end12802--substitute amedment for the sportsmen's act 11.13.12

7/30/2019 END12802--Substitute Amedment for the Sportsmen's Act 11.13.12

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END12802 S.L.C.

AMENDMENT NO.llll Calendar No.lll

Purpose: In the nature of a substitute.

IN THE SENATE OF THE UNITED STATES112th Cong., 2d Sess.

S. 3525

To protect and enhance opportunities for recreationalhunting, fishing, and shooting, and for other purposes..

Referred to the Committee on lllllllllland

ordered to be printed

Ordered to lie on the table and to be printed

AMENDMENT IN THE NATURE OF A SUBSTITUTE intendedto be proposed bylllllll

Viz:

Strike all after the enacting clause and insert the fol-1

lowing:2

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.3

(a) SHORT TITLE.This Act may be cited as the4

Sportsmens Act of 2012.5

(b) TABLE OF CONTENTS.The table of contents of6

this Act is as follows:7

Sec. 1. Short title; table of contents.

TITLE IHUNTING, FISHING, AND RECREATIONAL SHOOTING

Subtitle AHunting and Recreational Shooting

Sec. 101. Making public land public.

Sec. 102. Permits for importation of polar bear trophies taken in sport hunts

in Canada.

Sec. 103. Transporting bows through National Parks.

Subtitle BTarget Practice and Marksmanship Training Support


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Sec. 111. Target practice and marksmanship training.

Sec. 112. Findings; purpose.

Sec. 113. Definition of public target range.

Sec. 114. Amendments to Pittman-Robertson Wildlife Restoration Act.

Sec. 115. Sense of Congress regarding cooperation.

Subtitle CFishingSec. 121. Modification of definition of toxic substance to exclude sport fishing

equipment.

TITLE IINATIONAL FISH HABITAT

Subtitle ANational Fish Habitat

Sec. 201. Definitions.

Sec. 202. National Fish Habitat Board.

Sec. 203. Fish habitat partnerships.

Sec. 204. Fish habitat conservation projects.

Sec. 205. National Fish Habitat Conservation Partnership Office.

Sec. 206. Technical and scientific assistance.Sec. 207. Conservation of aquatic habitat for fish and other aquatic organisms

on Federal land.

Sec. 208. Coordination with States and Indian tribes.

Sec. 209. Accountability and reporting.

Sec. 210. Regulations.

Sec. 211. Effect of subtitle.

Sec. 212. Nonapplicability of Federal Advisory Committee Act.

Sec. 213. Funding.

Subtitle BDuck Stamps

Sec. 221. Findings.

Sec. 222. Cost of stamps.Sec. 223. Waivers.

Sec. 224. Permanent electronic duck stamps.

Subtitle CJoint Ventures to Protect Migratory Bird Populations

Sec. 231. Purposes.

Sec. 232. Definitions.

Sec. 233. Joint Ventures Program.

Sec. 234. Administration.

Sec. 235. Grants and other assistance.

Sec. 236. Reporting.

Sec. 237. Relationship to other authorities.

Sec. 238. Federal Advisory Committee Act.

Subtitle DReauthorizations

Sec. 241. North American Wetlands Conservation Act.

Sec. 242. Partners for Fish and Wildlife Act.

Sec. 243. National Fish and Wildlife Foundation reauthorization.

Sec. 244. Multinational Species Conservation Funds Semipostal Stamp.

Sec. 245. Multinational species conservation funds reauthorizations.

Sec. 246. Neotropical Migratory Bird Conservation Act.

Sec. 247. Federal Land Transaction Facilitation Act.

Sec. 248. Nutria eradication and control.


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TITLE IHUNTING, FISHING,1

AND RECREATIONAL SHOOTING2

Subtitle AHunting and3

Recreational Shooting4

SEC. 101. MAKING PUBLIC LAND PUBLIC.5

(a) IN GENERAL.Section 3 of the Land and Water6

Conservation Fund Act of 1965 (16 U.S.C. 460l6) is7

amended8

(1) by striking SEC. 3. APPROPRIATIONS.9

Moneys and inserting the following:10

SEC. 3. FUNDING.11

(a) IN GENERAL.Amounts; and12

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

(b) PRIORITY LIST.14

(1) IN GENERAL.Subject to the availability15

of appropriations and notwithstanding any other16

provision of this Act, the Secretary of the Interior17

and the Secretary of Agriculture shall ensure that,18

of the amounts made available for the fund for each19

fiscal year, not less than 1.5 percent of the amounts20

shall be made available for projects identified on the21

priority list developed under paragraph (2).22

(2) PRIORITY LIST.The Secretary of the In-23

terior and the Secretary of Agriculture, in consulta-24

tion with the head of each affected Federal agency,25


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shall annually develop a priority list for the sites1

under the jurisdiction of the applicable Secretary.2

(3) CRITERIA.Projects identified on the pri-3

ority list developed under paragraph (2) shall secure4

recreational public access to Federal public land in5

existence as of the date of enactment of this sub-6

section that has significantly restricted access for7

hunting, fishing, and other recreational purposes8

through rights-of-way or acquisition of land (or any9

interest in land) from willing sellers..10

(b) CONFORMINGAMENDMENTS.11

(1) LAND AND WATER CONSERVATION FUND12

ACT.The Land and Water Conservation Fund Act13

of 1965 (16 U.S.C. 460l4 et seq.) is amended14

(A) in the proviso at the end of section15

2(c)(2) (16 U.S.C. 460l5(c)(2)), by striking16

notwithstanding the provisions of section 3 of17

this Act;18

(B) in the first sentence of section 9 (1619

U.S.C. 460l10a), by striking by section 3 of20

this Act; and21

(C) in the third sentence of section 10 (1622

U.S.C. 460l10b), by striking by section 3 of23

this Act.24


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(2) FEDERAL LAND TRANSACTION FACILITA-1

TION ACT.Section 206(f)(2) of the Federal Land2

Transaction Facilitation Act (43 U.S.C. 2305(f)(2))3

is amended by striking section 3 of the Land and4

Water Conservation Fund Act (16 U.S.C. 460l6)5

and inserting the Land and Water Conservation6

Fund Act of 1965 (16 U.S.C. 460l4 et seq.).7

SEC. 102. PERMITS FOR IMPORTATION OF POLAR BEAR8

TROPHIES TAKEN IN SPORT HUNTS IN CAN-9

ADA.10

Section 104(c)(5) of the Marine Mammal Protection11

Act of 1972 (16 U.S.C. 1374(c)(5)) is amended by strik-12

ing subparagraph (D) and inserting the following:13

(D)(i) The Secretary of the Interior shall,14

expeditiously after the expiration of the applica-15

ble 30-day period under subsection (d)(2), issue16

a permit for the importation of any polar bear17

part (other than an internal organ) from a18

polar bear taken in a sport hunt in Canada to19

any person20

(I) who submits, with the permit ap-21

plication, proof that the polar bear was le-22

gally harvested by the person before Feb-23

ruary 18, 1997; or24


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(II) who has submitted, in support1

of a permit application submitted before2

May 15, 2008, proof that the polar bear3

was legally harvested by the person before4

May 15, 2008, from a polar bear popu-5

lation from which a sport-hunted trophy6

could be imported before that date in ac-7

cordance with section 18.30(i) of title 50,8

Code of Federal Regulations.9

(ii) The Secretary shall issue permits10

under clause (i)(I) without regard to subpara-11

graphs (A) and (C)(ii) of this paragraph, sub-12

section (d)(3), and sections 101 and 102. Sec-13

tions 101(a)(3)(B) and 102(b)(3) shall not14

apply to the importation of any polar bear part15

authorized by a permit issued under clause16

(i)(I). This clause shall not apply to polar bear17

parts that were imported before June 12, 1997.18

(iii) The Secretary shall issue permits19

under clause (i)(II) without regard to subpara-20

graph (C)(ii) of this paragraph or subsection21

(d)(3). Sections 101(a)(3)(B) and 102(b)(3)22

shall not apply to the importation of any polar23

bear part authorized by a permit issued under24

clause (i)(II). This clause shall not apply to25


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polar bear parts that were imported before the1

date of enactment of the Sportsmens Act of2

2012..3

SEC. 103. TRANSPORTING BOWS THROUGH NATIONAL4

PARKS.5

(a) FINDINGS.Congress finds that6

(1) bowhunters are known worldwide as among7

the most skilled, ethical, and conservation-minded of8

all hunters;9

(2) bowhunting organizations at the Federal,10

State, and local level contribute significant financial11

and human resources to wildlife conservation and12

youth education programs throughout the United13

States; and14

(3) bowhunting contributes $38,000,000,00015

each year to the economy of the United States.16

(b) POSSESSION OF BOWS IN UNITS OF NATIONAL17

PARK SYSTEM OR NATIONAL WILDLIFE REFUGE SYS-18

TEM.19

(1) IN GENERAL.Subject to paragraph (2),20

the Secretary of the Interior shall permit individuals21

carrying bows and crossbows to traverse national22

park land if the traverse is23

(A) for the sole purpose of hunting on ad-24

jacent public or private land; and25


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(B) the most direct means of access to the1

adjacent land.2

(2) USE.Nothing in this section authorizes3

the use of the bows or crossbows that are being car-4

ried while on national park land.5

Subtitle BTarget Practice and6

Marksmanship Training Support7

SEC. 111. TARGET PRACTICE AND MARKSMANSHIP TRAIN-8

ING.9

This subtitle may be cited as the Target Practice10

and Marksmanship Training Support Act.11

SEC. 112. FINDINGS; PURPOSE.12

(a) FINDINGS.Congress finds that13

(1) in recent years preceding the date of enact-14

ment of this Act, portions of Federal land have been15

closed to target practice and marksmanship training16

for many reasons;17

(2) the availability of public target ranges on18

non-Federal land has been declining for a variety of19

reasons, including continued population growth and20

development near former ranges;21

(3) providing opportunities for target practice22

and marksmanship training at public target ranges23

on Federal and non-Federal land can help24


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(A) to promote enjoyment of shooting, rec-1

reational, and hunting activities; and2

(B) to ensure safe and convenient locations3

for those activities;4

(4) Federal law in effect on the date of enact-5

ment of this Act, including the Pittman-Robertson6

Wildlife Restoration Act (16 U.S.C. 669 et seq.),7

provides Federal support for construction and ex-8

pansion of public target ranges by making available9

to States amounts that may be used for construc-10

tion, operation, and maintenance of public target11

ranges; and12

(5) it is in the public interest to provide in-13

creased Federal support to facilitate the construction14

or expansion of public target ranges.15

(b) PURPOSE.The purpose of this subtitle is to fa-16

cilitate the construction and expansion of public target17

ranges, including ranges on Federal land managed by the18

Forest Service and the Bureau of Land Management.19

SEC. 113. DEFINITION OF PUBLIC TARGET RANGE.20

In this subtitle, the term public target range means21

a specific location that22

(1) is identified by a governmental agency for23

recreational shooting;24

(2) is open to the public;25


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(3) may be supervised; and1

(4) may accommodate archery or rifle, pistol, or2

shotgun shooting.3

SEC. 114. AMENDMENTS TO PITTMAN-ROBERTSON WILD-4

LIFE RESTORATION ACT.5

(a) DEFINITIONS.Section 2 of the Pittman-Robert-6

son Wildlife Restoration Act (16 U.S.C. 669a) is amend-7

ed8

(1) by redesignating paragraphs (2) through9

(8) as paragraphs (3) through (9), respectively; and10

(2) by inserting after paragraph (1) the fol-11

lowing:12

(2) the term public target range means a13

specific location that14

(A) is identified by a governmental agen-15

cy for recreational shooting;16

(B) is open to the public;17

(C) may be supervised; and18

(D) may accommodate archery or rifle,19

pistol, or shotgun shooting;.20

(b) EXPENDITURES FOR MANAGEMENT OF WILD-21

LIFE AREAS AND RESOURCES.Section 8(b) of the Pitt-22

man-Robertson Wildlife Restoration Act (16 U.S.C.23

669g(b)) is amended24


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(1) by striking (b) Each State and inserting1

the following:2

(b) EXPENDITURES FOR MANAGEMENT OF WILD-3

LIFEAREAS AND RESOURCES.4

(1) IN GENERAL.Except as provided in para-5

graph (2), each State;6

(2) in paragraph (1) (as so designated), by7

striking construction, operation, and inserting8

operation;9

(3) in the second sentence, by striking The10

non-Federal share and inserting the following:11

(3) NON-FEDERAL SHARE.The non-Federal12

share;13

(4) in the third sentence, by striking The Sec-14

retary and inserting the following:15

(4) REGULATIONS.The Secretary; and16

(5) by inserting after paragraph (1) (as des-17

ignated by paragraph (1) of this subsection) the fol-18

lowing:19

(2) EXCEPTION.Notwithstanding the limita-20

tion described in paragraph (1), a State may use the21

funds apportioned to the State under section 4(d) to22

pay up to 90 percent of the cost of acquiring land23

for, expanding, or constructing a public target24

range..25


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(c) FIREARM AND BOW HUNTER EDUCATION AND1

SAFETY PROGRAM GRANTS.Section 10 of the Pittman-2

Robertson Wildlife Restoration Act (16 U.S.C. 669h1)3

is amended4

(1) in subsection (a), by adding at the end the5

following:6

(3) ALLOCATION OF ADDITIONAL AMOUNTS.7

Of the amount apportioned to a State for any fiscal8

year under section 4(b), the State may elect to allo-9

cate not more than 10 percent, to be combined with10

the amount apportioned to the State under para-11

graph (1) for that fiscal year, for acquiring land for,12

expanding, or constructing a public target range.;13

(2) by striking subsection (b) and inserting the14

following:15

(b) COST SHARING.16


graph (2), the Federal share of the cost of any activ-18

ity carried out using a grant under this section shall19

not exceed 75 percent of the total cost of the activ-20

ity.21

(2) PUBLIC TARGET RANGE CONSTRUCTION OR22

EXPANSION.The Federal share of the cost of ac-23

quiring land for, expanding, or constructing a public24

target range in a State on Federal or non-Federal25


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land pursuant to this section or section 8(b) shall1

not exceed 90 percent of the cost of the activity.;2

and3

(3) in subsection (c)(1)4

(A) by striking Amounts made and in-5

serting the following:6

(A) IN GENERAL.Except as provided in7

subparagraph (B), amounts made; and8

(B) by adding at the end the following:9

(B) EXCEPTION.Amounts provided for10

acquiring land for, constructing, or expanding a11

public target range shall remain available for12

expenditure and obligation during the 5-fiscal-13

year period beginning on October 1 of the first14

fiscal year for which the amounts are made15

available..16

(d) TECHNICAL AND CONFORMINGAMENDMENTS TO17

THE PITTMAN-ROBERTSON WILDLIFE RESTORATION18

ACT.19

(1) TECHNICAL AMENDMENTS.Section 4 of20

the Pittman-Robertson Wildlife Restoration Act (1621

U.S.C. 669c) is amended22

(A) by redesignating subsection (d) as sub-23

section (e); and24


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(B) by striking (c) APPORTIONMENT1

and inserting (d) APPORTIONMENT.2

(2) CONFORMING AMENDMENTS.3

(A) DEFINITIONS.Section 2(6) of the4

Pittman-Robertson Wildlife Restoration Act (165

U.S.C. 669a(6)) is amended by striking sec-6

tion 4(d) and inserting section 4(e).7

(B) AUTHORIZATION OF APPROPRIA-8

TIONS.Section 3(c)(2) of the Pittman-Robert-9

son Wildlife Restoration Act (16 U.S.C.10

669b(c)(2)) is amended by striking sections11

4(d) and (e) and inserting section 4(e).12

SEC. 115. SENSE OF CONGRESS REGARDING COOPERATION.13

It is the sense of Congress that, consistent with appli-14

cable laws (including regulations), the Chief of the Forest15

Service and the Director of the Bureau of Land Manage-16

ment should cooperate with State and local authorities and17

other entities to implement best practices for waste man-18

agement and removal and carry out other related activities19

on any Federal land used as a public target range to en-20

courage continued use of that land for target practice or21

marksmanship training.22


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Subtitle CFishing1

SEC. 121. MODIFICATION OF DEFINITION OF TOXIC SUB-2

STANCE TO EXCLUDE SPORT FISHING EQUIP-3

MENT.4

(a) IN GENERAL.Section 3(2)(B) of the Toxic Sub-5

stances Control Act (15 U.S.C. 2602(2)(B)) is amended6

(1) in clause (v), by striking , and and insert-7

ing , or any component of any such article when in-8

cluded in the article including, without limitation,9

shot, bullets and other projectiles, propellants, and10

primers,;11

(2) in clause (vi) by striking the period at the12

end and inserting , and; and13

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

(vii) any sport fishing equipment (as such15

term is defined in section 4162(a) of the Internal16

Revenue Code of 1986, without regard to para-17

graphs (6) through (9) thereof) the sale of which is18

subject to the tax imposed by section 4161(a) of19

such Code (determined without regard to any ex-20

emptions from such tax as provided by section 416221

or 4221 or any other provision of such Code), and22

sport fishing equipment components..23

(b) RELATIONSHIP TO OTHER LAW.Nothing in this24

section or any amendment made by this section affects25


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or limits the application of or obligation to comply with1

any other Federal, State or local law.2

TITLE IINATIONAL FISH3

HABITAT4

Subtitle ANational Fish Habitat5

SEC. 201. DEFINITIONS.6

In this subtitle:7

(1) APPROPRIATE CONGRESSIONAL COMMIT-8

TEES.The term appropriate congressional com-9

mittees means10

(A) the Committee on Commerce, Science,11

and Transportation and the Committee on En-12

vironment and Public Works of the Senate; and13

(B) the Committee on Natural Resources14

of the House of Representatives.15

(2) AQUATIC HABITAT.16

(A) IN GENERAL.The term aquatic17

habitat means any area on which an aquatic18

organism depends, directly or indirectly, to19

carry out the life processes of the organism, in-20

cluding an area used by the organism for21

spawning, incubation, nursery, rearing, growth22

to maturity, food supply, or migration.23


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(B) INCLUSIONS.The term aquatic1

habitat includes an area adjacent to an aquat-2

ic environment, if the adjacent area3

(i) contributes an element, such as the4

input of detrital material or the promotion5

of a planktonic or insect population pro-6

viding food, that makes fish life possible;7

(ii) protects the quality and quantity8

of water sources;9

(iii) provides public access for the use10

of fishery resources; or11

(iv) serves as a buffer protecting the12

aquatic environment.13

(3) ASSISTANT ADMINISTRATOR.The term14

Assistant Administrator means the Assistant Ad-15

ministrator for Fisheries of the National Oceanic16

and Atmospheric Administration.17

(4) BOARD.The term Board means the Na-18

tional Fish Habitat Board established by section19

202(a)(1).20

(5) CONSERVATION; CONSERVE; MANAGE; MAN-21

AGEMENT.The terms conservation, conserve,22

manage, and management mean to protect, sus-23

tain, and, where appropriate, restore and enhance,24

using methods and procedures associated with mod-25


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ern scientific resource programs (including protec-1

tion, research, census, law enforcement, habitat2

management, propagation, live trapping and trans-3

plantation, and regulated taking)4

(A) a healthy population of fish, wildlife,5

or plant life;6

(B) a habitat required to sustain fish, wild-7

life, or plant life; or8

(C) a habitat required to sustain fish, wild-9

life, or plant life productivity.10

(6) DIRECTOR.The term Director means11

the Director of the United States Fish and Wildlife12

Service.13

(7) FISH.14

(A) IN GENERAL.The term fish means15

any freshwater, diadromous, estuarine, or ma-16

rine finfish or shellfish.17

(B) INCLUSIONS.The term fish in-18

cludes the egg, spawn, spat, larval, and other19

juvenile stages of an organism described in sub-20

paragraph (A).21

(8) FISH HABITAT CONSERVATION PROJECT.22

(A) IN GENERAL.The term fish habitat23

conservation project means a project that24


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(i) is submitted to the Board by a1

Partnership and approved by the Secretary2

under section 204; and3

(ii) provides for the conservation or4

management of an aquatic habitat.5

(B) INCLUSIONS.The term fish habitat6

conservation project includes7

(i) the provision of technical assist-8

ance to a State, Indian tribe, or local com-9

munity by the National Fish Habitat Con-10

servation Partnership Office or any other11

agency to facilitate the development of12

strategies and priorities for the conserva-13

tion of aquatic habitats; or14

(ii) the obtaining of a real property15

interest in land or water, including water16

rights, in accordance with terms and condi-17

tions that ensure that the real property18

will be administered for the long-term con-19

servation of20

(I) the land or water; and21

(II) the fish dependent on the22

land or water.23

(9) INDIAN TRIBE.The term Indian tribe24

has the meaning given the term in section 4 of the25


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Indian Self-Determination and Education Assistance1

Act (25 U.S.C. 450b).2

(10) NATIONAL FISH HABITAT ACTION PLAN.3

The term National Fish Habitat Action Plan4

means the National Fish Habitat Action Plan dated5

April 24, 2006, and any subsequent revisions or6

amendments to that plan.7

(11) PARTNERSHIP.The term Partnership8

means an entity designated by the Board as a Fish9

Habitat Conservation Partnership pursuant to sec-10

tion 203(a).11

(12) REAL PROPERTY INTEREST.The term12

real property interest means an ownership interest13

in14

(A) land;15

(B) water (including water rights); or16

(C) a building or object that is perma-17

nently affixed to land.18

(13) SECRETARY.The term Secretary19

means the Secretary of the Interior.20

(14) STATE AGENCY.The term State agen-21

cy means22

(A) the fish and wildlife agency of a State;23

(B) any department or division of a de-24

partment or agency of a State that manages in25


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the public trust the inland or marine fishery re-1

sources or the habitat for those fishery re-2

sources of the State pursuant to State law or3

the constitution of the State; or4

(C) the fish and wildlife agency of the5

Commonwealth of Puerto Rico, Guam, the Vir-6

gin Islands, or any other territory or possession7

of the United States.8

SEC. 202. NATIONAL FISH HABITAT BOARD.9

(a) ESTABLISHMENT.10

(1) IN GENERAL.There is established a board,11

to be known as the National Fish Habitat12

Board13

(A) to promote, oversee, and coordinate the14

implementation of this subtitle and the National15

Fish Habitat Action Plan;16

(B) to establish national goals and prior-17

ities for aquatic habitat conservation;18

(C) to designate Partnerships; and19

(D) to review and make recommendations20

regarding fish habitat conservation projects.21

(2) MEMBERSHIP.The Board shall be com-22

posed of 27 members, of whom23

(A) 1 shall be the Director;24

(B) 1 shall be the Assistant Administrator;25


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(C) 1 shall be the Chief of the Natural Re-1

sources Conservation Service;2

(D) 1 shall be the Chief of the Forest3

Service;4

(E) 1 shall be the Assistant Administrator5

for Water of the Environmental Protection6

Agency;7

(F) 1 shall be the President of the Associa-8

tion of Fish and Wildlife Agencies;9

(G) 1 shall be the Secretary of the Board10

of Directors of the National Fish and Wildlife11

Foundation appointed pursuant to section12

3(g)(2)(B) of the National Fish and Wildlife13

Foundation Establishment Act (16 U.S.C.14

3702(g)(2)(B));15

(H) 4 shall be representatives of State16

agencies, 1 of whom shall be nominated by a re-17

gional association of fish and wildlife agencies18

from each of the Northeast, Southeast, Mid-19

west, and Western regions of the United States;20

(I) 1 shall be a representative of the Amer-21

ican Fisheries Society;22

(J) 2 shall be representatives of Indian23

tribes, of whom24


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(i) 1 shall represent Indian tribes1

from the State of Alaska; and2

(ii) 1 shall represent Indian tribes3

from the other States;4

(K) 1 shall be a representative of the Re-5

gional Fishery Management Councils estab-6

lished under section 302 of the Magnuson-Ste-7

vens Fishery Conservation and Management8

Act (16 U.S.C. 1852);9

(L) 1 shall be a representative of the Ma-10

rine Fisheries Commissions, which is composed11

of12

(i) the Atlantic States Marine Fish-13

eries Commission;14

(ii) the Gulf States Marine Fisheries15

Commission; and16

(iii) the Pacific States Marine Fish-17

eries Commission;18

(M) 1 shall be a representative of the19

Sportfishing and Boating Partnership Council;20

and21

(N) 10 shall be representatives selected22

from each of the following groups:23

(i) The recreational sportfishing in-24

dustry.25


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(ii) The commercial fishing industry.1

(iii) Marine recreational anglers.2

(iv) Freshwater recreational anglers.3

(v) Terrestrial resource conservation4

organizations.5

(vi) Aquatic resource conservation or-6

ganizations.7

(vii) The livestock and poultry produc-8

tion industry.9

(viii) The land development industry.10

(ix) The row crop industry.11

(x) Natural resource commodity inter-12

ests, such as petroleum or mineral extrac-13

tion.14

(3) COMPENSATION.A member of the Board15

shall serve without compensation.16

(4) TRAVEL EXPENSES.A member of the17

Board shall be allowed travel expenses, including per18

diem in lieu of subsistence, at rates authorized for19

an employee of an agency under subchapter I of20

chapter 57 of title 5, United States Code, while21

away from the home or regular place of business of22

the member in the performance of the duties of the23

Board.24

(b) APPOINTMENT AND TERMS.25


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(1) IN GENERAL.Except as otherwise pro-1

vided in this subsection, a member of the Board de-2

scribed in any of subparagraphs (H) through (N) of3

subsection (a)(2) shall serve for a term of 3 years.4

(2) INITIAL BOARD MEMBERSHIP.5

(A) IN GENERAL.Not later than 1806

days after the date of enactment of this Act,7

the representatives of the board established by8

the National Fish Habitat Action Plan shall ap-9

point the initial members of the Board de-10

scribed in subparagraphs (H) through (I) and11

(K) through (N) of subsection (a)(2).12

(B) TRIBAL REPRESENTATIVES.Not13

later than 180 days after the enactment of this14

Act, the Secretary shall provide to the board es-15

tablished by the National Fish Habitat Action16

Plan a recommendation of not less than 4 tribal17

representatives, from which that board shall ap-18

point 2 representatives pursuant to subpara-19

graph (J) of subsection (a)(2).20

(3) TRANSITIONAL TERMS.Of the members21

described in subsection (a)(2)(N) initially appointed22

to the Board23

(A) 4 shall be appointed for a term of 124

year;25


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(B) 4 shall be appointed for a term of 21

years; and2

(C) 3 shall be appointed for a term of 33

years.4

(4) VACANCIES.5

(A) IN GENERAL.A vacancy of a member6

of the Board described in any of subparagraphs7

(H) through (I) or (K) through (N) of sub-8

section (a)(2) shall be filled by an appointment9

made by the remaining members of the Board.10

(B) TRIBAL REPRESENTATIVES.Fol-11

lowing a vacancy of a member of the Board de-12

scribed in subparagraph (J) of subsection13

(a)(2), the Secretary shall recommend to the14

Board not less than 4 tribal representatives,15

from which the remaining members of the16

Board shall appoint a representative to fill the17

vacancy.18

(5) CONTINUATION OF SERVICE.An individual19

whose term of service as a member of the Board ex-20

pires may continue to serve on the Board until a21

successor is appointed.22

(6) REMOVAL.If a member of the Board de-23

scribed in any of subparagraphs (H) through (N) of24

subsection (a)(2) misses 3 consecutive regularly25


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scheduled Board meetings, the members of the1

Board may2

(A) vote to remove that member; and3

(B) appoint another individual in accord-4

ance with paragraph (4).5

(c) CHAIRPERSON.6

(1) IN GENERAL.The Board shall elect a7

member of the Board to serve as Chairperson of the8

Board.9

(2) TERM.The Chairperson of the Board shall10

serve for a term of 3 years.11

(d) MEETINGS.12

(1) IN GENERAL.The Board shall meet13

(A) at the call of the Chairperson; but14

(B) not less frequently than twice each cal-15

endar year.16

(2) PUBLIC ACCESS.All meetings of the17

Board shall be open to the public.18

(e) PROCEDURES.19

(1) IN GENERAL.The Board shall establish20

procedures to carry out the business of the Board,21

including22

(A) a requirement that a quorum of the23

members of the Board be present to transact24

business;25


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(B) a requirement that no recommenda-1

tions may be adopted by the Board, except by2

the vote of 23 of all members present and vot-3

ing;4

(C) procedures for establishing national5

goals and priorities for aquatic habitat con-6

servation for the purposes of this subtitle;7

(D) procedures for designating Partner-8

ships under section 203; and9

(E) procedures for reviewing, evaluating,10

and making recommendations regarding fish11

habitat conservation projects.12

(2) QUORUM.A majority of the members of13

the Board shall constitute a quorum.14

SEC. 203. FISH HABITAT PARTNERSHIPS.15

(a) AUTHORITY TO DESIGNATE.The Board may16

designate Fish Habitat Partnerships in accordance with17

this section.18

(b) PURPOSES.The purposes of a Partnership shall19

be20

(1) to coordinate the implementation of the Na-21

tional Fish Habitat Action Plan at a regional level;22

(2) to identify strategic priorities for fish habi-23

tat conservation;24


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(3) to recommend to the Board fish habitat1

conservation projects that address a strategic pri-2

ority of the Board; and3

(4) to develop and carry out fish habitat con-4

servation projects.5

(c) APPLICATIONS.An entity seeking to be des-6

ignated as a Partnership shall submit to the Board an7

application at such time, in such manner, and containing8

such information as the Board may reasonably require.9

(d) APPROVAL.The Board may approve an applica-10

tion for a Partnership submitted under subsection (c) if11

the Board determines that the applicant12

(1) includes representatives of a diverse group13

of public and private partners, including Federal,14

State, or local governments, nonprofit entities, In-15

dian tribes, and private individuals, that are focused16

on conservation of aquatic habitats to achieve results17

across jurisdictional boundaries on public and pri-18

vate land;19

(2) is organized to promote the health of impor-20

tant aquatic habitats and distinct geographical21

areas, keystone fish species, or system types, includ-22

ing reservoirs, natural lakes, coastal and marine en-23

vironments, and estuaries;24


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(3) identifies strategic fish and aquatic habitat1

priorities for the Partnership area in the form of2

geographical focus areas or key stressors or impair-3

ments to facilitate strategic planning and decision-4

making;5

(4) is able to address issues and priorities on a6

nationally significant scale;7

(5) includes a governance structure that8

(A) reflects the range of all partners; and9

(B) promotes joint strategic planning and10

decisionmaking by the applicant;11

(6) demonstrates completion of, or significant12

progress toward the development of, a strategic plan13

to address the causes of system decline in fish popu-14

lations, rather than simply treating symptoms in ac-15

cordance with the National Fish Habitat Action16

Plan; and17

(7) ensures collaboration in developing a stra-18

tegic vision and implementation program that is sci-19

entifically sound and achievable.20

SEC. 204. FISH HABITAT CONSERVATION PROJECTS.21

(a) SUBMISSION TO BOARD.Not later than March22

31 of each calendar year, each Partnership shall submit23

to the Board a list of fish habitat conservation projects24


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recommended by the Partnership for annual funding1

under this subtitle.2

(b) RECOMMENDATIONS BY BOARD.Not later than3

July 1 of each calendar year, the Board shall submit to4

the Secretary a description, including estimated costs, of5

each fish habitat conservation project that the Board rec-6

ommends that the Secretary approve and fund under this7

subtitle, in order of priority, for the following fiscal year.8

(c) CONSIDERATIONS.The Board shall select each9

fish habitat conservation project to be recommended to the10

Secretary under subsection (b)11

(1) based on a recommendation of the Partner-12

ship that is, or will be, participating actively in car-13

rying out the fish habitat conservation project; and14

(2) after taking into consideration15

(A) the extent to which the fish habitat16

conservation project fulfills a purpose of this17

subtitle or a goal of the National Fish Habitat18

Action Plan;19

(B) the extent to which the fish habitat20

conservation project addresses the national pri-21

orities established by the Board;22

(C) the availability of sufficient non-Fed-23

eral funds to match Federal contributions for24


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END12802 S.L.C.

the fish habitat conservation project, as re-1

quired by subsection (e);2

(D) the extent to which the fish habitat3

conservation project4

(i) increases fishing opportunities for5

the public;6

(ii) will be carried out through a coop-7

erative agreement among Federal, State,8

and local governments, Indian tribes, and9

private entities;10

(iii) increases public access to land or11

water;12

(iv) advances the conservation of fish13

and wildlife species that are listed, or are14

candidates to be listed, as threatened spe-15

cies or endangered species under the En-16

dangered Species Act of 1973 (16 U.S.C.17

1531 et seq.);18

(v) where appropriate, advances the19

conservation of fish and fish habitats20

under the Magnuson-Stevens Act (1621

U.S.C. 1801 et seq.) and other relevant22

Federal law and State wildlife action plans;23

and24


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END12802 S.L.C.

(vi) promotes resilience such that de-1

sired biological communities are able to2

persist and adapt to environmental3

stressors such as climate change; and4

(E) the substantiality of the character and5

design of the fish habitat conservation project.6

(d) LIMITATIONS.7

(1) REQUIREMENTS FOR EVALUATION.No8

fish habitat conservation project may be rec-9

ommended by the Board under subsection (b) or10

provided financial assistance under this subtitle un-11

less the fish habitat conservation project includes an12

evaluation plan designed13

(A) to appropriately assess the biological,14

ecological, or other results of the habitat protec-15

tion, restoration, or enhancement activities car-16

ried out using the assistance;17

(B) to reflect appropriate changes to the18

fish habitat conservation project if the assess-19

ment substantiates that the fish habitat con-20

servation project objectives are not being met;21

and22

(C) to require the submission to the Board23

of a report describing the findings of the assess-24

ment.25


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END12802 S.L.C.

(2) ACQUISITION OF REAL PROPERTY INTER-1

ESTS.2

(A) IN GENERAL.No fish habitat con-3

servation project that will result in the acquisi-4

tion by the State, local government, or other5

non-Federal entity, in whole or in part, of any6

real property interest may be recommended by7

the Board under subsection (b) or provided fi-8

nancial assistance under this subtitle unless the9

project meets the requirements of subparagraph10

(B).11

(B) REQUIREMENTS.12

(i) IN GENERAL.A real property in-13

terest may not be acquired pursuant to a14

fish habitat conservation project by a15

State, public agency, or other non-Federal16

entity unless the State, agency, or other17

non-Federal entity is obligated to under-18

take the management of the property being19

acquired in accordance with the purposes20

of this subtitle.21

(ii) ADDITIONAL CONDITIONS.Any22

real property interest acquired by a State,23

local government, or other non-Federal en-24

tity pursuant to a fish habitat conservation25


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END12802 S.L.C.

project shall be subject to terms and condi-1

tions that ensure that the interest will be2

administered for the long-term conserva-3

tion and management of the aquatic eco-4

system and the fish and wildlife dependent5

on that ecosystem.6

(e) NON-FEDERAL CONTRIBUTIONS.7


graph (2), no fish habitat conservation project may9

be recommended by the Board under subsection (b)10

or provided financial assistance under this subtitle11

unless at least 50 percent of the cost of the fish12

habitat conservation project will be funded with non-13

Federal funds.14

(2) PROJECTS ON FEDERAL LAND OR WATER.15

Notwithstanding paragraph (1), Federal funds may16

be used for payment of 100 percent of the costs of17

a fish habitat conservation project located on Fed-18

eral land or water.19

(3) NON-FEDERAL SHARE.The non-Federal20

share of the cost of a fish habitat conservation21

project22

(A) may not be derived from a Federal23

grant program; but24


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END12802 S.L.C.

(B) may include in-kind contributions and1

cash.2

(4) SPECIAL RULE FOR INDIAN TRIBES.Not-3

withstanding paragraph (1) or any other provision of4

law, any funds made available to an Indian tribe5

pursuant to this subtitle may be considered to be6

non-Federal funds for the purpose of paragraph (1).7

(f) APPROVAL.8

(1) IN GENERAL.Not later than 180 days9

after the date of receipt of the recommendations of10

the Board for fish habitat conservation projects11

under subsection (b), and based, to the maximum12

extent practicable, on the criteria described in sub-13

section (c)14

(A) the Secretary shall approve, reject, or15

reorder the priority of any fish habitat con-16

servation project recommended by the Board17

that is not within a marine or estuarine habitat;18

and19

(B) the Secretary and the Secretary of20

Commerce shall jointly approve, reject, or reor-21

der the priority of any fish habitat conservation22

project recommended by the Board that is with-23

in a marine or estuarine habitat.24


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END12802 S.L.C.

(2) FUNDING.If the Secretary, or the Sec-1

retary and the Secretary of Commerce jointly, ap-2

proves a fish habitat conservation project under3

paragraph (1), the Secretary, or the Secretary and4

the Secretary of Commerce jointly, shall use5

amounts made available to carry out this subtitle to6

provide funds to carry out the fish habitat conserva-7

tion project.8

(3) NOTIFICATION.If the Secretary, or the9

Secretary and the Secretary of Commerce jointly, re-10

jects or reorders the priority of any fish habitat con-11

servation project recommended by the Board under12

subsection (b), the Secretary, or the Secretary and13

the Secretary of Commerce jointly, shall provide to14

the Board and the appropriate Partnership a written15

statement of the reasons that the Secretary, or the16

Secretary and the Secretary of Commerce jointly, re-17

jected or modified the priority of the fish habitat18

conservation project.19

(4) LIMITATION.If the Secretary, or the Sec-20

retary and the Secretary of Commerce jointly, has21

not approved, rejected, or reordered the priority of22

the recommendations of the Board for fish habitat23

conservation projects by the date that is 180 days24


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END12802 S.L.C.

after the date of receipt of the recommendations, the1

recommendations shall be considered to be approved.2

SEC. 205. NATIONAL FISH HABITAT CONSERVATION PART-3

NERSHIP OFFICE.4

(a) ESTABLISHMENT.Not later than 1 year after5

the date of enactment of this Act, the Director shall estab-6

lish an office, to be known as the National Fish Habitat7

Conservation Partnership Office, within the United8

States Fish and Wildlife Service.9

(b) FUNCTIONS.The National Fish Habitat Con-10

servation Partnership Office shall11

(1) provide funding to support the detail of12

State and tribal fish and wildlife staff to the Office;13

(2) facilitate the cooperative development and14

approval of Partnerships;15

(3) assist the Secretary and the Board in car-16

rying out this subtitle;17

(4) assist the Secretary in carrying out the re-18

quirements of sections 206 and 208;19

(5) facilitate communication, cohesiveness, and20

efficient operations for the benefit of Partnerships21

and the Board;22

(6) facilitate, with assistance from the Director,23

the Assistant Administrator, and the President of24

the Association of Fish and Wildlife Agencies, the25


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END12802 S.L.C.

consideration of fish habitat conservation projects by1

the Board;2

(7) provide support to the Director regarding3

the development and implementation of the inter-4

agency operational plan under subsection (c);5

(8) coordinate technical and scientific reporting6

as required by section 209;7

(9) facilitate the efficient use of resources and8

activities of Federal departments and agencies to9

carry out this subtitle in an efficient manner; and10

(10) provide support to the Board for national11

communication and outreach efforts that promote12

public awareness of fish habitat conservation.13

(c) INTERAGENCY OPERATIONAL PLAN.Not later14

than 1 year after the date of enactment of this Act, and15

every 5 years thereafter, the Director, in cooperation with16

the Assistant Administrator and the heads of other appro-17

priate Federal departments and agencies, shall develop an18

interagency operational plan for the National Fish Habi-19

tat Conservation Partnership Office that describes20

(1) the functional, operational, technical, sci-21

entific, and general staff, administrative, and mate-22

rial needs of the Office; and23


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END12802 S.L.C.

(2) any interagency agreements between or1

among Federal departments and agencies to address2

those needs.3

(d) STAFF AND SUPPORT.4

(1) DEPARTMENTS OF INTERIOR AND COM-5

MERCE.The Director and the Assistant Adminis-6

trator shall each provide appropriate staff to support7

the National Fish Habitat Conservation Partnership8

Office, subject to the availability of funds under sec-9

tion 213.10

(2) STATES AND INDIAN TRIBES.Each State11

and Indian tribe is encouraged to provide staff to12

support the National Fish Habitat Conservation13

Partnership Office.14

(3) DETAILEES AND CONTRACTORS.The Na-15

tional Fish Habitat Conservation Partnership Office16

may accept staff or other administrative support17

from other entities18

(A) through interagency details; or19

(B) as contractors.20

(4) QUALIFICATIONS.The staff of the Na-21

tional Fish Habitat Conservation Partnership Office22

shall include members with education and experience23

relating to the principles of fish, wildlife, and aquat-24

ic habitat conservation.25


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END12802 S.L.C.

(5) WAIVER OF REQUIREMENT.The Secretary1

may waive all or part of the non-Federal contribu-2

tion requirement under section 204(e)(1) if the Sec-3

retary determines that4

(A) no reasonable means are available5

through which the affected applicant can meet6

the requirement; and7

(B) the probable benefit of the relevant8

fish habitat conservation project outweighs the9

public interest in meeting the requirement.10

(e) REPORTS.Not less frequently than once each11

year, the Director shall provide to the Board a report de-12

scribing the activities of the National Fish Habitat Con-13

servation Partnership Office.14

SEC. 206. TECHNICAL AND SCIENTIFIC ASSISTANCE.15

(a) IN GENERAL.The Director, the Assistant Ad-16

ministrator, and the Director of the United States Geo-17

logical Survey, in coordination with the Forest Service and18

other appropriate Federal departments and agencies, shall19

provide scientific and technical assistance to the Partner-20

ships, participants in fish habitat conservation projects,21

and the Board.22

(b) INCLUSIONS.Scientific and technical assistance23

provided pursuant to subsection (a) may include24


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END12802 S.L.C.

(1) providing technical and scientific assistance1

to States, Indian tribes, regions, local communities,2

and nongovernmental organizations in the develop-3

ment and implementation of Partnerships;4

(2) providing technical and scientific assistance5

to Partnerships for habitat assessment, strategic6

planning, and prioritization;7

(3) supporting the development and implemen-8

tation of fish habitat conservation projects that are9

identified as high priorities by Partnerships and the10

Board;11

(4) supporting and providing recommendations12

regarding the development of science-based moni-13

toring and assessment approaches for implementa-14

tion through Partnerships;15

(5) supporting and providing recommendations16

for a national fish habitat assessment; and17

(6) ensuring the availability of experts to con-18

duct scientifically based evaluation and reporting of19

the results of fish habitat conservation projects.20

SEC. 207. CONSERVATION OF AQUATIC HABITAT FOR FISH21

AND OTHER AQUATIC ORGANISMS ON FED-22

ERAL LAND.23

To the extent consistent with the mission and author-24

ity of the applicable department or agency, the head of25


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END12802 S.L.C.

each Federal department and agency responsible for ac-1

quiring, managing, or disposing of Federal land or water2

shall cooperate with the Assistant Administrator and the3

Director to conserve the aquatic habitats for fish and4

other aquatic organisms within the land and water of the5

department or agency.6

SEC. 208. COORDINATION WITH STATES AND INDIAN7

TRIBES.8

The Secretary shall provide a notice to, and coordi-9

nate with, the appropriate State agency or tribal agency,10

as applicable, of each State and Indian tribe within the11

boundaries of which an activity is planned to be carried12

out pursuant to this subtitle by not later than 30 days13

before the date on which the activity is implemented.14

SEC. 209. ACCOUNTABILITY AND REPORTING.15

(a) IMPLEMENTATION REPORTS.16

(1) IN GENERAL.Not later than 2 years after17

the date of enactment of this Act, and every 2 years18

thereafter, the Board shall submit to the appropriate19

congressional committees a report describing the im-20

plementation of21

(A) this subtitle; and22

(B) the National Fish Habitat Action23

Plan.24


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END12802 S.L.C.

(2) CONTENTS.Each report submitted under1

paragraph (1) shall include2

(A) an estimate of the number of acres,3

stream miles, or acre-feet (or other suitable4

measure) of aquatic habitat that was protected,5

restored, or enhanced under the National Fish6

Habitat Action Plan by Federal, State, or local7

governments, Indian tribes, or other entities in8

the United States during the 2-year period end-9

ing on the date of submission of the report;10

(B) a description of the public access to11

aquatic habitats protected, restored, or estab-12

lished under the National Fish Habitat Action13

Plan during that 2-year period;14

(C) a description of the opportunities for15

public fishing established under the National16

Fish Habitat Action Plan during that period;17

and18

(D) an assessment of the status of fish19

habitat conservation projects carried out with20

funds provided under this subtitle during that21

period, disaggregated by year, including22

(i) a description of the fish habitat23

conservation projects recommended by the24

Board under section 204(b);25


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END12802 S.L.C.

(ii) a description of each fish habitat1

conservation project approved by the Sec-2

retary under section 204(f), in order of3

priority for funding;4

(iii) a justification for5

(I) the approval of each fish6

habitat conservation project; and7

(II) the order of priority for8

funding of each fish habitat conserva-9

tion project;10

(iv) a justification for any rejection or11

reordering of the priority of each fish habi-12

tat conservation project recommended by13

the Board under section 204(b) that was14

based on a factor other than the criteria15

described in section 204(c); and16

(v) an accounting of expenditures by17

Federal, State, or local governments, In-18

dian tribes, or other entities to carry out19

fish habitat conservation projects.20

(b) STATUS AND TRENDS REPORT.Not later than21

December 31, 2012, and every 5 years thereafter, the22

Board shall submit to the appropriate congressional com-23

mittees a report describing the status of aquatic habitats24

in the United States.25


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END12802 S.L.C.

(c) REVISIONS.Not later than December 31, 2013,1

and every 5 years thereafter, the Board shall revise the2

goals and other elements of the National Fish Habitat Ac-3

tion Plan, after consideration of each report required by4

subsection (b).5

SEC. 210. REGULATIONS.6

The Secretary may promulgate such regulations as7

the Secretary determines to be necessary to carry out this8

subtitle.9

SEC. 211. EFFECT OF SUBTITLE.10

(a) WATER RIGHTS.Nothing in this subtitle11

(1) establishes any express or implied reserved12

water right in the United States for any purpose;13

(2) affects any water right in existence on the14

date of enactment of this Act;15

(3) preempts or affects any State water law or16

interstate compact governing water; or17

(4) affects any Federal or State law in exist-18

ence on the date of enactment of the Act regarding19

water quality or water quantity.20

(b) STATE AUTHORITY.Nothing in this subtitle21

(1) affects the authority, jurisdiction, or respon-22

sibility of a State to manage, control, or regulate23

fish and wildlife under the laws and regulations of24

the State; or25


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END12802 S.L.C.

(2) authorizes the Secretary to control or regu-1

late within a State the fishing or hunting of fish and2

wildlife.3

(c) EFFECT ON INDIAN TRIBES.Nothing in this4

subtitle abrogates, abridges, affects, modifies, supersedes,5

or alters any right of an Indian tribe recognized by treaty6

or any other means, including7

(1) an agreement between the Indian tribe and8

the United States;9

(2) Federal law (including regulations);10

(3) an Executive order; or11

(4) a judicial decree.12

(d) ADJUDICATION OF WATER RIGHTS.Nothing in13

this subtitle diminishes or affects the ability of the Sec-14

retary to join an adjudication of rights to the use of water15

pursuant to subsection (a), (b), or (c) of section 208 of16

the Department of Justice Appropriation Act, 1953 (4317

U.S.C. 666).18

(e) EFFECT ON OTHERAUTHORITIES.19

(1) ACQUISITION OF LAND AND WATER.Noth-20

ing in this subtitle alters or otherwise affects the au-21

thorities, responsibilities, obligations, or powers of22

the Secretary to acquire land, water, or an interest23

in land or water under any other provision of law.24


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END12802 S.L.C.

(2) PRIVATE PROPERTY PROTECTION.Nothing1

in this subtitle permits the use of funds made avail-2

able to carry out this subtitle to acquire real prop-3

erty or a real property interest without the written4

consent of each owner of the real property or real5

property interest.6

(3) MITIGATION.Nothing in this subtitle per-7

mits the use of funds made available to carry out8

this subtitle for fish and wildlife mitigation purposes9

under10

(A) the Federal Water Pollution Control11

Act (33 U.S.C. 1251 et seq.);12

(B) the Fish and Wildlife Coordination Act13

(16 U.S.C. 661 et seq.);14

(C) the Water Resources Development Act15

of 1986 (Public Law 99662; 100 Stat. 4082);16

or17

(D) any other Federal law or court settle-18

ment.19

SEC. 212. NONAPPLICABILITY OF FEDERAL ADVISORY COM-20

MITTEE ACT.21

The Federal Advisory Committee Act (5 U.S.C. App.)22

shall not apply to23

(1) the Board; or24

(2) any Partnership.25


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END12802 S.L.C.

SEC. 213. FUNDING.1

(a) AUTHORIZATION OFAPPROPRIATIONS.2

(1) FISH HABITAT CONSERVATION PROJECTS.3

There is authorized to be appropriated to the Sec-4

retary $7,200,000 for each of fiscal years 20125

through 2016 to provide funds for6

(A) fish habitat conservation projects ap-7

proved under section 204(f), of which 5 percent8

shall be made available for each fiscal year for9

projects carried out by Indian tribes; and10

(B) the operational needs of the Partner-11

ships, including funding for activities such as12

planning, project development and implementa-13

tion, coordination, monitoring, evaluation, com-14

munication, and outreach.15

(2) NATIONAL FISH HABITAT CONSERVATION16

PARTNERSHIP OFFICE.17

(A) IN GENERAL.There is authorized to18

be appropriated to the Secretary for each of fis-19

cal years 2012 through 2016 for the National20

Fish Habitat Conservation Partnership Office,21

and to carry out section 209, an amount equal22

to 5 percent of the amount appropriated for the23

applicable fiscal year pursuant to paragraph24

(1).25


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END12802 S.L.C.

(B) REQUIRED TRANSFERS.The Sec-1

retary shall annually transfer to other Federal2

departments and agencies such percentage of3

the amounts made available pursuant to sub-4

paragraph (A) as is required to support partici-5

pation by those departments and agencies in6

the National Fish Habitat Conservation Part-7

nership Office pursuant to the interagency8

operational plan under section 205(c).9

(3) TECHNICAL AND SCIENTIFIC ASSISTANCE.10

There are authorized to be appropriated for each of11

fiscal years 2012 through 2016 to carry out, and12

provide technical and scientific assistance under, sec-13

tion 20614

(A) $500,000 to the Secretary for use by15

the United States Fish and Wildlife Service;16

(B) $500,000 to the Assistant Adminis-17

trator for use by the National Oceanic and At-18

mospheric Administration; and19

(C) $500,000 to the Secretary for use by20

the United States Geological Survey.21

(4) PLANNING AND ADMINISTRATIVE EX-22

PENSES.There is authorized to be appropriated to23

the Secretary for each of fiscal years 2012 through24

2016 for use by the Board, the Director, and the25


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Assistant Administrator for planning and adminis-1

trative expenses an amount equal to 4 percent of the2

amount appropriated for the applicable fiscal year3

pursuant to paragraph (1).4

(b) AGREEMENTS AND GRANTS.The Secretary5

may6

(1) on the recommendation of the Board, and7

notwithstanding sections 6304 and 6305 of title 31,8

United States Code, and the Federal Financial As-9

sistance Management Improvement Act of 1999 (3110

U.S.C. 6101 note; Public Law 106107), enter into11

a grant agreement, cooperative agreement, or con-12

tract with a Partnership or other entity for a fish13

habitat conservation project or restoration or en-14

hancement project;15

(2) apply for, accept, and use a grant from any16

individual or entity to carry out the purposes of this17

subtitle; and18

(3) make funds available to any Federal depart-19

ment or agency for use by that department or agen-20

cy to provide grants for any fish habitat protection21

project, restoration project, or enhancement project22

that the Secretary determines to be consistent with23

this subtitle.24

(c) DONATIONS.25


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(1) IN GENERAL.The Secretary may1

(A) enter into an agreement with any orga-2

nization described in section 501(c)(3) of the3

Internal Revenue Code of 1986 that is exempt4

from taxation under section 501(a) of that5

Code to solicit private donations to carry out6

the purposes of this subtitle; and7

(B) accept donations of funds, property,8

and services to carry out the purposes of this9

subtitle.10

(2) TREATMENT.A donation accepted under11

this section12

(A) shall be considered to be a gift or be-13

quest to, or otherwise for the use of, the United14

States; and15

(B) may be16

(i) used directly by the Secretary; or17

(ii) provided to another Federal de-18

partment or agency through an inter-19

agency agreement.20

Subtitle BDuck Stamps21

SEC. 221. FINDINGS.22

Congress finds that23

(1) Federal Migratory Bird Hunting and Con-24

servation Stamps (commonly known as duck25


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stamps) were created in 1934 as Federal licenses1

required for hunting migratory waterfowl;2

(2)(A) duck stamps are a vital tool for wetland3

conservation;4

(B) 98 percent of the receipts from duck stamp5

sales are used to acquire important migratory bird6

breeding, migration, and wintering habitat, which7

are added to the National Wildlife Refuge System;8

and9

(C) those benefits extend to all wildlife, not just10

ducks;11

(3) since inception, the Federal duck stamp12

program13

(A) has generated more than14

$750,000,000;15

(B) has preserved more than 5,000,00016

acres of wetland and wildlife habitat; and17

(C) is considered among the most success-18

ful conservation programs ever initiated;19

(4)(A) since 1934, when duck stamps cost $1,20

the price has been increased 7 times to the price in21

effect on the date of enactment of this Act of $15,22

which took effect in 1991; and23


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(B) the price of the duck stamp has not in-1

creased since 1991, the longest single period without2

an increase in program history; and3

(5) with the price unchanged during the 20-4

year period ending on the date of enactment of this5

Act, duck stamps have lost 40 percent of the value6

of the duck stamps based on the consumer price7

index, while the United States Fish and Wildlife8

Service reports the price of land in targeted wetland9

areas has tripled from an average of $306 to $1,09110

per acre.11

SEC. 222. COST OF STAMPS.12

Section 2 of the Migratory Bird Hunting and Con-13

servation Stamp Act (16 U.S.C. 718b) is amended by14

striking subsection (b) and inserting the following:15

(b) COST OF STAMPS.16

(1) IN GENERAL.For the 3-calendar-year pe-17

riod beginning with calendar year 2013, and for18

each 3-calendar-year period thereafter, the Sec-19

retary, in consultation with the Migratory Bird Con-20

servation Commission, shall establish the amount to21

be collected under paragraph (2) for each stamp sold22

under this section.23

(2) COLLECTION OF AMOUNTS.The United24

States Postal Service, the Department of the Inte-25


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rior, or any other agent approved by the Department1

of the Interior shall collect the amount established2

under paragraph (1) for each stamp sold under this3

section for a hunting year if the Secretary deter-4

mines, at any time before February 1 of the cal-5

endar year during which the hunting year begins,6

that all amounts described in paragraph (3) have7

been obligated for expenditure.8

(3) AMOUNTS.The amounts described in this9

paragraph are amounts in the Migratory Bird Con-10

servation Fund that are available for obligation and11

attributable to12

(A) amounts appropriated pursuant to13

this Act for the fiscal year ending in the imme-14

diately preceding calendar year; and15

(B) the sale of stamps under this section16

during that fiscal year..17

SEC. 223. WAIVERS.18

Section 1(a) of the Migratory Bird Hunting and Con-19

servation Stamp Act (16 U.S.C. 718a(a)) is amended20

(1) in paragraph (1), by inserting and sub-21

section (d) after paragraph (2); and22

(2) by adding at the end the following:23

(d) WAIVERS.24


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(1) IN GENERAL.The Secretary, in consulta-1

tion with the Migratory Bird Conservation Commis-2

sion, may waive requirements under this section for3

such individuals as the Secretary, in consultation4

with the Migratory Bird Conservation Commission,5

determines to be appropriate.6

(2) LIMITATION.In making the determina-7

tion described in paragraph (1), the Secretary shall8

grant only those waivers the Secretary determines9

will have a minimal adverse effect on funds to be de-10

posited in the Migratory Bird Conservation Fund es-11

tablished under section 4(a)(3)..12

SEC. 224. PERMANENT ELECTRONIC DUCK STAMPS.13

(a) DEFINITIONS.In this section:14

(1) ACTUAL STAMP.The term actual stamp15

means a Federal migratory-bird hunting and con-16

servation stamp required under the Act of March17

16, 1934 (16 U.S.C. 718a et seq.) (popularly known18

as the Duck Stamp Act), that is printed on paper19

and sold through the means established by the au-20

thority of the Secretary immediately before the date21

of enactment of this Act.22

(2) AUTOMATED LICENSING SYSTEM.23

(A) IN GENERAL.The term automated24

licensing system means an electronic, comput-25


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erized licensing system used by a State fish and1

wildlife agency to issue hunting, fishing, and2

other associated licenses and products.3

(B) INCLUSION.The term automated li-4

censing system includes a point-of-sale, Inter-5

net, telephonic system, or other electronic appli-6

cations used for a purpose described in sub-7

paragraph (A).8

(3) ELECTRONIC STAMP.The term electronic9

stamp means an electronic version of an actual10

stamp that11

(A) is a unique identifier for the individual12

to whom it is issued;13

(B) can be printed on paper or produced14

through an electronic application with the same15

indicators as the State endorsement provides;16

(C) is issued through a State automated li-17

censing system that is authorized, under State18

law and by the Secretary under this section, to19

issue electronic stamps;20

(D) is compatible with the hunting licens-21

ing system of the State that issues the elec-22

tronic stamp; and23

(E) is described in the State application24

approved by the Secretary under subsection (c).25


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(4) SECRETARY.The term Secretary means1

the Secretary of the Interior.2

(b) AUTHORITY TO ISSUE ELECTRONIC DUCK3

STAMPS.4

(1) IN GENERAL.The Secretary may author-5

ize any State to issue electronic stamps in accord-6

ance with this section.7

(2) CONSULTATION.The Secretary shall im-8

plement this subsection in consultation with State9

management agencies.10

(c) STATEAPPLICATION.11

(1) APPROVAL OF APPLICATION REQUIRED.12

The Secretary may not authorize a State to issue13

electronic stamps under this section unless the Sec-14

retary has received and approved an application sub-15

mitted by the State in accordance with this sub-16

section.17

(2) NUMBER OF NEW STATES.The Secretary18

may determine the number of new States per year19

to participate in the electronic stamp program.20

(3) CONTENTS OF APPLICATION.The Sec-21

retary may not approve a State application unless22

the application contains23

(A) a description of the format of the elec-24

tronic stamp that the State will issue under this25


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END12802 S.L.C.

section, including identifying features of the li-1

censee that will be specified on the stamp;2

(B) a description of any fee the State will3

charge for issuance of an electronic stamp;4

(C) a description of the process the State5

will use to account for and transfer to the Sec-6

retary the amounts collected by the State that7

are required to be transferred to the Secretary8

under the program;9

(D) the manner by which the State will10

transmit electronic stamp customer data to the11

Secretary;12

(E) the manner by which actual stamps13

will be delivered;14

(F) the policies and procedures under15

which the State will issue duplicate electronic16

stamps; and17

(G) such other policies, procedures, and in-18

formation as may be reasonably required by the19

Secretary.20

(d) PUBLICATION OF DEADLINES, ELIGIBILITY RE-21

QUIREMENTS, AND SELECTION CRITERIA.Not later than22

30 days before the date on which the Secretary begins ac-23

cepting applications under this section, the Secretary shall24

publish25


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(1) deadlines for submission of applications;1

(2) eligibility requirements for submitting appli-2

cations; and3

(3) criteria for approving applications.4

(e) STATE OBLIGATIONS ANDAUTHORITIES.5

(1) DELIVERY OF ACTUAL STAMP.The Sec-6

retary shall require that each individual to whom a7

State sells an electronic stamp under this section8

shall receive an actual stamp9

(A) by not later than the date on which10

the electronic stamp expires under subsection11

(f)(3); and12

(B) in a manner agreed on by the State13

and Secretary.14

(2) COLLECTION AND TRANSFER OF ELEC-15

TRONIC STAMP REVENUE AND CUSTOMER INFORMA-16

TION.17

(A) REQUIREMENT TO TRANSMIT.The18

Secretary shall require each State authorized to19

issue electronic stamps to collect and submit to20

the Secretary in accordance with this sub-21

section22

(i) the first name, last name, and23

complete mailing address of each individual24


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that purchases an electronic stamp from1

the State;2

(ii) the face value amount of each3

electronic stamp sold by the State; and4

(iii) the amount of the Federal por-5

tion of any fee required by the agreement6

for each stamp sold.7

(B) TIME OF TRANSMITTAL.The Sec-8

retary shall require the submission under sub-9

paragraph (A) to be made with respect to sales10

of electronic stamps by a State according to the11

written agreement between the Secretary and12

the State agency.13

(C) ADDITIONAL FEES NOT AFFECTED.14

This subsection shall not apply to the State15

portion of any fee collected by a State under16

paragraph (3).17

(3) ELECTRONIC STAMP ISSUANCE FEE.A18

State authorized to issue electronic stamps may19

charge a reasonable fee to cover costs incurred by20

the State and the Department of the Interior in21

issuing electronic stamps under this section, includ-22

ing costs of delivery of actual stamps.23

(4) DUPLICATE ELECTRONIC STAMPS.A State24

authorized to issue electronic stamps may issue a25


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END12802 S.L.C.

duplicate electronic stamp to replace an electronic1

stamp issued by the State that is lost or damaged.2

(5) LIMITATION ON AUTHORITY TO REQUIRE3

PURCHASE OF STATE LICENSE.A State may not4

require that an individual purchase a State hunting5

license as a condition of issuing an electronic stamp6

under this section.7

(f) ELECTRONIC STAMP REQUIREMENTS; RECOGNI-8

TION OF ELECTRONIC STAMP.9

(1) STAMP REQUIREMENTS.The Secretary10

shall require an electronic stamp issued by a State11

under this section12

(A) to have the same format as any other13

license, validation, or privilege the State issues14

under the automated licensing system of the15

State; and16

(B) to specify identifying features of the li-17

censee that are adequate to enable Federal,18

State, and other law enforcement officers to19

identify the holder.20

(2) RECOGNITION OF ELECTRONIC STAMP.21

Any electronic stamp issued by a State under this22

section shall, during the effective period of the elec-23

tronic stamp24


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(A) bestow on the licensee the same privi-1

leges as are bestowed by an actual stamp;2

(B) be recognized nationally as a valid3

Federal migratory bird hunting and conserva-4

tion stamp; and5

(C) authorize the licensee to hunt migra-6

tory waterfowl in any other State, in accordance7

with the laws of the other State governing that8

hunting.9

(3) DURATION.An electronic stamp issued by10

a State shall be valid for a period agreed to by the11

State and the Secretary, which shall not exceed 4512

days.13

(g) TERMINATION OF STATE PARTICIPATION.The14

authority of a State to issue electronic stamps under this15

section may be terminated16

(1) by the Secretary, if the Secretary17

(A) finds that the State has violated any of18

the terms of the application of the State ap-19

proved by the Secretary under subsection (c);20

and21

(B) provides to the State written notice of22

the termination by not later than the date that23

is 30 days before the date of termination; or24


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(2) by the State, by providing written notice to1

the Secretary by not later than the date that is 302

days before the termination date.3

Subtitle CJoint Ventures to Pro-4

tect Migratory Bird Populations5

SEC. 231. PURPOSES.6

The purpose of this subtitle is to authorize the Sec-7

retary of the Interior, acting through the Director, to8

carry out a partnership program called the Joint Ven-9

tures Program, in coordination with other Federal agen-10

cies with management authority over fish and wildlife re-11

sources and the States, to develop, implement, and sup-12

port innovative, voluntary, cooperative, and effective con-13

servation strategies and conservation actions14

(1) to promote, primarily, sustainable popu-15

lations of migratory birds, and, secondarily, the fish16

and wildlife species associated with their habitats;17

(2) to encourage stakeholder and government18

partnerships consistent with the goals of protecting,19

improving, and restoring habitat;20

(3) to establish, implement, and improve21

science-based migratory bird conservation plans and22

promote and facilitate broader landscape-level con-23

servation of fish and wildlife habitat; and24


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(4) to support the goals and objectives of the1

North American Waterfowl Management Plan and2

other relevant national and regional, multipartner3

conservation initiatives, treaties, conventions, agree-4

ments, or strategies entered into by the United5

States, and implemented by the Secretary, that pro-6

mote the conservation of migratory birds and the7

habitats of migratory birds.8

SEC. 232. DEFINITIONS.9

In this subtitle:10

(1) CONSERVATION ACTION.The term con-11

servation action means activities that12

(A) support the protection, restoration,13

adaptive management, conservation, or en-14

hancement of migratory bird populations, their15

terrestrial, wetland, marine, or other habitats,16

and other wildlife species supported by those17

habitats, including18

(i) biological and geospatial planning;19

(ii) landscape and conservation de-20

sign;21

(iii) habitat protection, enhancement,22

and restoration;23

(iv) monitoring and tracking;24

(v) applied research; and25


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(vi) public outreach and education;1

and2

(B) incorporate adaptive management and3

science-based monitoring, where applicable, to4

improve outcomes and ensure efficient and ef-5

fective use of Federal funds.6

(2) DIRECTOR.The term Director means7

the Director of the United States Fish and Wildlife8

Service.9

(3) IMPLEMENTATION PLAN.The term Im-10

plementation Plan means an Implementation Plan11

approved by the Director under section 232.12

(4) INDIAN TRIBE.The term Indian tribe13

has the meaning given that term in section 4 of the14

Indian Self-Determination and Education Assistance15

Act (25 U.S.C. 450b).16

(5) JOINT VENTURE.The term Joint Ven-17

ture means a self-directed, voluntary partnership,18

established and conducted for the purposes described19

in section 231 and in accordance with section 233.20

(6) MANAGEMENT BOARD.The term Man-21

agement Board means a Joint Venture Manage-22

ment Board established in accordance with section23

233.24


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(7) MIGRATORY BIRDS.The term migratory1

birds means those species included in the list of mi-2

gratory birds that appears in section 10.13 of title3

50, Code of Federal Regulations, under the author-4

ity of the Migratory Bird Treaty Act.5

(8) PROGRAM.The term Program means6

the Joint Ventures Program conducted in accord-7

ance with this subtitle.8

(9) SECRETARY.The term Secretary means9

the Secretary of the Interior.10

(10) SERVICE.The term Service means the11

United States Fish and Wildlife Service.12

(11) STATE.The term State means13

(A) any State of the United States, the14

District of Columbia, the Commonwealth of15

Puerto Rico, Guam, the Virgin Islands, Amer-16

ican Samoa, and the Commonwealth of the17

Northern Mariana Islands; and18

(B) one or more agencies of a State gov-19

ernment responsible under State law for man-20

aging fish or wildlife resources.21

SEC. 233. JOINT VENTURES PROGRAM.22

(a) IN GENERAL.The Secretary, acting through the23

Director, shall carry out a Joint Ventures Program that24


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END12802 S.L.C.

(1) provides financial and technical assistance1

to support regional migratory bird conservation part-2

nerships;3

(2) develops and implements plans to protect4

and enhance migratory bird populations throughout5

their range, that are focused on regional landscapes6

and habitats that support those populations; and7

(3) complements and supports activities by the8

Secretary and the Director to fulfill obligations9

under10

(A) the Migratory Bird Treaty Act (1611

U.S.C. 701 et seq.);12

(B) the Migratory Bird Conservation Act13

(16 U.S.C. 715 et seq.);14

(C) the Neotropical Migratory Bird Con-15

servation Act (16 U.S.C. 6101 et seq.);16

(D) the North American Wetlands Con-17

servation Act (16 U.S.C. 4401 et seq.);18

(E) the Fish and Wildlife Conservation Act19

of 1980 (16 U.S.C. 2901 et seq.); and20

(F) the Partners for Fish and Wildlife Act21

(16 U.S.C. 3771 et seq.).22

(b) COORDINATION WITH STATES.In the adminis-23

tration of the program authorized under this section, the24


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END12802 S.L.C.

Director shall coordinate and cooperate with the States1

to fulfill the purposes of this subtitle.2

SEC. 234. ADMINISTRATION.3

(a) PARTNERSHIPAGREEMENTS.4

(1) IN GENERAL.The Director may enter into5

an agreement with eligible partners to achieve the6

purposes described in section 231.7

(2) ELIGIBLE PARTNERS.The eligible part-8

ners referred to in paragraph (1) are the following:9

(A) Federal and State agencies and Indian10

tribes.11

(B) Affected regional and local govern-12

ments, private landowners, land managers, and13

other private stakeholders.14

(C) Nongovernmental organizations with15

expertise in bird conservation or fish and wild-16

life conservation or natural resource and land-17

scape management generally.18

(D) Other relevant

end12802--substitute amedment for the sportsmen's act 11.13.12

Documents