[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3791 Engrossed in Senate (ES)]
<DOC>
118th CONGRESS
2d Session
S. 3791
_______________________________________________________________________
AN ACT
To reauthorize the America's Conservation Enhancement Act, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``America's
Conservation Enhancement Reauthorization Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION
Sec. 101. Losses of livestock due to depredation by federally protected
species.
Sec. 102. Black vulture livestock protection program.
Sec. 103. Chronic Wasting Disease Task Force.
Sec. 104. Protection of water, oceans, coasts, and wildlife from
invasive species.
Sec. 105. North American Wetlands Conservation Act.
Sec. 106. National Fish and Wildlife Foundation Establishment Act.
Sec. 107. Modification of definition of sport fishing equipment under
TSCA.
Sec. 108. Chesapeake Bay Program.
Sec. 109. Chesapeake Bay Initiative Act of 1998.
Sec. 110. Chesapeake Watershed Investments for Landscape Defense.
TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS
Sec. 201. National Fish Habitat Board.
Sec. 202. Fish Habitat Partnerships.
Sec. 203. Fish habitat conservation projects.
Sec. 204. Technical and scientific assistance.
Sec. 205. Accountability and reporting.
Sec. 206. Funding.
Sec. 207. Technical correction.
TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION
SEC. 101. LOSSES OF LIVESTOCK DUE TO DEPREDATION BY FEDERALLY PROTECTED
SPECIES.
Section 102(d) of the America's Conservation Enhancement Act (7
U.S.C. 8355(d)) is amended, in the matter preceding paragraph (1), by
striking ``2025'' and inserting ``2030''.
SEC. 102. BLACK VULTURE LIVESTOCK PROTECTION PROGRAM.
Section 103 of the America's Conservation Enhancement Act (7 U.S.C.
8356) is amended--
(1) in the section heading, by inserting ``; black vulture
livestock protection program'' after ``common ravens'';
(2) by redesignating subsections (a) through (c) as
paragraphs (1) through (3), respectively, and indenting
appropriately;
(3) in each of paragraphs (2) and (3) (as so redesignated),
by striking ``subsection (a)'' and inserting ``paragraph (1)'';
(4) by inserting before paragraph (1) (as so redesignated)
the following:
``(a) Depredation Permits for Black Vultures and Common Ravens.--
''; and
(5) by adding at the end the following:
``(b) Black Vulture Livestock Protection Program.--
``(1) In general.--The Secretary, in coordination with
States, shall carry out, through fiscal year 2030, a black
vulture livestock protection program (referred to in this
subsection as the `program') that allows 1 public entity or
Farm Bureau organization per State to hold a statewide
depredation permit to protect commercial agriculture livestock
from black vulture predation.
``(2) Requirements.--Each public entity or Farm Bureau
organization that holds a depredation permit under the
program--
``(A) shall--
``(i) demonstrate sufficient experience and
capacity to provide government regulated
services to the public, as determined by the
Secretary;
``(ii) submit a complete depredation permit
application, as determined by the Secretary,
for review and approval according to procedures
of the United States Fish and Wildlife Service;
``(iii) be responsible for complying with,
and ensuring subpermittee compliance with, as
applicable, all permit conditions; and
``(iv) be responsible for collecting,
managing, and reporting required information
under the permit; and
``(B) may subpermit to livestock producers to take
black vultures for the purposes of livestock
protection.
``(3) Study.--The Secretary, in consultation with the
Secretary of Agriculture, acting through the Administrator of
the Animal and Plant Health Inspection Service, shall carry out
a study on whether prescribed take levels of black vultures may
be increased for subpermittees within a biologically
sustainable take level for the population.
``(4) Report.--Not later than 1 year after the date of
enactment of the America's Conservation Enhancement
Reauthorization Act of 2024, the Secretary, in consultation
with the Secretary of Agriculture, acting through the
Administrator of the Animal and Plant Health Inspection
Service, shall submit to the Chair and Ranking Member of the
Committee on Environment and Public Works of the Senate and the
Chair and Ranking Member of the Committee on Natural Resources
of the House of Representatives a report on the status of the
program, including the results of the study required under
paragraph (3).''.
SEC. 103. CHRONIC WASTING DISEASE TASK FORCE.
Section 104(d)(1) of the America's Conservation Enhancement Act (16
U.S.C. 667h(d)(1)) is amended by striking ``2025'' and inserting
``2030''.
SEC. 104. PROTECTION OF WATER, OCEANS, COASTS, AND WILDLIFE FROM
INVASIVE SPECIES.
Section 10(p) of the Fish and Wildlife Coordination Act (16 U.S.C.
666c-1(p)) is amended, in the matter preceding paragraph (1), by
striking ``2025'' and inserting ``2030''.
SEC. 105. NORTH AMERICAN WETLANDS CONSERVATION ACT.
Section 7(c) of the North American Wetlands Conservation Act (16
U.S.C. 4406(c)) is amended--
(1) by striking ``not to exceed $60,000,000'' and inserting
the following: ``not to exceed--
``(1) $60,000,000'';
(2) in paragraph (1) (as so designated), by striking the
period at the end and inserting ``; and''; and
(3) by adding at the end the following:
``(2) $65,000,000 for each of fiscal years 2026 through
2030.''.
SEC. 106. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT.
Section 10 of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3709) is amended--
(1) in subsection (a)(1), in the matter preceding
subparagraph (A), by striking ``2025'' and inserting ``2030'';
and
(2) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``and
cooperative agreements,'' and inserting ``, cooperative
agreements, participating agreements, and similar
instruments used for providing partnership funds,'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(C) by inserting after subparagraph (A) the
following:
``(B) Funding agreements.--Federal departments,
agencies, and instrumentalities may enter into a
Federal funding agreement with the Foundation for a
period of not less than 5 years and not more than 10
years.''; and
(D) in subparagraph (C) (as so redesignated), by
inserting ``, and should when possible,'' after
``may''.
SEC. 107. MODIFICATION OF DEFINITION OF SPORT FISHING EQUIPMENT UNDER
TSCA.
Section 108(a) of the America's Conservation Enhancement Act (15
U.S.C. 2601 note; Public Law 116-188) is amended by striking ``During
the 5-year period beginning on the date of enactment of this Act'' and
inserting ``During the period beginning on the date of enactment of the
America's Conservation Enhancement Reauthorization Act of 2024 and
ending on September 30, 2030''.
SEC. 108. CHESAPEAKE BAY PROGRAM.
Section 117(j) of the Federal Water Pollution Control Act (33
U.S.C. 1267(j)) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) for each of fiscal years 2026 through 2030,
$100,000,000.''.
SEC. 109. CHESAPEAKE BAY INITIATIVE ACT OF 1998.
Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (Public
Law 105-312; 112 Stat. 2963; 134 Stat. 920) is amended by striking
``2025'' and inserting ``2030''.
SEC. 110. CHESAPEAKE WATERSHED INVESTMENTS FOR LANDSCAPE DEFENSE.
Section 111(e)(1) of the America's Conservation Enhancement Act (33
U.S.C. 1267 note; Public Law 116-188) is amended by striking ``2025''
and inserting ``2030''.
TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS
SEC. 201. NATIONAL FISH HABITAT BOARD.
Section 203 of the America's Conservation Enhancement Act (16
U.S.C. 8203) is amended--
(1) in subsection (a)(2)--
(A) in the matter preceding subparagraph (A), by
striking ``26 members'' and inserting ``28 members'';
(B) by striking subparagraph (A) and inserting the
following:
``(A) 2 shall be representatives of the Department
of the Interior, including the United States Fish and
Wildlife Service and the Bureau of Land Management;'';
and
(C) by striking subparagraphs (G) and (H) and
inserting the following:
``(G) 2 shall be representatives of Indian Tribes,
of whom--
``(i) 1 shall be a representative of Indian
Tribes in the State of Alaska; and
``(ii) 1 shall be a representative of
Indian Tribes in States other than the State of
Alaska;
``(H) 2 shall be representatives of--
``(i) the Regional Fishery Management
Councils established by section 302(a)(1) of
the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1852(a)(1)); or
``(ii) the Marine Fisheries Commissions;'';
and
(2) in subsection (e)(1)(B), by striking ``all members''
and inserting ``the members present''.
SEC. 202. FISH HABITAT PARTNERSHIPS.
Section 204(e) of the America's Conservation Enhancement Act (16
U.S.C. 8204(e)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by inserting ``, subject to paragraph (3),'' after ``Act
and''; and
(2) by adding at the end the following:
``(3) Limitation.--The Board shall only submit a report
required under paragraph (1) in the fiscal years in which the
Board is proposing modifications to, or new designations of, 1
or more Partnerships.''.
SEC. 203. FISH HABITAT CONSERVATION PROJECTS.
Section 205 of the America's Conservation Enhancement Act (16
U.S.C. 8205) is amended--
(1) in subsection (b), by striking ``for the following
fiscal year''; and
(2) in subsection (e)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--The non-Federal share of the total cost
of all fish habitat conservation projects carried out by a
Partnership each year shall be at least 50 percent.''; and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``Such non-Federal share
of the cost of a fish habitat conservation project''
and inserting ``The non-Federal share described in
paragraph (1)''.
SEC. 204. TECHNICAL AND SCIENTIFIC ASSISTANCE.
Section 206(a) of the America's Conservation Enhancement Act (16
U.S.C. 8206(a)) is amended by inserting ``, the Bureau of Land
Management,'' after ``the Forest Service''.
SEC. 205. ACCOUNTABILITY AND REPORTING.
Section 209 of the America's Conservation Enhancement Act (16
U.S.C. 8209) is amended--
(1) by striking subsection (b);
(2) in subsection (a)--
(A) by striking the subsection designation and
heading and all that follows through ``Not later than''
in paragraph (1) and inserting the following:
``(a) In General.--Not later than''; and
(B) by redesignating paragraph (2) as subsection
(b) and indenting appropriately; and
(3) in subsection (b) (as so redesignated)--
(A) in the matter preceding subparagraph (A), by
striking ``paragraph (1)'' and inserting ``subsection
(a)'';
(B) by redesignating subparagraphs (A), (B), (C),
and (D) as paragraphs (1), (2), (3), and (5),
respectively, and indenting appropriately;
(C) in paragraph (3) (as so redesignated), by
striking ``and'' at the end;
(D) by inserting after paragraph (3) (as so
redesignated) the following:
``(4) a description of the status of fish habitats in the
United States as identified by Partnerships; and''; and
(E) in paragraph (5) (as so redesignated)--
(i) by redesignating clauses (i) through
(v) as subparagraphs (A) through (E),
respectively, and indenting appropriately; and
(ii) in subparagraph (C) (as so
redesignated), by redesignating subclauses (I)
and (II) as clauses (i) and (ii), respectively,
and indenting appropriately.
SEC. 206. FUNDING.
Section 212 of the America's Conservation Enhancement Act (16
U.S.C. 8212) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the paragraph heading, by inserting
``partnerships and'' after ``habitat'';
(ii) by inserting ``and $10,000,000 for
each of fiscal years 2026 through 2030'' after
``through 2025''; and
(iii) by inserting ``Partnership operations
under section 204 and'' after ``to provide
funds for'';
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``2025'' and inserting
``2030''; and
(C) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by striking ``2025'' and inserting
``2030'';
(ii) by redesignating subparagraphs (B)
through (E) as subparagraphs (C) through (F),
respectively; and
(iii) by inserting after subparagraph (A)
the following:
``(B) $400,000 to the Secretary for use by the
Bureau of Land Management;''; and
(2) by adding at the end the following:
``(d) National Fish Habitat Assessment.--There is authorized to be
appropriated for completion of the National Fish Habitat Assessment
described in section 201(4), including the associated database of the
National Fish Habitat Assessment described in that section, $1,000,000,
to remain available until expended.''.
SEC. 207. TECHNICAL CORRECTION.
Section 211 of the America's Conservation Enhancement Act (16
U.S.C. 8211) is amended, in the matter preceding paragraph (1), by
striking ``The Federal Advisory Committee Act (5 U.S.C. App.)'' and
inserting ``Chapter 10 of title 5, United States Code (commonly known
as the `Federal Advisory Committee Act'),''.
Passed the Senate May 8, 2024.
Attest:
Secretary.
118th CONGRESS
2d Session
S. 3791
_______________________________________________________________________
AN ACT
To reauthorize the America's Conservation Enhancement Act, and for
other purposes.