Overview

Title

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

ELI5 AI

The bill wants to keep helping plants and animals by spending more money to protect them and where they live, and it also wants to make sure birds don't bother farmers' animals, but some people are worried it might be too much money or not fair.

Summary AI

The bill, S. 3791, seeks to reauthorize the America's Conservation Enhancement Act with various amendments. It extends the timeline for several programs aimed at wildlife enhancement, disease control, and habitat conservation through fiscal year 2030. It also adjusts funding limits and modifies definitions to ensure continued support for wildlife protection and habitat conservation projects. Additionally, it introduces a black vulture livestock protection program and mandates studies and reports to assess the effectiveness of these initiatives.

Published

2024-03-12
Congress: 118
Session: 2
Chamber: SENATE
Status: Reported to Senate
Date: 2024-03-12
Package ID: BILLS-118s3791rs

Bill Statistics

Size

Sections:
36
Words:
5,940
Pages:
28
Sentences:
101

Language

Nouns: 1,646
Verbs: 382
Adjectives: 127
Adverbs: 63
Numbers: 452
Entities: 409

Complexity

Average Token Length:
3.80
Average Sentence Length:
58.81
Token Entropy:
4.88
Readability (ARI):
28.75

AnalysisAI

The bill under consideration aims to reauthorize the America's Conservation Enhancement Act, bringing about several modifications and extensions to existing conservation and wildlife management legislation. The proposed changes include extensions of deadlines, increases in funding allocations, adjustments to program structures, and updates to definitions within the relevant legislative framework. The bill features various sections that focus on wildlife enhancement, disease control, prevention of livestock losses, and tenets of habitat conservation through partnerships.

General Summary of the Bill

This bill, formally titled “America's Conservation Enhancement Reauthorization Act of 2024,” seeks to update and extend existing provisions related to wildlife and habitat conservation. Among its significant proposals, the bill extends the timeline for implementing several conservation initiatives from 2025 to 2030. Moreover, it introduces increased funding allocations, such as raising the cap on North American Wetlands Conservation Act funding. It also suggests procedural changes, like expanding the National Fish Habitat Board and establishing a black vulture livestock protection program. By setting specific financial allocations and modifying existing deadlines, the bill continues the emphasis on maintaining and enhancing environmental and wildlife health.

Summary of Significant Issues

Some primary concerns associated with this bill include the lack of specificity and justification for the proposed financial increases. For instance, sections of the bill indicate significant budget raises, yet fail to clearly rationalize the necessity or intended outcomes of such increments. Similarly, the extension of deadlines without clear explication implies potentially indefinite commitments to programs without accountability for results or efficacy.

Moreover, certain portions of the bill may enable potential favoritism or biased selection processes. The establishment of programs such as the black vulture livestock protection program suggests the designation of singular permit-holding entities per state without fully defined criteria. This could potentially neglect other capable parties from participating equally.

Impacts on the Public

Broadly, the bill reflects efforts to sustain environmental health and biodiversity, positively impacting public welfare by fostering cleaner, healthier ecosystems that benefit society. However, unchecked increases in funding and extended timeframes without accountability measures may lead to inefficient use of resources and diminished public trust.

Impact on Stakeholders

The impact on stakeholders may vary; environmental and wildlife advocates might view this bill favorably as it opens opportunities to further protect natural resources. Specific entities, such as public organizations potentially holding statewide permits under certain programs, can benefit from the proposed changes. In contrast, those entities not favored or acknowledged could face disadvantages due to opaque selection criteria or procedural barriers.

Conversely, the prescribed increase in board membership and funds could benefit those directly involved in program expansions. There is, however, a risk of the increased spending not translating to proportionate environmental benefits, which would negatively affect the broader stakeholder community's perception of fiscal responsibility.

In conclusion, while the bill is grounded in well-intentioned conservation principles, the precise allocation of resources and definition of program operations require improved transparency to ensure broad and equitable environmental benefits.

Financial Assessment

The bill S. 3791 proposes several financial allocations and adjustments related to wildlife conservation and habitat protection. Understanding these financial references is key to assessing their potential impacts and challenges.

Financial Allocations

The bill outlines specific allocations intended to fund conservation efforts, including:

  • Section 105 proposes an increase in funding for the North American Wetlands Conservation Act from the current maximum of $60 million to $65 million annually for each fiscal year from 2026 through 2030.

  • Section 108 allocates $100 million annually from 2026 to 2030 for the Chesapeake Bay Program, aimed at funding projects to support the bay and its watershed.

  • Section 206 authorizes additional funding for habitat conservation partnerships, including $10 million annually from 2026 to 2030, with $400,000 specifically earmarked for the Bureau of Land Management's use.

  • Moreover, $1 million is authorized for the National Fish Habitat Assessment to be available until fully spent.

Issues Related to Financial Allocations

A primary issue identified with the financial allocations in the bill is the lack of specificity and justification for the proposed increases in funding. For instance, Section 105 raises the funding cap from $60 million to $65 million per year, yet the reasons for this increase are not fully articulated, which may lead to perceptions of potential wasteful spending.

Similarly, Section 108's allocation of $100 million annually for the Chesapeake Bay Program does not come with detailed plans or criteria for how these funds will be managed or audited, raising concerns about transparency and accountability. Ensuring effective usage of such a considerable sum requires clear oversight mechanisms, which the bill does not presently specify.

Prolonged Financial Commitments

The bill extends funding provisions of several programs until 2030, spanning an additional five years without detailed rationale in sections like 101, 103, and 104. This raises questions about the necessity and long-term impact of such prolonged commitments, particularly when there is no breakdown of expected outcomes or objectives for extending these durations.

Structural Concerns

The implementation details in Section 102, concerning the Black Vulture Livestock Protection Program, do not provide clear criteria for selecting the public entity or Farm Bureau organization that would manage depredation permits, leading to potential concerns about favoritism and equitable access.

Moreover, the increase in members of the National Fish Habitat Board (Section 201) from 26 to 28 implies additional administrative costs but lacks a broader assessment of representation and potential conflicts of interest.

Overall, while the bill aims to bolster conservation efforts through increased funding, it simultaneously accelerates discussions on accountability, effective spending, and clear justifications for financial commitments. Addressing these concerns would enhance the credibility and efficacy of the proposed financial allocations.

Issues

  • The lack of specificity and justification for significant funding increases, particularly in sections 105 and 108, raises concerns of potential wasteful spending. For instance, Section 105 proposes an increase from $60 million to $65 million annually for the North American Wetlands Conservation Act without clear justification, which is financially significant and may affect public perception of fiscal responsibility.

  • The extension of provisions in multiple sections to 2030 without sufficient context or rationale (Sections 101, 103, 104) poses questions about the necessity and impact of these changes, potentially leading to prolonged commitments without clear benefits.

  • Section 108 allocates $100,000,000 annually for the Chesapeake Bay Program from 2026 through 2030, yet lacks specific plans, criteria, or oversight measures to ensure effective usage and accountability of the funds, raising transparency and efficiency concerns.

  • The structure and language of the bill, particularly sections like 102 and 204 involving technical amendments or complex multi-layered arrangements, may lead to misunderstandings or may be misinterpreted, causing potential legal ambiguities or enforcing challenges.

  • Section 102 involves the implementation of a black vulture livestock protection program, which designates a single public entity or Farm Bureau organization per state for depredation permit holding without clear criteria, leading to concerns about potential favoritism and equitable access.

  • The increase in the number of members from 26 to 28 in Section 201 (National Fish Habitat Board) entails additional costs and creates potential concerns about organizational favoritism because specific agencies are designated without broader representation evaluation.

  • Section 107 modifies the definition of sport fishing equipment under TSCA with a new effective period without specifying the fiscal impact, potentially extending financial obligations without accountability.

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.

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

Summary AI

The beginning of this Act, named the “America's Conservation Enhancement Reauthorization Act of 2024,” introduces its short title and a table of contents listing various sections. These sections are organized under two main titles, covering topics like wildlife conservation, addressing diseases, preventing livestock losses due to protected species, managing invasive species, supporting the Chesapeake Bay, and promoting national fish habitat conservation through partnerships.

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 extends the time frame from 2025 to 2030 for actions related to livestock losses caused by federally protected species.

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

Summary AI

The section amends the America's Conservation Enhancement Act to establish a Black Vulture Livestock Protection Program, which allows one public entity per state to hold a permit for protecting livestock from black vultures. The Secretary must coordinate with states, ensure entities meet specific requirements, allow subpermits for livestock producers, conduct a study on sustainable vulture take levels, and report on the program's status to Congress one year after the act's reauthorization.

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

Summary AI

The bill updates the America's Conservation Enhancement Act by extending the deadline for a task force on Chronic Wasting Disease from 2025 to 2030.

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

Summary AI

The section changes the deadline in the Fish and Wildlife Coordination Act for protecting water, oceans, coasts, and wildlife from invasive species, extending it from 2025 to 2030.

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

Summary AI

The section amends the North American Wetlands Conservation Act to increase the funding limit. It allows for up to $65 million to be spent each year from 2026 through 2030, following an existing allowance of up to $60 million.

Money References

  • Section 7(c) of the North American Wetlands Conservation Act (16 U.S.C. 4406(c)) is amended— (1) by striking “not to exceed $60,000,000” and inserting the following: “not to exceed— “(1) $60,000,000”; (2) in paragraph (1) (as so designated), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: “(2) $65,000,000 for each of fiscal years 2026 through 2030.”. ---

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

Summary AI

The National Fish and Wildlife Foundation Establishment Act is being amended to extend its provisions until 2030 and to expand the types of partnership agreements it can engage in, which includes a new type of agreement called "Federal funding agreements" that can last between 5 and 10 years. Additionally, there is encouragement for the Federal departments and agencies to enter into these agreements whenever possible.

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

Summary AI

The section changes the timeline for a rule about sport fishing equipment in the America's Conservation Enhancement Act, so it now starts with a new act in 2024 and lasts until 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 specifies the allocation of $100 million annually for the Chesapeake Bay Program for each fiscal year from 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, $100,000,000.”. ---

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

Summary AI

The section of the Chesapeake Bay Initiative Act of 1998 is updated to extend a deadline from the year 2025 to 2030.

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

Summary AI

The section changes the deadline in a law related to Chesapeake Watershed investments from the year 2025 to 2030.

201. National Fish Habitat Board Read Opens in new tab

Summary AI

The amendments to America's Conservation Enhancement Act increase the National Fish Habitat Board from 26 to 28 members, specify that two members will represent the Department of the Interior, and clarify that two members can represent either the Regional Fishery Management Councils or the Marine Fisheries Commissions.

202. Fish Habitat Partnerships Read Opens in new tab

Summary AI

The Fish Habitat Partnerships section of the America's Conservation Enhancement Act is being updated to clarify that the Board is required to submit reports only in years when they are suggesting changes or new designations for Partnerships.

203. Fish habitat conservation projects Read Opens in new tab

Summary AI

The amendment to Section 205 of the America's Conservation Enhancement Act changes the requirements for funding fish habitat conservation projects. It specifies that the non-Federal share of these project costs must be at least 50 percent for each year.

204. Technical and scientific assistance Read Opens in new tab

Summary AI

The bill amends Section 206(a) of the America's Conservation Enhancement Act to include the Bureau of Land Management alongside the Forest Service in providing technical and scientific assistance.

205. Accountability and reporting Read Opens in new tab

Summary AI

Section 205 of the bill amends Section 209 of the America's Conservation Enhancement Act by removing a subsection and reorganizing the remaining content. It specifies general and specific reporting requirements, including a new requirement to describe the status of fish habitats in the United States.

206. Funding Read Opens in new tab

Summary AI

The section amends funding provisions in the America's Conservation Enhancement Act, including allocating an additional $10 million for each fiscal year from 2026 through 2030, extending certain deadlines to 2030, and authorizing $1 million for the National Fish Habitat Assessment.

Money References

  • SEC. 206.Funding. Section 212 of the America's Conservation Enhancement Act (16 U.S.C. 8212) is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting “and $10,000,000 for each of fiscal years 2026 through 2030” after “through 2025”; (B) in paragraph (2), in the matter preceding subparagraph (A), by striking “2025” and inserting “2030”; and (C) in paragraph (3)— (i) in the matter preceding subparagraph (A), by striking “2025” and inserting “2030”; (ii) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; and (iii) by inserting after subparagraph (A) the following: “(B) $400,000 to the Secretary for use by the Bureau of Land Management;”; and (2) by adding at the end the following: “(d) National Fish Habitat Assessment.—There is authorized to be appropriated for completion of the National Fish Habitat Assessment described in section 201(4), including the associated database of the National Fish Habitat Assessment described in that section, $1,000,000, to remain available until expended.”. ---

207. Technical correction Read Opens in new tab

Summary AI

Section 207 corrects a reference in the America's Conservation Enhancement Act by specifying that Chapter 10 of Title 5 in the United States Code is to be used in place of the Federal Advisory Committee Act, giving clarity to which legislative guideline should be followed.

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

Summary AI

The America's Conservation Enhancement Reauthorization Act of 2024 outlines the contents and focuses on wildlife enhancement and protection. Title I addresses losses of livestock from predators, invasive species protection, and various conservation acts. Title II focuses on conserving fish habitats through partnerships and outlines the structure and funding for these efforts.

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 extends the time frame from 2025 to 2030 for actions related to livestock losses caused by federally protected species.

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

Summary AI

The section details an amendment to the America's Conservation Enhancement Act, establishing a program through 2030 where one public entity or Farm Bureau organization per state can obtain permits to protect livestock from black vulture attacks. The program involves oversight and compliance responsibilities, with studies and reports on the initiative's impact and sustainability.

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

Summary AI

The bill updates the America's Conservation Enhancement Act by extending the deadline for a task force on Chronic Wasting Disease from 2025 to 2030.

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

Summary AI

The section changes the deadline in the Fish and Wildlife Coordination Act for protecting water, oceans, coasts, and wildlife from invasive species, extending it from 2025 to 2030.

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

Summary AI

The section amends the North American Wetlands Conservation Act to increase the funding limit. It allows for up to $65 million to be spent each year from 2026 through 2030, following an existing allowance of up to $60 million.

Money References

  • Section 7(c) of the North American Wetlands Conservation Act (16 U.S.C. 4406(c)) is amended— (1) by striking “not to exceed $60,000,000” and inserting the following: “not to exceed— “(1) $60,000,000”; (2) in paragraph (1) (as so designated), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: “(2) $65,000,000 for each of fiscal years 2026 through 2030.”. ---

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

Summary AI

The National Fish and Wildlife Foundation Establishment Act is being amended to extend its provisions until 2030 and to expand the types of partnership agreements it can engage in, which includes a new type of agreement called "Federal funding agreements" that can last between 5 and 10 years. Additionally, there is encouragement for the Federal departments and agencies to enter into these agreements whenever possible.

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

Summary AI

The section changes the timeline for a rule about sport fishing equipment in the America's Conservation Enhancement Act, so it now starts with a new act in 2024 and lasts until 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 specifies the allocation of $100 million annually for the Chesapeake Bay Program for each fiscal year from 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, $100,000,000.”. ---

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

Summary AI

The section of the Chesapeake Bay Initiative Act of 1998 is updated to extend a deadline from the year 2025 to 2030.

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

Summary AI

The section changes the deadline in a law related to Chesapeake Watershed investments from the year 2025 to 2030.

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. It specifies new representation requirements for certain members, including two representatives from the Department of the Interior, representatives from Indian Tribes including one from Alaska and one from other states, and representatives from Regional Fishery Management Councils or Marine Fisheries Commissions. It also changes the requirement from "all members" to "the members present" for certain board actions.

202. Fish Habitat Partnerships Read Opens in new tab

Summary AI

The Fish Habitat Partnerships section of the America's Conservation Enhancement Act is being updated to clarify that the Board is required to submit reports only in years when they are suggesting changes or new designations for Partnerships.

203. Fish habitat conservation projects Read Opens in new tab

Summary AI

The amendment to Section 205 of the America's Conservation Enhancement Act changes the requirements for funding fish habitat conservation projects. It specifies that the non-Federal share of these project costs must be at least 50 percent for each year.

204. Technical and scientific assistance Read Opens in new tab

Summary AI

The bill amends Section 206(a) of the America's Conservation Enhancement Act to include the Bureau of Land Management alongside the Forest Service in providing technical and scientific assistance.

205. Accountability and reporting Read Opens in new tab

Summary AI

Section 205 of the bill amends Section 209 of the America's Conservation Enhancement Act by removing a subsection and reorganizing the remaining content. It specifies general and specific reporting requirements, including a new requirement to describe the status of fish habitats in the United States.

206. Funding Read Opens in new tab

Summary AI

The section modifies the America's Conservation Enhancement Act to increase funding allocations and timeframes for conservation partnerships and operations, extending authorized financial support through 2030, including additional funding for the Bureau of Land Management and the National Fish Habitat Assessment.

Money References

  • SEC. 206.Funding. Section 212 of the America's Conservation Enhancement Act (16 U.S.C. 8212) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in the paragraph heading, by inserting “partnerships and” after “habitat”; (ii) by inserting “and $10,000,000 for each of fiscal years 2026 through 2030” after “through 2025”; and (iii) by inserting “Partnership operations under section 204 and” after “to provide funds for”; (B) in paragraph (2), in the matter preceding subparagraph (A), by striking “2025” and inserting “2030”; and (C) in paragraph (3)— (i) in the matter preceding subparagraph (A), by striking “2025” and inserting “2030”; (ii) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; and (iii) by inserting after subparagraph (A) the following: “(B) $400,000 to the Secretary for use by the Bureau of Land Management;”; and (2) by adding at the end the following: “(d) National Fish Habitat Assessment.—There is authorized to be appropriated for completion of the National Fish Habitat Assessment described in section 201(4), including the associated database of the National Fish Habitat Assessment described in that section, $1,000,000, to remain available until expended.”. ---

207. Technical correction Read Opens in new tab

Summary AI

Section 207 of the bill makes a technical correction to Section 211 of the America's Conservation Enhancement Act by updating the reference to the Federal Advisory Committee Act, clarifying it as Chapter 10 of title 5 in the United States Code.