H.R. 8811 Text - Reported in House - 118th Congress (2023-2024)

Union Calendar No. 778

118th CONGRESS
2d Session

H. R. 8811

[Report No. 118–753, Part I]

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

IN THE HOUSE OF REPRESENTATIVES

June 21, 2024

Mr. Wittman (for himself, Mrs. Kiggans of Virginia, Mrs. Dingell, and Mr. Thompson of California) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure, Agriculture, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

November 18, 2024

Reported from the Committee on Natural Resources with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

November 18, 2024

Referral to the Committees on Transportation and Infrastructure, Agriculture, and Energy and Commerce extended for a period ending not later than December 19, 2024

December 19, 2024

Additional sponsors: Mr. Panetta and Ms. Tlaib

December 19, 2024

Committees on Transportation and Infrastructure, Agriculture, and Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

[For text of introduced bill, see copy of bill as introduced on June 21, 2024]

A BILL

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title; table of contents.

(a) Short title.—This Act may be cited as the “America’s Conservation Enhancement Reauthorization Act of 2024”.

(b) Table of contents.—The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.
TITLE I—WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION

Sec. 101. Losses of livestock due to depredation by federally protected species.
Sec. 102. Black vulture livestock protection program.
Sec. 103. Chronic Wasting Disease Task Force.
Sec. 104. Protection of water, oceans, coasts, and wildlife from invasive species.
Sec. 105. North American Wetlands Conservation Act.
Sec. 106. National Fish and Wildlife Foundation Establishment Act.
Sec. 107. Modification of definition of sport fishing equipment under TSCA.
Sec. 108. Chesapeake Bay Program.
Sec. 109. Chesapeake Bay Initiative Act of 1998.
Sec. 110. Chesapeake Watershed Investments for Landscape Defense.TITLE II—NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS

Sec. 201. National Fish Habitat Board.
Sec. 202. Fish Habitat Partnerships.
Sec. 203. Fish habitat conservation projects.
Sec. 204. Technical and scientific assistance.
Sec. 205. Accountability and reporting.
Sec. 206. Funding.
Sec. 207. Technical correction.

TITLE I—Wildlife Enhancement, Disease, and Predation
SEC. 101. Losses of livestock due to depredation by federally protected species.
Section 102(d) of the America’s Conservation Enhancement Act (7 U.S.C. 8355(d)) is amended, in the matter preceding paragraph (1), by striking “2025” and inserting “2030”.
SEC. 102. Black vulture livestock protection program.
Section 103 of the America’s Conservation Enhancement Act (7 U.S.C. 8356) is amended—

(1) in the section heading, by inserting “; black vulture livestock protection program” after “common ravens” and conforming the table of contents accordingly;

(2) by redesignating subsections (a) through (c) as paragraphs (1) through (3), respectively, and indenting appropriately;

(3) in each of paragraphs (2) and (3) (as so redesignated), by striking “subsection (a)” and inserting “paragraph (1)”;

(4) by inserting before paragraph (1) (as so redesignated) the following:

“(a) Depredation permits for black vultures and common ravens.—”; and

(5) by adding at the end the following:

“(b) Black vulture livestock protection program.—

“(1) IN GENERAL.—The Secretary, in coordination with States, shall carry out, through fiscal year 2030, a black vulture livestock protection program (referred to in this subsection as the ‘program’) that allows 1 public entity or Farm Bureau organization per State to hold a statewide depredation permit to protect commercial agriculture livestock from black vulture predation.

“(2) REQUIREMENTS.—Each public entity or Farm Bureau organization that holds a depredation permit under the program—

“(A) shall—

“(i) demonstrate sufficient experience and capacity to provide government regulated services to the public, as determined by the Secretary;

“(ii) submit a complete depredation permit application, as determined by the Secretary, for review and approval according to procedures of the United States Fish and Wildlife Service;

“(iii) be responsible for complying with, and ensuring subpermittee compliance with, as applicable, all permit conditions; and

“(iv) be responsible for collecting, managing, and reporting required information under the permit; and

“(B) may subpermit to livestock producers to take black vultures for the purposes of livestock protection.

“(3) STUDY.—The Secretary, in consultation with the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service, shall carry out a study on whether prescribed take levels of black vultures may be increased for subpermittees within a biologically sustainable take level for the population.

“(4) REPORT.—Not later than 1 year after the date of enactment of the America’s Conservation Enhancement Reauthorization Act of 2024, the Secretary, in consultation with the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service, shall submit to the Chair and Ranking Member of the Committee on Environment and Public Works of the Senate and the Chair and Ranking Member of the Committee on Natural Resources of the House of Representatives a report on the status of the program, including the results of the study required under paragraph (3).”.
SEC. 103. Chronic Wasting Disease Task Force.
Section 104 of the America’s Conservation Enhancement Act (16 U.S.C. 667h) is amended—

(1) in subsection (b)—

(A) in paragraph (1), by striking “after the completion of the study required by subsection (c)”; and

(B) in paragraph (5)(A), by striking “180 days after the date on which the study is completed under subsection (c)” and inserting “90 days after the date of the enactment of the America’s Conservation Enhancement Reauthorization Act of 2024. The efforts of the Task Force shall not be contingent on the completion of the study required by subsection (c)”; and

(2) in subsection (d)(1), by striking “2025” and inserting “2030”.
SEC. 104. Protection of water, oceans, coasts, and wildlife from invasive species.
Section 10(p) of the Fish and Wildlife Coordination Act (16 U.S.C. 666c–1(p)) is amended, in the matter preceding paragraph (1), by striking “2025” and inserting “2030”.
SEC. 105. North American Wetlands Conservation Act.
Section 7(c) of the North American Wetlands Conservation Act (16 U.S.C. 4406(c)) is amended by striking “2025” and inserting “2030”.
SEC. 106. National Fish and Wildlife Foundation Establishment Act.
Section 10 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended—

(1) in subsection (a)(1), in the matter preceding subparagraph (A), by striking “2025” and inserting “2030”; and

(2) in subsection (b)(1)—

(A) in subparagraph (A), by striking “and cooperative agreements,” and inserting “, cooperative agreements, participating agreements, and similar instruments used for providing partnership funds,”;

(B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;

(C) by inserting after subparagraph (A) the following:

“(B) FUNDING AGREEMENTS.—Federal departments, agencies, and instrumentalities may enter into a Federal funding agreement with the Foundation for a period of not more than 10 years.”; and

(D) in subparagraph (C) (as so redesignated), by inserting “, and should when possible,” after “may”.
SEC. 107. Modification of definition of sport fishing equipment under TSCA.
Section 108(a) of the America’s Conservation Enhancement Act (15 U.S.C. 2601 note) is amended by striking “During the 5-year period beginning on the date of enactment of this Act” and inserting “During the period beginning on the date of enactment of the America’s Conservation Enhancement Reauthorization Act of 2024 and ending on September 30, 2030”.
SEC. 108. Chesapeake Bay Program.
Section 117(j) of the Federal Water Pollution Control Act (33 U.S.C. 1267(j)) is amended—

(1) in paragraph (4), by striking “and” at the end;

(2) in paragraph (5), by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following:

“(6) for each of fiscal years 2026 through 2030, $92,000,000.”.
SEC. 109. Chesapeake Bay Initiative Act of 1998.
Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (Public Law 105–312; 112 Stat. 2963; 134 Stat. 920) is amended by striking “2025” and inserting “2030”.
SEC. 110. Chesapeake Watershed Investments for Landscape Defense.
Section 111(e)(1) of the America’s Conservation Enhancement Act (33 U.S.C. 1267 note) is amended by striking “2025” and inserting “2030”.

TITLE II—National Fish Habitat Conservation through Partnerships
SEC. 201. National Fish Habitat Board.
Section 203 of the America’s Conservation Enhancement Act (16 U.S.C. 8203) is amended—

(1) in subsection (a)(2)—

(A) in the matter preceding subparagraph (A), by striking “26 members” and inserting “28 members”;

(B) by amending subparagraph (A) to read as follows:

“(A) 2 shall be representatives of the Department of the Interior, including the United States Fish and Wildlife Service and the Bureau of Land Management;”; and

(C) by striking subparagraphs (G) and (H) and inserting the following:

“(G) 2 shall be representatives of Indian Tribes, of whom—

“(i) 1 shall be a representative of Indian Tribes in the State of Alaska; and

“(ii) 1 shall be a representative of Indian Tribes in States other than the State of Alaska;

“(H) 2 shall be representatives of—

“(i) the Regional Fishery Management Councils established by section 302(a)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1)); or

“(ii) the Marine Fisheries Commissions;”; and

(2) in subsection (e)(1)(B), by striking “all members” and inserting “the members present”.
SEC. 202. Fish Habitat Partnerships.
Section 204 of the America’s Conservation Enhancement Act (16 U.S.C. 8204) is amended—

(1) in subsection (e)—

(A) in paragraph (1), in the matter preceding subparagraph (A), by inserting “, subject to paragraph (3),” after “Act and”; and

(B) by adding at the end the following:

“(3) LIMITATION.—The Board shall only submit a report required under paragraph (1) in the fiscal years in which the Board is proposing modifications to, or new designations of, 1 or more Partnerships.”; and

(2) by amending subsection (f) to read as follows:

“(f) Designation or modification of partnership.—

“(1) IN GENERAL.—Congress shall have the exclusive authority to designate or modify a Partnership.

“(2) DESIGNATION OR MODIFICATION PROCESS.—A Partnership designation or modification the Board recommends to Congress shall be deemed to be approved by Congress if Congress does not pass a joint resolution of disapproval with respect to the designation or modification by the date that is 90 days after the date on which the relevant congressional committees receive such recommendation.”.
SEC. 203. Fish habitat conservation projects.
Section 205 of the America’s Conservation Enhancement Act (16 U.S.C. 8205) is amended—

(1) in subsection (b), by striking “for the following fiscal year”; and

(2) in subsection (e)—

(A) by striking paragraph (1) and inserting the following:

“(1) IN GENERAL.—The non-Federal share of the total cost of all fish habitat conservation projects carried out by a Partnership each year shall be at least 50 percent.”; and

(B) in paragraph (2), in the matter preceding subparagraph (A), by striking “Such non-Federal share of the cost of a fish habitat conservation project” and inserting “The non-Federal share described in paragraph (1)”.
SEC. 204. Technical and scientific assistance.
Section 206(a) of the America’s Conservation Enhancement Act (16 U.S.C. 8206(a)) is amended by inserting “, the Bureau of Land Management,” after “the Forest Service”.
SEC. 205. Accountability and reporting.
Section 209 of the America’s Conservation Enhancement Act (16 U.S.C. 8209) is amended—

(1) by striking subsection (b);

(2) in subsection (a)—

(A) by striking the subsection designation and heading and all that follows through “Not later than” in paragraph (1) and inserting the following:

“(a) In general.—Not later than”; and

(B) by redesignating paragraph (2) as subsection (b) and indenting appropriately; and

(3) in subsection (b) (as so redesignated)—

(A) in the matter preceding subparagraph (A), by striking “paragraph (1)” and inserting “subsection (a)”;

(B) by redesignating subparagraphs (A), (B), (C), and (D) as paragraphs (1), (2), (3), and (5), respectively, and indenting appropriately;

(C) in paragraph (3) (as so redesignated), by striking “and” at the end;

(D) by inserting after paragraph (3) (as so redesignated) the following:

“(4) a description of the status of fish habitats in the United States as identified by Partnerships; and”; and

(E) in paragraph (5) (as so redesignated)—

(i) by redesignating clauses (i) through (v) as subparagraphs (A) through (E), respectively, and indenting appropriately; and

(ii) in subparagraph (C) (as so redesignated), by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and indenting appropriately.
SEC. 206. Funding.
Section 212(a) of the America’s Conservation Enhancement Act (16 U.S.C. 8212(a)) is amended—

(1) in paragraph (1)—

(A) in the paragraph heading, by inserting “partnerships and” after “habitat”;

(B) by striking “2025” and inserting “2030”; and

(C) by inserting “Partnership operations under section 204 and” after “to provide funds for”;

(2) in paragraph (2), in the matter preceding subparagraph (A), by striking “2025” and inserting “2030”; and

(3) in paragraph (3), in the matter preceding subparagraph (A), by striking “2025” and inserting “2030”.
SEC. 207. Technical correction.
Section 211 of the America’s Conservation Enhancement Act (16 U.S.C. 8211) is amended, in the matter preceding paragraph (1), by striking “The Federal Advisory Committee Act (5 U.S.C. App.)” and inserting “Chapter 10 of title 5, United States Code (commonly known as the ‘Federal Advisory Committee Act’),”.

Union Calendar No. 778

118th CONGRESS
2d Session

H. R. 8811

[Report No. 118–753, Part I]

A BILL

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

December 19, 2024

Committees on Transportation and Infrastructure, Agriculture, and Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed