClose CommentsPermalink
(5) supporting and providing recommendations for a national fish habitat assessment; andCommentsClose CommentsPermalink
(6) ensuring the availability of experts to conduct scientifically based evaluation and reporting of the results of fish habitat conservation projects.CommentsClose CommentsPermalink
SEC. 207. CONSERVATION OF AQUATIC HABITAT FOR FISH AND OTHER AQUATIC ORGANISMS ON FEDERAL LAND.
To the extent consistent with the mission and authority of the applicable department or agency, the head of each Federal department and agency responsible for acquiring, managing, or disposing of Federal land or water shall cooperate with the Assistant Administrator and the Director to conserve the aquatic habitats for fish and other aquatic organisms within the land and water of the department or agency.CommentsClose CommentsPermalink
SEC. 208. COORDINATION WITH STATES AND INDIAN TRIBES.
The Secretary shall provide a notice to, and coordinate with, the appropriate State agency or tribal agency, as applicable, of each State and Indian tribe within the boundaries of which an activity is planned to be carried out pursuant to this subtitle by not later than 30 days before the date on which the activity is implemented.CommentsClose CommentsPermalink
SEC. 209. ACCOUNTABILITY AND REPORTING.
(a) Implementation Reports-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Board shall submit to the appropriate congressional committees a report describing the implementation of--CommentsClose CommentsPermalink
(A) this subtitle; andCommentsClose CommentsPermalink
(B) the National Fish Habitat Action Plan.CommentsClose CommentsPermalink
(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink
(A) an estimate of the number of acres, stream miles, or acre-feet (or other suitable measure) of aquatic habitat that was protected, restored, or enhanced under the National Fish Habitat Action Plan by Federal, State, or local governments, Indian tribes, or other entities in the United States during the 2-year period ending on the date of submission of the report;CommentsClose CommentsPermalink
(B) a description of the public access to aquatic habitats protected, restored, or established under the National Fish Habitat Action Plan during that 2-year period;CommentsClose CommentsPermalink
(C) a description of the opportunities for public fishing established under the National Fish Habitat Action Plan during that period; andCommentsClose CommentsPermalink
(D) an assessment of the status of fish habitat conservation projects carried out with funds provided under this subtitle during that period, disaggregated by year, including--CommentsClose CommentsPermalink
(i) a description of the fish habitat conservation projects recommended by the Board under section 204(b);CommentsClose CommentsPermalink
(ii) a description of each fish habitat conservation project approved by the Secretary under section 204(f), in order of priority for funding;CommentsClose CommentsPermalink
(iii) a justification for--CommentsClose CommentsPermalink
(I) the approval of each fish habitat conservation project; andCommentsClose CommentsPermalink
(II) the order of priority for funding of each fish habitat conservation project;CommentsClose CommentsPermalink
(iv) a justification for any rejection or reordering of the priority of each fish habitat conservation project recommended by the Board under section 204(b) that was based on a factor other than the criteria described in section 204(c); andCommentsClose CommentsPermalink
(v) an accounting of expenditures by Federal, State, or local governments, Indian tribes, or other entities to carry out fish habitat conservation projects.CommentsClose CommentsPermalink
(b) Status and Trends Report- Not later than December 31, 2012, and every 5 years thereafter, the Board shall submit to the appropriate congressional committees a report describing the status of aquatic habitats in the United States.CommentsClose CommentsPermalink
(c) Revisions- Not later than December 31, 2013, and every 5 years thereafter, the Board shall revise the goals and other elements of the National Fish Habitat Action Plan, after consideration of each report required by subsection (b).CommentsClose CommentsPermalink
SEC. 210. REGULATIONS.
The Secretary may promulgate such regulations as the Secretary determines to be necessary to carry out this subtitle.CommentsClose CommentsPermalink
SEC. 211. EFFECT OF SUBTITLE.
(a) Water Rights- Nothing in this subtitle--CommentsClose CommentsPermalink
(1) establishes any express or implied reserved water right in the United States for any purpose;CommentsClose CommentsPermalink
(2) affects any water right in existence on the date of enactment of this Act;CommentsClose CommentsPermalink
(3) preempts or affects any State water law or interstate compact governing water; orCommentsClose CommentsPermalink
(4) affects any Federal or State law in existence on the date of enactment of the Act regarding water quality or water quantity.CommentsClose CommentsPermalink
(b) State Authority- Nothing in this subtitle--CommentsClose CommentsPermalink
(1) affects the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under the laws and regulations of the State; orCommentsClose CommentsPermalink
(2) authorizes the Secretary to control or regulate within a State the fishing or hunting of fish and wildlife.CommentsClose CommentsPermalink
(c) Effect on Indian Tribes- Nothing in this subtitle abrogates, abridges, affects, modifies, supersedes, or alters any right of an Indian tribe recognized by treaty or any other means, including--CommentsClose CommentsPermalink
(1) an agreement between the Indian tribe and the United States;CommentsClose CommentsPermalink
(2) Federal law (including regulations);CommentsClose CommentsPermalink
(3) an Executive order; orCommentsClose CommentsPermalink
(4) a judicial decree.CommentsClose CommentsPermalink
(d) Adjudication of Water Rights- Nothing in this subtitle diminishes or affects the ability of the Secretary to join an adjudication of rights to the use of water pursuant to subsection (a), (b), or (c) of section 208 of the Department of Justice Appropriation Act, 1953 (
(e) Effect on Other Authorities-CommentsClose CommentsPermalink
(1) ACQUISITION OF LAND AND WATER- Nothing in this subtitle alters or otherwise affects the authorities, responsibilities, obligations, or powers of the Secretary to acquire land, water, or an interest in land or water under any other provision of law.CommentsClose CommentsPermalink
(2) PRIVATE PROPERTY PROTECTION- Nothing in this subtitle permits the use of funds made available to carry out this subtitle to acquire real property or a real property interest without the written consent of each owner of the real property or real property interest.CommentsClose CommentsPermalink
(3) MITIGATION- Nothing in this subtitle permits the use of funds made available to carry out this subtitle for fish and wildlife mitigation purposes under--CommentsClose CommentsPermalink
(A) the Federal Water Pollution Control Act (
(B) the Fish and Wildlife Coordination Act (
(C) the Water Resources Development Act of 1986 (
(D) any other Federal law or court settlement.CommentsClose CommentsPermalink
SEC. 212. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to--CommentsClose CommentsPermalink
(1) the Board; orCommentsClose CommentsPermalink
(2) any Partnership.CommentsClose CommentsPermalink
SEC. 213. FUNDING.
(a) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) FISH HABITAT CONSERVATION PROJECTS- There is authorized to be appropriated to the Secretary $7,200,000 for each of fiscal years 2012 through 2016 to provide funds for fish habitat conservation projects approved under section 204(f), of which 5 percent shall be made available for each fiscal year for projects carried out by Indian tribes.CommentsClose CommentsPermalink
(2) NATIONAL FISH HABITAT CONSERVATION PARTNERSHIP OFFICE-CommentsClose CommentsPermalink
(A) IN GENERAL- There is authorized to be appropriated to the Secretary for each of fiscal years 2012 through 2016 for the National Fish Habitat Conservation Partnership Office, and to carry out section 209, an amount equal to 5 percent of the amount appropriated for the applicable fiscal year pursuant to paragraph (1).CommentsClose CommentsPermalink
(B) REQUIRED TRANSFERS- The Secretary shall annually transfer to other Federal departments and agencies such percentage of the amounts made available pursuant to subparagraph (A) as is required to support participation by those departments and agencies in the National Fish Habitat Conservation Partnership Office pursuant to the interagency operational plan under section 205(c).CommentsClose CommentsPermalink
(3) TECHNICAL AND SCIENTIFIC ASSISTANCE- There are authorized to be appropriated for each of fiscal years 2012 through 2016 to carry out, and provide technical and scientific assistance under, section 206--CommentsClose CommentsPermalink
(A) $500,000 to the Secretary for use by the United States Fish and Wildlife Service;CommentsClose CommentsPermalink
(B) $500,000 to the Assistant Administrator for use by the National Oceanic and Atmospheric Administration; andCommentsClose CommentsPermalink
(C) $500,000 to the Secretary for use by the United States Geological Survey.CommentsClose CommentsPermalink
(4) PLANNING AND ADMINISTRATIVE EXPENSES- There is authorized to be appropriated to the Secretary for each of fiscal years 2012 through 2016 for use by the Board, the Director, and the Assistant Administrator for planning and administrative expenses an amount equal to 3 percent of the amount appropriated for the applicable fiscal year pursuant to paragraph (1).CommentsClose CommentsPermalink
(b) Agreements and Grants- The Secretary may--CommentsClose CommentsPermalink
(1) on the recommendation of the Board, and notwithstanding sections 6304 and 6305 of title 31, United States Code, and the Federal Financial Assistance Management Improvement Act of 1999 (
(2) apply for, accept, and use a grant from any individual or entity to carry out the purposes of this subtitle; andCommentsClose CommentsPermalink
(3) make funds available to any Federal department or agency for use by that department or agency to provide grants for any fish habitat protection project, restoration project, or enhancement project that the Secretary determines to be consistent with this subtitle.CommentsClose CommentsPermalink
(c) Donations-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary may--CommentsClose CommentsPermalink
(A) enter into an agreement with any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of that Code to solicit private donations to carry out the purposes of this subtitle; andCommentsClose CommentsPermalink
(B) accept donations of funds, property, and services to carry out the purposes of this subtitle.CommentsClose CommentsPermalink
(2) TREATMENT- A donation accepted under this section--CommentsClose CommentsPermalink
(A) shall be considered to be a gift or bequest to, or otherwise for the use of, the United States; andCommentsClose CommentsPermalink
(B) may be--CommentsClose CommentsPermalink
(i) used directly by the Secretary; orCommentsClose CommentsPermalink
(ii) provided to another Federal department or agency through an interagency agreement.CommentsClose CommentsPermalink
Subtitle B--Duck StampsCommentsClose CommentsPermalink
Subtitle B--Duck StampsCommentsClose CommentsPermalink
SEC. 221. FINDINGS.
Congress finds that--CommentsClose CommentsPermalink
(1) Federal Migratory Bird Hunting and Conservation Stamps (commonly known as ‘duck stamps’) were created in 1934 as Federal licenses required for hunting migratory waterfowl;CommentsClose CommentsPermalink
(2)(A) duck stamps are a vital tool for wetland conservation;CommentsClose CommentsPermalink
(B) 98 percent of the receipts from duck stamp sales are used to acquire important migratory bird breeding, migration, and wintering habitat, which are added to the National Wildlife Refuge System; andCommentsClose CommentsPermalink
(C) those benefits extend to all wildlife, not just ducks;CommentsClose CommentsPermalink
(3) since inception, the Federal duck stamp program--CommentsClose CommentsPermalink
(A) has generated more than $750,000,000;CommentsClose CommentsPermalink
(B) has preserved more than 5,000,000 acres of wetland and wildlife habitat; andCommentsClose CommentsPermalink
(C) is considered among the most successful conservation programs ever initiated;CommentsClose CommentsPermalink
(4)(A) since 1934, when duck stamps cost $1, the price has been increased 7 times to the price in effect on the date of enactment of this Act of $15, which took effect in 1991; andCommentsClose CommentsPermalink
(B) the price of the duck stamp has not increased since 1991, the longest single period without an increase in program history; andCommentsClose CommentsPermalink
(5) with the price unchanged during the 20-year period ending on the date of enactment of this Act, duck stamps have lost 40 percent of the value of the duck stamps based on the consumer price index, while the United States Fish and Wildlife Service reports the price of land in targeted wetland areas has tripled from an average of $306 to $1,091 per acre.CommentsClose CommentsPermalink
SEC. 222. COST OF STAMPS.
Section 2 of the Migratory Bird Hunting and Conservation Stamp Act (
‘(b) Cost of Stamps-CommentsClose CommentsPermalink
‘(1) IN GENERAL- For the 3-calendar-year period beginning with calendar year 2013, and for each 3-calendar-year period thereafter, the Secretary, in consultation with the Migratory Bird Conservation Commission, shall establish the amount to be collected under paragraph (2) for each stamp sold under this section.CommentsClose CommentsPermalink
‘(2) COLLECTION OF AMOUNTS- The United States Postal Service, the Department of the Interior, or any other agent approved by the Department of the Interior shall collect the amount established under paragraph (1) for each stamp sold under this section for a hunting year if the Secretary determines, at any time before February 1 of the calendar year during which the hunting year begins, that all amounts described in paragraph (3) have been obligated for expenditure.CommentsClose CommentsPermalink
‘(3) AMOUNTS- The amounts described in this paragraph are amounts in the Migratory Bird Conservation Fund that are available for obligation and attributable to--CommentsClose CommentsPermalink
‘(A) amounts appropriated pursuant to this Act for the fiscal year ending in the immediately preceding calendar year; andCommentsClose CommentsPermalink
‘(B) the sale of stamps under this section during that fiscal year.’.CommentsClose CommentsPermalink
SEC. 223. WAIVERS.
Section 1(a) of the Migratory Bird Hunting and Conservation Stamp Act (
(1) in paragraph (1), by inserting ‘and subsection (d)’ after ‘paragraph (2)’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(d) Waivers-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary, in consultation with the Migratory Bird Conservation Commission, may waive requirements under this section for such individuals as the Secretary, in consultation with the Migratory Bird Conservation Commission, determines to be appropriate.CommentsClose CommentsPermalink
‘(2) LIMITATION- In making the determination described in paragraph (1), the Secretary shall grant only those waivers the Secretary determines will have a minimal adverse effect on funds to be deposited in the Migratory Bird Conservation Fund established under section 4(a)(3).’.CommentsClose CommentsPermalink
SEC. 224. PERMANENT ELECTRONIC DUCK STAMPS.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) ACTUAL STAMP- The term ‘actual stamp’ means a Federal migratory-bird hunting and conservation stamp required under the Act of March 16, 1934 (
(2) AUTOMATED LICENSING SYSTEM-CommentsClose CommentsPermalink
(A) IN GENERAL- The term ‘automated licensing system’ means an electronic, computerized licensing system used by a State fish and wildlife agency to issue hunting, fishing, and other associated licenses and products.CommentsClose CommentsPermalink
(B) INCLUSION- The term ‘automated licensing system’ includes a point-of-sale, Internet, telephonic system, or other electronic applications used for a purpose described in subparagraph (A).CommentsClose CommentsPermalink
(3) ELECTRONIC STAMP- The term ‘electronic stamp’ means an electronic version of an actual stamp that--CommentsClose CommentsPermalink
(A) is a unique identifier for the individual to whom it is issued;CommentsClose CommentsPermalink
(B) can be printed on paper or produced through an electronic application with the same indicators as the State endorsement provides;CommentsClose CommentsPermalink
(C) is issued through a State automated licensing system that is authorized, under State law and by the Secretary under this section, to issue electronic stamps;CommentsClose CommentsPermalink
(D) is compatible with the hunting licensing system of the State that issues the electronic stamp; andCommentsClose CommentsPermalink
(E) is described in the State application approved by the Secretary under subsection (c).CommentsClose CommentsPermalink
(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(b) Authority to Issue Electronic Duck Stamps-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary may authorize any State to issue electronic stamps in accordance with this section.CommentsClose CommentsPermalink
(2) CONSULTATION- The Secretary shall implement this subsection in consultation with State management agencies.CommentsClose CommentsPermalink
(c) State Application-CommentsClose CommentsPermalink
(1) APPROVAL OF APPLICATION REQUIRED- The Secretary may not authorize a State to issue electronic stamps under this section unless the Secretary has received and approved an application submitted by the State in accordance with this subsection.CommentsClose CommentsPermalink
(2) NUMBER OF NEW STATES- The Secretary may determine the number of new States per year to participate in the electronic stamp program.CommentsClose CommentsPermalink
(3) CONTENTS OF APPLICATION- The Secretary may not approve a State application unless the application contains--CommentsClose CommentsPermalink
(A) a description of the format of the electronic stamp that the State will issue under this section, including identifying features of the licensee that will be specified on the stamp;CommentsClose CommentsPermalink
(B) a description of any fee the State will charge for issuance of an electronic stamp;CommentsClose CommentsPermalink
(C) a description of the process the State will use to account for and transfer to the Secretary the amounts collected by the State that are required to be transferred to the Secretary under the program;CommentsClose CommentsPermalink
(D) the manner by which the State will transmit electronic stamp customer data to the Secretary;CommentsClose CommentsPermalink
(E) the manner by which actual stamps will be delivered;CommentsClose CommentsPermalink
(F) the policies and procedures under which the State will issue duplicate electronic stamps; andCommentsClose CommentsPermalink
(G) such other policies, procedures, and information as may be reasonably required by the Secretary.CommentsClose CommentsPermalink
(d) Publication of Deadlines, Eligibility Requirements, and Selection Criteria- Not later than 30 days before the date on which the Secretary begins accepting applications under this section, the Secretary shall publish--CommentsClose CommentsPermalink
(1) deadlines for submission of applications;CommentsClose CommentsPermalink
(2) eligibility requirements for submitting applications; andCommentsClose CommentsPermalink
(3) criteria for approving applications.CommentsClose CommentsPermalink
(e) State Obligations and Authorities-CommentsClose CommentsPermalink
(1) DELIVERY OF ACTUAL STAMP- The Secretary shall require that each individual to whom a State sells an electronic stamp under this section shall receive an actual stamp--CommentsClose CommentsPermalink
(A) by not later than the date on which the electronic stamp expires under subsection (f)(3); andCommentsClose CommentsPermalink
(B) in a manner agreed on by the State and Secretary.CommentsClose CommentsPermalink
(2) COLLECTION AND TRANSFER OF ELECTRONIC STAMP REVENUE AND CUSTOMER INFORMATION-CommentsClose CommentsPermalink
(A) REQUIREMENT TO TRANSMIT- The Secretary shall require each State authorized to issue electronic stamps to collect and submit to the Secretary in accordance with this subsection--CommentsClose CommentsPermalink
(i) the first name, last name, and complete mailing address of each individual that purchases an electronic stamp from the State;CommentsClose CommentsPermalink
(ii) the face value amount of each electronic stamp sold by the State; andCommentsClose CommentsPermalink
(iii) the amount of the Federal portion of any fee required by the agreement for each stamp sold.CommentsClose CommentsPermalink
(B) TIME OF TRANSMITTAL- The Secretary shall require the submission under subparagraph (A) to be made with respect to sales of electronic stamps by a State according to the written agreement between the Secretary and the State agency.CommentsClose CommentsPermalink
(C) ADDITIONAL FEES NOT AFFECTED- This subsection shall not apply to the State portion of any fee collected by a State under paragraph (3).CommentsClose CommentsPermalink
(3) ELECTRONIC STAMP ISSUANCE FEE- A State authorized to issue electronic stamps may charge a reasonable fee to cover costs incurred by the State and the Department of the Interior in issuing electronic stamps under this section, including costs of delivery of actual stamps.CommentsClose CommentsPermalink
(4) DUPLICATE ELECTRONIC STAMPS- A State authorized to issue electronic stamps may issue a duplicate electronic stamp to replace an electronic stamp issued by the State that is lost or damaged.CommentsClose CommentsPermalink
(5) LIMITATION ON AUTHORITY TO REQUIRE PURCHASE OF STATE LICENSE- A State may not require that an individual purchase a State hunting license as a condition of issuing an electronic stamp under this section.CommentsClose CommentsPermalink
(f) Electronic Stamp Requirements; Recognition of Electronic Stamp-CommentsClose CommentsPermalink
(1) STAMP REQUIREMENTS- The Secretary shall require an electronic stamp issued by a State under this section--CommentsClose CommentsPermalink
(A) to have the same format as any other license, validation, or privilege the State issues under the automated licensing system of the State; andCommentsClose CommentsPermalink
(B) to specify identifying features of the licensee that are adequate to enable Federal, State, and other law enforcement officers to identify the holder.CommentsClose CommentsPermalink
(2) RECOGNITION OF ELECTRONIC STAMP- Any electronic stamp issued by a State under this section shall, during the effective period of the electronic stamp--CommentsClose CommentsPermalink
(A) bestow on the licensee the same privileges as are bestowed by an actual stamp;CommentsClose CommentsPermalink
(B) be recognized nationally as a valid Federal migratory bird hunting and conservation stamp; andCommentsClose CommentsPermalink
(C) authorize the licensee to hunt migratory waterfowl in any other State, in accordance with the laws of the other State governing that hunting.CommentsClose CommentsPermalink
(3) DURATION- An electronic stamp issued by a State shall be valid for a period agreed to by the State and the Secretary, which shall not exceed 45 days.CommentsClose CommentsPermalink
(g) Termination of State Participation- The authority of a State to issue electronic stamps under this section may be terminated--CommentsClose CommentsPermalink
(1) by the Secretary, if the Secretary--CommentsClose CommentsPermalink
(A) finds that the State has violated any of the terms of the application of the State approved by the Secretary under subsection (c); andCommentsClose CommentsPermalink
(B) provides to the State written notice of the termination by not later than the date that is 30 days before the date of termination; orCommentsClose CommentsPermalink
(2) by the State, by providing written notice to the Secretary by not later than the date that is 30 days before the termination date.CommentsClose CommentsPermalink
Subtitle C--Joint Ventures to Protect Migratory Bird PopulationsCommentsClose CommentsPermalink
Subtitle C--Joint Ventures to Protect Migratory Bird PopulationsCommentsClose CommentsPermalink
SEC. 231. PURPOSES.
The purpose of this subtitle is to authorize the Secretary of the Interior, acting through the Director, to carry out a partnership program called the ‘Joint Ventures Program’, in coordination with other Federal agencies with management authority over fish and wildlife resources and the States, to develop, implement, and support innovative, voluntary, cooperative, and effective conservation strategies and conservation actions--CommentsClose CommentsPermalink
(1) to promote, primarily, sustainable populations of migratory birds, and, secondarily, the fish and wildlife species associated with their habitats;CommentsClose CommentsPermalink
(2) to encourage stakeholder and government partnerships consistent with the goals of protecting, improving, and restoring habitat;CommentsClose CommentsPermalink
(3) to establish, implement, and improve science-based migratory bird conservation plans and promote and facilitate broader landscape-level conservation of fish and wildlife habitat; andCommentsClose CommentsPermalink
(4) to support the goals and objectives of the North American Waterfowl Management Plan and other relevant national and regional, multipartner conservation initiatives, treaties, conventions, agreements, or strategies entered into by the United States, and implemented by the Secretary, that promote the conservation of migratory birds and the habitats of migratory birds.CommentsClose CommentsPermalink
SEC. 232. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) CONSERVATION ACTION- The term ‘conservation action’ means activities that--CommentsClose CommentsPermalink
(A) support the protection, restoration, adaptive management, conservation, or enhancement of migratory bird populations, their terrestrial, wetland, marine, or other habitats, and other wildlife species supported by those habitats, including--CommentsClose CommentsPermalink
(i) biological and geospatial planning;CommentsClose CommentsPermalink
(ii) landscape and conservation design;CommentsClose CommentsPermalink
(iii) habitat protection, enhancement, and restoration;CommentsClose CommentsPermalink
(iv) monitoring and tracking;CommentsClose CommentsPermalink
(v) applied research; andCommentsClose CommentsPermalink
(vi) public outreach and education; andCommentsClose CommentsPermalink
(B) incorporate adaptive management and science-based monitoring, where applicable, to improve outcomes and ensure efficient and effective use of Federal funds.CommentsClose CommentsPermalink
(2) DIRECTOR- The term ‘Director’ means the Director of the United States Fish and Wildlife Service.CommentsClose CommentsPermalink
(3) IMPLEMENTATION PLAN- The term ‘Implementation Plan’ means an Implementation Plan approved by the Director under section 232.CommentsClose CommentsPermalink
(4) INDIAN TRIBE- The term ‘Indian tribe’ has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (
(5) JOINT VENTURE- The term ‘Joint Venture’ means a self-directed, voluntary partnership, established and conducted for the purposes described in section 231 and in accordance with section 233.CommentsClose CommentsPermalink
(6) MANAGEMENT BOARD- The term ‘Management Board’ means a Joint Venture Management Board established in accordance with section 233.CommentsClose CommentsPermalink
(7) MIGRATORY BIRDS- The term ‘migratory birds’ means those species included in the list of migratory birds that appears in section 10.13 of title 50, Code of Federal Regulations, under the authority of the Migratory Bird Treaty Act.CommentsClose CommentsPermalink
(8) PROGRAM- The term ‘Program’ means the Joint Ventures Program conducted in accordance with this subtitle.CommentsClose CommentsPermalink
(9) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(10) SERVICE- The term ‘Service’ means the United States Fish and Wildlife Service.CommentsClose CommentsPermalink
(11) STATE- The term ‘State’ means--CommentsClose CommentsPermalink
(A) any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands; andCommentsClose CommentsPermalink
(B) one or more agencies of a State government responsible under State law for managing fish or wildlife resources.CommentsClose CommentsPermalink
SEC. 233. JOINT VENTURES PROGRAM.
(a) In General- The Secretary, acting through the Director, shall carry out a Joint Ventures Program that--CommentsClose CommentsPermalink
(1) provides financial and technical assistance to support regional migratory bird conservation partnerships;CommentsClose CommentsPermalink
(2) develops and implements plans to protect and enhance migratory bird populations throughout their range, that are focused on regional landscapes and habitats that support those populations; andCommentsClose CommentsPermalink
(3) complements and supports activities by the Secretary and the Director to fulfill obligations under--CommentsClose CommentsPermalink
(A) the Migratory Bird Treaty Act (
(B) the Migratory Bird Conservation Act (
(C) the Neotropical Migratory Bird Conservation Act (
(D) the North American Wetlands Conservation Act (
(E) the Fish and Wildlife Conservation Act of 1980 (
(F) the Partners for Fish and Wildlife Act (
(b) Coordination With States- In the administration of the program authorized under this section, the Director shall coordinate and cooperate with the States to fulfill the purposes of this subtitle.CommentsClose CommentsPermalink
SEC. 234. ADMINISTRATION.
(a) Partnership Agreements-CommentsClose CommentsPermalink
(1) IN GENERAL- The Director may enter into an agreement with eligible partners to achieve the purposes described in section 231.CommentsClose CommentsPermalink
(2) ELIGIBLE PARTNERS- The eligible partners referred to in paragraph (1) are the following:CommentsClose CommentsPermalink
(A) Federal and State agencies and Indian tribes.CommentsClose CommentsPermalink
(B) Affected regional and local governments, private landowners, land managers, and other private stakeholders.CommentsClose CommentsPermalink
(C) Nongovernmental organizations with expertise in bird conservation or fish and wildlife conservation or natural resource and landscape management generally.CommentsClose CommentsPermalink
(D) Other relevant stakeholders, as determined by the Director.CommentsClose CommentsPermalink
(b) Management Board-CommentsClose CommentsPermalink
(1) IN GENERAL- A partnership agreement for a Joint Venture under this section shall establish a Management Board in accordance with this subsection.CommentsClose CommentsPermalink
(2) MEMBERSHIP- The Management Board shall include a diversity of members representing stakeholder interests from the appropriate geographic region, including, as appropriate, representatives from the Service and other Federal agencies that have management authority over fish and wildlife resources on public lands or in the marine environment, or that implement programs that affect migratory bird habitats, and representatives from the States, Indian tribes, and other relevant stakeholders, and may include--CommentsClose CommentsPermalink
(A) regional governments and Indian tribes;CommentsClose CommentsPermalink
(B) academia or the scientific community;CommentsClose CommentsPermalink
(C) nongovernmental landowners or land managers;CommentsClose CommentsPermalink
(D) nonprofit conservation or other relevant organizations with expertise in migratory bird conservation, or in fish and wildlife conservation generally; andCommentsClose CommentsPermalink
(E) private organizations with a dedicated interest in conserving migratory birds and their habitats.CommentsClose CommentsPermalink
(3) FUNCTIONS AND RESPONSIBILITIES- Subject to applicable Federal and State law, the Management Board shall--CommentsClose CommentsPermalink
(A) appoint a coordinator for the Joint Venture in consultation with the Director;CommentsClose CommentsPermalink
(B) identify other full- or part-time administrative and technical non-Federal employees necessary to perform the functions of the Joint Venture and meet objectives specified in the Implementation Plan; andCommentsClose CommentsPermalink
(C) establish committees or other organizational entities necessary to implement the Implementation Plan in accordance with subsection (c).CommentsClose CommentsPermalink
(4) USE OF SERVICE AND FEDERAL AGENCY EMPLOYEES- Subject to the availability of appropriations and upon the request from a Management Board, and after consultation with and approval of the Director, the head of any Federal agency may detail to the Management Board, on a reimbursable or nonreimbursable basis, any agency personnel to assist the Joint Venture in performing its functions under this subtitle.CommentsClose CommentsPermalink
(c) Implementation Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Each Joint Venture Management Board shall develop and maintain an Implementation Plan that shall contain, at a minimum, the following elements:CommentsClose CommentsPermalink
(A) A strategic framework for migratory bird conservation.CommentsClose CommentsPermalink
(B) Provisions for effective communication among member participants within the Joint Venture.CommentsClose CommentsPermalink
(C) A long-term strategy to conduct public outreach and education regarding the purposes and activities of the Joint Venture and activities to regularly communicate to the general public information generated by the Joint Venture.CommentsClose CommentsPermalink
(D) Coordination with laws and conservation plans that are relevant to migratory birds, and other relevant regional, national, or international initiatives identified by the Director to conserve migratory birds, their habitats, ecological functions, and associated populations of fish and wildlife.CommentsClose CommentsPermalink
(E) An organizational plan that--CommentsClose CommentsPermalink
(i) identifies the representative membership of the Management Board and includes procedures for updating the membership of the Management Board as appropriate;CommentsClose CommentsPermalink
(ii) describes the organizational structure of the Joint Venture, including proposed committees and subcommittees, and procedures for revising and updating the structure, as necessary; andCommentsClose CommentsPermalink
(iii) provides a strategy to increase stakeholder participation or membership in the Joint Venture.CommentsClose CommentsPermalink
(F) Procedures to coordinate the development, implementation, oversight, monitoring, tracking, and reporting of conservation actions approved by the Management Board and an evaluation process to determine overall effectiveness of activities undertaken by the Joint Venture.CommentsClose CommentsPermalink
(2) REVIEW- A Joint Venture Implementation Plan shall be submitted to the Director for approval.CommentsClose CommentsPermalink
(3) APPROVAL- The Director shall approve an Implementation Plan submitted by the Management Board for a Joint Venture if the Director finds that--CommentsClose CommentsPermalink
(A) implementation of the plan would promote the purposes of this subtitle described in section 231;CommentsClose CommentsPermalink
(B) the members of the Joint Venture have demonstrated the capacity to implement conservation actions identified in the Implementation Plan; andCommentsClose CommentsPermalink
(C) the plan includes coordination with other relevant and active conservation plans or programs within the geographic scope of the Joint Venture.CommentsClose CommentsPermalink
SEC. 235. GRANTS AND OTHER ASSISTANCE.
(a) In General- Except as provided in subsection (b), and subject to the availability of appropriations, the Director may award financial assistance to implement a Joint Venture through--CommentsClose CommentsPermalink
(1) support of the activities of the Management Board of the Joint Venture and to pay for necessary administrative costs and services, personnel, and meetings, travel, and other business activities; andCommentsClose CommentsPermalink
(2) support for specific conservation actions and other activities necessary to carry out the Implementation Plan.CommentsClose CommentsPermalink
(b) Limitation- A Joint Venture is not eligible for assistance or support authorized in this section unless the Joint Venture is operating under an Implementation Plan approved by the Director under section 234.CommentsClose CommentsPermalink
(c) Technical Assistance- The Secretary, through the Director, may provide technical and administrative assistance for implementation of Joint Ventures and the expenditure of financial assistance under this subsection.CommentsClose CommentsPermalink
(d) Acceptance and Use of Donations- The Secretary, through the Director, may accept and use donations of funds, gifts, and in-kind contributions to provide assistance under this section.CommentsClose CommentsPermalink
SEC. 236. REPORTING.
(a) Annual Reports by Management Boards- The Secretary, acting through the Director, shall--CommentsClose CommentsPermalink
(1) require each Management Board to submit annual reports for all approved Joint Ventures of the Management Board; andCommentsClose CommentsPermalink
(2) establish guidance for Joint Venture annual reports, including contents and any necessary processes or procedures.CommentsClose CommentsPermalink
(b) Joint Venture Program 5-Year Reviews-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary, acting through the Director, shall at 5 years after the date of enactment of this Act and at 5-year intervals thereafter, complete an objective and comprehensive review and evaluation of the Program.CommentsClose CommentsPermalink
(2) REVIEW CONTENTS- Each review under this subsection shall include--CommentsClose CommentsPermalink
(A) an evaluation of the effectiveness of the Program in meeting the purpose of this subtitle specified in section 231;CommentsClose CommentsPermalink
(B) an evaluation of all approved Implementation Plans, especially the effectiveness of existing conservation strategies, priorities, and methods to meet the objectives of such plans and fulfill the purpose of this subtitle; andCommentsClose CommentsPermalink
(C) recommendations to revise the Program or to amend or otherwise revise Implementation Plans to ensure that activities undertaken pursuant to this subtitle address the effects of climate change on migratory bird populations and their habitats, and fish and wildlife habitats, in general.CommentsClose CommentsPermalink
(3) CONSULTATION- The Secretary, acting through the Director, in the implementation of this subsection--CommentsClose CommentsPermalink
(A) shall consult with other appropriate Federal agencies with responsibility for the conservation or management of fish and wildlife habitat and appropriate State agencies; andCommentsClose CommentsPermalink
(B) may consult with appropriate, Indian tribes, Flyway Councils, or regional conservation organizations, public and private landowners, members of academia and the scientific community, and other nonprofit conservation or private stakeholders.CommentsClose CommentsPermalink
(4) PUBLIC COMMENT- The Secretary, through the Director, shall provide for adequate opportunities for general public review and comment of the Program as part of the 5-year evaluations conducted pursuant to this subsection.CommentsClose CommentsPermalink
SEC. 237. RELATIONSHIP TO OTHER AUTHORITIES.
(a) Authorities, etc. of Secretary- Nothing in this subtitle affects authorities, responsibilities, obligations, or powers of the Secretary under any other Act.CommentsClose CommentsPermalink
(b) State Authority- Nothing in this subtitle preempts any provision or enforcement of a State statute or regulation relating to the management of fish and wildlife resources within such State.CommentsClose CommentsPermalink
SEC. 238. FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any boards, committees, or other groups established under this subtitle.CommentsClose CommentsPermalink
Subtitle D--ReauthorizationsCommentsClose CommentsPermalink
Subtitle D--ReauthorizationsCommentsClose CommentsPermalink
SEC. 241. NORTH AMERICAN WETLANDS CONSERVATION ACT.
Section 7(c)(5) of the North American Wetlands Conservation Act (
SEC. 242. PARTNERS FOR FISH AND WILDLIFE ACT.
Section 5 of the Partners for Fish and Wildlife Act (
SEC. 243. NATIONAL FISH AND WILDLIFE FOUNDATION REAUTHORIZATION.
(a) Board of Directors of the Foundation-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 3 of the National Fish and Wildlife Foundation Establishment Act (
(A) in subsection (b)--CommentsClose CommentsPermalink
(i) by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink
‘(2) IN GENERAL- After consulting with the Secretary of Commerce and considering the recommendations submitted by the Board, the Secretary of the Interior shall appoint 28 Directors who, to the maximum extent practicable, shall--CommentsClose CommentsPermalink
‘(A) be knowledgeable and experienced in matters relating to conservation of fish, wildlife, or other natural resources; andCommentsClose CommentsPermalink
‘(B) represent a balance of expertise in ocean, coastal, freshwater, and terrestrial resource conservation.’; andCommentsClose CommentsPermalink
(ii) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink
‘(3) TERMS- Each Director (other than a Director described in paragraph (1)) shall be appointed for a term of 6 years.’; andCommentsClose CommentsPermalink
(B) in subsection (g)(2)--CommentsClose CommentsPermalink
(i) in subparagraph (A), by striking ‘(A) Officers and employees may not be appointed until the Foundation has sufficient funds to pay them for their service. Officers’ and inserting the following:CommentsClose CommentsPermalink
‘(A) IN GENERAL- Officers’; andCommentsClose CommentsPermalink
(ii) by striking subparagraph (B) and inserting the following:CommentsClose CommentsPermalink
‘(B) EXECUTIVE DIRECTOR- The Foundation shall have an Executive Director who shall be--CommentsClose CommentsPermalink
‘(i) appointed by, and serve at the direction of, the Board as the chief executive officer of the Foundation; andCommentsClose CommentsPermalink
‘(ii) knowledgeable and experienced in matters relating to fish and wildlife conservation.’.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Section 4(a)(1)(B) of the North American Wetlands Conservation Act (
(b) Rights and Obligations of the Foundation- Section 4 of the National Fish and Wildlife Foundation Establishment Act (
(1) in subsection (c)--CommentsClose CommentsPermalink
(A) by striking ‘(c) Powers- To carry out its purposes under’ and inserting the following:CommentsClose CommentsPermalink
‘(c) Powers-CommentsClose CommentsPermalink
‘(1) IN GENERAL- To carry out the purposes described in’;CommentsClose CommentsPermalink
(B) by redesignating paragraphs (1) through (11) as subparagraphs (A) through (K), respectively, and indenting appropriately;CommentsClose CommentsPermalink
(C) in subparagraph (D) (as redesignated by subparagraph (B)), by striking ‘that are insured by an agency or instrumentality of the United States’ and inserting ‘at 1 or more financial institutions that are members of the Federal Deposit Insurance Corporation or the Securities Investment Protection Corporation’;CommentsClose CommentsPermalink
(D) in subparagraph (E) (as redesignated by subparagraph (B)), by striking ‘paragraph (3) or (4)’ and inserting ‘subparagraph (C) or (D)’;CommentsClose CommentsPermalink
(E) in subparagraph (J) (as redesignated by subparagraph (B)), by striking ‘; and’ and inserting a semicolon;CommentsClose CommentsPermalink
(F) by striking subparagraph (K) (as redesignated by subparagraph (B)) and inserting the following:CommentsClose CommentsPermalink
‘(K) to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources; andCommentsClose CommentsPermalink
‘(L) to do any and all acts necessary and proper to carry out the purposes of the Foundation.’; andCommentsClose CommentsPermalink
(G) by striking the undesignated matter at the end and inserting the following:CommentsClose CommentsPermalink
‘(2) TREATMENT OF REAL PROPERTY-CommentsClose CommentsPermalink
‘(A) IN GENERAL- For purposes of this Act, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources.CommentsClose CommentsPermalink
‘(B) ENCUMBERED REAL PROPERTY- A gift, devise, or bequest may be accepted by the Foundation even though the gift, devise, or bequest is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Foundation.CommentsClose CommentsPermalink
‘(3) SAVINGS CLAUSE- The acceptance and administration of amounts by the Foundation under paragraph (1)(K) does not alter, supersede, or limit any regulatory or statutory requirement associated with those amounts.’;CommentsClose CommentsPermalink
(2) by striking subsections (f) and (g); andCommentsClose CommentsPermalink
(3) by redesignating subsections (h) and (i) as subsections (f) and (g), respectively.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- Section 10 of the National Fish and Wildlife Foundation Establishment Act (
(1) in subsection (a), by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink
‘(1) IN GENERAL- There are authorized to be appropriated to carry out this Act for each of fiscal years 2012 through 2017--CommentsClose CommentsPermalink
‘(A) $20,000,000 to the Secretary of the Interior;CommentsClose CommentsPermalink
‘(B) $5,000,000 to the Secretary of Agriculture; andCommentsClose CommentsPermalink
‘(C) $5,000,000 to the Secretary of Commerce.’;CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink
‘(1) AMOUNTS FROM FEDERAL AGENCIES-CommentsClose CommentsPermalink
‘(A) IN GENERAL- In addition to the amounts authorized to be appropriated under subsection (a), Federal departments, agencies, or instrumentalities may provide funds to the Foundation, subject to the condition that the amounts are used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources in accordance with this Act.CommentsClose CommentsPermalink
‘(B) ADVANCES- Federal departments, agencies, or instrumentalities may advance amounts described in subparagraph (A) to the Foundation in a lump sum without regard to when the expenses for which the amounts are used are incurred.CommentsClose CommentsPermalink
‘(C) MANAGEMENT FEES- The Foundation may assess and collect fees for the management of amounts received under this paragraph.’;CommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) in the paragraph heading, by striking ‘FUNDS’ and inserting ‘AMOUNTS’;CommentsClose CommentsPermalink
(ii) by striking ‘shall be used’ and inserting ‘may be used’; andCommentsClose CommentsPermalink
(iii) by striking ‘and State and local government agencies’ and inserting ‘, State and local government agencies, and other entities’; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(3) ADMINISTRATION OF AMOUNTS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- In entering into contracts, agreements, or other partnerships pursuant to this Act, a Federal department, agency, or instrumentality shall have discretion to waive any competitive process of that department, agency, or instrumentality for entering into contracts, agreements, or partnerships with the Foundation if the purpose of the waiver is--CommentsClose CommentsPermalink
‘(i) to address an environmental emergency resulting from a natural or other disaster; orCommentsClose CommentsPermalink
‘(ii) as determined by the head of the applicable Federal department, agency, or instrumentality, to reduce administrative expenses and expedite the conservation and management of fish, wildlife, plants, and other natural resources.CommentsClose CommentsPermalink
‘(B) REPORTS- The Foundation shall include in the annual report submitted under section 7(b) a description of any use of the authority under subparagraph (A) by a Federal department, agency, or instrumentality in that fiscal year.’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(d) Use of Gifts, Devises, or Bequests of Money or Other Property- Any gifts, devises, or bequests of amounts or other property, or any other amounts or other property, transferred to, deposited with, or otherwise in the possession of the Foundation pursuant to this Act, may be made available by the Foundation to Federal departments, agencies, or instrumentalities and may be accepted and expended (or the disposition of the amounts or property directed), without further appropriation, by those Federal departments, agencies, or instrumentalities, subject to the condition that the amounts or property be used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources.’.CommentsClose CommentsPermalink
(d) Limitation on Authority- Section 11 of the National Fish and Wildlife Foundation Establishment Act (
SEC. 244. MULTINATIONAL SPECIES CONSERVATION FUNDS SEMIPOSTAL STAMP.
Section 2(c) of the Multinational Species Conservation Funds Semipostal Stamp Act of 2010 (
(1) in paragraph (2), by striking ‘2 years’ and inserting ‘6 years’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(5) STAMP DEPICTIONS- Members of the public shall be offered a choice of 5 stamps under this Act, depicting an African elephant or an Asian elephant, a rhinoceros, a tiger, a marine turtle, and a great ape, respectively.’.CommentsClose CommentsPermalink
SEC. 245. MULTINATIONAL SPECIES CONSERVATION FUNDS REAUTHORIZATIONS.
(a) African Elephants- Section 2306(a) of the African Elephant Conservation Act (
(b) Asian Elephants- Section 8(a) of the Asian Elephant Conservation Act of 1997 (
(c) Rhinoceros and Tigers- Section 10(a) of the Rhinoceros and Tiger Conservation Act of 1994 (
(d) Great Apes- Section 6 of the Great Ape Conservation Act of 2000 (
(e) Marine Turtles- Section 7 of the Marine Turtle Conservation Act of 2004 (
SEC. 246. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT.
Section 10 of the Neotropical Migratory Bird Conservation Act (
‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
‘(a) In General- There is authorized to be appropriated to carry out this Act $6,500,000 for each of fiscal years 2012 through 2017.CommentsClose CommentsPermalink
‘(b) Use of Funds- Of the amounts made available under subsection (a) for each fiscal year, not less than 75 percent shall be expended for projects carried out at a location outside of the United States.’.CommentsClose CommentsPermalink
SEC. 247. FEDERAL LAND TRANSACTION FACILITATION ACT.
The Federal Land Transaction Facilitation Act is amended--CommentsClose CommentsPermalink
(1) in section 203(2) (
(2) in section 205 (
(A) in subsection (a), by striking ‘this Act’ and inserting ‘the Sportsmen’s Act of 2012’; andCommentsClose CommentsPermalink
(B) in subsection (d), by striking ‘11’ and inserting ‘22’;CommentsClose CommentsPermalink
(3) in section 206 (
(4) in section 207(b) (
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) by striking ‘96-568’ and inserting ‘96-586’; andCommentsClose CommentsPermalink
(ii) by striking ‘; or’ and inserting a semicolon;CommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) by inserting ‘
(ii) by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(3) the White Pine County Conservation, Recreation, and Development Act of 2006 (
Public Law 109-432 ; 120 Stat. 3028);CommentsClose CommentsPermalink‘(4) the Lincoln County Conservation, Recreation, and Development Act of 2004 (
Public Law 108-424 ; 118 Stat. 2403);CommentsClose CommentsPermalink‘(5) subtitle F of title I of the Omnibus Public Land Management Act of 2009 (
16 U.S.C. 1132 note;Public Law 111-11 );CommentsClose CommentsPermalink‘(6) subtitle O of title I of the Omnibus Public Land Management Act of 2009 (
16 U.S.C. 460www note, 1132 note;Public Law 111-11 );CommentsClose CommentsPermalink‘(7) section 2601 of the Omnibus Public Land Management Act of 2009 (
Public Law 111-11 ; 123 Stat. 1108); orCommentsClose CommentsPermalink‘(8) section 2606 of the Omnibus Public Land Management Act of 2009 (
Public Law 111-11 ; 123 Stat. 1121).’.CommentsClose CommentsPermalink
SEC. 248. NUTRIA ERADICATION AND CONTROL.
(a) Findings; Purpose- Section 2 of the Nutria Eradication and Control Act of 2003 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking ‘and in Louisiana’ and inserting ‘, the State of Louisiana, and other coastal States’;CommentsClose CommentsPermalink
(B) in paragraph (2), by striking ‘in Maryland and Louisiana on Federal, State, and private land’ and inserting ‘on Federal, State, and private land in the States of Maryland and Louisiana and in other coastal States’; andCommentsClose CommentsPermalink
(C) by striking paragraphs (3) and (4) and inserting the following:CommentsClose CommentsPermalink
‘(3) This Act authorizes the Maryland Nutria Project, which has successfully eradicated nutria from more than 130,000 acres of Chesapeake Bay wetlands in the State of Maryland and facilitated the creation of voluntary, public-private partnerships and more than 406 cooperative landowner agreements.CommentsClose CommentsPermalink
‘(4) This Act and the Coastal Wetlands Planning, Protection, and Restoration Act (
16 U.S.C. 3951 et seq.) authorize the Coastwide Nutria Control Program, which has reduced nutria-impacted wetland acres in the State of Louisiana from 80,000 acres to 23,141 acres.CommentsClose CommentsPermalink‘(5) The proven techniques developed under this Act that are eradicating nutria in the State of Maryland and reducing the acres of nutria-impacted wetlands in the State of Louisiana should be applied to nutria eradication or control programs in other nutria-infested coastal States’; andCommentsClose CommentsPermalink
(2) by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink
‘(b) Purpose- The purpose of this Act is to authorize the Secretary of the Interior to provide financial assistance to the States of Delaware, Louisiana, Maryland, North Carolina, Oregon, Virginia, and Washington to carry out activities--CommentsClose CommentsPermalink
‘(1) to eradicate or control nutria; andCommentsClose CommentsPermalink
‘(2) to restore nutria damaged wetlands.’.CommentsClose CommentsPermalink
(b) Definitions- The Nutria Eradication and Control Act of 2003 (
(1) by redesignating sections 3 and 4 as sections 4 and 5, respectively; andCommentsClose CommentsPermalink
(2) by inserting after section 2 the following:CommentsClose CommentsPermalink
‘SEC. 3. DEFINITIONS.
‘In this Act:CommentsClose CommentsPermalink
‘(1) COASTAL STATE- The term ‘coastal State’ means each of the States of Delaware, Oregon, North Carolina, Virginia, and Washington.CommentsClose CommentsPermalink
‘(2) PROGRAM- The term ‘program’ means the nutria eradication program established by section 4(a).CommentsClose CommentsPermalink
‘(3) PUBLIC-PRIVATE PARTNERSHIP- The term ‘public-private partnership’ means a voluntary, cooperative project undertaken by governmental entities or public officials and affected communities, local citizens, nongovernmental organizations, or other entities or persons in the private sector.CommentsClose CommentsPermalink
‘(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.’.CommentsClose CommentsPermalink
(c) Nutria Eradication Program- Section 4 of the Nutria Eradication and Control Act of 2003 (
Public Law 108-16 ; 117 Stat. 621) (as redesignated by subsection (b)) is amended--CommentsClose CommentsPermalink
(1) by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink
‘(a) In General- The Secretary may, subject to the availability of appropriations, provide financial assistance to the States of Maryland and Louisiana and the coastal States to implement measures--CommentsClose CommentsPermalink
‘(1) to eradicate or control nutria; andCommentsClose CommentsPermalink
‘(2) to restore wetlands damaged by nutria.’;CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraph (1), by inserting ‘the State of’ before ‘Maryland’;CommentsClose CommentsPermalink
(B) in paragraph (2), by striking ‘other States’ and inserting ‘the coastal States’; andCommentsClose CommentsPermalink
(C) in paragraph (3), by striking ‘marshland’ and inserting ‘wetlands’;CommentsClose CommentsPermalink
(3) in subsection (c)--CommentsClose CommentsPermalink
(A) by striking ‘(c) Activities’ and inserting ‘(c) Activities in the State of Maryland’; andCommentsClose CommentsPermalink
(B) by inserting ‘, and updated in March 2009’ before the period at the end;CommentsClose CommentsPermalink
(4) in subsection (e), by striking ‘financial assistance provided by the Secretary under this section’ and inserting ‘the amounts made available under subsection (f) to carry out the program’; andCommentsClose CommentsPermalink
(5) by striking subsection (f) and inserting the following:CommentsClose CommentsPermalink
‘(f) Authorization of Appropriations- Subject to subsection (e), there is authorized to be appropriated to the Secretary to carry out the program $6,000,000 for each of fiscal years 2012 through 2016, of which--CommentsClose CommentsPermalink
‘(1) $2,000,000 shall be used to provide financial assistance to the State of Maryland;CommentsClose CommentsPermalink
‘(2) $2,000,000 shall be used to provide financial assistance to the State of Louisiana; andCommentsClose CommentsPermalink
‘(3) $2,000,000 shall be used to provide financial assistance, on a competitive basis, to other coastal States.’.CommentsClose CommentsPermalink
(d) Report- Section 5 of the Nutria Eradication and Control Act of 2003 (
Public Law 108-16 ; 117 Stat. 621) (as redesignated by subsection (b)) is amended--CommentsClose CommentsPermalink
(1) in paragraph (1), by striking ‘2002 document entitled ‘Eradication Strategies for Nutria in the Chesapeake and Delaware Bay Watersheds’; and’ and inserting ‘March 2009 update of the document entitled ‘Eradication Strategies for Nutria in the Chesapeake and Delaware Bay Watersheds’ and originally dated March 2002;’;CommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) by striking ‘develop’ and inserting ‘continue’; andCommentsClose CommentsPermalink
(B) by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(3) by adding after paragraph (2) the following:CommentsClose CommentsPermalink
‘(3) develop, in cooperation with the State of Delaware Department of Natural Resources and Environmental Control, the State of Virginia Department of Game and Inland Fisheries, the State of Oregon Department of Fish and Wildlife, the State of North Carolina Department of Environment and Natural Resources, and the State of Washington Department of Fish and Wildlife, long-term nutria control or eradication programs, as appropriate, with the objective of--CommentsClose CommentsPermalink
‘(A) significantly reducing and restoring the damage nutria cause to coastal wetlands in the coastal States; andCommentsClose CommentsPermalink
‘(B) promoting voluntary, public-private partnerships to eradicate or control nutria and restoring nutria-damaged wetlands in the coastal States.’.CommentsClose CommentsPermalink
Calendar No. 504CommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 3525CommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To protect and enhance opportunities for recreational hunting, fishing, and shooting, and for other purposes.CommentsClose CommentsPermalink
September 11, 2012CommentsClose CommentsPermalink
September 11, 2012CommentsClose CommentsPermalink
Read the second time and placed on the calendarCommentsClose CommentsPermalink
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