S. Rept. 114-210 - BIPARTISAN SPORTSMEN'S ACT OF 2016114th Congress (2015-2016)
Committee Report
| Report Type: | Senate Report |
|---|---|
| Accompanies: | S.659 |
| Committees: |
S. Rept. 114-210 - 114th Congress (2015-2016)
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Senate Report 114-210 - BIPARTISAN SPORTSMEN'S ACT OF 2016
[Senate Report 114-210]
[From the U.S. Government Publishing Office]
Calendar No. 371
114th Congress } { Report
SENATE
2d Session } { 114-210
======================================================================
BIPARTISAN SPORTSMEN'S ACT OF 2016
_______
February 24, 2016.--Ordered to be printed
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany S. 659]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 659) to protect and enhance opportunities
for recreational hunting, fishing, and shooting, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill, as amended, do
pass.
General Statement and Background
Hunting and fishing has long been a tradition in the United
States for both subsistence and for recreation. According to
the 2013 Sportsmen's Economic Impact Report from the
Congressional Sportsmen's Foundation, roughly 37.4 million
people engaged in hunting or fishing activities in 2011.
Sportsmen and women inherently have special ties to the land,
and regularly spend more than $3 billion per year on
conservation efforts. The purpose of S. 659 is to ensure more
access to hunting and fishing, reauthorize conservation
programs, and encourage responsible recreational activities, by
addressing the following issues.
TSCA regulation of ammunition and sport fishing equipment
Anti-hunting and fishing interests are currently litigating
against the Environmental Protection Agency (``EPA'')
attempting to force the Agency to expand its authority under
the Toxic Substance Control Act (``TSCA'') to regulate
traditional ammunition and recreational fishing tackle. These
organizations assert that this is necessary to address impacts
to wildlife populations that are resulting nationwide from the
use of traditional tackle and ammunition. However, the
Committee has received testimony that there is no credible
science to support these allegations.
The Committee also received testimony that regulating
ammunition and tackle under TSCA would likely result in
significant increases in the price of ammunition and tackle for
sportsmen due to the significantly higher raw materials and
manufacturing costs of using alternatives to lead. The impact
of these price increases, according to testimony received by
the Committee, would not only would this result in the loss of
hunters, recreational shooters and anglers, it would also have
detrimental impacts on countless manufacturing facilities
resulting in significant job loss.
For the past two fiscal years, EPA's appropriations bills
have included the following language: ``None of the funds made
available by this or any other Act may be used to regulate the
lead content of ammunition, ammunition components, or fishing
tackle under the Toxic Substances Control Act (15 U.S.C. 2601
et seq.) or any other law.''
Pittman-Robertson conservation grants for shooting ranges
Under the Pittman-Robertson Act, excise taxes are collected
on sporting equipment and ammunition and can be used to develop
and maintain public shooting ranges as well as providing
wildlife conservation funding. The Committee received testimony
that hunters, recreational shooters and firearms, archery, and
ammunition manufacturers are the largest financial supporters
of wildlife conservation throughout the United States having
contributed more than $7 billion to habitat conservation,
recreational shooting and wildlife management through Pittman-
Robertson excise tax payments since the program's inception.
According to testimony received by the Committee, Pittman-
Robertson funds have not always been administered in a manner
that encourages the creation of recreational shooting
opportunities.
Importation of polar bear trophies legally harvested before May 15,
2008
The Marine Mammal Protection Act (``MMPA'') was enacted in
1972 to prohibit, with certain exceptions, the ``take'' of
marine mammals in U.S. waters and by U.S. citizens on the high
seas, and the importation of marine mammals and marine mammal
products into the U.S. MMPA protection extends to all marine
mammals. One exception to the MMPA provides that the Secretary
of the Interior may issue a permit for the importation of
legally harvested polar bears taken in sport hunts in Canada
(16 U.S.C. 1374 (5)(a)).
However, on May 15, 2008, the United States Fish and
Wildlife Service (``FWS'') listed the polar bear as
``threatened'' under the Endangered Species Act (``ESA'').
Under Section 9 ``Prohibited Act'', the FWS prohibits the
importation of any such species into the United States (16
U.S.C. 1538 (a)(1)(b). Thus, any polar bear trophies that were
legally harvested before May 15, 2008, but not yet imported
into the United States were not granted import permits. FWS
estimates 41 polar bears were legally harvested from approved
populations in Canada before the polar bear was listed as
threatened under the ESA. The Committee recognizes that the
permitting process for sport hunts in another country can take
a significant amount of time to complete. It also recognizes
that polar bears were legally taken in Canada, for which the
permitting process began before the FWS considered the polar
bear for listing.
Treatment of normal agricultural activities under the Migratory Bird
Treaty Act
Under the Migratory Bird Treaty Act (``MBTA'') the hunting
of migrating birds by aid of baiting or on or over any baited
area can result in fines up to $10,000. The statute currently
does not define ``baiting'' or ``baited area.'' This lack of
defined terms has created confusion and potential liability for
hunting on or near farmer's fields after harvest of a crop.
Right to bear arms at Water Resources Development Projects
The Army Corps of Engineers (``Corps'') manages land around
the over 400 reservoirs in 43 states. Under section 327.13 of
title 36, Code of Federal Regulations, the Corps has
promulgated regulations that prohibit the possession of loaded
firearms, ammunition, loaded projectile firing devices, bows
and arrows, crossbows, or other weapons at water resources
development projects administered by the Corps. The regulations
provide exceptions for law enforcement officers, unloaded
firearms being transported for sporting purposes and firearms
possessed with the written permission of the District
Commander.
In 2009, Congress enacted legislation which allowed for
individuals to possess and transport firearms in and across
National Park Service lands. However, this legislation does not
apply to land managed by the Corps.
North American Wetlands Conservation Act
North American Wetlands Conservation Act (``NAWCA'') is a
program that provides grants to organizations and individuals
who have developed partnerships to carry out wetlands
conservation projects in the United States, Canada, and Mexico
for the benefit of wetlands-associated migratory birds and
other wildlife. The authorization of appropriations for this
Act expired in 2012.
Multinational Species Conservation Funds
The Multinational Species Conservation Funds (``MSCF'') are
federal programs administered by the FWS that make targeted
investments in conservation of several global priority species.
The first Fund, for African elephants, was authorized by
Congress in 1989 to address rampant ivory poaching. Since that
time, four more Funds have been authorized to help protect
Asian elephants, great apes, marine turtles, tigers and rhinos.
Since 1989, these programs have awarded over 2,300 grants,
targeting key regions to ensure the protection of these
animals, but the authorizations for these programs has expired.
Neotropical Migratory Bird Conservation Act
The Neotropical Migratory Bird Treaty Act (``the Act'')
provides grants to support conservation of the migratory bird
population and fosters international cooperation for
initiatives that will perpetuate healthy bird populations.
Since 2002, the Act has provided more than $50.1 million in
grants to support 451 projects in 36 countries. The law was
originally enacted in 2000 authorizing $5 million per year.
This language would extend authorization of $6.5 million per
year for five years. Additionally, a minimum of 75% of the
funds must be used for projects outside the United States.
User fees at Army Corps of Engineers recreation facilities
Current law (33 U.S.C. 2328) enables the Corps to enter
into cooperative agreements with non-Federal public and private
entities to provide for operation and management of
recreational facilities and natural resources at civil works
projects. These partnerships help ensure that Corps
recreational facilities are well-maintained and remain open,
and that natural resources are protected and conserved. For
many years, the Corps used this authority to enter into
Cooperative Joint Management agreements and leases allowing
partners to collect and re-invest recreation user fees.
On September 12, 2013, Corps Headquarters released new
guidance disallowing this practice. Based upon a legal review,
the Corps determined that this practice exceeds existing
statutory authority by allowing partners to collect user fees
and reinvest the proceeds to maintain and improve Corps
facilities.
National Fish and Wildlife Foundation
The National Fish and Wildlife Foundation (``NFWF'') was
created by Congress in 1984 to bridge the public and private
sector to protect and restore the country's fish, wildlife, and
plant habitats. NFWF is an independent 501(c)(3) nonprofit
organization. Its Board of Director is made up of 30 members
who are appointed by the Secretary of the Interior. Its
supports programs in all 50 states and U.S. territories.
Duplicative regulation of pesticides
Section 301 of the Federal Water Pollution Control Act
(Clean Water Act or CWA) prohibits the discharge of a pollutant
into navigable waters from a point source without a permit. 33
U.S.C. 1311(a). Consistent with the legislative history of
FIFRA, for over 30 years, the EPA did not interpret this
section to require a discharge permit for pesticide use when
the pesticide is used in a manner consistent with its FIFRA
label. However, in 2001, the U.S. Court of Appeals for the
Ninth Circuit held in Headwaters, Inc. v. Talent Irrigation
District that the application of herbicides to control aquatic
weeds that were choking an irrigation canal violated the CWA
under the circumstances before the court (which involved a
spill, not FIFRA-compliant use). 243 F.3d 526 (9th Cir. 2001).
In 2002, the Ninth Circuit held that aerial pesticide spraying
by the Forest Service to control a predicted outbreak of the
Douglas Fir Tussock Moth was regulated by the CWA. The court
reached this conclusion even though the spraying complied with
FIFRA because the court did not address the question of whether
the pesticides were pollutants and instead erroneously assumed
that the parties agreed they were pollutants. League of
Wilderness Defenders v. Forsgren, 309 F.3d 1181 (9th Cir.
2002).
In response to the regulatory uncertainty created by these
decisions, in 2006 EPA promulgated a rule to codify its long-
held position that FIFRA-compliant pesticide use is not the
discharge of a pollutant. 71 Fed. Reg. 68,483 (Nov. 27, 2006).
Like EPA's long-standing policy, this rule relied on compliance
with FIFRA to protect the human health and the environment and
determined that properly used pesticides are products, not
wastes. Various environmental groups sued to overturn this
rule.
In January 2009, in National Cotton Council v. EPA, 553
F.3d 927 (6th Cir. 2009), the Sixth Circuit vacated EPA's 2006
rule holding that the CWA definition of ``discharge of a
pollutant'' could include the use of pesticides if any residue
remains after use, even though the pesticide is a product and
not a waste at the time of discharge. This novel decision is
not consistent with decisions in the D.C. Circuit that hold
that the CWA does not regulate sources of pollutants. See NRDC
v. EPA, 859 F.2d 156, 169 et seq. (D.C. Cir. 1988); American
Iron and Steel Inst. v. EPA, 155 F.3d 979, 996 (D.C. Cir.
1997).
The duplicative and unnecessary regulation caused by the
National Cotton Council decision has real world consequences.
In an August 4, 2015, letter to the Environment and Public
Works Committee, the American Mosquito Control Association
said:
Currently, mosquito control programs are vulnerable
to lawsuits where fines may be up to $35,000 per day
for activities that do not involve harm to the
environment, as is the standard under FIFRA, but rather
simple paperwork violations of the Clean Water Act
(CWA). In order to attempt to comply with this
potential liability, these government agencies must
divert scarce resources to CWA monitoring. In some
cases, some smaller applicators have simply chosen not
to engage in vector control activities.
As a result, ``the regulatory burdens are potentially
depriving the general public of the economic and health
benefits of mosquito control.'' Given the outbreak of the
mosquito-borne Zika virus, this is an even greater concern now.
State management of fisheries
In parts of Florida and Texas, the state boundaries extend
for 3 marine leagues into the ocean. Alabama, Mississippi, and
Louisiana have boundary lines just 3 miles into the ocean.
State boundaries can determine whether the state or the federal
government manage the fish populations. Due to the size of the
fishing industry, both recreational and professional, in the
Gulf of Mexico, this unequal distribution can cause be
impactful upon local communities.
Gray wolves
On December 28, 2011, FWS finalized a rule to remove the
gray wolf in the western Great Lakes (including Michigan,
Minnesota, and Wisconsin) from the federal list of threatened
or endangered species. However, on December 18, 2014, a federal
judge overruled this decision, restoring federal protection for
the species in the Western Great Lakes.
On August 31, 2012, FWS announced its intention to publish
a final rule removing gray wolves from the federal list of
threatened or endangered species in Wyoming. Beginning
September 30, 2012, wolves in Wyoming were managed by the state
under an approval management plan. However, on September 23,
2014, a federal judge overruled FWS's Service's decision,
restoring federal protection for the species in Wyoming.
Alaska Wildlife Regulation
On January 8, 2016, FWS issued the proposed regulation,
``Non-Subsistence Take of Wildlife, and Public Participation
and Closure Procedures, on National Wildlife Refuges in
Alaska.'' The proposed regulation seeks to restrict access and
limit hunting, fishing, and trapping activities. The state of
Alaska and the Alaskan Congressional Delegation oppose this
regulation, citing its erosion of state wildlife management in
contravention of the Alaska National Interest Lands
Conservation Act and the National Wildlife Refuge System
Improvement Act.
Fish Habitat Conservation
The National Fish Habitat Partnership is a program to
conserve the nation's fish and aquatic communities through
partnerships that foster fish habitat conservation. It was
modeled after the success of the North American Wetlands
Conservation Act (``NAWCA''). It supports existing fish habitat
partnerships and works to foster new efforts. Additionally, it
is focused on setting national goals to improve aquatic systems
and reverse the decline of healthy fish habitats.
Objectives of the Legislation
The Bipartisan Sportsmen's Act of 2016 contains a number of
provisions that will increase access to hunting and fishing,
correct inconsistencies in the law, and extend programs that
are vital to our conservation efforts.
Section-by-Section Analysis
Section 1. Short title
This Act may be cited as the ``Bipartisan Sportsmen's Act
of 2016''
Section 2. Modification of Definition of Sport Fishing Equipment Under
the Toxic Substances Control Act
Section 2 would make permanent the appropriations language
that bans EPA from regulating ammunition and sport fishing
tackle under TSCA by amending that Act to clarify that an
existing exemption to EPA's authority under TSCA, for products
subject to Pittman-Robertson excise taxes, applies not only to
assembled cartridges but also to their component parts. This
section also creating a similar exemption for articles of
fishing tackle subject to Wallop-Breaux excise taxes.
Section 3. Target practice and marksmanship
Subsection (a) states the purpose of this section.
Subsection (b) defines the term ``public target range.''
Subsection (c) amends the Pittman-Robertson Wildlife
Restoration Act to provide 5 years for obligation of funds,
allowing projects to be funded over multiple budget cycles; to
allow a state to pay up to 90% of the costs of acquiring land
for, expanding, or constructing public target ranges (the
current maximum is 75%); and to increase the federal cost-share
for public ranges to up to 90%.
Subsection (d) states that it is the sense of Congress that
federal land agencies should cooperate with state and local
governments to maintain shooting ranges.
Section 4. Permits for importation of polar bear trophies taken in
sport hunts in Canada
This section amends the Marine Mammal Protection Act to
require the Secretary of the Interior to issue import permits
for polar bear trophies legally taken in a sport hunt in
Canada, as long as the individual seeking the permit submits
proper documentation, including documentation that the trophy
was taken before May 15, 2008. Under this section, the 41
legally harvested polar bears taken prior to the species'
``threatened'' listing that remain in Canada will be granted
permits for importation if proper documentation is provided.
Section 5. Baiting of migratory game birds
This section amends MBTA by defining the terms ``baited
area,'' ``baiting'' and ``normal agricultural practices'' to
ensure that practices carried out to produce a marketable crop
and recommended by the applicable State office of the
Cooperative Extension System of the Department of Agriculture
and, if requested, with the concurrence of the head of the
applicable State department of fish and wildlife, are not
considered baiting under the Act.
Section 6. Protecting the right of individuals to bear arms at water
resources development projects
This section prohibits the Secretary of the Army from
promulgating or enforcing any regulation that prohibits an
individual from possessing a firearm in any area open to the
public (other than a Federal Facility as defined in 18 U.S.C.
930(g)) at a water resource development project administered by
the Corps, as long as the individual is not otherwise
prohibited from possessing a firearm and is incompliance with
state law in which the project is located.
Section 7. North American Wetlands Conservation Act
This section extends the authorization of appropriations
for NAWCA for $50 million per year for fiscal years 2016
through 2021, and clarifies that property conveyed under this
Act be maintained for conservation purposes.
Section 8. Multinational Species Conservation Funds reauthorization
This section reauthorizes appropriations for the
Multinational Species Conservation Funds. This section
reauthorizes the African Elephant Conservation Act (16 U.S.C.
4245(a)) from FY16 through FY20. This section reauthorizes the
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C.
5306(a)) from FY16 though FY20. This section reauthorizes the
Asian Elephant Conservation Act of 1997 (16 U.S.C. 4266(a))
from FY16 through FY20. This section reauthorizes the Great Ape
Conservation Act of 2000 (16 U.S.C. 6305) from FY16 through
FY20 and includes an amendment to the Act to include a
multiyear grant process for eligible applicants to carry out a
project that demonstrates an effective, long-term conservation
strategy for great apes and their habitats. This section
reauthorizes the Marine Turtle Conservation Act of 2004 (16
U.S.C. 6606) and includes an amendment to the Act to include
those marine turtles located in territories of the United
States.
Section 9. Reauthorization of Neotropical Migratory Bird Conservation
Act
This section reauthorizes the Neotropical Migratory Bird
Conservation Act, authorizing appropriations of $6.5 million
for each of fiscal years 2015 through 2020. This section also
amends the Act to require 75 percent of the funds appropriated
each year to be spent on projects outside of the U.S.
Section 10. Challenge cost-sharing program for management of recreation
facilities
This section amends the Water Resources Development Act of
1992 to allow non-Federal entities to collect user fees at
recreation facilities located at Corps water resources
development projects and use those fees for operation,
maintenance and management of the recreation site where they
are collected. This language would restore the practice that
existed before September 2013.
Section 11. National Fish and Wildlife Foundation Establishment Act
This section reauthorizes the National Fish and Wildlife
Foundation for each fiscal years 2015 through 2020.
Section 12. Use of authorized pesticides; Discharges of pesticides;
Report
This section amends FIFRA and CWA to prohibit EPA from
requiring a CWA permit for the use of pesticides in or near
navigable waters if the pesticide is already authorized for
sale, distribution, or use under FIFRA and is used in
compliance with FIFRA.
Section 13. Seaward boundaries
This section amends the Submerged Lands Act by extending
the seaward boundaries for Alabama, Florida, Louisiana, and
Mississippi by three or more marine leagues, about nine miles,
from the coast line of each State for management activities
pursuant to the fishery management plan for the reef fish
resources of the Gulf of Mexico.
Section 14. Reissuance of final rule regarding gray wolves in the
Western Great Lakes
This section requires the Secretary of the Interior to
reissue the final rule published on December 28, 2011, which
would de-list the gray wolf in the Western Great Lakes from the
Endangered Species Act. The reissuance is not subject to
judicial review.
Section 15. Reissuance of final rule regarding gray wolves in Wyoming
This section requires the Secretary of the Interior to
reissue the final rule published on September 10, 2012, a rule
to de-list the gray wolf in Wyoming from the Endangered Species
Act. The reissuance is not subject to judicial review.
Section 16. Prohibition on issuance of final rule
This section prohibits FWS from finalizing the proposed
rule on January 8, 2016, ``Non-Subsistence Take of Wildlife,
and Public Participation and Closure Procedures, on National
Wildlife Refuges in Alaska.'' It also prohibits the issuance of
a rule that is substantially similar to the January 8, 2016.
The proposed regulations would restrict and limit hunting and
trapping activities in Alaska.
Section 17. National Fish Habitat Conservation
This section would enact the ``National Fish Habitat
Conservation Through Partnerships Act''
Subsection (a) provides that this Act may be cited as the
`National Fish Habitat Conservation Act'.
Subsection (b) states that the purpose is to encourage
partnerships among public agencies and other interested parties
to promote fish conservation.
Subsection (c) provides definitions of several terms used
in the Act.
Subsection (d) establishes the National Fish Habitat Board
to oversee and promote the implementation of the Act, to
establish national goals and priorities, to designate
partnerships, and to review and recommend aquatic habitat
projects.
Subsection (e) establishes procedures for designating Fish
Habitat Partnerships and outlines criteria for approval of
partnerships.
Subsection (f) establishes procedures for consideration of
fish habitat projects by the Board and criteria for the board
to use in evaluating and recommending projects for funding to
the Secretaries of Interior and Commerce. Projects must include
a 50% non-Federal cost share.
Subsection (g) authorizes technical and scientific
assistance from the Director of the FWS, Assistant
Administrator for Fisheries of NOAA, and Director of the United
States Geological Survey (USGS), to provide technical and
scientific assistance to the Fish Habitat Partnerships.
Subsection (h) provides that the Secretary of the Interior
shall provide a notice to the appropriate State or tribal
agency within which an activity is planned to be carried out
pursuant with this Act no later than 30 days before the planned
activity is implemented.
Subsection (i) requires the Director, in cooperation with
other agencies, to develop an interagency operational plan.
Subsection (j) requires the Board to submit reports to
appropriate congressional committees on the implementation of
this section. This subsection also requires the Board to submit
to the appropriate congressional committees a report describing
the status of aquatic habitats in the United States by December
31, 2016 and each five years thereafter.
Subsection (k) states that nothing in this Act establishes
a water right in the United States, affects any water right in
existence, or affects state water law. This section further
clarifies that nothing in the Act affects state rights to
manage wildlife and fish, affects tribal rights, affects
existing federal authorities for land or water acquisition, or
enables the use of funds provided by the Act to acquire real
property without the consent of the property owner. This
section also states that nothing in this Act allows the use of
funds for fish and wildlife mitigation under existing Federal
laws and court settlements.
Subsection (l) exempts the Board and Partnership from the
Federal Advisory Committee Act (5 U.S.C. App.).
Subsection (m) authorizes $7,200,000 for each of fiscal
years 2016 through 2021 for the Secretary of the Interior to
provide funds for approved fish habitat conservation projects),
of which 5 percent shall be made available for each fiscal year
for projects carried out by Indian tribes. This section
authorizes five percent of the funds be used for administrative
expenses and authorizes the Secretary to transfer to FWS, NOAA,
and USGS $500,000 each to provide technical and scientific
assistance.
Legislative History
The Bipartisan Sportsman's Act of 2015 was introduced by
Senator Dan Sullivan (R-AK) on March 4, 2015. The bill was
referred to the Committee on Environment and Public Works. The
Committee reported S. 659, as amended, favorably on January 20,
2016.
Hearings
On March 17, 2015, the subcommittee on Fisheries, Water,
and Wildlife held a hearing to examine S. 659. The three
witnesses included: Jeff Crane, President of the Congressional
Sportsman's Foundation; Dale Hall, CEO of Ducks Unlimited; and
Wayne Pacelle, President and CEO of The Humane Society of the
United States.
Rollcall Votes
On January 20, 2016, the Senate Committee on Environment
and Public Works conducted a business meeting to consider an
amendment in the nature of a substitute to S. 659. The bill, as
amended, was favorably reported out of Committee by a vote of
12-8.
Amendments approved
Crapo-Carper-Fischer #1--An amendment to clarify
Congressional intent regarding the regulation of the use of
pesticides in or near navigable waters was adopted by a roll
call vote of 12 yeas, 8 nays (Senators Barrasso, Boozman,
Capito, Carper, Crapo, Fischer, Rounds, Sessions, Sullivan,
Vitter, Wicker, and Inhofe voted yea, and Senators Booker,
Boxer, Cardin, Gillibrand, Markey, Merkley, Sanders, and
Whitehouse voted nay).
Sullivan #1--An amendment to prohibit the Director of the
United States Fish and Wildlife Service from issuing a final
rule relating to predator harvest on National Wildlife Refuges
in the State of Alaska was adopted by roll call vote of 11
yeas, 9 nays (Senators Barrasso, Boozman, Capito, Crapo,
Fischer, Rounds, Sessions, Sullivan, Vitter, Wicker, and Inhofe
voted yea, and Senators Booker, Boxer, Cardin, Carper,
Gillibrand, Markey, Merkley, Sanders, and Whitehouse voted
nay).
Cardin #1--An amendment to reauthorize the Neotropical
Migratory Bird Conservation Act (adopted by unanimous voice
vote).
Cardin #2--An amendment to improve the National Fish and
Wildlife Foundation Establishment Act (adopted by unanimous
voice vote).
Vitter #1--An amendment to establish the seaward boundaries
of certain coastal States (as modified) was adopted by roll
call vote of 11 yeas, 9 nays (Senators Barrasso, Boozman,
Capito, Crapo, Fischer, Rounds, Sessions, Sullivan, Vitter,
Wicker, and Inhofe voted yea, and Senators Booker, Boxer,
Cardin, Carper, Gillibrand, Markey, Merkley, Sanders, and
Whitehouse voted nay).
Crapo #1--An amendment to conserve fish and fish habitat in
the United States through partnerships that foster fish habitat
conservation, enhance fish and wildlife-dependent recreation,
and for other purposes (adopted by unanimous voice vote).
Rounds #1--An amendment to add a provision relating to the
conveyance of real property for wetland ecosystem conservation
(adopted by voice vote).
Barrasso #1--An amendment to direct the Secretary of the
Interior to reissue final rules relating to listing the gray
wolf in the Western Great Lakes and Wyoming under the
Endangered Species Act of 1973 (adopted by voice vote).
Amendments rejected
Boxer #1--An amendment to modify a provision relating to
the definition of sport fishing equipment under the Toxic
Substances Control Act failed by roll call vote of yeas 9, 11
nays (Senators Booker, Boxer, Cardin, Carper, Gillibrand,
Markey, Merkley, Sanders, and Whitehouse voted yea, and
Senators Barrasso, Boozman, Capito, Crapo, Fischer, Rounds,
Sessions, Sullivan, Vitter, Wicker, and Inhofe voted nay).
Boxer #2--An amendment to modify provisions relating to
permits for the importation of polar bear parts failed by roll
call vote of yeas 9, 11 nays (Senators Booker, Boxer, Cardin,
Carper, Gillibrand, Markey, Merkley, Sanders, and Whitehouse
voted yea, and Senators Barrasso, Boozman, Capito, Crapo,
Fischer, Rounds, Sessions, Sullivan, Vitter, Wicker, and Inhofe
voted nay).
Markey #1--An amendment to strike all sections except Sec.
1, short title; Sec. 7, North American Wetlands Conservation
Act; and Sec. 8, Multinational Species Conservation Funds
Reauthorization (failed by voice vote).
Boxer #4--An amendment to modify provisions relating to
protecting the right of individuals to bear arms at water
resources development projects failed by roll call vote of 9
yeas, 11 nays (Senators Booker, Boxer, Cardin, Carper,
Gillibrand, Markey, Merkley, Sanders, and Whitehouse voted yea,
and Senators Barrasso, Boozman, Capito, Crapo, Fischer, Rounds,
Sessions, Sullivan, Vitter, Wicker, and Inhofe voted nay).
Final Committee vote to report
S. 659, as amended, was favorably reported by roll call
vote of 12 yeas, 8 nays (Senators Barrasso, Boozman, Capito,
Carper, Crapo, Fischer, Rounds, Sessions, Sullivan, Vitter,
Wicker, and Inhofe voted yea, and Senators Booker, Boxer,
Cardin, Gillibrand, Markey, Merkley, Sanders, and Whitehouse
voted nay).
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes evaluation of
the regulatory impact of the reported bill.
The bill does not create any additional regulatory burdens,
nor will it cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the Committee notes that the Congressional
Budget Office found that S. 659 contains no intergovernmental
mandates as defined in the Unfunded Mandates Reform Act (UMRA),
and would impose no costs on state, local, or tribal
governments. The Congressional Budget Office found that S.
would impose a private-sector mandate as defined in UMRA by
eliminating the ability of plaintiffs to seek judicial review
of rules to remove certain gray wolves from the endangered
species list. CBO estimates that the cost of the mandate would
fall well below the annual threshold established in UMRA for
private-sector mandates ($154 million in 2016, adjusted
annually for inflation).
Cost of Legislation
February 18, 2016.
Hon. Jim Inhofe,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 659, the Bipartisan
Sportsmen's Act of 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Keith Hall.
Enclosure.
S. 659--Bipartisan Sportsmen's Act of 2016
Summary: S. 659 would amend and reauthorize various
programs conducted by the U.S. Fish and Wildlife Service
(USFWS) related to the conservation of wetlands, certain
species, and fish habitats. The bill also would authorize
funding for the National Fish and Wildlife Foundation, a
nonprofit corporation established by federal law to provide
grants for activities related to conserving and managing fish,
wildlife, plants, and other natural resources.
Based on information provided by the USFWS, CBO estimates
that implementing the legislation would cost $505 million over
the 2016-2021 period and $95 million after 2021, assuming
appropriation of the authorized amounts. Because enacting S.
659 would not affect direct spending or revenues, pay-as-you-go
procedures do not apply. CBO also estimates that enacting S.
659 would not increase net direct spending or on-budget
deficits in any of the four consecutive 10-year periods
beginning in 2027.
S. 659 contains no intergovernmental mandates as defined in
the Unfunded Mandates Reform Act (UMRA) and would benefit
state, local, and tribal governments.
S. 659 would impose a private-sector mandate as defined in
UMRA by eliminating the ability of plaintiffs to seek judicial
review of rules to remove certain gray wolves from the
endangered species list. CBO estimates that the cost of the
mandate would fall well below the annual threshold established
in UMRA for private-sector mandates ($154 million in 2016,
adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 659 is shown in the following table. The
costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------
2016 2017 2018 2019 2020 2021 2016-2021
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Wetlands Conservation:
Authorization Level........................ 15 50 50 50 50 50 265
Estimated Outlays.......................... 4 16 28 37 44 48 177
Species Conservation:
Authorization Level........................ 22 37 37 37 37 0 168
Estimated Outlays.......................... 16 31 34 36 36 10 163
National Fish and Wildlife Foundation:
Authorization Level........................ 18 25 25 25 25 0 118
Estimated Outlays.......................... 18 25 25 25 25 0 118
Fish Habitat Conservation:
Authorization Level........................ 2 10 10 10 10 10 50
Estimated Outlays.......................... 1 8 9 9 9 10 46
Total Changes:
Authorization Level\a\................. 56 121 121 121 121 60 600
Estimated Outlays...................... 39 79 96 107 115 67 505
----------------------------------------------------------------------------------------------------------------
Note: Amounts may not sum to totals because of rounding
\a\ 1AThe U.S. Fish and Wildlife Service received appropriations totaling $65 million in fiscal year 2016 to
carry out many of the activities that would be reauthorized under S. 659. The authorization level shown here
for 2016 is the difference between the amounts already appropriated and the amounts that would be authorized
by S. 659.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted in 2016 and the authorized amounts
will be appropriated for each fiscal year. Estimated outlays
are based on historical spending patterns for similar programs.
S. 659 would authorize appropriations through 2021 for the
USFWS to carry out activities related to the conservation of
wetlands, certain species, and fish habitats. In addition, a
portion of those amounts would be used to fund the National
Fish and Wildlife Foundation. CBO estimates that implementing
the legislation would cost $505 million over the 2016-2021
period and $95 million after 2021, assuming appropriation of
the authorized amounts.
Wetlands Conservation
Section 7 would authorize the appropriation of $50 million
a year through 2021 to carry out the North American Wetlands
Conservation Act (NAWCA). Under that act, the USFWS awards
competitive grants for projects to conserve wetlands in the
United States, Mexico, and Canada. In 2016, the agency received
$35 million to carry out activities related to NAWCA. CBO
estimates that carrying out section 7 would cost $177 million
over the 2016-2021 period and $88 million after 2021.
Species Conservation
Sections 8 and 9 would authorize the appropriation of about
$37 million a year through 2020 to carry out programs aimed at
preserving various species including elephants, rhinoceros,
tigers, great apes, marine turtles, and neotropical migratory
birds. In 2016, the USFWS received appropriations totaling $15
million to carry out those programs. CBO estimates that
carrying out sections 8 and 9 would cost $163 million over the
2016-2021 period and $5 million after 2021.
National Fish and Wildlife Foundation
Section 11 would authorize the appropriation of $25 million
a year through 2020 to fund activities of the National Fish and
Wildlife Foundation. The foundation is a nonprofit corporation
established by federal law to provide grants for activities
related to conserving and managing fish, wildlife, plants, and
other natural resources. In 2016, the USFWS received
appropriations totaling $7 million to fund the foundation. CBO
estimates that implementing section 11 would cost $118 million
over the 2016-2021 period.
Fish Habitat Conservation
Section 17 would authorize the appropriation of about $10
million a year through 2021 to carry out fish habitat
conservation projects and provide technical assistance to
nonfederal entities. The program would be aimed at facilitating
partnerships between the federal government and local
governments, nonprofits, and private individuals. In 2016, the
USFWS received appropriations totaling about $8 million to
carry out similar activities. CBO estimates that implementing
section 17 would cost $46 million over the 2016-2021 period and
$4 million after 2021.
Pay-As-You-Go considerations: None.
Increase in long term direct spending and deficits: CBO
estimates that enacting S. 659 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
Estimated impact on state, local, and tribal governments:
S. 659 contains no intergovernmental as defined in UMRA and
would benefit public entities that operate recreational
facilities at federal water projects by allowing them to
collect user fees to defray operating costs. The bill also
would benefit state agencies by lowering the matching
requirement for federal grants that support public shooting
ranges. Finally, the bill would benefit state, local, and
tribal governments by authorizing federal grants for
conservation partnerships that protect fish habitats. Any costs
incurred by those entities, including matching contributions,
would be incurred voluntarily.
Estimated impact on the private sector: S. 659 would impose
a private-sector mandate as defined in UMRA on plaintiffs by
eliminating the ability to seek judicial review of rules to
remove gray wolves in the western Great Lakes region or in the
state of Wyoming from the endangered species list. The cost of
a mandate that eliminates a right of action is the forgone
income and value of awards in such cases. Because such losses
would generally not occur for the types of cases involved, CBO
expects that the mandate would probably impose no costs.
Consequently, CBO estimates that the cost of the mandate would
fall well below the annual threshold established in UMRA for
private-sector mandates ($154 million in 2016, adjusted
annually for inflation).
Estimate prepared by: Federal costs: Jeff LaFave; Impact on
state, local, and tribal governments: Jon Sperl; Impact on the
private sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
MINORITY VIEWS
The Bipartisan Sportsmen's Act of 2015, which had the
potential to be broadly supported bipartisan legislation, has
not lived up to its name. While the bill includes provisions--
such as the reauthorization of the North American Wetlands
Conservation Act--that we strongly support, there are serious
concerns with other items in the bill. We offered constructive
compromises to address these issues, but none of those
proposals were accepted. In addition, at the markup of this
legislation, the Committee adopted multiple harmful and
divisive amendments that make the legislation even more
controversial.
It is unfortunate that the Committee is moving forward with
the Sportsmen's bill without addressing the serious issues
raised by dozens of conservation, environmental and animal
welfare groups. The bill creates broad new exemptions from the
Toxic Substances Control Act with no ability to determine
whether the products exempted are harmful to people. The bill
also prevents the U.S. Army Corps of Engineers from
implementing commonsense restrictions on firearms use on Corps
properties, including on infrastructure that the Corps has
determined is critical to homeland security.
Numerous compromises were rejected that would have
addressed these and other critical concerns. For example, a
Republican majority of the committee voted to defeat an
amendment intended to ensure Congress could continue to monitor
the impacts of lead and other contaminants in fishing tackle,
which the bill would permanently exempt from regulation under
the Toxic Substances Control Act. Following the scandal in
Flint, Michigan, where children have been poisoned by lead in
the drinking water, it is shocking that such an amendment would
be rejected on a party line vote. In addition, the Republican
Majority failed to address concerns raised about a provision to
add a new exemption to the Marine Mammal Protection Act for the
importation of sport-hunted polar bear trophies and rejected
clarifying changes to ensure that the bill did not hamper the
ability of the U.S. Fish and Wildlife Service to enforce
protections under the Migratory Bird Treaty Act.
The Republican majority also voted to approve an amendment
to roll back protection of our waters from pesticide pollution.
The amendment would eliminate the requirement to obtain a Clean
Water Act permit when pesticides are sprayed into rivers,
lakes, and streams.
The U.S. Environmental Protection Agency (EPA) has
determined that over 1,800 waterbodies, such as streams and
lakes, are damaged because of pesticide use. Due to limited
monitoring, the actual number of polluted waterbodies may be
higher. Pesticide contamination of rivers and streams has also
been confirmed by state water pollution control agencies.
According to EPA's National Summary of State Information,
States report that approximately 16,819 miles of rivers and
streams, 1,766 square miles of bays and estuaries, and 260,342
acres of lakes are currently impaired or threatened by
pesticides--meaning that the particular waterbody fails to meet
a particular use, such as a source of drinking water, fish,
shellfish, and wildlife propagation, or recreation.
To address this pollution, EPA developed a streamlined
application and approval process for individuals that intend to
apply pesticides. This includes emergency procedures to allow
for spraying of pesticides to address a pest emergency that
could affect public health. In such emergencies, pesticide
applicators do not have to receive approval before applying a
pesticide.
The potential for human exposure to pesticides through
drinking water or other contact with water is an area of
significant concern. Depending on the type of pesticide, an
array of health implications can arise including: skin and eye
irritation, nervous system impacts, impacts on adolescent
development of children, hormone or endocrine disruption, or
cancer. In light of this concerning information and following
the drinking water crisis in Flint, Michigan, we should work in
a bipartisan manner to reduce pollution, not adopt partisan
amendments to roll back existing protections.
The Committee also adopted amendments to take away
protections under the Endangered Species Act for endangered
gray wolves; to block an ongoing rulemaking to protect wildlife
on national wildlife refuges in Alaska, which explicitly
exempts subsistence use on these refuges and complies with the
requirements of the Alaska National Interest Lands Conservation
Act and the National Wildlife Refuge System Improvement Act;
and to modify the Federal oversight of fisheries management in
coastal waters--an issue over which the Committee does not have
jurisdiction. We oppose these unrelated amendments that weaken
existing safeguards for our nation's fish and wildlife and
further undermine support for the legislation.
While we are extremely disappointed in the approach taken
at the markup of this legislation, we remain ready to work with
our colleagues to produce truly bipartisan and broadly-
supported legislation that is free of poison pill provisions
and that will benefit sportsmen and women while upholding our
nation's landmark public health and environmental laws.
Barbara Boxer.
Benjamin L. Cardin.
Bernard Sanders.
Sheldon Whitehouse.
Jeff Merkley.
Kirsten Gillibrand.
Cory A. Booker.
Edward Markey.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
TOXIC SUBSTANCES CONTROL ACT
* * * * * * *
SEC. 2. FINDINGS, POLICY, AND INTENT.
(a) Findings.--The Congress finds that--
(1)* * *
* * * * * * *
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The\2\ term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
---------------------------------------------------------------------------
\2\In Public Law 94-469, which enacted this section, the word
``the'' was lower case. ``The'' has been shown capitalized to reflect
the probable intent of Congress.
---------------------------------------------------------------------------
(2)(A) Except as provided in subparagraph (B), the term
``chemical substance'' means any organic or inorganic substance
of a particular molecular identity, including--
(i) any combination of such substances occurring in
whole or in part as a result of a chemical reaction or
occurring in nature, and
(ii) any element or uncombined radical.
(B) Such term does not include--
(i) any mixture,
(ii) any pesticide (as defined in the Federal
Insecticide, Fungicide, and Rodenticide Act) when
manufactured, processed, or distributed in commerce for
use as a pesticide,
(iii) tobacco or any tobacco product,
(iv) any source material, special nuclear material,
or byproduct material (as such terms are defined in the
Atomic Energy Act of 1954 and regulations issued under
such Act),
(v) any article the sale of which is subject to the
tax imposed by section 4181 of the Internal Revenue
Code of 1954 (determined without regard to any
exemptions from such tax provided by section 4182 or
4221 or any other provision of such Code)and any
component of such an article (limited to shot shells,
cartridges, and components of shot shells and
cartridges), [and]
(vi) any food, food additive, drug, cosmetic, or
device (as such terms are defined in section 201 of the
Federal Food, Drug, and Cosmetic Act) when
manufactured, processed, or distributed in commerce for
use as a food, food additive, drug, cosmetic, or
device[.] ; and
(vii) any sport fishing equipment (as such term is
defined in section 4162(a) of the Internal Revenue Code
of 1986) the sale of which is subject to the tax
imposed by section 4161(a) of such Code (determined
without regard to any exemptions from such tax provided
by section 4162 or 4221 or any other provision of such
Code), and sport fishing equipment components.
The term ``food'' as used in clause (vi) of this subparagraph
includes poultry and poultry products (as defined in sections
4(e) and 4(f) of the Poultry Products Inspection Act), meat and
meat food products (as defined in section 1(j) of the Federal
Meat Inspection Act), and eggs and egg products (as defined in
section 4 of the Egg Products Inspection Act).
* * * * * * *
PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT
* * * * * * *
SEC. 2. [16 U.S.C. 669A] DEFINITIONS.
As used in this Act--
(1) the term ``conservation'' means the use of
methods and procedures necessary or desirable to
sustain healthy populations of wildlife, including all
activities associated with scientific resources
management such as research, census, monitoring of
populations, acquisition, improvement and management of
habitat, live trapping and transplantation, wildlife
damage management, and periodic or total protection of
a species or population, as well as the taking of
individuals within wildlife stock or population if
permitted by applicable State and Federal law;
(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)] (3) the term ``Secretary'' means the Secretary
of the Interior;
[(3)] (4) the term ``State fish and game department''
or ``State fish and wildlife department'' means any
department or division of department of another name,
or commission, or official or officials, of a State
empowered under its laws to exercise the functions
ordinarily exercised by a State fish and game
department or State fish and wildlife department.
[(4)] (5) the term ``wildlife'' means any species of
wild, free-ranging fauna including fish, and also fauna
in captive breeding programs the object of which is to
reintroduce individuals of a depleted indigenous
species into previously occupied range;
[(5)] (6) the term ``wildlife-associated recreation''
means projects intended to meet the demand for outdoor
activities associated with wildlife including, but not
limited to, hunting and fishing, wildlife observation
and photography, such projects as construction or
restoration of wildlife viewing areas, observation
towers, blinds, platforms, land and water trails, water
access, field trialing, trail heads, and access for
such projects;
[(6)] (7) the term ``wildlife conservation and
restoration program'' means a program developed by a
State fish and wildlife department and approved by the
Secretary under section 304(d), the projects that
constitute such a program, which may be implemented in
whole or part through grants and contracts by a State
to other State, Federal, or local agencies (including
those that gather, evaluate, and disseminate
information on wildlife and their habitats), wildlife
conservation organizations, and outdoor recreation and
conservation education entities from funds apportioned
under this title, and maintenance of such projects;
[(7)] (8) the term ``wildlife conservation
education'' means projects, including public outreach,
intended to foster responsible natural resource
stewardship; and
[(8)] (9) the term ``wildlife-restoration project''
includes the wildlife conservation and restoration
program and means the selection, restoration,
rehabilitation, and improvement of areas of land or
water adaptable as feeding, resting, or breeding places
for wildlife, including acquisition of such areas or
estates or interests therein as are suitable or capable
of being made suitable therefor, and the construction
thereon or therein of such works as may be necessary to
make them available for such purposes and also
including such research into problems of wildlife
management as may be necessary to efficient
administration affecting wildlife resources, and such
preliminary or incidental costs and expenses as may be
incurred in and about such projects.
* * * * * * *
SEC. 8.
Sec. 8. [16 U.S.C. 669g] (a) Maintenance of wildlife-
restoration projects established under the provisions of this
Act shall be the duty of the State in accordance with their
respective laws. Beginning July 1, 1945, the term ``wildlife-
restoration project'', as defined in section 2 of this Act,
shall include maintenance of completed projects.
Notwithstanding any other provisions of this Act, funds
apportioned to a State under this Act may be expended by the
State for management (exclusive of law enforcement and public
relations) of wildlife areas and resources. Funds from the
Wildlife Conservation and Restoration Account may be used for a
wildlife conservation education program, except that no such
funds may be used for education efforts, projects, or programs
that promote or encourage opposition to the regulated taking of
wildlife.
[(b) Each State]
(b) Expenditures for Management of Wildlife Areas and
Resources.--
(1) In general.--Except as provided in paragraph (2),
each State ;may use the funds apportioned to it under
section 4(c) to pay up to 75 per centum of the costs of
a hunter safety program and the [construction,
operation,] operation and maintenance of public target
ranges, as a part of such program. [The non-Federal
share]
(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) Non-federal share.--The non-Federal share; of
such costs may be derived from license fees paid by
hunters, but not from other Federal grant programs.
[The Secretary]
(4) Regulations.--The Secretary;shall issue not later
than the 120th day after the effective date of this
subsection such regulations as he deems advisable
relative to the criteria for the establishment of
hunter safety programs and public target ranges under
this subsection.
* * * * * * *
SEC. 10. [16 U.S.C. 669H-1] FIREARM AND BOW HUNTER EDUCATION AND SAFETY
PROGRAM GRANTS.
(a) In General.--
(1) Grants.--Of the revenues covered into the fund,
$7,500,000 for each of fiscal years 2001 and 2002, and
$8,000,000 for fiscal year 2003 and each fiscal year
thereafter, shall be apportioned among the States in
the manner specified in section 4(c) by the Secretary
of the Interior and used to make grants to the States
to be used for--
(A) in the case of a State that has not used
all of the funds apportioned to the State under
section 4(c) for the fiscal year in the manner
described in section 8(b)--
(i) the enhancement of hunter
education programs, hunter and sporting
firearm safety programs, and hunter
development programs;
(ii) the enhancement of interstate
coordination and development of hunter
education and shooting range programs;
(iii) the enhancement of bow hunter
and archery education, safety, and
development programs; and
(iv) the enhancement of construction
or development of firearm shooting
ranges and archery ranges, and the
updating of safety features of firearm
shooting ranges and archery ranges; and
(B) in the case of a State that has used all
of the funds apportioned to the State under
section 4(c) for the fiscal year in the manner
described in section 8(b), any use authorized
by this Act (including hunter safety programs
and the construction, operation, and
maintenance of public target ranges).
(2) Limitation on use.--Under paragraph (1), a State
shall not be required to use more than the amount
described in section 8(b) for hunter safety programs
and the construction, operation, and maintenance of
public target ranges.
(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) Cost Sharing.--The Federal share of the cost of any
activity carried out with a grant under this section shall not
exceed 75 percent of the total cost of the activity.]
(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.
(c) Period of Availability; Reapportionment.--
(1) Period of availability.--[Amounts made]
(A) In general.--Except as provided in
subparagraph (B), amounts made available and
apportioned for grants under this section shall
remain available only for the fiscal year for
which the amounts are apportioned.
(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.
* * * * * * *
MARINE MAMMAL PROTECTION ACT OF 1972
* * * * * * *
SEC. 2.
Sec. 2. [16 U.S.C. 1361] The Congress finds that--
(1)* * *
* * * * * * *
SEC. 104.
Sec. 104. [16 U.S.C. 1374] (a) The Secretary may issue
permits which authorize the taking or importation of any marine
mammal. Permits for the incidental taking of marine mammals in
the course of commercial fishing operations may only be issued
as specifically provided for in sections\6\ 101(a)(5) or 306,
or subsection (h) of this section.
---------------------------------------------------------------------------
\6\So in law. Probably should be ``section''. See section 5(b)(1)
of the Marine Mammal Protection Act Amendments of 1994 (P.L. 103-238,
108 Stat. 537).
---------------------------------------------------------------------------
(b) Any permit issued under this section shall--
(1) be consistent with any applicable regulation
established by the Secretary under section 103 of this
title, and
(2) specify
(A) the number and kind of animals which are
authorized to be taken or imported,
(B) the location and manner (which manner
must be determined by the Secretary to be
humane) in which they may be taken, or from
which they may be imported,
(C) the period during which the permit is
valid, and
(D) any other terms or conditions which the
Secretary deems appropriate.
In any case in which an application for a permit cites as a
reason for the proposed taking the overpopulation of a
particular species or population stock, the Secretary shall
first consider whether or not it would be more desirable to
transplant a number of animals (but not to exceed the number
requested for taking in the application) of that species or
stock to a location not then inhabited by such species or stock
but previously inhabited by such species or stock.
(c)(1) Any permit issued by the Secretary which authorizes
the taking or importation of a marine mammal for purposes of
scientific research, public display, or enhancing the survival
or recovery of a species or stock shall specify, in addition to
the conditions required by subsection (b) of this section, the
methods of capture, supervision, care, and transportation which
must be observed pursuant to such taking or importation. Any
person authorized to take or import a marine mammal for
purposes of scientific research, public display, or enhancing
the survival or recovery of a species or stock shall furnish to
the Secretary a report on all activities carried out by him
pursuant to that authority.
* * * * * * *
(5)\9\(A) The Secretary may issue a permit for the
importation of polar bear parts (other than internal
organs) taken in sport hunts in Canada to an applicant
which submits with its permit application proof that
the polar bear was legally harvested in Canada by the
applicant. Such a permit shall be issued if the
Secretary, in consultation with the Marine Mammal
Commission and after notice and opportunity for public
comment, finds that--
---------------------------------------------------------------------------
\9\Margins so in law. Section 5(b)(2)(D) of the Marine Mammal
Protection Act Amendments of 1994 (P.L. 103-238, 108 Stat. 539) added
paragraphs (5) through (10).
---------------------------------------------------------------------------
(i) Canada has a monitored and enforced sport
hunting program consistent with the purposes of
the Agreement on the Conservation of Polar
Bears;
(ii) Canada has a sport hunting program based
on scientifically sound quotas ensuring the
maintenance of the affected population stock at
a sustainable level;
(iii) the export and subsequent import are
consistent with the provisions of the
Convention on International Trade in Endangered
Species of Wild Fauna and Flora and other
international agreements and conventions; and
(iv) the export and subsequent import are not
likely to contribute to illegal trade in bear
parts.
(B) The Secretary shall establish and charge a
reasonable fee for permits issued under this paragraph.
All fees collected under this paragraph shall be
available to the Secretary until expended for use in
developing and implementing cooperative research and
management programs for the conservation of polar bears
in Alaska and Russia pursuant to section 113(d).
(C)(i) The Secretary shall undertake a scientific
review of the impact of permits issued under this
paragraph on the polar bear population stocks in Canada
within 2 years after the date of enactment of this
paragraph. The Secretary shall provide an opportunity
for public comment during the course of such review,
and shall include a response to such public comment in
the final report on such review.
(ii) The Secretary shall not issue permits under this
paragraph after September 30, 1996, if the Secretary
determines, based on the scientific review, that the
issuance of permits under this paragraph is having a
significant adverse impact on the polar bear population
stocks in Canada. The Secretary may review such
determination annually thereafter, in light of the best
scientific information available, and shall complete
the review not later than January 31 in any year a
review is undertaken. The Secretary may issue permits
under this paragraph whenever the Secretary determines,
on the basis of such annual review, that the issuance
of permits under this paragraph is not having a
significant adverse impact on the polar bear population
stocks in Canada.
[(D) The Secretary of the Interior shall, expeditiously after
the expiration of the applicable 30 day period under subsection
(d)(2), issue a permit for the importation of polar bear parts
(other than internal organs) from polar bears taken in sport
hunts in Canada before the date of enactment of the Marine
Mammal Protection Act Amendments of 1994\10\, to each applicant
who submits, with the permit application, proof that the polar
bear was legally harvested in Canada by the applicant. The
Secretary shall issue such permits without regard to the
provisions of subparagraphs (A) and (C)(ii) of this paragraph,
subsection (d)(3) of this section, and sections 101 and 102.
This subparagraph shall not apply to polar bear parts that were
imported before the effective date of this subparagraph.]
---------------------------------------------------------------------------
\10\Section 149 of the Department of the Interior and Related
Agencies Appropriations Act, 2004 (Public Law 108-108; 117 Stat. 1281)
provides:
(D)(i) The Secretary of the Interior shall,
expeditiously after the expiration of the applicable
30-day period under subsection (d)(2), issue a permit
for the importation of any polar bear part (other than
an internal organ) from a polar bear taken in a sport
hunt in Canada to any person--
(I) who submits, with the permit application,
proof that the polar bear was legally harvested
by the person before February 18, 1997; or
(II) who has submitted, in support of a
permit application submitted before May 15,
2008, proof that the polar bear was legally
harvested by the person before May 15, 2008,
from a polar bear population from which a
sport-hunted trophy could be imported before
that date in accordance with section 18.30(i)
of title 50, Code of Federal Regulations.
(ii) The Secretary shall issue permits under clause
(i)(I) without regard to subparagraphs (A) and (C)(ii)
of this paragraph, subsection (d)(3), and sections 101
and 102. Sections 101(a)(3)(B) and 102(b)(3) shall not
apply to the importation of any polar bear part
authorized by a permit issued under clause (i)(I). This
clause shall not apply to polar bear parts that were
imported before June 12, 1997.
(iii) The Secretary shall issue permits under clause
(i)(II) without regard to subparagraph (C)(ii) of this
paragraph or subsection (d)(3). Sections 101(a)(3)(B)
and 102(b)(3) shall not apply to the importation of any
polar bear part authorized by a permit issued under
clause (i)(II). This clause shall not apply to polar
bear parts that were imported before the date of
enactment of the Bipartisan Sportsmen's Act of 2016.
* * * * * * *
MIGRATORY BIRD TREATY ACT
* * * * * * *
SEC. 2.
Sec. 2. [16 U.S.C. 703] (a) In General.--
* * * * * * *
SEC. 3.
Sec. 3. [16 U.S.C. 704] (a) That subject to the provisions
and in order to carry out the purposes of the conventions, the
Secretary of Agriculture\3\ is authorized and directed, from
time to time, having due regard to the zones of temperature and
to the distribution, abundance, economic value, breeding
habits, and times and lines of migratory flight of such birds,
to determine when, to what extent, if at all, and by what
means, it is compatible with the terms of the conventions to
allow hunting, taking, capture, killing, possession, sale,
purchase, shipment, transportation, carriage, or export of any
such bird, or any part, nest, or egg thereof, and to adopt
suitable regulations permitting and governing the same, in
accordance with such determinations, which regulations shall
become effective when approved by the President.
---------------------------------------------------------------------------
\3\Section 4(f) of Reorg. Plan No. II of 1939 (5 U.S.C. App.)
transferred functions of the Secretary of Agriculture relating to
conservation of wildlife, game, and migratory birds to the Secretary of
the Interior.
---------------------------------------------------------------------------
[(b) It shall be unlawful for any person to--
[(1) take any migratory game bird by the aid of
baiting, or on or over any baited area, if the person
knows or reasonably should know that the area is a
baited area; or
[(2) place or direct the placement of bait on or
adjacent to an area for the purpose of causing,
inducing, or allowing any person to take or attempt to
take any migratory game bird by the aid of baiting on
or over the baited area.]
(b) Prohibition of Baiting.--
(1) Definitions.--In this subsection:
(A) Baited area.--
(i) In general.--The term `baited
area' means--
(I) any area on which salt,
grain, or other feed has been
placed, exposed, deposited,
distributed, or scattered, if
the salt, grain, or feed could
lure or attract migratory game
birds; and
(II) in the case of
waterfowl, cranes (family
Gruidae), and coots (family
Rallidae), a standing,
unharvested crop that has been
manipulated through activities
such as mowing, discing, or
rolling, unless the activities
are normal agricultural
practices.
(ii) Exclusions.--An area shall not
be considered to be a `baited area' if
the area--
(I) has been treated with a
normal agricultural practice;
(II) has standing crops that
have not been manipulated; or
(III) has standing crops that
have been or are flooded.
(B) Baiting.--The term `baiting' means the
direct or indirect placing, exposing,
depositing, distributing, or scattering of
salt, grain, or other feed that could lure or
attract migratory game birds to, on, or over
any areas on which a hunter is attempting to
take migratory game birds.
(C) Migratory game bird.--The term `migratory
game bird' means migratory bird species--
(i) that are within the taxonomic
families of Anatidae, Columbidae,
Gruidae, Rallidae, and Scolopacidae;
and
(ii) for which open seasons are
prescribed by the Secretary of the
Interior.
(D) Normal agricultural practice.--
(i) In general.--The term `normal
agricultural practice' means any
practice in 1 annual growing season
that--
(I) is carried out in order
to produce a marketable crop,
including planting, harvest,
post-harvest, or soil
conservation practices; and
(II) is recommended for the
successful harvest of a given
crop by the applicable State
office of the Cooperative
Extension System of the
Department of Agriculture, in
consultation with, and if
requested, the concurrence of,
the head of the applicable
State department of fish and
wildlife.
(ii) Inclusions.--
(I) In general.--Subject to
subclause (II), the term
`normal agricultural practice'
includes the destruction of a
crop in accordance with
practices required by the
Federal Crop Insurance
Corporation for agricultural
producers to obtain crop
insurance under the Federal
Crop Insurance Act (7 U.S.C.
1501 et seq.) on land on which
a crop during the current or
immediately preceding crop year
was not harvestable due to a
natural disaster (including any
hurricane, storm, tornado,
flood, high water, wind-driven
water, tidal wave, tsunami,
earthquake, volcanic eruption,
landslide, mudslide, drought,
fire, snowstorm, or other
catastrophe that is declared a
major disaster by the President
in accordance with section 401
of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C.
5170)).
(II) Limitations.--The term
`normal agricultural practice'
only includes a crop described
in subclause (I) that has been
destroyed or manipulated
through activities that include
(but are not limited to)
mowing, discing, or rolling if
the Federal Crop Insurance
Corporation certifies that
flooding was not an acceptable
method of destruction to obtain
crop insurance under the
Federal Crop Insurance Act (7
U.S.C. 1501 et seq.).
(E) Waterfowl.--The term `waterfowl' means
native species of the family Anatidae.
(2) Prohibition.--It shall be unlawful for any
person--
(A) to take any migratory game bird by
baiting or on or over any baited area, if the
person knows or reasonably should know that the
area is a baited area; or
(B) to place or direct the placement of bait
on or adjacent to an area for the purpose of
causing, inducing, or allowing any person to
take or attempt to take any migratory game bird
by baiting or on or over the baited area.
(3) Regulations.--The Secretary of the Interior may
promulgate regulations to implement this subsection.
``(4) Reports.--Annually, the Secretary of
Agriculture shall submit to the Secretary of the
Interior a report that describes any changes to normal
agricultural practices across the range of crops grown
by agricultural producers in each region of the United
States in which the recommendations are provided to
agricultural producers.
* * * * * * *
NORTH AMERICAN WETLANDS CONSERVATION ACT
* * * * * * *
SECTION 1. [16 U.S.C. 4401 note] SHORT TITLE.
This Act may be cited as the ``North American Wetlands
Conservation Act''.
SEC. 4. [16 U.S.C. 4403] ESTABLISHMENT OF NORTH AMERICAN WETLANDS
CONSERVATION COUNCIL.
(a) Council Membership.--(1) There shall be established a
North American Wetlands Conservation Council (hereinafter in
this Act referred to as the ``Council'') which shall consist of
nine members who may not receive compensation as members of the
Council. Of the Council members--
(A) one shall be the Director of the United States
Fish and Wildlife Service, who shall be the responsible
Federal official for ensuring Council compliance with
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.)\1\;
---------------------------------------------------------------------------
\1\The amendment made by section 112(1) of Public Law 101-593 (104
Stat. 2962) to insert ``, who shall be the responsible Federal official
for ensuring Council compliance with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.)'' after ``Service'' and before the
period was inserted after ``Service'' and before the semicolon to
reflect the probable intent of Congress.
---------------------------------------------------------------------------
(B) one shall be the [Secretary of the Board]
Executive Director of the Board of the National Fish
and Wildlife Foundation appointed pursuant to section
3(g)(2)(B) of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3702);
* * * * * * *
SEC. 6. [16 U.S.C. 4405] CONDITIONS RELATING TO WETLANDS CONSERVATION
PROJECTS.
(a) Projects in the United States.--(1) Subject to the
allocation requirements of section 8(a)(2) and the limitations
on Federal contributions under section 8(b) of this Act, the
Secretary shall assist in carrying out wetlands conservation
projects in the United States, which have been approved by the
Migratory Bird Conservation Commission, with the Federal funds
made available under this Act and section 3(b) of the Act of
September 2, 1937 (16 U.S.C. 669b(b)), as amended by this Act.
(2) Except as provided in paragraph (3), any lands or waters
or interests therein acquired in whole or in part by the
Secretary with the Federal funds made available under this Act
and section 3(b) of the Act of September 2, 1937 (16 U.S.C.
669b(b)), as amended by this Act, to carry out wetlands
conservation projects shall be included in the National
Wildlife Refuge System.
[(3) In lieu of]
(3) Provision of funds or conveyance of real property
interest.--
(A) In general.--In lieu of including in the
National Wildlife Refuge System any lands or
waters or interests therein acquired under this
Act, the Secretary may, with the concurrence of
the Migratory Bird Conservation Commission,
grant or otherwise provide the Federal funds
made available under this Act and section 3(b)
of the Act of September 2, 1937 (16 U.S.C.
669b(b)), as amended by this Act or convey any
real property interest acquired in whole or in
part with such funds without cost to a State or
to another public agency or other entity upon a
finding by the Secretary that the real property
interests should not be included in the
National Wildlife Refuge System: Provided, That
any grant recipient shall have been so
identified in the project description
accompanying the recommendation from the
Council and approved by the Migratory Bird
Conservation Commission. [The Secretary shall]
(B) Determination.--The Secretary shall not
convey any such interest to a State, another
public agency or other entity unless the
Secretary determines that such State, agency or
other entity is committed to undertake the
management of the property being transferred in
accordance with the objectives of this Act, and
the deed or other instrument of transfer
contains provisions for the reversion of title
to the property to the United States if such
State, agency or other entity fails to manage
the property in accordance with the objectives
of this Act. [Any real property interest
conveyed pursuant to this paragraph shall be
subject to such terms and conditions that will
ensure that the interest will be administered
for the long-term conservation and management
of the wetland ecosystem and the fish and
wildlife dependent thereon.]
(C) Real property.--Any real property
interest conveyed under this paragraph shall be
subject to terms and conditions that ensure
that--
(i) the real property interest will
be administered for the long-term
conservation and management of the
wetland ecosystem and the fish and
wildlife dependent on that ecosystem;
(ii) the grantor of a real property
interest has been provided with
information relating to all available
conservation options, including
conservation options that involve the
conveyance of a real property interest
for a limited period of time; and
(iii) the provision of the
information described in clause (ii)
has been documented.
* * * * * * *
SEC. 7. [16 U.S.C. 4406] AMOUNTS AVAILABLE TO CARRY OUT THIS ACT.
(a) Aid in Wildlife Restoration.--(1) [Amends section 3 of
the Act of September 2, 1937]
(2) [Amends section 4(a) of the Act of September 2, 1937]
(3) The amendments made by this subsection of this Act take
effect October 1, 1989.
(b) Migratory Bird Fines, Penalties, Forfeitures.--The sums
received under section 6 of the Migratory Bird Treaty Act (16
U.S.C. 707) as penalties or fines, or from forfeitures of
property are authorized to be appropriated to the Department of
the Interior for purposes of allocation under section 8 of this
Act. This subsection shall not be construed to require the sale
of instrumentalities.
(c) Authorization of Appropriations.--In addition to the
amounts made available under subsections (a) and (b) of this
section, there are authorized to be appropriated to the
Department of the Interior for purposes of allocation under
section 8 of this Act not to exceed--
(1) $55,000,000 for fiscal year 2003;
(2) $60,000,000 for fiscal year 2004;
(3) $65,000,000 for fiscal year 2005;
(4) $70,000,000 for fiscal year 2006; [and]
(5) $75,000,000 for each of fiscal years 2008 through
2012[.] ;and
(6) $50,000,000 for each of fiscal years 2016 through
2021.
(d) Availability of Funds.--Sums made available under this
section shall be available until expended.
* * * * * * *
AFRICAN ELEPHANT CONSERVATION ACT
* * * * * * *
SEC. 2001. [16 U.S.C. 4201 note] SHORT TITLE.
This title may be cited as the ``African Elephant
Conservation Act''.
SEC. 2306. [16 U.S.C. 4245] AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the Fund and to the Secretary a total of not to exceed
$5,000,000 for each of fiscal years [2007 through 2012] 2016
through 2020 to carry out this title, to remain available until
expended.
(b) Administrative Expenses.--Of amounts available each
fiscal year to carry out this title, the Secretary may expend
not more than 3 percent or $100,000, whichever is greater, to
pay the administrative expenses necessary to carry out this
title.
* * * * * * *
RHINOCEROS AND TIGER CONSERVATION ACT OF 1994
* * * * * * *
SECTION 1. [16 U.S.C. 5301 note] SHORT TITLE.
This Act may be cited as the ``Rhinoceros and Tiger
Conservation Act of 1994''.
SEC. 10. [16 U.S.C. 5306] AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the Fund 10,000,000 for each of fiscal years [2007 through
2012] 2016 through 2020 to carry out this Act, to remain
available until expended.
(b) Administrative Expenses.--Of amounts available each
fiscal year to carry out this Act, the Secretary may expend not
more than 3 percent or $100,000, whichever is greater, to pay
the administrative expenses necessary to carry out this Act.
ASIAN ELEPHANT CONSERVATION ACT OF 1997
* * * * * * *
SECTION 1. [16 U.S.C. 4261 note] SHORT TITLE.
This Act may be cited as the ``Asian Elephant Conservation
Act of 1997''.
SEC. 8. [16 U.S.C. 4266] AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the Fund $5,000,000 for each of fiscal years [2007 through
2012] 2016 through 2020 to carry out this Act, which may remain
available until expended.
(b) Administrative Expenses.--Of amounts available each
fiscal year to carry out this Act, the Secretary may expend not
more than 3 percent or $100,000, whichever is greater, to pay
the administrative expenses necessary to carry out this Act.
* * * * * * *
GREAT APE CONSERVATION ACT OF 2000
SEC. 6301. Findings and purposes
(a) Findings.--
(1) great ape populations have declined to the point
that the long-term survival of the species in the wild
is in serious jeopardy;
(2)* * *
* * * * * * *
SEC. 6303. Great ape conservation assistance
(a) In General.-- Subject to the availability of funds and in
consultation with other appropriate Federal officials, the
Secretary shall use amounts in the Fund to provide financial
assistance for projects for the conservation of great apes for
which project proposals are approved by the Secretary in
accordance with this section.
* * * * * * *
(i) Panel.--
(1) In General.--[Every 2 years] Within one year
after the date of the enactment of the Bipartisan
Sportsmen's Act of 2016, and every 5 years thereafter,
the Secretary [may convene] shall convene a panel of
experts to identify the greatest needs and priorities
for the conservation of great apes. The panel shall, to
the extent practicable, include representatives from
foreign range states with expertise in great ape
conservation.
(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.
[(2)] (4) Applicability of FACA.--The Federal
Advisory Committee Act (5 App. U.S.C.) shall not apply
to a panel convened under paragraph (1).
(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.
SEC. 6304. GREAT APE CONSERVATION FUND.
(a) Establishment--There is established in the Multinational
Species Conservation Fund a separate account to be known as the
``Great Ape Conservation Fund'', consisting of-
(1) amounts transferred to the Secretary of the
Treasury for deposit into the Fund under subsection (e)
of this section;
(2) amounts appropriated to the Fund under section
6305 of this title; and
(3) any interest earned on investment of amounts in
the Fund under subsection (c) of this section.
(b) Expenditures from Fund
(1) In general.--Subject to paragraph (2), upon
request by the Secretary, the Secretary of the Treasury
shall transfer from the Fund to the Secretary, without
further appropriation, such amounts as the Secretary
determines are necessary to provide assistance under
section 6303 of this title.
(2) Administrative expenses--Of the amounts in the
account available for each fiscal year, the Secretary
may expend not more than 3 percent, or up to [$100,000]
150,000, whichever is greater, to pay the
administrative expenses necessary to carry out this
chapter.
* * * * * * *
SEC. 6305. AUTHORIZATION OF APPROPRIATIONS
There are authorized to be appropriated to the Fund
$5,000,000 for each of fiscal years [2006 through 2010] 2016
through 2020.
* * * * * * *
CHAPTER 85-MARINE TURTLE CONSERVATION
SEC. 6601. FINDINGS AND PURPOSES
(a) Findings.--The Congress finds that-
(1) marine turtle populations have declined to the
point that the long-term survival of the loggerhead,
green, hawksbill, Kemp's ridley, olive ridley, and
leatherback turtle in the wild is in serious jeopardy;
(2)* * *
* * * * * * *
(b) Purpose--The purpose of this chapter is to assist in the
conservation of marine turtles and the nesting habitats of
marine turtles in foreign countries and territories of the
United States by supporting and providing financial resources
for projects to conserve the nesting habitats, conserve marine
turtles in those habitats, and address other threats to the
survival of marine turtles.
SEC. 6602. DEFINITIONS
In this chapter:
(1) CITES The term ``CITES'' means the Convention on
International Trade in Endangered Species of Wild Fauna
and Flora (27 UST 1087; TIAS 8249).
(2) Conservation the term ``conservation'' means the
use of all methods and procedures necessary to protect
nesting habitats of marine turtles in foreign countries
and territories of the United States and of marine
turtles in those habitats, including-
(3) Fund the term ``Fund'' means the Marine Turtle
Conservation Fund established by section 6604 of this
title.
(4) Marine turtle
(A)* * *
* * * * * * *
(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.
SEC. 6603. MARINE TURTLE CONSERVATION ASSISTANCE
(a) In general--Subject to the availability of funds and in
consultation with other Federal officials, the Secretary shall
use amounts in the Fund to provide financial assistance for
projects for the conservation of marine turtles for which
project proposals are approved by the Secretary in accordance
with this section.
(b) Project proposals--
(1) Eligible applicants--A proposal for a project for
the conservation of marine turtles may be submitted to
the Secretary by-
(A) any wildlife management authority of a
foreign country or territory of the United
States that has within its boundaries marine
turtle nesting habitat if the activities of the
authority directly or indirectly affect marine
turtle conservation; or
(B) any other person or group with the
demonstrated expertise required for the
conservation of marine turtles.
* * * * * * *
(d) Criteria for approval--The Secretary may approve a
project proposal under this section if the project will help
recover and sustain viable populations of marine turtles in the
wild by assisting efforts in foreign countries and territories
of the United States to implement marine turtle conservation
programs.
SEC. 6604. MARINE TURTLE CONSERVATION FUND
(a) Establishment--There is established in the Multinational
Species Conservation Fund a separate account to be known as the
``Marine Turtle Conservation Fund'', consisting of-
(1) amounts transferred to the Secretary of the
Treasury for deposit into the Fund under subsection
(e);
(2) amounts appropriated to the Fund under section
6605 of this title; and
(3) any interest earned on investment of amounts in
the Fund under subsection (c).
(b) Expenditures from Fund--
(1) In general--Subject to paragraph (2), on request
by the Secretary, the Secretary of the Treasury shall
transfer from the Fund to the Secretary, without
further appropriation, such amounts as the Secretary
determines are necessary to carry out section 6603 of
this title.
(2) Administrative Expenses--Of the amounts in the
account available for each fiscal year, the Secretary
may expend not more than 3 percent, or up to [$80,000]
$150,000, whichever is greater, to pay the
administrative expenses necessary to carry out this
chapter.
* * * * * * *
SEC. 6606. AUTHORIZATION OF APPROPRIATIONS
There is authorized to be appropriated to the Fund
5,000,000 for [each of fiscal years 2005 through 2009] each of
fiscal years 2016 through 2020.
* * * * * * *
Neotropical Migratory Bird Conservation Act
SECTION 1. [16 U.S.C. 6101 note] SHORT TITLE.
This Act may be cited as the ``Neotropical Migratory Bird
Conservation Act''.
[SEC. 10. [16 U.S.C. 6109] AUTHORIZATION OF APPROPRIATIONS.
[(a) In General.--There is authorized to be appropriated to
the Account to carry out this Act for each of fiscal years 2006
through 2010 the amount specified for that fiscal year in
subsection (b), to remain available until expended, of which
not less than 75 percent of the amounts made available for each
fiscal year shall be expended for projects carried out outside
the United States.
[(b) Authorized Amount.--The amount referred to in subsection
(a) is--
[(1) $5,000,000 for each of fiscal years 2006 and
2007;
[(2) $5,500,000 for fiscal year 2008;
[(3) $6,000,000 for fiscal year 2009; and
[(4) $6,500,000 for fiscal year 2010.
[(c) Availability.--Amounts appropriated under this section
may remain available until expended.
[(d) Allocation.--Of amounts appropriated under this section
for each fiscal year, not less than 75 percent shall be
expended for projects carried out outside the United States.]
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 2015
through 2020.
(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.
* * * * * * *
Water Resources Development Act of 1992
* * * * * * *
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water
Resources Development Act of 1992''.
SEC. 225. CHALLENGE COST-SHARING PROGRAM FOR THE MANAGEMENT OF
RECREATION FACILITIES.
(a) In General.--The Secretary is authorized to develop and
implement a program to share the cost of managing recreation
facilities and natural resources at water resource development
projects under the Secretary's jurisdiction.
(b) Cooperative Agreements.--To implement the program under
this section, the Secretary is authorized to enter into
cooperative agreements with non-Federal public and private
entities to provide for operation and management of recreation
facilities and natural resources at civil works projects under
the Secretary's jurisdiction where such facilities and
resources are being maintained at complete Federal expense.
(c) User Fees.--
(1) Collection of fees.--
(A) In general.--The Secretary may allow a
non-Federal public or private entity that has
entered into an agreement pursuant to
subsection (b) to collect user fees for the use
of developed recreation sites and facilities,
whether developed or constructed by that entity
or the Department of the Army.
(B) Use of visitor reservation services.--A
public or private entity described in
subparagraph (A) may use to manage fee
collections and reservations under this section
any visitor reservation service that the
Secretary has provided for by contract or
interagency agreement, subject to such terms
and conditions as the Secretary determines to
be appropriate.
(2) Use of fees.--A non-Federal public or private
entity that collects user fees under paragraph (1)
may--
(A) retain up to 100 percent of the fees
collected, as determined by the Secretary; and
(B) notwithstanding section 210(b)(4) of the
Flood Control Act of 1968 (16 U.S.C. 460d-
3(b)(4)), use that amount for operation,
maintenance, and management at the recreation
site at which the fee is collected.
(3) Terms and conditions.--The authority of a non-
Federal public or private entity under this subsection
shall be subject to such terms and conditions as the
Secretary determines necessary to protect the interests
of the United States.
[(c)] (d) Contributions.--For purposes of carrying out this
section the Secretary may accept contributions of funds,
materials, and services from non-Federal public and private
entities. Any funds received by the Secretary under this
section shall be deposited into the account in the Treasury of
the United States entitled ``Contributions and Advances, Rivers
and Harbors, Corps of Engineers (8662)'' and shall be available
until expended to carry out the purposes of this section.
* * * * * * *
NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT
* * * * * * *
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Fish and Wildlife
Foundation Establishment Act''.
SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.
(a) Establishment and Membership.--
(1) In general.--The Foundation shall have a
governing Board of Directors (referred to in this Act
as the ``Board''), which shall consist of 30 Directors
appointed in accordance with subsection (b), each of
whom shall be a United States citizen.
(2) Representation of diverse points of view.--To the
maximum extent practicable, the membership of the Board
shall represent diverse points of view relating to
conservation and management of fish, wildlife, plants,
and other natural resources.
(3) Not federal employees.--Appointment as a Director
of the Foundation shall not constitute employment by,
or the holding of an office of, the United States for
the purpose of any Federal law.
(b) Appointment and Terms.--
(1) Agency heads.--The Director of the United States
Fish and Wildlife Service and the Under Secretary of
Commerce for Oceans and Atmosphere shall be Directors
of the Foundation.
[(2) Appointments by the secretary of the
interior].--
(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.
[(3) Terms.--
[(A) In general.--Subject to subparagraph
(B), each Director (other than a Director
described in paragraph (1)) shall be appointed
for a term of 6 years.
[(B) Initial appointments to new member
positions.--Of the Directors appointed by the
Secretary of the Interior under paragraph
(2)(B)(ii), the Secretary shall appoint, in
fiscal year 2001, three Directors for a term of
6 years.
[(C) Subsequent appointments to new member
positions.--Of the Directors appointed by the
Secretary of the Interior under paragraph
(2)(B)(ii), the Secretary shall appoint, in
fiscal year 2002--
[(i) two Directors for a term of 2
years; and
[(ii) three Directors for a term of 4
years.]
(3) Terms.--Each Director (other than a Director
described in paragraph (1)) shall be appointed for a
term of 6 years.
* * * * * * *
(g) General Powers.--
(1) The Board may complete the organization of the
Foundation by--
(A) appointing officers and employees;
(B) adopting a constitution and bylaws
consistent with the purposes of the Foundation
and the provisions of this Act; and
(C) undertaking of other such acts as may be
necessary to carry out the provisions of this
Act.
(2) The following limitations apply with respect to
the appointment of officers and employees of the
Foundation:
[(A) Officers and employees may not be
appointed until the Foundation has sufficient
funds to pay them for their service. Officers]
(A) In general.--Officers and employees of
the Foundation shall be appointed without
regard to the provisions of title 5, United
States Code, governing appointments in the
competitive service, and may be paid without
regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title
relating to classification and General Schedule
pay rates.
[(B) The first officer or employee appointed
by the Board shall be the Secretary of the
Board who--
[(i) shall serve, at the direction of
the Board, as its chief operating
officer; and
[(ii) shall be knowledgeable and
experienced in matters relating to fish
and wildlife conservation.]
(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.
* * * * * * *
SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.
(a) In General.--The Foundation--
(1) shall have perpetual succession;
(2) may conduct business throughout the several
States, territories, and possessions of the United
States and abroad;
(3) shall have its principal offices in the District
of Columbia or in a county in the State of Maryland or
Virginia that borders on the District of Columbia; and
(4) shall at all times maintain a designated agent
authorized to accept service of process for the
Foundation.
The serving of notice to, or service of process upon, the agent
required under paragraph (4), or mailed to the business address
of such agent, shall be deemed as service upon or notice to the
Foundation.
(b) Seal.--The Foundation shall have an official seal
selected by the Board which shall be judicially noticed.
[(c) Powers.--To carry out its purposes under]
(c) Powers.--
(1) In general.--To carry out the purposes described
in; section 2, the Foundation shall have, in addition
to the powers otherwise given it under this Act, the
usual powers of a corporation acting as a trustee in
the District of Columbia, including the power--
[(1)] (A) to accept, receive, solicit, hold,
administer, and use any gift, devise, or
bequest, either absolutely or in trust, of real
or personal property or any income therefrom or
other interest therein;
[(2)] (B) to acquire by purchase or exchange
any real or personal property or interest
therein, subject to subsection (e);
[(3)] (C) to invest any funds provided to the
Foundation by the Federal Government in
obligations of the United States or in
obligations or securities that are guaranteed
or insured by the United States;
[(4)] (D) to deposit any funds provided to
the Foundation by the Federal Government into
accounts [that are insured by an agency or
instrumentality of the United States] at 1 or
more financial institutions that are members of
the Federal Deposit Insurance Corporation or
the Securities Investment Protection
Corporation;
[(5)] (E) to make use of any interest or
investment income that accrues as a consequence
of actions taken under [paragraph (3) or (4)]
subparagraph (C) or (D) to carry out the
purposes of the Foundation;
[(6)] (F) to use Federal funds to make
payments under cooperative agreements entered
into with willing private landowners to provide
substantial long-term benefits for the
restoration or enhancement of fish, wildlife,
plants, and other natural resources on private
land;
[(7)] (G) unless otherwise required by the
instrument of transfer, to sell, donate, lease,
invest, reinvest, retain or otherwise dispose
of any property or income therefrom;
[(8)] (H) to borrow money and issue bonds,
debentures, or other debt instruments;
[(9)] (I) to sue and be sued, and complain
and defend itself in any court of competent
jurisdiction, except that the Directors of the
Foundation shall not be personally liable,
except for gross negligence;
[(10)] (J) to enter into contracts or other
arrangements with public agencies and private
organizations and persons and to make such
payments as may be necessary to carry out its
functions[; and] ;
[(11)] (K) to do any and all acts necessary
and proper to carry out the purposes of the
Foundation.]
(K) to receive and administer restitution and
community service payments, amounts for
mitigation of impacts to natural resources, and
other amounts arising from legal, regulatory,
or administrative proceedings, subject to the
condition that the amounts are received or
administered for purposes that further the
conservation and management of fish, wildlife,
plants, and other natural resources; and
(L) to do acts necessary to carry out the
purposes of the Foundation.
[For purposes of this Act, an interest in real property shall
be treated as including, among other things, 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. A gift, devise, or bequest may be accepted by the
Foundation even though it is encumbered, restricted, or subject
to beneficial interests of private persons if any current or
future interest therein is for the benefit of the Foundation.]
(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.
[(f)(1) In carrying out the purposes under section 2(b), the
Foundation may establish a national whale conservation
endowment fund, to be used by the Foundation to support
research, management activities, or educational programs that
contribute to the protection, conservation, or recovery of
whale populations in waters of the United States.
[(2)(A) In a manner consistent with subsection (c)(1), the
Foundation may--
[(i) accept, receive, solicit, hold, administer, and
use any gift, devise, or bequest made to the Foundation
for the express purpose of supporting whale
conservation; and
[(ii) deposit in the endowment fund under paragraph
(1) any funds made available to the Foundation under
this subparagraph, including any income or interest
earned from a gift, devise, or bequest received by the
Foundation under this subparagraph.
[(B) To raise funds to be deposited in the endowment fund
under paragraph (1), the Foundation may enter into appropriate
arrangements to provide for the design, copyright, production,
marketing, or licensing, of logos, seals, decals, stamps, or
any other item that the Foundation determines to be
appropriate.
[(C)(i) The Secretary of Commerce may transfer to the
Foundation for deposit in the endowment fund under paragraph
(1) any amount (or portion thereof) received by the Secretary
under section 105(a)(1) of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1375(a)(1)) as a civil penalty assessed by the
Secretary under that section.
[(ii) The Directors of the Board shall ensure that any
amounts transferred to the Foundation under clause (i) for the
endowment fund under paragraph (1) are deposited in that fund
in accordance with this subparagraph.
[(3) It is the intent of Congress that in making expenditures
from the endowment fund under paragraph (1) to carry out
activities specified in that paragraph, the Foundation should
give priority to funding projects that address the conservation
of populations of whales that the Foundation determines--
[(A) are the most endangered (including the northern
right whale (Eubaleana glacialis)); or
[(B) most warrant, and are most likely to benefit
from, research management, or educational activities
that may be funded with amounts made available from the
fund.
[(g) In carrying out any action on the part of the Foundation
under subsection (f), the Directors of the Board shall consult
with the Administrator of the National Oceanic and Atmospheric
Administration and the Marine Mammal Commission.]
[(h)] (f) Expenditures for Printing Services or Capital
Equipment.--The Foundation shall not make any expenditure of
Federal funds in connection with any one transaction for
printing services or capital equipment that is greater than
$10,000 unless the expenditure is approved by the Federal
agency that administers the Federal program under which the
funds were provided.
[(i)] (g) Notice to Members of Congress.--The Foundation
shall not make a grant of Federal funds in an amount greater
than $10,000 unless, by not later than 30 days before the grant
is made, the Foundation provides notice of the grant to the
Member of Congress for the congressional district in which the
project to be funded with the grant will be carried out.
* * * * * * *
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--
[(1) In general.--There are authorized to be
appropriated to carry out this Act for each of fiscal
years 2006 through 2010--
[(A) $25,000,000 to the Department of the
Interior; and
[(B) $5,000,000 to the Department of
Commerce.]
(1) In general.--There are authorized to be
appropriated to carry out this Act for each of fiscal
years 2015 through 2020--
(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.
* * * * * * *
(b) Additional Authorization.--
[(1) In general.--In addition to the amounts
authorized to be appropriated under subsection (a), the
Foundation may accept Federal funds from a Federal
agency under any other Federal law for use by the
Foundation to further the conservation and management
of fish, wildlife, plants, and other natural resources
in accordance with the requirements of this Act.]
(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.
(2) Use of [funds] Amounts accepted from federal
agencies.--Federal funds provided to the Foundation
under paragraph (1) [shall be used] may be used by the
Foundation for matching, in whole or in part,
contributions (whether in currency, services, or
property) made to the Foundation by private persons
[and State and local government agencies] , State and
local government agencies, and other entities.
(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.
(c) Prohibition on Use of Grant Amounts for Litigation and
Lobbying Expenses.--Amounts provided as a grant by the
Foundation shall not be used for--
(1) any expense related to litigation; or
(2) any activity the purpose of which is to influence
legislation pending before Congress.
(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.
SEC. 11. LIMITATION ON AUTHORITY.
Nothing in this Act authorizes the Foundation to perform any
function the exclusive authority for which is provided to the
National Park Foundation by subchapter II of chapter 1011 of
title 54, United States Code.
* * * * * * *
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
* * * * * * *
SECTION 1. [7 U.S.C. prec. 121] SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal
Insecticide, Fungicide, and Rodenticide Act''.
SEC. 3. [7 U.S.C. 136a] REGISTRATION OF PESTICIDES.
(a) Requirement of Registration.--Except as provided by this
Act, no person in any State may distribute or sell to any
person any pesticide that is not registered under this Act. To
the extent necessary to prevent unreasonable adverse effects on
the environment, the Administrator may by regulation limit the
distribution, sale, or use in any State of any pesticide that
is not registered under this Act and that is not the subject of
an experimental use permit under section 5 or an emergency
exemption under section 18.
(b) Exemptions.--A pesticide which is not registered with the
Administrator may be transferred if--
(1)* * *
* * * * * * *
(f) Miscellaneous.--
(1) Effect of change of labeling or formulation.--If
the labeling or formulation for a pesticide is changed,
the registration shall be amended to reflect such
change if the Administrator determines that the change
will not violate any provision of this Act.
(2) Registration not a defense.--In no event shall
registration of an article be construed as a defense
for the commission of any offense under this Act. As
long as no cancellation proceedings are in effect
registration of a pesticide shall be prima facie
evidence that the pesticide, its labeling and packaging
comply with the registration provisions of the Act.
(3) Authority to consult other federal agencies.--In
connection with consideration of any registration or
application for registration under this section, the
Administrator may consult with any other Federal
agency.
(4) Mixtures of nitrogen stabilizers and fertilizer
products.--Any mixture or other combination of--
(A) 1 or more nitrogen stabilizers registered
under this Act; and
(B) 1 or more fertilizer products,
shall not be subject to the provisions of this section
or sections 4, 5, 7, 15, and 17(a)(2) if the mixture or
other combination is accompanied by the labeling
required under this Act for the nitrogen stabilizer
contained in the mixture or other combination, the
mixture or combination is mixed or combined in
accordance with such labeling, and the mixture or
combination does not contain any active ingredient
other than the nitrogen stabilizer.
(5) Use of authorized pesticides.--Except as provided
in section 402(s) of the Federal Water Pollution
Control Act (33 U.S.C. 1342), the Administrator or a
State shall not require a permit under that Act for a
discharge from a point source into navigable waters
of--
(A) a pesticide authorized for sale,
distribution, or use under this Act; or
(B) the residue of the pesticide, resulting
from the application of the pesticide.
* * * * * * *
Federal Water Pollution Control Act
* * * * * * *
Sec. 101. (a) The objective of this Act is to restore and
maintain the chemical, physical, and biological integrity of
the Nation's waters. In order to achieve this objective it is
hereby declared that, consistent with the provisions of this
Act--
(1)* * *
* * * * * * *
Sec. 402. (a)(1) Except as provided in sections 318 and 404
of this Act, the Administrator may, after opportunity for
public hearing, issue a permit for the discharge of any
pollutant, or combination of pollutants, notwithstanding
section 301(a), upon condition that such discharge will meet
either (A) all applicable requirements under sections 301, 302,
306, 307, 308, and 403 of this Act, or (B) prior to the taking
of necessary implementing actions relating to all such
requirements, such conditions as the Administrator determines
are necessary to carry out the provisions of this Act.
(2)* * *
* * * * * * *
(r) Discharges Incidental to the Normal Operation of
Recreational Vessels.--No permit shall be required under this
Act by the Administrator (or a State, in the case of a permit
program approved under subsection (b)) for the discharge of any
graywater, bilge water, cooling water, weather deck runoff, oil
water separator effluent, or effluent from properly functioning
marine engines, or any other discharge that is incidental to
the normal operation of a vessel, if the discharge is from a
recreational vessel.
(s) Discharges of Pesticides.--
(1) No permit requirement.--Except as provided in
paragraph (2), a permit shall not be required by the
Administrator or a State under this Act for a discharge
from a point source into navigable waters of--
(A) a pesticide authorized for sale,
distribution, or use under the Federal
Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136 et seq.); or
(B) the residue of the pesticide, resulting
from the application of the pesticide.
(2) Exceptions.--Paragraph (1) shall not apply to the
following discharges of a pesticide or pesticide
residue:
(A) A discharge resulting from the
application of a pesticide in violation of a
provision of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et
seq.) relevant to protecting water quality if--
(i) the discharge would not have
occurred without the violation; or
(ii) the amount of pesticide or
pesticide residue in the discharge is
greater than would have occurred
without the violation.
(B) Stormwater discharges subject to
regulation under subsection (p).
(C) The following discharges subject to
regulation under this section:
(i) Manufacturing or industrial
effluent.
(ii) Treatment works effluent.
(iii) Discharges incidental to the
normal operation of a vessel, including
a discharge resulting from ballasting
operations or vessel biofouling
prevention.
* * * * * * *
SUBMERGED LANDS ACT
Sec. 2. When used in this Act--
(a) The term ``lands beneath navigable waters'' means--
(1) all lands within the boundaries of each of the
respective States which are covered by nontidal waters
that were navigable under the laws of the United States
at the time such State became a member of the Union, or
acquired sovereignty over such lands and waters
thereafter, up to the ordinary high water mark as
heretofore or hereafter modified by accretion, erosion,
and reliction;
(2) all lands permanently or periodically covered by
tidal waters up to but not above the line of mean high
tide and seaward to a line three geographical miles
distant from the coast line of each such State , or 3
marine leagues distant from the coast line of a State
described in section 4(b), and to the boundary line of
each such State where in any case such boundary as it
existed at the time such State became a member of the
Union, or as heretofore approved by Congress, extends
seaward (or into the Gulf of Mexico) beyond three
geographical miles, and
(3) all filled in, made, or reclaimed lands which
formerly were lands beneath navigable waters, as
hereinabove defined;
(b) The term ``boundaries'' includes the seaward boundaries
of a State or its boundaries in the Gulf of Mexico or any of
the Great Lakes as they existed at the time such State became a
member of the Union, or as heretofore approved by the Congress,
or as extended or confirmed pursuant to section 4 hereof but in
no event shall the term ``boundaries'' or the term ``lands
beneath navigable waters'' be interpreted as extending [from
the coast line] more than three geographical miles from the
coast line of a State, or more than 3 marine leagues from the
coast line of a State described in section 4(b), into the
Atlantic Ocean or the Pacific Ocean, or more than three marine
leagues from the coast line of a State, or more than 3 marine
leagues from the coast line of a State described in section
4(b), into the Gulf of Mexico, except that any boundary between
a State and the United States under this Act which has been or
is hereafter fixed by coordinates under a final decree of the
United States Supreme Court shall remain immobilized at the
coordinates provided under such decree and shall not be
ambulatory;
* * * * * * *
Sec. 3. Rights of the States.--
(a) It is hereby determined and declared to be in the public
interest that (1) title to and ownership of the lands beneath
navigable waters within the boundaries of the respective
States, and the natural resources within such lands and waters,
and (2) the right and power to manage, administer, lease,
develop, and use the said lands and natural resources all in
accordance with applicable State law be, and they are hereby,
subject to the provisions hereof, recognized, confirmed,
established, and vested in and assigned to the respective
States or the persons who were on June 5, 1950, entitled
thereto under the law of the respective States in which the
land is located, and the respective grantees, lessees, or
successors in interest thereof;
(b)(1)* * *
* * * * * * *
Sec. 4. Seaward Boundaries.--[The]
(a) General Rule.--
(1) In general.--Except for the States described in
subsection (b), the seaward boundary of each original
coastal State is hereby approved and confirmed as a
line three geographical miles distant from its coast
line or, in the case of the Great Lakes, to the
international boundary. [Any State]
(2) Extensions.--Any State admitted subsequent to the
formation of the Union which has not already done so
may extend its seaward boundaries to a line three
geographical miles distant from its coast line, or to
the international boundaries of the United States in
the Great Lakes or any other body of water traversed by
such boundaries. [Any claim]
(3) Claims.--Any claim heretofore or hereafter
asserted either by constitutional provision, statute,
or otherwise, indicating the intent of a State so to
extend its boundaries is hereby approved and confirmed,
without prejudice to its claim, if any it has, that its
boundaries extend beyond that line. [Nothing]
(4) Prior approval.--Nothing in this section is to be
construed as questioning or in any manner prejudicing
the existence of any State's seaward boundary beyond
three geographical miles if it was so provided by its
constitution or laws prior to or at the time such State
became a member of the Union, or if it has been
heretofore approved by Congress.
(b) Seaward Boundaries of Certain Coastal States.--Subject to
subsection (a), for management activities pursuant to the
fishery management plan for the reef fish resources of the Gulf
of Mexico or any amendment to such plan, the seaward boundary
of each of the following States shall be a line 3 marine
leagues distant from the coast line of the State as of the date
that is 1 day before the date of enactment of this subsection:
(1) Alabama.
(2) Florida.
(3) Louisiana.
(4) Mississippi.
[all]