§ 3701. Establishment and purposes of Foundation

• (a) There is established the National Fish and Wildlife Foundation (hereinafter in this chapter referred to as the “Foundation”). The Foundation is a charitable and nonprofit corporation and is not an agency or establishment of the United States.
• (b) The purposes of the Foundation are—
  • (1) to encourage, accept, and administer private gifts of property for the benefit of, or in connection with, the activities and services of the United States Fish and Wildlife Service and the National Oceanic and Atmospheric Administration, to further the conservation and management of fish, wildlife, plants, and other natural resources;
  • (2) to undertake and conduct such other activities as will further the conservation and management of the fish, wildlife, and plant resources of the United States, and its territories and possessions, for present and future generations of Americans; and
  • (3) to participate with, and otherwise assist, foreign governments, entities, and individuals in undertaking and conducting activities that will further the conservation and management of the fish, wildlife, and plant resources of other countries.

§ 3702. Board of Directors of Foundation

• (a)
  • (1) The Foundation shall have a governing Board of Directors (referred to in this chapter 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) 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) 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)
  • (1) 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) 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) Each Director (other than a Director described in paragraph (1)) shall be appointed for a term of 6 years.
• (c) The Chairman shall be elected by the Board from its members for a two-year term.
• (d) A majority of the current membership of the Board shall constitute a quorum for the transaction of business.
• (e) The Board shall meet at the call of the Chairman at least once a year. If a Director misses three consecutive regularly scheduled meetings, that individual may be removed from the Board and that vacancy filled in accordance with subsection (b).
• (f) Members of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Foundation.
• (g)
  • (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 chapter; and
    • (C) undertaking of other such acts as may be necessary to carry out the provisions of this chapter.
  • (2) The following limitations apply with respect to the appointment of officers and employees of the Foundation:
    • (A) Officers and employees of the Foundation shall be appointed without regard to the provisions of title 5 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 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.

§ 3703. Rights and obligations of Foundation

• (a) 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.
• (b) The Foundation shall have an official seal selected by the Board which shall be judicially noticed.
• (c)
  • (1) To carry out the purposes described in section 3701 of this title , the Foundation shall have, in addition to the powers otherwise given it under this chapter, the usual powers of a corporation acting as a trustee in the District of Columbia, including the power—
    • (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;
    • (B) to acquire by purchase or exchange any real or personal property or interest therein, subject to subsection (e);
    • (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;
    • (D) to deposit any funds provided to the Foundation by the Federal Government into accounts at 1 or more financial institutions that are members of the Federal Deposit Insurance Corporation or the Securities Investment Protection Corporation;
    • (E) to make use of any interest or investment income that accrues as a consequence of actions taken under subparagraph (C) or (D) to carry out the purposes of the Foundation;
    • (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;
    • (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;
    • (H) to borrow money and issue bonds, debentures, or other debt instruments;
    • (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;
    • (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 function; and
    • (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.
  • (2)
    • (A) 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) 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) 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.
• (d) No lands or waters, or interests therein, that are owned by the Foundation and are determined by the Director of the United States Fish and Wildlife Service or the Migratory Bird Conservation Commission, as the case may be, to be valuable for purposes of fish and wildlife conservation or management shall be subject to condemnation by any State or political subdivision, or any agent or instrumentality thereof.
• (e)
  • (1) The Foundation may only use Federal funds for the acquisition of interests in real property if—
    • (A) the interest is a long-term property interest, and
    • (B) the Foundation notifies the Federal agency that administers the program under which the funds were provided of the proposed acquisition, and the agency does not object in writing to the proposed acquisition within 60 calendar days after the date of the notification.
  • (2) The Foundation shall convey to the United States Fish and Wildlife Service for inclusion within the National Wildlife Refuge System any real property acquired by the Foundation in whole or in part with Federal funds if the Director, within one year after the date on which the property was acquired by the Foundation, requests the conveyance in writing.
  • (3)
    • (A) Subject to subparagraph (B), the Foundation may—
      • (i) convey to another person any real property acquired in whole or in part with Federal funds and not conveyed under paragraph (2); and
      • (ii) grant or otherwise provide Federal funds to another person for purposes of assisting that person to acquire real property in whole or in part with such funds.
    • (B) The Foundation may only make a conveyance or provide Federal funds under subparagraph (A) if—
      • (i) the conveyance or provision is subject to terms and conditions that will ensure that the real property will be administered for the long-term conservation and management of fish and wildlife and in a manner that will provide for appropriate public access and use; and
      • (ii) the Foundation notifies the Federal agency that administers the Federal program under which the funds were provided of the proposed conveyance or provision of Federal funds, and the agency does not object in writing to the proposed conveyance or provision of Federal funds within 60 calendar days after the date of the notification.
  • (4) All real property acquired by the Foundation in whole or in part with Federal funds and held by it shall be administered for the conservation and management of fish and wildlife and in a manner that will provide for appropriate public access and use.
  • (5) The Foundation shall convey at not less than fair market value any real property acquired by the Foundation in whole or in part with Federal funds if the Foundation notifies the Federal agency that administers the Federal program under which the funds were provided, and the agency does not disagree within 60 calendar days after the date of the notification, that—
    • (A) the property is no longer valuable for the purpose of conservation or management of fish, wildlife, plants, and other natural resources; and
    • (B) the purposes of the Foundation would be better served by use of the proceeds of the conveyance for other authorized activities of the Foundation.
• (f) 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.
• (g) 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.

§ 3704. Administrative services and support

• (a) The Secretary may provide personnel, facilities, and other administrative services to the Foundation, including reimbursement of expenses under section 3702 of this title , not to exceed then current Federal Government per diem rates, for a period of up to five years from March 26, 1984 .
• (b) The Foundation may reimburse the Secretary for any administrative service provided under subsection (a). The Secretary shall deposit any reimbursement received under this subsection into the Treasury to the credit of the appropriations then current and chargeable for the cost of providing such services. Notwithstanding any other provision of this section, the Secretary of the Interior is authorized to continue to provide facilities, and necessary support services for such facilities, to the National Fish and Wildlife Foundation after March 26, 1989 , on a space available, reimbursable cost basis.

§ 3705. Volunteer status

The Secretary of the Interior or the Secretary of Commerce may accept, without regard to the civil service classification laws, rules, or regulations, the services of the Foundation, the Board, and the officers and employees of the Board, without compensation from the Department of the Interior or the Department of Commerce, as volunteers in the performance of the functions authorized herein, in the manner provided for under section 742f(c) of this title .

§ 3706. Audits, report requirements, and petition of Attorney General for equitable relief

• (a) For purposes of section 10101 of title 36 , the Foundation shall be treated as a Corporation in part B of subtitle II of title 36.
• (b) The Foundation shall, as soon as practicable after the end of each fiscal year, transmit to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a report of its proceedings and activities during such year, including a full and complete statement of its receipts, expenditures, and investments; and a description of all acquisition and disposal of real property that is subject to section 3703(e) of this title . The report shall include a detailed statement of the recipient, amount, and purpose of each grant made by the Foundation in the fiscal year.
• (c) If the Foundation—
  • (1) engages in, or threatens to engage in, any act, practice, or policy that is inconsistent with its purposes set forth in section 3701(b) of this title ; or
  • (2) refuses, fails, or neglects to discharge its obligations under this chapter, or threatens to do so;

§ 3707. United States release from liability

The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation nor shall the full faith and credit of the United States extend to any obligation of the Foundation.

§ 3708. Reservation of right to amend or repeal chapter

The Congress expressly reserves the right to repeal or amend this chapter at any time.

§ 3709. Authorization of appropriations

• (a)
  • (1) There are authorized to be appropriated to carry out this Act for each of fiscal years 2021 through 2025—
    • (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.
  • (2) The amount made available for a fiscal year under paragraph (1) shall be provided to the Foundation in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of the fiscal year.
  • (3) Subject to paragraph (4), amounts made available under paragraph (1) shall be provided to the Foundation for use for matching, on a 1-to-1 basis, contributions (whether in currency, services, or property) made to the Foundation, or to a recipient of a grant provided by the Foundation, by private persons and State and local government agencies.
  • (4) No Federal funds made available under paragraph (1) shall be used by the Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses.
• (b)
  • (1)
    • (A) In addition to the amounts authorized to be appropriated under subsection (a), Federal departments, agencies, or instrumentalities are authorized to provide funds to the Foundation through Federal financial assistance grants and cooperative agreements, 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) 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) The Foundation may assess and collect fees for the management of amounts received under this paragraph.
  • (2) Federal funds provided to the Foundation under paragraph (1) 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, State and local government agencies, and other entities.
  • (3)
    • (A) 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) The Foundation shall include in the annual report submitted under section 3706(b) of this title a description of any use of the authority under subparagraph (A) by a Federal department, agency, or instrumentality in that fiscal year.
• (c) 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) 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.

§ 3710. Limitation on authority

Nothing in this chapter 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.

§ 3741. Findings

The Congress finds the following:

• (1) Three-fourths of all American children and adults participate in wildlife-related recreational activities other than hunting, fishing and trapping.
• (2) In 1985, Americans spent over $14 billion on non-consumptive wildlife-related recreation.
• (3) The United States and Canada are inhabited by approximately two thousand six hundred vertebrate species of native fish and wildlife, which have provided food, clothing, and other essentials to a rapidly expanding human population.
• (4) Over 80 percent of vertebrate fish and wildlife species in North America are not harvested for human use.
• (5) The continued well-being of this once-abundant fish and wildlife resource, and even the very existence of many species, is in peril.
• (6) In 1967, the United States Fish and Wildlife Service reported that forty-five common migratory bird species, which are not hunted, had exhibited significant declines in abundance, and that thirteen of these species have experienced widespread, systematic declines of 46.9 percent during a twenty-year study period.
• (7) There have been nationwide declines in frogs and other amphibians.
• (8) Over two hundred and seventy-five of vertebrate fish and wildlife species in the United States are now officially classified as threatened or endangered by the Federal Government.
• (9) During the past decade, fish and wildlife species, including invertebrates, were added to the rapidly growing list of threatened and endangered species in North America at the average rate of over one per month.
• (10) Currently, eighty-two species of invertebrates in the United States are listed as threatened or endangered under the Endangered Species Act [ 16 U.S.C. 1531 et seq.], and another nine hundred and fifty-one United States invertebrate species are candidates for listing under that Act.
• (11) Proper management of fish and wildlife, before species become threatened or endangered with extinction, is the key to reversing the increasingly desperate status of fish and wildlife.
• (12) Proper fish and wildlife conservation includes not only management of fish and wildlife species taken for recreation and protection of endangered and threatened species, but also management of the vast majority of species which fall into neither category.
• (13) Partnerships in fish and wildlife conservation, such as the Federal Aid in Wildlife Restoration Program, the Federal Aid in Sport Fish Restoration Program, and the North American Wetlands Conservation Act [ 16 U.S.C. 4401 et seq.] have benefitted greatly the conservation of fish and wildlife and their habitats.
• (14) A program that encourages partnerships among Federal and State governments and private entities to carry out wildlife conservation and appreciation projects would benefit all species of fish and wildlife through such activities as management, research, and interagency coordination.
• (15) Many States, which are experiencing declining revenues, are finding it increasingly difficult to carry out projects to conserve the entire array of diverse fish and wildlife species and to provide opportunities for the public to associate with, enjoy, and appreciate fish and wildlife through nonconsumptive activities.

§ 3742. Purposes

The purposes of this chapter are to establish a partnership among the United States Fish and Wildlife Service, designated State agencies, and private organizations and individuals—

• (1) to carry out wildlife conservation and appreciation projects to conserve the entire array of diverse fish and wildlife species in the United States and to provide opportunities for the public to use and enjoy these fish and wildlife species through nonconsumptive activities;
• (2) to enable designated State agencies to respond more fully and utilize their statutory and administrative authorities by carrying out wildlife conservation and appreciation projects; and
• (3) to encourage private donations, under the leadership of the States and of the National Fish and Wildlife Foundation, to carry out wildlife conservation and appreciation projects.

§ 3743. Definitions

As used in this chapter—

• (1) The terms “conserve” and “conservation” mean to use, and the use of, such methods and procedures which are necessary to ensure, to the maximum extent practicable, the well being and enhancement of fish and wildlife and their habitats for the educational, aesthetic, cultural, recreational, scientific, and ecological enrichment of the public. Such methods and procedures may include, but are not limited to, any activity associated with scientific resources management, such as research, census, law enforcement, habitat acquisition, maintenance, development, information, education, population manipulation, propagation, technical assistance to private landowners, live trapping, and transplantation.
• (2) The term “designated State agency” means the government agency, department, or division of any State that is empowered under the laws of the State to exercise the functions ordinarily exercised by a State fish and wildlife agency.
• (3) The term “fish and wildlife” means wild members of the animal kingdom that are in an unconfined state.
• (4) The term “Fund” means the Wildlife Conservation and Appreciation Fund established under section 3744(g) of this title .
• (5) The term “National Fish and Wildlife Foundation” means the charitable and nonprofit corporation established under section 3701 of this title .
• (6) The term “nonconsumptive activities” means fish and wildlife associated activities other than harvesting of fish and wildlife and includes, but is not limited to, photographing, observing, learning about, or associating with, fish and wildlife.
• (7) The term “Secretary” means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.
• (8) The term “State” means any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the United States Virgin Islands, or American Samoa.
• (9) The term “wildlife conservation and appreciation project” means a project which is directed toward nonconsumptive activities or toward the conservation of those species of fish and wildlife that—
  • (A) are not ordinarily taken for recreation, fur, or food; except that if under applicable State law, any fish and wildlife may be taken for recreation, fur, or food in some but not all, areas of the State, a wildlife conservation and appreciation project may be directed toward the conservation of any of such fish and wildlife within any area of the State in which such taking is not permitted;
  • (B) are not listed as endangered species or threatened species under the Endangered Species Act of 1973, as amended ( 16 U.S.C. 1531–154 3); and
  • (C) are not marine mammals within the meaning of section 1362(6) of this title .

§ 3744. Wildlife partnership program

• (a) The Secretary shall provide the amounts available in the Fund to designated State agencies on a matching basis to assist in carrying out wildlife conservation and appreciation projects that are eligible under subsection (b) of this section.
• (b) The following wildlife conservation and appreciation projects shall be eligible for matching funds from the Fund:
  • (1) inventory of fish and wildlife species;
  • (2) determination and monitoring of the size, range and distribution of populations of fish and wildlife species;
  • (3) identification of the extent, condition, and location of the significant habitats of fish and wildlife species;
  • (4) identification of the significant problems that may adversely affect fish and wildlife species and their significant habitats;
  • (5) actions to conserve fish and wildlife species and their habitats; and
  • (6) actions of which the principal purpose is to provide opportunities for the public to use and enjoy fish and wildlife through nonconsumptive activities.
• (c) The Secretary shall not provide funding to carry out an eligible wildlife conservation and appreciation project unless the Secretary determines that such a project—
  • (1) is planned adequately to accomplish the stated objective or objectives;
  • (2) utilizes accepted fish and wildlife management principles, sound design and appropriate procedures;
  • (3) will yield benefits pertinent to the identified need at a level commensurate with project costs;
  • (4) provides for the tracking of costs and accomplishments related to the project;
  • (5) provides for monitoring, evaluating, and reporting of the accomplishment of project objectives; and
  • (6) complies with all applicable Federal environmental laws and regulations.
• (d) The amount of appropriated Federal funds provided from the Fund by the Secretary to any designated State Agency with respect to any fiscal year to carry out an eligible wildlife conservation and appreciation project under this section—
  • (1) may not exceed $250,000;
  • (2) may not exceed one third of the total project cost for that fiscal year;
  • (3) may not exceed 40 percent of the total project cost for that fiscal year if designated State agencies from two or more States cooperate in implementing such a project; and
  • (4) may not be used to defray the administrative cost of State programs.
• (e)
  • (1) Of the total cost each fiscal year of each project carried out with amounts provided by the Secretary under subsection (a), at least ⅓ shall be paid with amounts from State, non-Federal sources, except that if designated State agencies from 2 or more States cooperate in implementing such a project at least 30 percent shall be paid with amounts from such State, non-Federal sources. Payments required by this paragraph may not be in the form of an in-kind contribution.
  • (2) Of the total cost each fiscal year of each project carried out with amounts provided by the Secretary under subsection (a), at least ⅓ shall be paid with amounts from voluntary contributions by private entities or persons, except that if designated State agencies from 2 or more States cooperate in implementing such a project, at least 30 percent shall be paid from such sources. Subject to the approval of the Secretary, such contributions for a project may be in the form of, but are not required to be limited to, private cash donations, and the contribution of materials, equipment, or services necessary for the project.
• (f) No designated State agency shall be eligible to receive matching funds from the Wildlife Conservation and Appreciation Fund if revenue derived from activities regulated by such an agency is diverted for any purpose other than the management and conservation of fish and wildlife. Such revenue shall include, but not be limited to, all income from the sale of hunting, fishing and trapping licenses; all income from nongame checkoff systems; all income from the sale of waterfowl, habitat conservation, and other stamps that are requisite for engaging in certain activities regulated by the designated State agency; all income from the sale of any commodities and products by the designated State agency from lands and waters administered by the State for fish and wildlife purposes; and all funds apportioned to the designated State agency under the Federal Aid in Wildlife and Sport Fish Restoration Programs.
• (g)
  • (1) The Secretary shall establish the Fund, which shall consist of amounts deposited into the Fund by the Secretary under paragraph (2) of this subsection.
  • (2) The Secretary shall deposit into the Fund amounts appropriated to the Secretary for deposit to the Fund, of which not more than 4 percent shall be available to the Secretary to defray the costs of administering this chapter and evaluating wildlife conservation and appreciation projects.
• (h) There are authorized to be appropriated to the Fund and to the Secretary not to exceed $6,250,000 for each of fiscal years 1999 through 2003.

§ 3771. Findings and purpose

• (a) Congress finds that—
  • (1) approximately 60 percent of fish and wildlife in the United States are on private land;
  • (2) it is imperative to facilitate private landowner-centered and results-oriented efforts that promote efficient and innovative ways to protect and enhance natural resources;
  • (3) there is no readily available source of technical biological information that the public can access to assist with the application of state-of-the-art techniques to restore, enhance, and manage fish and wildlife habitats;
  • (4) a voluntary cost-effective program that leverages public and private funds to assist private landowners in the conduct of state-of-the-art fish and wildlife habitat restoration, enhancement, and management projects is needed;
  • (5) durable partnerships working collaboratively with willing private landowners to implement on-the-ground projects has lead to the reduction of endangered species listings;
  • (6) Executive Order No. 13352 (69 Fed. Reg. 52989) directs the Departments of the Interior, Agriculture, Commerce, and Defense and the Environmental Protection Agency to pursue new cooperative conservation programs involving the collaboration of Federal, State, local, and tribal governments, private for-profit and non-profit institutions, non-governmental entities, and individuals;
  • (7) since 1987, the Partners for Fish and Wildlife Program has exemplified cooperative conservation as an innovative, voluntary partnership program that helps private landowners restore wetland and other important fish and wildlife habitat; and
  • (8) through 33,103 agreements with private landowners, the Partners for Fish and Wildlife Program has accomplished the restoration of 677,000 acres of wetland, 1,253,700 acres of prairie and native grasslands, and 5,560 miles of riparian and in-stream habitat since 1987, demonstrating much of that success since only 2001.
• (b) The purpose of this chapter is to provide for the restoration, enhancement, and management of fish and wildlife habitats on private land through the Partners for Fish and Wildlife Program, a program that works with private landowners to conduct cost-effective habitat projects for the benefit of fish and wildlife resources in the United States.

§ 3772. Definitions

In this chapter:

• (1) The term “Federal trust species” means migratory birds, threatened species, endangered species, interjurisdictional fish, marine mammals, and other species of concern.
• (2)
  • (A) The term “habitat enhancement” means the manipulation of the physical, chemical, or biological characteristics of a habitat to change a specific function or seral stage of the habitat.
  • (B) The term “habitat enhancement” includes—
    • (i) an activity conducted to increase or decrease a specific function for the purpose of benefitting species, including—
      • (I) increasing the hydroperiod and water depth of a stream or wetland beyond what would naturally occur;
      • (II) improving waterfowl habitat conditions;
      • (III) establishing water level management capabilities for native plant communities;
      • (IV) creating mud flat conditions important for shorebirds; and
      • (V) cross fencing or establishing a rotational grazing system on native range to improve grassland nesting bird habitat conditions; and
    • (ii) an activity conducted to shift a native plant community successional stage, including—
      • (I) burning an established native grass community to reduce or eliminate invading brush or exotic species;
      • (II) brush shearing to set back early successional plant communities; and
      • (III) forest management that promotes a particular seral stage.
  • (C) The term “habitat enhancement” does not include regularly scheduled and routine maintenance and management activities, such as annual mowing or spraying of unwanted vegetation.
• (3) The term “habitat establishment” means the manipulation of physical, chemical, or biological characteristics of a project site to create and maintain habitat that did not previously exist on the project site, including construction of—
  • (A) shallow water impoundments on non-hydric soils; and
  • (B) side channel spawning and rearing habitat.
• (4) The term “habitat improvement” means restoring, enhancing, or establishing physiographic, hydrological, or disturbance conditions necessary to establish or maintain native plant and animal communities, including periodic manipulations to maintain intended habitat conditions on completed project sites.
• (5)
  • (A) The term “habitat restoration” means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning the majority of natural functions to the lost or degraded native habitat.
  • (B) The term “habitat restoration” includes—
    • (i) an activity conducted to return a project site, to the maximum extent practicable, to the ecological condition that existed prior to the loss or degradation, including—
      • (I) removing tile drains or plugging drainage ditches in former or degraded wetland;
      • (II) returning meanders and sustainable profiles to straightened streams;
      • (III) burning grass communities heavily invaded by exotic species to reestablish native grass and plant communities; and
      • (IV) planting plant communities that are native to the project site;
    • (ii) if restoration of a project site to its original ecological condition is not practicable, an activity that repairs 1 or more of the original habitat functions and that involve the use of native vegetation, including—
      • (I) the installation of a water control structure in a swale on land isolated from overbank flooding by a major levee to simulate natural hydrological processes; and
      • (II) the placement of streambank or instream habitat diversity structures in streams that cannot be restored to original conditions or profile; and
    • (iii) removal of a disturbing or degrading element to enable the native habitat to reestablish or become fully functional.
• (6)
  • (A) The term “private land” means any land that is not owned by the Federal Government or a State.
  • (B) The term “private land” includes tribal land and Hawaiian homeland.
• (7) The term “project” means a project carried out under the Partners for Fish and Wildlife Program established by section 3773 of this title .
• (8) The term “Secretary” means the Secretary of the Interior.

§ 3773. Partners for Fish and Wildlife Program

The Secretary shall carry out the Partners for Fish and Wildlife Program within the United States Fish and Wildlife Service to provide—

• (1) technical and financial assistance to private landowners for the conduct of voluntary projects to benefit Federal trust species by promoting habitat improvement, habitat restoration, habitat enhancement, and habitat establishment; and
• (2) technical assistance to other public and private entities regarding fish and wildlife habitat restoration on private land.

§ 3774. Authorization of appropriations

There is authorized to be appropriated to carry out this chapter not more than $75,000,000 for each of fiscal years 2019 through 2023.