134 STAT. 905 PUBLIC LAW 116–188—OCT. 30, 2020 Public Law 116–188 116th Congress An Act To improve protections for wildlife, 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 Act’’. (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. Theodore Roosevelt Genius Prize for reducing human-predator conflict. Sec. 102. Losses of livestock due to depredation by federally protected species. Sec. 103. Depredation permits for black vultures and common ravens. Sec. 104. Chronic Wasting Disease Task Force. Sec. 105. Invasive species. Sec. 106. North American Wetlands Conservation Act. Sec. 107. National Fish and Wildlife Foundation Establishment Act. Sec. 108. Modification of definition of sport fishing equipment under Toxic Sub- stances Control Act. Sec. 109. Reauthorization of Chesapeake Bay Program. Sec. 110. Reauthorization of Chesapeake Bay Initiative Act of 1998. Sec. 111. Chesapeake watershed investments for landscape defense. TITLE II—NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS Sec. 201. Purpose. Sec. 202. Definitions. Sec. 203. National Fish Habitat Board. Sec. 204. Fish Habitat Partnerships. Sec. 205. Fish Habitat Conservation Projects. Sec. 206. Technical and scientific assistance. Sec. 207. Coordination with States and Indian Tribes. Sec. 208. Interagency Operational Plan. Sec. 209. Accountability and reporting. Sec. 210. Effect of this title. Sec. 211. Nonapplicability of Federal Advisory Committee Act. Sec. 212. Funding. Sec. 213. Prohibition against implementation of regulatory authority by Federal agencies through Partnerships. TITLE III—MISCELLANEOUS Sec. 301. Study to review conservation factors. Sec. 302. Study and report on expenditures. Sec. 303. Use of value of land for cost sharing. 16 USC 8201 note. America’s Conservation Enhancement Act. Oct. 30, 2020 [S. 3051] VerDate Sep 11 2014 14:46 Nov 04, 2020 Jkt 019139 PO 00188 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL188.116 PUBL188 wwoods2 on LAPJF8D0R2PROD with PUBLAW 134 STAT. 906 PUBLIC LAW 116–188—OCT. 30, 2020 TITLE I—WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION SEC. 101. THEODORE ROOSEVELT GENIUS PRIZE FOR REDUCING HUMAN-PREDATOR CONFLICT. (a) IN GENERAL.—Section 7001(d) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (16 U.S.C. 742b note; Public Law 116–9) is amended— (1) by striking ‘‘paragraph (7)(A)’’ each place such term appears and inserting ‘‘paragraph (8)(A)’’; (2) by striking ‘‘paragraph (7)(B)’’ each place such term appears and inserting ‘‘paragraph (8)(B)’’; (3) in paragraph (6)(C)(iv), by striking ‘‘subparagraph (C)’’ and inserting ‘‘clause (iii)’’; (4) by redesignating paragraph (7) as paragraph (8); (5) by inserting after paragraph (6) the following: ‘‘(7) THEODORE ROOSEVELT GENIUS PRIZE FOR REDUCING HUMAN-PREDATOR CONFLICT.— ‘‘(A) DEFINITIONS.—In this paragraph: ‘‘(i) BOARD.—The term ‘Board’ means the Reducing Human-Predator Conflict Technology Advisory Board established by subparagraph (C)(i). ‘‘(ii) PRIZE COMPETITION.—The term ‘prize competi- tion’ means the Theodore Roosevelt Genius Prize for reducing human-predator conflict established under subparagraph (B). ‘‘(B) AUTHORITY.—Not later than 180 days after the date of enactment of the America’s Conservation Enhance- ment Act, the Secretary shall establish under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) a prize competition, to be known as the ‘Theodore Roosevelt Genius Prize for reducing human-pred- ator conflict’— ‘‘(i) to encourage technological innovation with the potential to advance the mission of the United States Fish and Wildlife Service with respect to reducing the frequency of human-predator conflict using nonlethal means; and ‘‘(ii) to award 1 or more prizes annually for a technological advancement that promotes reducing human-predator conflict using nonlethal means, which may include the application and monitoring of tagging technologies. ‘‘(C) ADVISORY BOARD.— ‘‘(i) ESTABLISHMENT.—There is established an advisory board, to be known as the ‘Reducing Human- Predator Conflict Technology Advisory Board’. ‘‘(ii) COMPOSITION.—The Board shall be composed of not fewer than 9 members appointed by the Sec- retary, who shall provide expertise in— ‘‘(I) predator-human interactions; ‘‘(II) the habitats of large predators; ‘‘(III) biology; ‘‘(IV) technology development; ‘‘(V) engineering; ‘‘(VI) economics; Appointments. Deadline. VerDate Sep 11 2014 14:46 Nov 04, 2020 Jkt 019139 PO 00188 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL188.116 PUBL188 wwoods2 on LAPJF8D0R2PROD with PUBLAW 134 STAT. 907 PUBLIC LAW 116–188—OCT. 30, 2020 ‘‘(VII) business development and management; and ‘‘(VIII) any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph. ‘‘(iii) DUTIES.—Subject to clause (iv), with respect to the prize competition, the Board shall— ‘‘(I) select a topic; ‘‘(II) issue a problem statement; ‘‘(III) advise the Secretary regarding any opportunity for technological innovation to reduce human-predator conflict using nonlethal means; and ‘‘(IV) advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian Tribes, private entities, and research institutions with expertise or interest relating to reducing human-predator conflict using nonlethal means. ‘‘(iv) CONSULTATION.—In selecting a topic and issuing a problem statement for the prize competition under subclauses (I) and (II) of clause (iii), respectively, the Board shall consult widely with Federal and non- Federal stakeholders, including— ‘‘(I) 1 or more Federal agencies with jurisdic- tion over the management of native wildlife species at risk due to conflict with human activities; ‘‘(II) 1 or more State agencies with jurisdiction over the management of native wildlife species at risk due to conflict with human activities; ‘‘(III) 1 or more State, regional, or local wildlife organizations, the mission of which relates to the management of native wildlife species at risk due to conflict with human activities; and ‘‘(IV) 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associa- tions, or individual stakeholders with an interest in the management of native wildlife species at risk due to conflict with human activities. ‘‘(v) REQUIREMENTS.—The Board shall comply with all requirements under paragraph (8)(A). ‘‘(D) AGREEMENT WITH NATIONAL FISH AND WILDLIFE FOUNDATION.— ‘‘(i) IN GENERAL.—The Secretary shall offer to enter into an agreement under which the National Fish and Wildlife Foundation shall administer the prize competi- tion. ‘‘(ii) REQUIREMENTS.—An agreement entered into under clause (i) shall comply with all requirements under paragraph (8)(B). ‘‘(E) JUDGES.— ‘‘(i) APPOINTMENT.—The Secretary shall appoint not fewer than 3 judges who shall, except as provided Compliance. Compliance. VerDate Sep 11 2014 14:46 Nov 04, 2020 Jkt 019139 PO 00188 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL188.116 PUBL188 wwoods2 on LAPJF8D0R2PROD with PUBLAW 134 STAT. 908 PUBLIC LAW 116–188—OCT. 30, 2020 in clause (ii), select the 1 or more annual winners of the prize competition. ‘‘(ii) DETERMINATION BY SECRETARY.—The judges appointed under clause (i) shall not select any annual winner of the prize competition if the Secretary makes a determination that, in any fiscal year, none of the technological advancements entered into the prize com- petition merits an award. ‘‘(F) CONSULTATION WITH NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.—The Secretary shall con- sult with the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, in the case of a cash prize awarded under the prize competition for a technology that addresses con- flict between humans and marine predators under the juris- diction of the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. ‘‘(G) REPORT TO CONGRESS.—Not later than 60 days after the date on which a cash prize is awarded under this paragraph, the Secretary shall submit to the Com- mittee on Environment and Public Works of the Senate and the Committee on Natural Resources of the House of Representatives a report on the prize competition that includes— ‘‘(i) a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii); ‘‘(ii) if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the National Fish and Wildlife Foundation that describes the activi- ties carried out by the National Fish and Wildlife Foundation relating to the duties described in para- graph (8)(B); and ‘‘(iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the winner of the cash prize was selected. ‘‘(H) TERMINATION OF AUTHORITY.—The Board and all authority provided under this paragraph shall terminate on December 31, 2023.’’; and (6) in paragraph (8) (as redesignated)— (A) in subparagraph (A), by striking ‘‘or (6)(C)(i)’’ and inserting ‘‘(6)(C)(i), or (7)(C)(i)’’; and (B) in subparagraph (B)— (i) by striking ‘‘or (6)(D)(i)’’ and inserting ‘‘(6)(D)(i), or (7)(D)(i)’’; and (ii) in clause (i)(VII), by striking ‘‘and (6)(E)’’ and inserting ‘‘(6)(E), and (7)(E)’’. (b) SENSE OF CONGRESS.—It is the sense of Congress that data collected from the tagging of predators can inform innovative management of those predators and innovative education activities to minimize human-predator conflict. SEC. 102. LOSSES OF LIVESTOCK DUE TO DEPREDATION BY FEDER- ALLY PROTECTED SPECIES. (a) DEFINITIONS.—In this section: 7 USC 8355. VerDate Sep 11 2014 14:46 Nov 04, 2020 Jkt 019139 PO 00188 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL188.116 PUBL188 wwoods2 on LAPJF8D0R2PROD with PUBLAW 134 STAT. 909 PUBLIC LAW 116–188—OCT. 30, 2020 (1) DEPREDATION.— (A) IN GENERAL.—The term ‘‘depredation’’ means actual death, injury, or destruction of livestock that is caused by a federally protected species. (B) EXCLUSIONS.—The term ‘‘depredation’’ does not include damage to real or personal property other than livestock, including— (i) damage to— (I) other animals; (II) vegetation; (III) motor vehicles; or (IV) structures; (ii) diseases; (iii) lost profits; or (iv) consequential damages. (2) FEDERALLY PROTECTED SPECIES.—The term ‘‘federally protected species’’ means a species that is or previously was protected under— (A) the Act of June 8, 1940 (commonly known as the ‘‘Bald and Golden Eagle Protection Act’’) (54 Stat. 250, chapter 278; 16 U.S.C. 668 et seq.); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or (C) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.). (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ has the meaning given to the term ‘‘Indian tribe’’ in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (4) LIVESTOCK.— (A) IN GENERAL.—The term ‘‘livestock’’ means horses, mules and asses, rabbits, llamas, cattle, bison, swine, sheep, goats, poultry, bees, honey and beehives, or any other animal generally used for food or in the production of food or fiber. (B) INCLUSION.—The term ‘‘livestock’’ includes guard animals actively engaged in the protection of livestock described in subparagraph (A). (5) PROGRAM.—The term ‘‘program’’ means the grant pro- gram established under subsection (b)(1). (6) SECRETARIES.—The term ‘‘Secretaries’’ means— (A) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and (B) the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service. (b) GRANT PROGRAM FOR LOSSES OF LIVESTOCK DUE TO DEPRE- DATION BY FEDERALLY PROTECTED SPECIES.— (1) IN GENERAL.—The Secretaries shall establish a program to provide grants to States and Indian Tribes to supplement amounts provided by States, Indian Tribes, or State agencies under 1 or more programs established by the States and Indian Tribes (including programs established after the date of enact- ment of this Act)— (A) to assist livestock producers in carrying out— State and local governments. Native Americans. VerDate Sep 11 2014 14:46 Nov 04, 2020 Jkt 019139 PO 00188 Frm 00005 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL188.116 PUBL188 wwoods2 on LAPJF8D0R2PROD with PUBLAW 134 STAT. 910 PUBLIC LAW 116–188—OCT. 30, 2020 (i) proactive and nonlethal activities to reduce the risk of livestock loss due to depredation by federally protected species occurring on— (I) Federal, State, or private land within the applicable State; or (II) land owned by, or held in trust for the benefit of, the applicable Indian Tribe; and (ii) research relating to the activities described in clause (i); and (B) to compensate livestock producers for livestock losses due to depredation by federally protected species occurring on— (i) Federal, State, or private land within the applicable State; or (ii) land owned by, or held in trust for the benefit of, the applicable Indian Tribe. (2) ALLOCATION OF FUNDING.— (A) REPORTS TO THE SECRETARIES.—Not later than Sep- tember 30 of each year, a State or Indian Tribe desiring to receive a grant under the program shall submit to the Secretaries a report describing, for the 1-year period ending on that September 30, the losses of livestock due to depre- dation by federally protected species occurring on— (i) Federal, State, or private land within the applicable State; or (ii) land owned by, or held in trust for the benefit of, the applicable Indian Tribe. (B) ALLOCATION.—The Secretaries shall allocate avail- able funding to carry out this Act among States and Indian Tribes for a 1-year period ending on September 30 based on the losses described in the reports submitted for the previous 1-year period ending on September 30 under subparagraph (A). (3) ELIGIBILITY.—To be eligible to receive a grant under paragraph (1), a State or Indian Tribe shall— (A) designate an appropriate agency of the State or Indian Tribe to administer the 1 or more programs supple- mented by the gra [Text truncated for display. Full text available on Congress.gov.]