S.Amdt. 3321

SA 3321. Mr. CARDIN submitted an amendment intended to be proposed to
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to
provide for the modernization of the energy policy of the United
States, and for other purposes; which was ordered to lie on the table;
as follows:

At the end, add the following:

TITLE VI--SPORTSMEN AND WILDLIFE

SEC. 601. TARGET PRACTICE AND MARKSMANSHIP.

(a) Purpose.--The purpose of this section 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.
(b) Definition of Public Target Range.--In this section,
the term ``public target range'' means a specific location
that--
(1) is identified by a governmental agency for recreational
shooting;
(2) is open to the public;
(3) may be supervised; and
(4) may accommodate archery or rifle, pistol, or shotgun
shooting.
(c) Amendments to Pittman-Robertson Wildlife Restoration
Act.--
(1) Definitions.--Section 2 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669a) is amended--
(A) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) the term `public target range' means a specific
location that--
``(A) is identified by a governmental agency for
recreational shooting;
``(B) is open to the public;
``(C) may be supervised; and
``(D) may accommodate archery or rifle, pistol, or shotgun
shooting;''.
(2) Expenditures for management of wildlife areas and
resources.--Section 8(b) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669g(b)) is amended--
(A) by striking ``(b) Each State'' and inserting the
following:
``(b) Expenditures for Management of Wildlife Areas and
Resources.--
``(1) In general.--Except as provided in paragraph (2),
each State'';
(B) in paragraph (1) (as so designated), by striking
``construction, operation,'' and inserting ``operation'';
(C) in the second sentence, by striking ``The non-Federal
share'' and inserting the following:
``(3) Non-federal share.--The non-Federal share'';
(D) in the third sentence, by striking ``The Secretary''
and inserting the following:
``(4) Regulations.--The Secretary''; and
(E) by inserting after paragraph (1) (as designated by
subparagraph (A)) the following:
``(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.''.
(3) Firearm and bow hunter education and safety program
grants.--Section 10 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669h-1) is amended--
(A) in subsection (a), by adding at the end the following:

[[Page S1008]]

``(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.'';
(B) by striking subsection (b) and inserting the following:
``(b) Cost Sharing.--
``(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.
``(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.'';
and
(C) in subsection (c)(1)--
(i) by striking ``Amounts made'' and inserting the
following:
``(A) In general.--Except as provided in subparagraph (B),
amounts made''; and
(ii) by adding at the end the following:
``(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.''.
(d) 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 carry out waste removal and other activities on any
Federal land used as a public target range to encourage
continued use of that land for target practice or
marksmanship training.

SEC. 602. NORTH AMERICAN WETLANDS CONSERVATION ACT.

Section 7(c) of the North American Wetlands Conservation
Act (16 U.S.C. 4406(c)) is amended--
(1) in paragraph (4), by striking ``and'';
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) $50,000,000 for each of fiscal years 2016 through
2021.''.

SEC. 603. MULTINATIONAL SPECIES CONSERVATION FUNDS
REAUTHORIZATION.

(a)  Reauthorization of African Elephant Conservation
Act.--Section 2306(a) of the African Elephant Conservation
Act (16 U.S.C. 4245(a)) is amended by striking ``2007 through
2012'' and inserting ``2016 through 2020''.
(b)  Reauthorization of Rhinoceros and Tiger Conservation
Act of 1994.--Section 10(a) of the Rhinoceros and Tiger
Conservation Act of 1994 (16 U.S.C. 5306(a)) is amended by
striking ``2007 through 2012'' and inserting ``2016 through
2020''.
(c)  Reauthorization of Asian Elephant Conservation Act of
1997.--Section 8(a) of the Asian Elephant Conservation Act of
1997 (16 U.S.C. 4266(a)) is amended by striking ``2007
through 2012'' and inserting ``2016 through 2020''.
(d) Amendment and Reauthorization of Great Ape Conservation
Act of 2000.--The Great Ape Conservation Act of 2000 is
amended as follows:
(1) Multiyear grants.--In section 4 (16 U.S.C. 6303), by
adding at the end the following new subsections:
``(j) Multiyear Grants.--
``(1) In general.--The Secretary may award a multiyear
grant under this section to a person who is otherwise
eligible for a grant under this section, to carry out a
project that the person demonstrates is an effective, long-
term conservation strategy for great apes and their habitats.
``(2) Annual grants not affected.--This subsection shall
not be construed as precluding the Secretary from awarding
grants on an annual basis.''.
(2) Panel of experts.--In section 4(i) (16 U.S.C.
6303(i))--
(A) in paragraph (1), by--
(i) striking ``Every 2 years'' and inserting ``Within one
year after the date of the enactment of the Energy Policy
Modernization Act of 2016, and every 5 years thereafter'';
(ii) striking ``may convene'' and inserting ``shall
convene'';
(iii) inserting ``and priorities'' after ``needs''; and
(iv) adding at the end the following new sentence: ``The
panel shall, to the extent practicable, include
representatives from foreign range states with expertise in
great ape conservation.''; and
(B) by redesignating paragraph (2) as paragraph (4), and
inserting after paragraph (1) the following new paragraphs:
``(2) In identifying conservation needs and priorities
under paragraph (1), the panel shall consider relevant great
ape conservation plans or strategies including scientific
research and findings related to--
``(A) the conservation needs and priorities of great apes;
``(B) regional or species-specific action plans or
strategies;
``(C) applicable strategies developed or initiated by the
Secretary; and
``(D) any other applicable conservation plan or strategy.
``(3) The Secretary, subject to the availability of
appropriations, may pay expenses of convening and
facilitating meetings of the panel.''.
(3) Administrative expenses limitation.--In section 5(b)(2)
(16 U.S.C. 6304(b)(2)), by striking ``$100,000'' and
inserting ``$150,000''.
(4) Authorization of appropriations.--In section 6 (16
U.S.C. 6305), by striking ``2006 through 2010'' and inserting
``2016 through 2020''.
(e) Amendment and Reauthorization of Marine Turtle
Conservation Act of 2004.--
(1) In general.--The Marine Turtle Conservation Act of 2004
is amended--
(A) in sections 2(b) and 3(2) (16 U.S.C. 6601(b), 6602(2)),
by inserting ``and territories of the United States'' after
``foreign countries'' each place it occurs;
(B) in section 3 (16 U.S.C. 6602) by adding at the end the
following:
``(7) Territory of the united states.--The term `territory
of the United States' means each of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and any other territory or
possession of the United States.''; and
(C) in section 4 (16 U.S.C. 6603)--
(i) in subsection (b)(1)(A), by inserting ``or territory of
the United States'' after ``foreign country''; and
(ii) in subsection (d) by inserting ``and territories of
the United States'' after ``foreign countries''.
(2) Administrative expenses limitation.--Section 5(b)(2) of
the Marine Turtle Conservation Act of 2004 (16 U.S.C.
6604(b)(2)) is amended by striking ``$80,000'' and inserting
``$150,000''.
(3) Reauthorization.--Section 7 of the Marine Turtle
Conservation Act of 2004 (16 U.S.C. 6606) is amended by
striking ``each of fiscal years 2005 through 2009'' and
inserting ``each of fiscal years 2016 through 2020''.

SEC. 604. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT
ACT.

(a) Board of Directors of the Foundation.--
(1) In general.--Section 3 of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3702) is
amended--
(A) in subsection (b)--
(i) by striking paragraph (2) and inserting the following:
``(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--
``(A) be knowledgeable and experienced in matters relating
to the conservation of fish, wildlife, or other natural
resources; and
``(B) represent a balance of expertise in ocean, coastal,
freshwater, and terrestrial resource conservation.''; and
(ii) by striking paragraph (3) and inserting the following:
``(3) Terms.--Each Director (other than a Director
described in paragraph (1)) shall be appointed for a term of
6 years.''; and
(B) in subsection (g)(2)--
(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:
``(A) In general.--Officers''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) Executive director.--The Foundation shall have an
Executive Director who shall be--
``(i) appointed by, and serve at the direction of, the
Board as the chief executive officer of the Foundation; and
``(ii) knowledgeable and experienced in matters relating to
fish and wildlife conservation.''.
(2) Conforming amendment.--Section 4(a)(1)(B) of the North
American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B))
is amended by striking ``Secretary of the Board'' and
inserting ``Executive Director of the Board''.
(b) Rights and Obligations of the Foundation.--Section 4 of
the National Fish and Wildlife Foundation Establishment Act
(16 U.S.C. 3703) is amended--
(1) in subsection (c)--
(A) by striking ``(c) Powers.--To carry out its purposes
under'' and inserting the following:
``(c) Powers.--
``(1) In general.--To carry out the purposes described
in'';
(B) by redesignating paragraphs (1) through (11) as
subparagraphs (A) through (K), respectively, and indenting
appropriately;
(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'';
(D) in subparagraph (E) (as redesignated by subparagraph
(B)), by striking ``paragraph (3) or (4)'' and inserting
``subparagraph (C) or (D)'';
(E) in subparagraph (J) (as redesignated by subparagraph
(B)), by striking ``; and'' and inserting a semicolon;
(F) by striking subparagraph (K) (as redesignated by
subparagraph (B)) and inserting the following:
``(K) to receive and administer restitution and community
service payments, amounts for mitigation of impacts to
natural resources, and other amounts arising from

[[Page S1009]]

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; and
``(L) to do acts necessary to carry out the purposes of the
Foundation.''; and
(G) by striking the undesignated matter at the end and
inserting the following:
``(2) Treatment of real property.--
``(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.
``(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.
``(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.'';
(2) by striking subsections (f) and (g); and
(3) by redesignating subsections (h) and (i) as subsections
(f) and (g), respectively.
(c) Authorization of Appropriations.--Section 10 of the
National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3709) is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) In general.--There are authorized to be appropriated
to carry out this Act for each of fiscal years 2016 through
2021--
``(A) $15,000,000 to the Secretary of the Interior;
``(B) $5,000,000 to the Secretary of Agriculture; and
``(C) $5,000,000 to the Secretary of Commerce.'';
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the following:
``(1) Amounts from federal agencies.--
``(A) In general.--In addition to the amounts authorized to
be appropriated under subsection (a), Federal departments,
agencies, or instrumentalities may provide Federal 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.
``(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.
``(C) Management fees.--The Foundation may assess and
collect fees for the management of amounts received under
this paragraph.'';
(B) in paragraph (2)--
(i) in the paragraph heading, by striking ``funds'' and
inserting ``amounts'';
(ii) by striking ``shall be used'' and inserting ``may be
used''; and
(iii) by striking ``and State and local government
agencies'' and inserting ``, State and local government
agencies, and other entities''; and
(C) by adding at the end the following:
``(3) Administration of amounts.--
``(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 applicable to the
department, agency, or instrumentality for entering into
contracts, agreements, or partnerships with the Foundation if
the purpose of the waiver is--
``(i) to address an environmental emergency resulting from
a natural or other disaster; or
``(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.
``(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.''; and
(3) by adding at the end the following:
``(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.''.
(d) Limitation on Authority.--Section 11 of the National
Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3710) is amended by inserting ``exclusive'' before
``authority''.

SEC. 605. REAUTHORIZATION OF NEOTROPICAL MIGRATORY BIRD
CONSERVATION ACT.

Section 10 of the Neotropical Migratory Bird Conservation
Act (16 U.S.C. 6109) is amended to read as follows:

``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
2016 through 2021.
``(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.''.

TITLE VII--NATIONAL FISH HABITAT CONSERVATION

SEC. 701. SHORT TITLE.

This title may be cited as the ``National Fish Habitat
Conservation Through Partnerships Act''.

SEC. 702. PURPOSE.

The purpose of this title is to encourage partnerships
among public agencies and other interested parties to promote
fish conservation--
(1) to achieve measurable habitat conservation results
through strategic actions of Fish Habitat Partnerships that
lead to better fish habitat conditions and increased fishing
opportunities by--
(A) improving ecological conditions;
(B) restoring natural processes; or
(C) preventing the decline of intact and healthy systems;
(2) to establish a consensus set of national conservation
strategies as a framework to guide future actions and
investment by Fish Habitat Partnerships;
(3) to broaden the community of support for fish habitat
conservation by--
(A) increasing fishing opportunities;
(B) fostering the participation of local communities,
especially young people in local communities, in conservation
activities; and
(C) raising public awareness of the role healthy fish
habitat play in the quality of life and economic well-being
of local communities;
(4) to fill gaps in the National Fish Habitat Assessment
and the associated database of the National Fish Habitat
Assessment--
(A) to empower strategic conservation actions supported by
broadly available scientific information; and
(B) to integrate socioeconomic data in the analysis to
improve the lives of humans in a manner consistent with fish
habitat conservation goals; and
(5) to communicate to the public and conservation
partners--
(A) the conservation outcomes produced collectively by Fish
Habitat Partnerships; and
(B) new opportunities and voluntary approaches for
conserving fish habitat.

SEC. 703. DEFINITIONS.

In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and Transportation
and the Committee on Environment and Public Works of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Board.--The term ``Board'' means the National Fish
Habitat Board established by section 704(a)(1).
(3) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(4) Epa assistant administrator.--The term ``EPA Assistant
Administrator'' means the Assistant Administrator for Water
of the Environmental Protection Agency.
(5) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(6) NOAA assistant administrator.--The term ``NOAA
Assistant Administrator'' means the Assistant Administrator
for Fisheries of the National Oceanic and Atmospheric
Administration.
(7) Partnership.--The term ``Partnership'' means a self-
governed entity designated by the Board as a Fish Habitat
Conservation Partnership pursuant to section 705(a).
(8) Real property interest.--The term ``real property
interest'' means an ownership interest in--
(A) land; or
(B) water (including water rights).
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(10) State.--The term ``State'' means each of the several
States.
(11) State agency.--The term ``State agency'' means--
(A) the fish and wildlife agency of a State; and
(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 sustains the habitat for those fishery
resources of the State pursuant to State law or the
constitution of the State.

SEC. 704. NATIONAL FISH HABITAT BOARD.

(a) Establishment.--
(1) Fish habitat board.--There is established a board, to
be known as the ``National Fish Habitat Board'', whose duties
are--
(A) to promote, oversee, and coordinate the implementation
of this title;
(B) to establish national goals and priorities for fish
habitat conservation;

[[Page S1010]]

(C) to approve Partnerships; and
(D) to review and make recommendations regarding fish
habitat conservation projects.
(2) Membership.--The Board shall be composed of 25 members,
of whom--
(A) 1 shall be a representative of the Department of the
Interior;
(B) 1 shall be a representative of the United States
Geological Survey;
(C) 1 shall be a representative of the Department of
Commerce;
(D) 1 shall be a representative of the Department of
Agriculture;
(E) 1 shall be a representative of the Association of Fish
and Wildlife Agencies;
(F) 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;
(G) 1 shall be a representative of either--
(i) Indian tribes in the State of Alaska; or
(ii) Indian tribes in States other than the State of
Alaska;
(H) 1 shall be a representative of either--
(i) the Regional Fishery Management Councils established
under section 302 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852); or
(ii) a representative of the Marine Fisheries Commissions,
which is composed of--

(I) the Atlantic States Marine Fisheries Commission;
(II) the Gulf States Marine Fisheries Commission; and
(III) the Pacific States Marine Fisheries Commission;

(I) 1 shall be a representative of the Sportfishing and
Boating Partnership Council;
(J) 7 shall be representatives selected from each of--
(i) the recreational sportfishing industry;
(ii) the commercial fishing industry;
(iii) marine recreational anglers;
(iv) freshwater recreational anglers;
(v) habitat conservation organizations; and
(vi) science-based fishery organizations;
(K) 1 shall be a representative of a national private
landowner organization;
(L) 1 shall be a representative of an agricultural
production organization;
(M) 1 shall be a representative of local government
interests involved in fish habitat restoration;
(N) 2 shall be representatives from different sectors of
corporate industries, which may include--
(i) natural resource commodity interests, such as petroleum
or mineral extraction;
(ii) natural resource user industries; and
(iii) industries with an interest in fish and fish habitat
conservation; and
(O) 1 shall be a leadership private sector or landowner
representative of an active partnership.
(3) Compensation.--A member of the Board shall serve
without compensation.
(4) Travel expenses.--A member of the Board may 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.
(b) Appointment and Terms.--
(1) In general.--Except as otherwise provided in this
subsection, a member of the Board described in any of
subparagraphs (F) through (N) of subsection (a)(2) shall
serve for a term of 3 years.
(2) Initial board membership.--
(A) In general.--The initial Board will consist of
representatives as described in subparagraphs (A) through (F)
of subsection (a)(2).
(B) Remaining members.--Not later than 60 days after the
date of enactment of this Act, the representatives of the
initial Board pursuant to subparagraph (A) shall appoint the
remaining members of the Board described in subparagraphs (H)
through (N) of subsection (a)(2).
(C) Tribal representatives.--Not later than 60 days after
the enactment of this Act, the Secretary shall provide to the
Board a recommendation of not fewer than 3 tribal
representatives, from which the Board shall appoint 1
representative pursuant to subparagraph (G) of subsection
(a)(2).
(3) Transitional terms.--Of the members described in
subsection (a)(2)(J) initially appointed to the Board--
(A) 2 shall be appointed for a term of 1 year;
(B) 2 shall be appointed for a term of 2 years; and
(C) 3 shall be appointed for a term of 3 years.
(4) Vacancies.--
(A) In general.--A vacancy of a member of the Board
described in any of subparagraphs (H) through (N) of
subsection (a)(2) shall be filled by an appointment made by
the remaining members of the Board.
(B) Tribal representatives.--Following a vacancy of a
member of the Board described in subparagraph (G) of
subsection (a)(2), the Secretary shall recommend to the Board
a list of not fewer than 3 tribal representatives, from which
the remaining members of the Board shall appoint a
representative to fill the vacancy.
(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.
(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--
(A) vote to remove that member; and
(B) appoint another individual in accordance with paragraph
(4).
(c) Chairperson.--
(1) In general.--The representative of the Association of
Fish and Wildlife Agencies appointed pursuant to subsection
(a)(2)(E) shall serve as Chairperson of the Board.
(2) Term.--The Chairperson of the Board shall serve for a
term of 3 years.
(d) Meetings.--
(1) In general.--The Board shall meet--
(A) at the call of the Chairperson; but
(B) not less frequently than twice each calendar year.
(2) Public access.--All meetings of the Board shall be open
to the public.
(e) Procedures.--
(1) In general.--The Board shall establish procedures to
carry out the business of the Board, including--
(A) a requirement that a quorum of the members of the Board
be present to transact business;
(B) a requirement that no recommendations may be adopted by
the Board, except by the vote of \2/3\ of all members;
(C) procedures for establishing national goals and
priorities for fish habitat conservation for the purposes of
this title;
(D) procedures for designating Partnerships under section
705; and
(E) procedures for reviewing, evaluating, and making
recommendations regarding fish habitat conservation projects.
(2) Quorum.--A majority of the members of the Board shall
constitute a quorum.

SEC. 705. FISH HABITAT PARTNERSHIPS.

(a) Authority To Approve.--The Board may approve and
designate Fish Habitat Partnerships in accordance with this
section.
(b) Purposes.--The purposes of a Partnership shall be--
(1) to work with other regional habitat conservation
programs to promote cooperation and coordination to enhance
fish and fish habitats;
(2) to engage local and regional communities to build
support for fish habitat conservation;
(3) to involve diverse groups of public and private
partners;
(4) to develop collaboratively a strategic vision and
achievable implementation plan that is scientifically sound;
(5) to leverage funding from sources that support local and
regional partnerships;
(6) to use adaptive management principles, including
evaluation of project success and functionality;
(7) to develop appropriate local or regional habitat
evaluation and assessment measures and criteria that are
compatible with national habitat condition measures; and
(8) to implement local and regional priority projects that
improve conditions for fish and fish habitat.
(c) Criteria for Approval.--An entity seeking to be
designated as a Partnership shall--
(1) submit to the Board an application at such time, in
such manner, and containing such information as the Board may
reasonably require; and
(2) demonstrate to the Board that the entity has--
(A) a focus on promoting the health of important fish and
fish habitats;
(B) an ability to coordinate the implementation of priority
projects that support the goals and national priorities set
by the Board that are within the Partnership boundary;
(C) a self-governance structure that supports the
implementation of strategic priorities for fish habitat;
(D) the ability to develop local and regional relationships
with a broad range of entities to further strategic
priorities for fish and fish habitat;
(E) a strategic plan that details required investments for
fish habitat conservation that addresses the strategic fish
habitat priorities of the Partnership and supports and meets
the strategic priorities of the Board;
(F) the ability to develop and implement fish habitat
conservation projects that address strategic priorities of
the Partnership and the Board; and
(G) the ability to develop fish habitat conservation
priorities based on sound science and data, the ability to
measure the effectiveness of fish habitat projects of the
Partnership, and a clear plan as to how Partnership science
and data components will be integrated with the overall Board
science and data effort.
(d) Approval.--The Board may approve an application for a
Partnership submitted under subsection (c) if the Board
determines that the applicant--
(1) identifies representatives to provide support and
technical assistance to the Partnership from a diverse group
of public and private partners, which may include State or
local governments, nonprofit entities, Indian tribes, and
private individuals, that are focused on conservation of fish
habitats to achieve results across jurisdictional boundaries
on public and private land;
(2) is organized to promote the health of important fish
species and important fish habitats, including reservoirs,
natural lakes, coastal and marine environments, and
estuaries;

[[Page S1011]]

(3) identifies strategic fish and fish habitat priorities
for the Partnership area in the form of geographical focus
areas or key stressors or impairments to facilitate strategic
planning and decisionmaking;
(4) is able to address issues and priorities on a
nationally significant scale;
(5) includes a governance structure that--
(A) reflects the range of all partners; and
(B) promotes joint strategic planning and decisionmaking by
the applicant;
(6) demonstrates completion of, or significant progress
toward the development of, a strategic plan to address the
decline in fish populations, rather than simply treating
symptoms, in accordance with the goals and national
priorities established by the Board; and
(7) promotes collaboration in developing a strategic vision
and implementation program that is scientifically sound and
achievable.

SEC. 706. 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 priority fish habitat conservation projects
recommended by the Partnership for annual funding under this
title.
(b) Recommendations by Board.--Not later than July 1 of
each calendar year, the Board shall submit to the Secretary a
priority list of fish habitat conservation projects that
includes the description, including estimated costs, of each
project that the Board recommends that the Secretary approve
and fund under this title for the following fiscal year.
(c) Criteria for Project Selection.--The Board shall select
each fish habitat conservation project to be recommended to
the Secretary under subsection (b) after taking into
consideration, at a minimum, the following information:
(1) A recommendation of the Partnership that is, or will
be, participating actively in implementing the fish habitat
conservation project.
(2) The capabilities and experience of project proponents
to implement successfully the proposed project.
(3) The extent to which the fish habitat conservation
project --
(A) fulfills a local or regional priority that is directly
linked to the strategic plan of the Partnership and is
consistent with the purpose of this title;
(B) addresses the national priorities established by the
Board;
(C) is supported by the findings of the Habitat Assessment
of the Partnership or the Board, and aligns or is compatible
with other conservation plans;
(D) identifies appropriate monitoring and evaluation
measures and criteria that are compatible with national
measures;
(E) provides a well-defined budget linked to deliverables
and outcomes;
(F) leverages other funds to implement the project;
(G) addresses the causes and processes behind the decline
of fish or fish habitats; and
(H) includes an outreach or education component that
includes the local or regional community.
(4) The availability of sufficient non-Federal funds to
match Federal contributions for the fish habitat conservation
project, as required by subsection (e);
(5) The extent to which the local or regional fish habitat
conservation project--
(A) will increase fish populations in a manner that leads
to recreational fishing opportunities for the public;
(B) will be carried out through a cooperative agreement
among Federal, State, and local governments, Indian tribes,
and private entities;
(C) increases public access to land or water for fish and
wildlife-dependent recreational opportunities;
(D) advances the conservation of fish and wildlife species
that have been identified by the States as species of
greatest conservation need;
(E) where appropriate, advances the conservation of fish
and fish habitats under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) and
other relevant Federal law and State wildlife action plans;
and
(F) promotes strong and healthy fish habitats so that
desired biological communities are able to persist and adapt.
(6) The substantiality of the character and design of the
fish habitat conservation project.
(d) Limitations.--
(1) Requirements for evaluation.--No fish habitat
conservation project may be recommended by the Board under
subsection (b) or provided financial assistance under this
title unless the fish habitat conservation project includes
an evaluation plan designed using applicable Board guidance--
(A) to appropriately assess the biological, ecological, or
other results of the habitat protection, restoration, or
enhancement activities carried out using the assistance;
(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;
(C) to identify improvements to existing fish populations,
recreational fishing opportunities and the overall economic
benefits for the local community of the fish habitat
conservation project; and
(D) to require the submission to the Board of a report
describing the findings of the assessment.
(2) Acquisition authorities.--
(A) In general.--A State, local government, or other non-
Federal entity is eligible to receive funds for the
acquisition of real property from willing sellers under this
title if the acquisition ensures 1 of--
(i) public access for compatible fish and wildlife-
dependent recreation; or
(ii) a scientifically based, direct enhancement to the
health of fish and fish populations, as determined by the
Board.
(B) State agency approval.--
(i) In general.--All real property interest acquisition
projects funded under this title are required to be approved
by the State agency in the State in which the project is
occurring.
(ii) Prohibition.--The Board may not recommend, and the
Secretary may not provide any funding for, any real property
interest acquisition that has not been approved by the State
agency.
(C) Assessment of other authorities.--The Fish Habitat
Partnership shall conduct a project assessment, submitted
with the funding request and approved by the Board, to
demonstrate all other Federal, State, and local authorities
for the acquisition of real property have been exhausted.
(D) Restrictions.--A real property interest may not be
acquired pursuant to a fish habitat conservation project by a
State, local government, or other non-Federal entity,
unless--
(i) the owner of the real property authorizes the State,
local government, or other non-Federal entity to acquire the
real property; and
(ii) the Secretary and the Board determine that the State,
local government, or other non-Federal entity would benefit
from undertaking the management of the real property being
acquired because that is in accordance with the goals of a
partnership.
(e) Non-Federal Contributions.--
(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 title unless at least 50 percent of the cost of
the fish habitat conservation project will be funded with
non-Federal funds.
(2) Non-federal share.--The non-Federal share of the cost
of a fish habitat conservation project--
(A) may not be derived from another Federal grant program;
but
(B) may include in-kind contributions and cash.
(3) 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 title may be
considered to be non-Federal funds for the purpose of
paragraph (1).
(f) Approval.--
(1) In general.--Not later than 90 days after the date of
receipt of the recommended priority list of fish habitat
conservation projects under subsection (b), subject to the
limitations of subsection (d), and based, to the maximum
extent practicable, on the criteria described in subsection
(c), the Secretary, after consulting with the Secretary of
Commerce on marine or estuarine projects, shall approve or
reject any fish habitat conservation project recommended by
the Board.
(2) Funding.--If the Secretary approves a fish habitat
conservation project under paragraph (1), the Secretary shall
use amounts made available to carry out this title to provide
funds to carry out the fish habitat conservation project.
(3) Notification.--If the Secretary rejects any fish
habitat conservation project recommended by the Board under
subsection (b), not later than 180 days after the date of
receipt of the recommendation, the Secretary shall provide to
the Board, the appropriate Partnership, and the appropriate
congressional committees a written statement of the reasons
that the Secretary rejected the fish habitat conservation
project.

SEC. 707. TECHNICAL AND SCIENTIFIC ASSISTANCE.

(a) In General.--The Director, the NOAA Assistant
Administrator, the EPA Assistant Administrator, and the
Director of the United States Geological Survey, in
coordination with the Forest Service and other appropriate
Federal departments and agencies, may provide scientific and
technical assistance to the Partnerships, participants in
fish habitat conservation projects, and the Board.
(b) Inclusions.--Scientific and technical assistance
provided pursuant to subsection (a) may include--
(1) providing technical and scientific assistance to
States, Indian tribes, regions, local communities, and
nongovernmental organizations in the development and
implementation of Partnerships;
(2) providing technical and scientific assistance to
Partnerships for habitat assessment, strategic planning, and
prioritization;
(3) supporting the development and implementation of fish
habitat conservation projects that are identified as high
priorities by Partnerships and the Board;
(4) supporting and providing recommendations regarding the
development of science-based monitoring and assessment
approaches for implementation through Partnerships;
(5) supporting and providing recommendations for a national
fish habitat assessment;
(6) ensuring the availability of experts to assist in
conducting scientifically based

[[Page S1012]]

evaluation and reporting of the results of fish habitat
conservation projects; and
(7) providing resources to secure state agency scientific
and technical assistance to support Partnerships,
participants in fish habitat conservation projects, and the
Board.

SEC. 708. COORDINATION WITH STATES AND INDIAN TRIBES.

The Secretary shall provide a notice to, and cooperate
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 title, including notification, by not later
than 30 days before the date on which the activity is
implemented.

SEC. 709. 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 NOAA Assistant Administrator, the EPA
Assistant Administrator, the Director of the United States
Geological Survey, and the heads of other appropriate Federal
departments and agencies (including at a minimum, those
agencies represented on the Board) shall develop an
interagency operational plan that describes--
(1) the functional, operational, technical, scientific, and
general staff, administrative, and material needs for the
implementation of this title; and
(2) any interagency agreements between or among Federal
departments and agencies to address those needs.

SEC. 710. ACCOUNTABILITY AND REPORTING.

(a) Reporting.--
(1) In general.--Not later than 5 years after the date of
enactment of this Act, and every 5 years thereafter, the
Board shall submit to the appropriate congressional
committees a report describing the progress of this title.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) an estimate of the number of acres, stream miles, or
acre-feet, or other suitable measures of fish habitat, that
was maintained or improved by partnerships of Federal, State,
or local governments, Indian tribes, or other entities in the
United States during the 5-year period ending on the date of
submission of the report;
(B) a description of the public access to fish habitats
established or improved during that 5-year period;
(C) a description of the improved opportunities for public
recreational fishing; and
(D) an assessment of the status of fish habitat
conservation projects carried out with funds provided under
this title during that period, disaggregated by year,
including--
(i) a description of the fish habitat conservation projects
recommended by the Board under section 706(b);
(ii) a description of each fish habitat conservation
project approved by the Secretary under section 706(f), in
order of priority for funding;
(iii) a justification for--

(I) the approval of each fish habitat conservation project;
and
(II) the order of priority for funding of each fish habitat
conservation project;

(iv) a justification for any rejection of a fish habitat
conservation project recommended by the Board under section
706(b) that was based on a factor other than the criteria
described in section 706(c); and
(v) an accounting of expenditures by Federal, State, or
local governments, Indian tribes, or other entities to carry
out fish habitat conservation projects.
(b) Status and Trends Report.--Not later than December 31,
2016, and every 5 years thereafter, the Board shall submit to
the appropriate congressional committees a report that
includes--
(1) a status of all Partnerships approved under this title;
(2) a description of the status of fish habitats in the
United States as identified by established Partnerships; and
(3) enhancements or reductions in public access as a result
of--
(A) the activities of the Partnerships; or
(B) any other activities carried out pursuant to this
title.
(c) Revisions.--Not later than December 31, 2016, and every
5 years thereafter, the Board shall consider revising the
goals of the Board, after consideration of each report
required by subsection (b).

SEC. 711. EFFECT OF TITLE.

(a) Water Rights.--Nothing in this title--
(1) establishes any express or implied reserved water right
in the United States for any purpose;
(2) affects any water right in existence on the date of
enactment of this Act;
(3) preempts or affects any State water law or interstate
compact governing water; or
(4) affects any Federal or State law in existence on the
date of enactment of the Act regarding water quality or water
quantity.
(b) Authority To Acquire Water Rights or Rights to
Property.--Under this title, only a State, local government,
or other non-Federal entity may acquire, under State law,
water rights or rights to property.
(c) State Authority.--Nothing in this title--
(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; or
(2) authorizes the Secretary to control or regulate within
a State the fishing or hunting of fish and wildlife.
(d) Effect on Indian Tribes.--Nothing in this title
abrogates, abridges, affects, modifies, supersedes, or alters
any right of an Indian tribe recognized by treaty or any
other means, including--
(1) an agreement between the Indian tribe and the United
States;
(2) Federal law (including regulations);
(3) an Executive order; or
(4) a judicial decree.
(e) Adjudication of Water Rights.--Nothing in this title
diminishes or affects the ability of the Secretary to join an
adjudication of rights to the use of water pursuant to
subsection (a), (b), or (c) of section 208 of the Department
of Justice Appropriation Act, 1953 (43 U.S.C. 666).
(f) Department of Commerce Authority.--Nothing in this
title affects the authority, jurisdiction, or responsibility
of the Department of Commerce to manage, control, or regulate
fish or fish habitats under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
(g) Effect on Other Authorities.--
(1) Private property protection.--Nothing in this title
permits the use of funds made available to carry out this
title to acquire real property or a real property interest
without the written consent of each owner of the real
property or real property interest.
(2) Mitigation.--Nothing in this title permits the use of
funds made available to carry out this title for fish and
wildlife mitigation purposes under--
(A) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(B) the Fish and Wildlife Coordination Act (16 U.S.C. 661
et seq.);
(C) the Water Resources Development Act of 1986 (Public Law
99-662; 100 Stat. 4082); or
(D) any other Federal law or court settlement.
(3) Clean water act.--Nothing in this title affects any
provision of the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), including any definition in that Act.

SEC. 712. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to--
(1) the Board; or
(2) any Partnership.

SEC. 713. FUNDING.

(a) Authorization of Appropriations.--
(1) Fish habitat conservation projects.--There is
authorized to be appropriated to the Secretary $7,200,000 for
each of fiscal years 2016 through 2021 to provide funds for
fish habitat conservation projects approved under section
706(f), of which 5 percent shall be made available for each
fiscal year for projects carried out by Indian tribes.
(2) Administrative and planning expenses.--There is
authorized to be appropriated to the Secretary for each of
fiscal years 2016 through 2021 an amount equal to 5 percent
of the amount appropriated for the applicable fiscal year
pursuant to paragraph (1)--
(A) for administrative and planning expenses; and
(B) to carry out section 210.
(3) Technical and scientific assistance.--There is
authorized to be appropriated for each of fiscal years 2016
through 2021 to carry out, and provide technical and
scientific assistance under, section 707--
(A) $500,000 to the Secretary for use by the United States
Fish and Wildlife Service;
(B) $500,000 to the NOAA Assistant Administrator for use by
the National Oceanic and Atmospheric Administration;
(C) $500,000 to the EPA Assistant Administrator for use by
the Environmental Protection Agency; and
(D) $500,000 to the Secretary for use by the United States
Geological Survey.
(b) Agreements and Grants.--The Secretary may--
(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 (31 U.S.C. 6101 note; Public Law 106-107), enter into
a grant agreement, cooperative agreement, or contract with a
Partnership or other entity for a fish habitat conservation
project or restoration or enhancement project;
(2) apply for, accept, and use a grant from any individual
or entity to carry out the purposes of this title; and
(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 title.
(c) Donations.--
(1) In general.--The Secretary may--
(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 title; and
(B) accept donations of funds, property, and services to
carry out the purposes of this title.
(2) Treatment.--A donation accepted under this section--
(A) shall be considered to be a gift or bequest to, or
otherwise for the use of, the United States; and
(B) may be--
(i) used directly by the Secretary; or
(ii) provided to another Federal department or agency
through an interagency agreement.

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