Overview

Title

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

ELI5 AI

The bill is about continuing efforts to help animals and nature stay safe and healthy until 2030. It sets aside money for different programs but needs to be clearer about how this money will be used and who is in charge of making decisions.

Summary AI

The bill S. 3791, titled the "America's Conservation Enhancement Reauthorization Act of 2024," aims to extend various conservation programs until 2030 that were initially set to expire in 2025. It addresses wildlife protection, invasive species prevention, and fish habitat conservation through partnerships. The legislation also makes changes to depredation permit programs for black vultures and adjusts funding levels for several conservation initiatives. Additionally, it involves modifications to the structure and operations of the National Fish Habitat Board, including membership adjustments and the process for designating partnerships.

Published

2024-12-03
Congress: 118
Session: 2
Chamber: HOUSE
Status: Engrossed Amendment House
Date: 2024-12-03
Package ID: BILLS-118s3791eah

Bill Statistics

Size

Sections:
19
Words:
3,059
Pages:
16
Sentences:
58

Language

Nouns: 851
Verbs: 191
Adjectives: 66
Adverbs: 31
Numbers: 221
Entities: 209

Complexity

Average Token Length:
3.83
Average Sentence Length:
52.74
Token Entropy:
4.89
Readability (ARI):
25.77

AnalysisAI

The proposed legislation, titled the "America's Conservation Enhancement Reauthorization Act of 2024," aims to continue and expand the efforts made under the original America's Conservation Enhancement Act. The bill focuses on the reauthorization and enhancement of various conservation programs, addressing issues such as wildlife protection, invasive species, habitat conservation, and the health of national bodies of water like the Chesapeake Bay. It achieves these objectives by proposing amendments to existing laws, extending deadlines, introducing new programs, and specifying funding for certain initiatives.

General Summary

At its core, the bill seeks to improve conservation efforts across the United States. It introduces measurable actions such as the Black Vulture Livestock Protection Program, enhances the Chronic Wasting Disease Task Force, and earmarks increased funding for the Chesapeake Bay Program. The legislation emphasizes partnerships with federal agencies and extends several conservation-related provisions from 2025 to 2030. This extension reflects a long-term commitment to addressing environmental issues through structured conservation initiatives.

Summary of Significant Issues

Several notable issues arise from the bill. Firstly, the criteria for selecting entities to participate in certain programs, like the Black Vulture Livestock Protection Program, are not clearly defined. This vagueness could result in a lack of transparency and accountability. Additionally, the allocation of $92 million per year for the Chesapeake Bay Program lacks detailed oversight and auditing measures, raising concerns over potential misuse of funds.

Further, the extension of program durations and spending through 2030 in various sections, such as for wildlife protection and habitat conservation, lacks detailed justifications or explanations of effectiveness. There are also concerns about the ambiguous language related to extending agreements and expanding partnerships, which could lead to inefficient or inappropriate use of resources without clear oversight mechanisms. Lastly, changes to the composition and decision-making processes for boards and councils, like the National Fish Habitat Board, are significant but come without detailed processes for representation, potentially impacting stakeholder trust and fairness in governance.

Impact on the Public

Broadly, the bill aims to benefit the public by preserving natural habitats and wildlife, which in turn sustains environmental health and biodiversity. However, the extended timeframes and funding could burden taxpayers if the funds are not utilized effectively. The requirement for increased non-federal contributions to fish habitat projects may place additional pressure on local entities or organizations, potentially hindering smaller conservation initiatives. The involvement of various federal agencies suggests substantial governmental oversight but might lead to bureaucratic complexity, impacting project efficiency.

Impact on Specific Stakeholders

For stakeholders directly engaged in the programs, such as livestock producers involved in the Black Vulture Livestock Protection Program, the bill provides a framework for mitigating losses. Yet, the lack of clarity in permitting procedures could foster favoritism or bias. Environmental groups and conservation organizations might find extended funding and program reauthorizations beneficial, facilitating long-term projects. However, they may encounter challenges in securing matching funds for the non-federal share of projects, as required by some amendments.

On the other hand, tribal representatives on boards like the National Fish Habitat Board face potential representation inequities due to vague selection processes, which may limit their influence on decisions affecting tribal lands or resources.

Overall, while the proposed legislation underscores a commitment to environmental preservation and enhancement, its effective implementation hinges on clear guidelines, transparent resource allocations, and active stakeholder engagement. As drafted, the bill presents a variety of opportunities and challenges, with a significant focus on maintaining and improving U.S. conservation efforts through to 2030.

Financial Assessment

The America's Conservation Enhancement Reauthorization Act of 2024, as outlined in bill S. 3791, includes significant financial provisions that warrant a closer examination, especially in light of potential issues raised concerning transparency, accountability, and management.

Financial Allocations

One of the notable financial references in this bill is related to the Chesapeake Bay Program, where it proposes an allocation of $92,000,000 annually from 2026 to 2030. This allocation is aimed at supporting the program's efforts to improve water quality and ecosystem health in the Chesapeake Bay. However, there are concerns regarding the lack of detailed explanations on how this substantial amount will be utilized, monitored, or audited, which could lead to possible inefficiencies or misuses of funds.

Issues of Oversight and Accountability

The issue of funding oversight appears again in Section 106, which expands the scope of agreements to include "participating agreements, and similar instruments." This broadening of terms could potentially create ambiguity and result in unclear oversight of financial agreements. Additionally, the provision allowing federal funding agreements to extend up to ten years without detailed oversight mechanisms could result in extended government spending with insufficient accountability.

Context of Financial Extensions

Sections 101 and 109 extend the expiration dates of various provisions related to conservation and habitat management from 2025 to 2030. However, these extensions do not include an analysis or justification of the financial implications or the effectiveness of ongoing measures. The lack of context and financial impact analysis raises questions about the necessity and the public value of these prolonged commitments.

Calculations and Compliance

In Section 203, while the bill establishes a non-Federal share requirement for fish habitat conservation projects, it lacks clarity in how this share should be calculated or enforced. This vagueness may lead to inconsistent application among different entities and potentially pose challenges for smaller organizations needing to comply with these financial requirements.

Overall, while the bill aims to ensure the continuation of vital conservation programs, the lack of transparency and detailed financial plans associated with these provisions is notable. Addressing these concerns will be crucial to ensure that the funding is used effectively and achieves its intended environmental and conservation goals.

Issues

  • The amendment to Section 102 presents potential concerns regarding the selection process of entities for holding the depredation permit under the Black Vulture Livestock Protection Program. The criteria are vague, relying on the subjective judgment of the Secretary, which may lead to arbitrary or biased decisions. Additionally, the process for subpermits and oversight lacks detail, raising concerns about transparency and accountability.

  • Section 108 allocates a substantial amount of funding ($92,000,000 annually from 2026 to 2030) to the Chesapeake Bay Program. However, there is no detailed explanation of how this funding will be used, monitored, or audited, which may lead to concerns about potential misuse or inefficiencies.

  • Section 106 introduces potentially ambiguous language by expanding agreements to include 'participating agreements, and similar instruments,' which might create opportunities for misuse or lack of clarity in types of funding agreements. Additionally, the lack of clear oversight for extended Federal funding agreements (up to 10 years) could lead to concerns about protracted government spending without sufficient accountability.

  • Section 101 extends the expiration date for certain provisions related to livestock losses due to depredation by federally protected species from 2025 to 2030 without providing context about the financial implications or effectiveness of current measures. This raises questions about the necessity and impact of this extension.

  • Section 201 modifies the composition of the National Fish Habitat Board, increasing the number of members from 26 to 28 and specifying representatives for Indian Tribes. However, it fails to specify the selection process for these representatives, which could result in biased appointments or insufficient representation for some tribes.

  • The process introduced in Section 202, where Congress is deemed to approve recommendations unless a joint resolution of disapproval is passed, might lead to unintended approvals and lacks the active consent typically necessary for legislative measures. This could result in approvals by default, contrary to typical legislative processes.

  • The amendment to Section 203 regarding the 'non-Federal share' of fish habitat conservation projects is vague and does not clarify how this share should be calculated or enforced, which could lead to inconsistent applications and difficulties for smaller organizations to comply.

  • Section 103 changes deadlines related to the Chronic Wasting Disease Task Force from 2025 to 2030 and amends requirements depending on the study's completion, potentially leading to concerns about delayed actions without clear justification.

  • Section 204 adds the Bureau of Land Management to provide technical and scientific assistance without explaining the implications or the nature of assistance. This lack of clarity could lead to concerns about the appropriateness and effectiveness of the bureau's involvement.

  • There is a lack of clarity in Section 105 and Section 109, which extend previous legislation's provisions without providing details on the impact or justification for these extensions from 2025 to 2030. This absence of explanation raises questions about prolonged government spending and the efficacy of these extensions.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

Read Opens in new tab

Summary AI

The section states that the House of Representatives agrees to pass the Senate bill (S. 3791), which is titled "An Act to reauthorize the America's Conservation Enhancement Act, and for other purposes," with amendments.

1. Short title; table of contents Read Opens in new tab

Summary AI

The America’s Conservation Enhancement Reauthorization Act of 2024 outlines strategies to enhance conservation efforts, focusing on wildlife protection, addressing issues like livestock losses from protected species, preventing invasive species, and supporting the protection of the Chesapeake Bay. It also emphasizes the importance of partnerships for fish habitat conservation and outlines funding, accountability measures, and technical assistance for these initiatives.

101. Losses of livestock due to depredation by federally protected species Read Opens in new tab

Summary AI

The amendment to Section 102(d) of the America’s Conservation Enhancement Act changes the expiration year for dealing with livestock losses due to attacks by federally protected species from 2025 to 2030.

102. Black vulture livestock protection program Read Opens in new tab

Summary AI

Section 103 of the America’s Conservation Enhancement Act has been updated to include a Black Vulture Livestock Protection Program. This program will allow one public entity or Farm Bureau organization per state to hold a permit to protect livestock from black vulture attacks. The program will run until 2030 and will explore whether it’s possible to increase the number of black vultures that can be legally killed to protect livestock. A report on the program's progress and study results will be submitted to Congress within a year of the law's enactment.

103. Chronic Wasting Disease Task Force Read Opens in new tab

Summary AI

The amendments in the America’s Conservation Enhancement Act extend the efforts of the Chronic Wasting Disease Task Force by making their activities independent of a previously required study and extending their work through 2030. Additionally, it sets a new deadline, 90 days after the Act's reauthorization in 2024, to begin their efforts.

104. Protection of water, oceans, coasts, and wildlife from invasive species Read Opens in new tab

Summary AI

The bill changes the Fish and Wildlife Coordination Act to extend a deadline from 2025 to 2030, aiming to protect water, oceans, coasts, and wildlife from invasive species.

105. North American Wetlands Conservation Act Read Opens in new tab

Summary AI

The section modifies the North American Wetlands Conservation Act by extending the deadline from 2025 to 2030.

106. National Fish and Wildlife Foundation Establishment Act Read Opens in new tab

Summary AI

The section amends the National Fish and Wildlife Foundation Establishment Act by extending the expiration date from 2025 to 2030, clarifying the types of agreements that can be used for partnerships, allowing Federal departments to make funding agreements with the Foundation for up to ten years, and encouraging cooperation as much as possible.

107. Modification of definition of sport fishing equipment under TSCA Read Opens in new tab

Summary AI

The text modifies the definition of sport fishing equipment in the America’s Conservation Enhancement Act by extending the timeframe during which certain provisions apply. This period will start with the enactment of the America’s Conservation Enhancement Reauthorization Act of 2024 and end on September 30, 2030.

108. Chesapeake Bay Program Read Opens in new tab

Summary AI

The amendment to Section 117(j) of the Federal Water Pollution Control Act increases funding for the Chesapeake Bay Program, allocating $92 million annually for fiscal years 2026 through 2030.

Money References

  • 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.”. ---

109. Chesapeake Bay Initiative Act of 1998 Read Opens in new tab

Summary AI

The section amends the Chesapeake Bay Initiative Act of 1998 by extending the deadline mentioned in Section 502(c) from the year 2025 to 2030.

110. Chesapeake Watershed Investments for Landscape Defense Read Opens in new tab

Summary AI

The section amends the America’s Conservation Enhancement Act by extending the deadline from 2025 to 2030 for certain provisions related to the Chesapeake Watershed Investments for Landscape Defense.

201. National Fish Habitat Board Read Opens in new tab

Summary AI

The section amends the America’s Conservation Enhancement Act to increase the National Fish Habitat Board's membership from 26 to 28 members, adjusts representation requirements to include specific representatives from the Department of the Interior and Indian Tribes, and modifies voting requirements to apply to only the members present.

202. Fish Habitat Partnerships Read Opens in new tab

Summary AI

The section outlines changes to the Fish Habitat Partnerships under the America’s Conservation Enhancement Act, specifying that the Board must only submit reports in certain fiscal years when proposing changes or new partnerships. Furthermore, it states that only Congress can approve or modify these partnerships, which will be automatically accepted unless Congress disapproves within 90 days.

203. Fish habitat conservation projects Read Opens in new tab

Summary AI

The section modifies the America’s Conservation Enhancement Act to require that at least 50% of the cost for fish habitat conservation projects carried out by partnerships comes from non-federal sources, and clarifies how this non-federal share applies to the projects.

204. Technical and scientific assistance Read Opens in new tab

Summary AI

Section 204 of the bill amends a part of the America's Conservation Enhancement Act by adding the Bureau of Land Management to the list of agencies involved in providing technical and scientific assistance, alongside the Forest Service.

205. Accountability and reporting Read Opens in new tab

Summary AI

The amendments to Section 209 of the America’s Conservation Enhancement Act involve several changes, including removing a subsection, reorganizing paragraph structure, and adding a requirement to report on the status of fish habitats in the U.S. These adjustments aim to streamline the accountability and reporting processes within the Act.

206. Funding Read Opens in new tab

Summary AI

The section outlines amendments to the America's Conservation Enhancement Act, extending the funding period from 2025 to 2030 for habitat partnerships and operations, by updating specific paragraphs within Section 212(a) accordingly.

207. Technical correction Read Opens in new tab

Summary AI

Section 207 of this bill provides a technical correction by replacing a reference to the Federal Advisory Committee Act with a more accurate citation, changing "5 U.S.C. App." to Chapter 10 of Title 5, United States Code.