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S. 3791: America’s Conservation Enhancement Reauthorization Act of 2024

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The text of the bill below is as of May 8, 2024 (Passed the Senate).

118th CONGRESS

2d Session

S. 3791

IN THE SENATE OF THE UNITED STATES

AN ACT

To reauthorize the America's Conservation Enhancement Act, and for other purposes.

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.

I

Wildlife Enhancement, Disease, and Predation

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.

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).

.

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.

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.

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.

.

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.

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.

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.

.

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.

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.

II

National Fish Habitat Conservation through Partnerships

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.

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.

.

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).

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.

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.

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.

.

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.

Secretary