HR3188-119

2. Amendments to the Migratory Bird Treaty Act The Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) is amended— by striking of Agriculture each place it appears; by striking of the Interior each place it appears; in section 5 (16 U.S.C. 706), as amended by paragraph (1) of this section, by inserting of the Interior after employee of the Department; in section 6 (16 U.S.C. 707), as amended by paragraph (1) of this section, by adding at the end the following: A person who incidentally takes a migratory bird without an authorization issued pursuant to section 14 or in violation of the terms and conditions of an applicable permit or regulation issued by the Secretary to administer section 14 may be assessed a civil penalty by the Secretary of not more than $10,000 per violation, except that unpermitted incidental take which is caused by conduct that is reckless or grossly negligent shall be subject to the penalties of subsection (a). The Secretary may commence a civil action for appropriate relief, including a permanent or temporary injunction, for any incidental take of a migratory bird without a permit or any violation of the terms and conditions of a permit issued or regulation promulgated pursuant to section 14. by adding at the end the following: It shall be a violation of this Act to incidentally take any migratory bird, and any part, nest, or egg of any such bird, except as authorized by the Secretary. The Secretary shall promulgate regulations to authorize the incidental take of migratory birds pursuant to this section, including issuing general permits. Before the Secretary promulgates regulations for an industry, the Secretary shall continue to enforce the document titled Director’s Order No.: 225 (published October 5, 2021). No penalty shall be assessed unless such entity is given notice and opportunity for a hearing on the record in accordance with sections 554 and 556 of title 5, United States Code. In determining the amount of the penalty, the Secretary shall consider the gravity of the violation and the demonstrated good faith of the entity. For good cause shown, the Secretary, in an extraordinary case, may remit or mitigate any such penalty. The Secretary may collect fees pursuant to authorizing and administering the incidental take of migratory birds. The fees may be used to cover the administrative costs for the permit program and conserving populations of bird species— affected by the authorized activities; or identified as birds of conservation concern under authority of section 13 of the Fish and Wildlife Conservation Act of 1980 (16 U.S.C. 2912). There is established in the Treasury a separate account, which shall be known as the Migratory Bird Recovery Fund. The fund shall be managed by the Secretary and may consist of— amounts received from fees pursuant to regulations under subsection (b); amounts received pursuant to section 6(e); amounts made available from appropriations; and amounts received by the Secretary in the form of donations. There is authorized to be appropriated $10,000,000 for each fiscal year beginning after the date of the enactment of this section to carry out this section. Not later than 5 years after the date of enactment of this section, and at the end of each 5 year period thereafter, the Secretary shall submit a report to the Chair and Ranking Member of the House Natural Resources Committee and to the Chair and Ranking Member of the Senate Environment and Public Works Committee on— the conservation status of migratory birds; the impacts upon migratory birds of activities for which authorizing regulations have been issued under this section; and the Secretary’s progress in carrying out the functions and responsibilities given to the Secretary under this section. The Secretary shall establish and maintain, through direct programming, contracts, or other form of agreement, and in consultation with research institutions, institutions of higher education, wildlife conservation groups, and representatives of authorized activities regulated under this section, a research program to— better monitor the status of bird populations; understand the stressors to bird populations; identify opportunities to reduce the impact of such stressors; and deploy and validate mitigation measures to conserve bird populations. For the purposes of this Act: The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). The term Secretary means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. Section 7(b) of the North American Wetlands Conservation Act (16 U.S.C. 4406(b)) is amended by inserting subsections (a) through (d) of before section 6 of the Migratory Bird Treaty Act. (e)Authorizing civil penalties for incidental take (1)In generalA person who incidentally takes a migratory bird without an authorization issued pursuant to section 14 or in violation of the terms and conditions of an applicable permit or regulation issued by the Secretary to administer section 14 may be assessed a civil penalty by the Secretary of not more than $10,000 per violation, except that unpermitted incidental take which is caused by conduct that is reckless or grossly negligent shall be subject to the penalties of subsection (a). (2)Civil actionThe Secretary may commence a civil action for appropriate relief, including a permanent or temporary injunction, for any incidental take of a migratory bird without a permit or any violation of the terms and conditions of a permit issued or regulation promulgated pursuant to section 14.; and 14.Incidental take of migratory birds (a)In generalIt shall be a violation of this Act to incidentally take any migratory bird, and any part, nest, or egg of any such bird, except as authorized by the Secretary. The Secretary shall promulgate regulations to authorize the incidental take of migratory birds pursuant to this section, including issuing general permits. Before the Secretary promulgates regulations for an industry, the Secretary shall continue to enforce the document titled Director’s Order No.: 225 (published October 5, 2021). No penalty shall be assessed unless such entity is given notice and opportunity for a hearing on the record in accordance with sections 554 and 556 of title 5, United States Code. In determining the amount of the penalty, the Secretary shall consider the gravity of the violation and the demonstrated good faith of the entity. For good cause shown, the Secretary, in an extraordinary case, may remit or mitigate any such penalty. (b)Authorization of feesThe Secretary may collect fees pursuant to authorizing and administering the incidental take of migratory birds. The fees may be used to cover the administrative costs for the permit program and conserving populations of bird species— (1)affected by the authorized activities; or (2)identified as birds of conservation concern under authority of section 13 of the Fish and Wildlife Conservation Act of 1980 (16 U.S.C. 2912). (c)Deposit of feesThere is established in the Treasury a separate account, which shall be known as the Migratory Bird Recovery Fund. The fund shall be managed by the Secretary and may consist of— (1)amounts received from fees pursuant to regulations under subsection (b); (2)amounts received pursuant to section 6(e); (3)amounts made available from appropriations; and (4)amounts received by the Secretary in the form of donations. (d)Authorization of appropriationsThere is authorized to be appropriated $10,000,000 for each fiscal year beginning after the date of the enactment of this section to carry out this section. (e)Report to CongressNot later than 5 years after the date of enactment of this section, and at the end of each 5 year period thereafter, the Secretary shall submit a report to the Chair and Ranking Member of the House Natural Resources Committee and to the Chair and Ranking Member of the Senate Environment and Public Works Committee on— (1)the conservation status of migratory birds; (2)the impacts upon migratory birds of activities for which authorizing regulations have been issued under this section; and (3)the Secretary’s progress in carrying out the functions and responsibilities given to the Secretary under this section. (f)Research programThe Secretary shall establish and maintain, through direct programming, contracts, or other form of agreement, and in consultation with research institutions, institutions of higher education, wildlife conservation groups, and representatives of authorized activities regulated under this section, a research program to— (1)better monitor the status of bird populations; (2)understand the stressors to bird populations; (3)identify opportunities to reduce the impact of such stressors; and (4)deploy and validate mitigation measures to conserve bird populations. 15.DefinitionsFor the purposes of this Act: (1)Institution of higher educationThe term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (2)SecretaryThe term Secretary means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service..

14. Incidental take of migratory birds It shall be a violation of this Act to incidentally take any migratory bird, and any part, nest, or egg of any such bird, except as authorized by the Secretary. The Secretary shall promulgate regulations to authorize the incidental take of migratory birds pursuant to this section, including issuing general permits. Before the Secretary promulgates regulations for an industry, the Secretary shall continue to enforce the document titled Director’s Order No.: 225 (published October 5, 2021). No penalty shall be assessed unless such entity is given notice and opportunity for a hearing on the record in accordance with sections 554 and 556 of title 5, United States Code. In determining the amount of the penalty, the Secretary shall consider the gravity of the violation and the demonstrated good faith of the entity. For good cause shown, the Secretary, in an extraordinary case, may remit or mitigate any such penalty. The Secretary may collect fees pursuant to authorizing and administering the incidental take of migratory birds. The fees may be used to cover the administrative costs for the permit program and conserving populations of bird species— affected by the authorized activities; or identified as birds of conservation concern under authority of section 13 of the Fish and Wildlife Conservation Act of 1980 (16 U.S.C. 2912). There is established in the Treasury a separate account, which shall be known as the Migratory Bird Recovery Fund. The fund shall be managed by the Secretary and may consist of— amounts received from fees pursuant to regulations under subsection (b); amounts received pursuant to section 6(e); amounts made available from appropriations; and amounts received by the Secretary in the form of donations. There is authorized to be appropriated $10,000,000 for each fiscal year beginning after the date of the enactment of this section to carry out this section. Not later than 5 years after the date of enactment of this section, and at the end of each 5 year period thereafter, the Secretary shall submit a report to the Chair and Ranking Member of the House Natural Resources Committee and to the Chair and Ranking Member of the Senate Environment and Public Works Committee on— the conservation status of migratory birds; the impacts upon migratory birds of activities for which authorizing regulations have been issued under this section; and the Secretary’s progress in carrying out the functions and responsibilities given to the Secretary under this section. The Secretary shall establish and maintain, through direct programming, contracts, or other form of agreement, and in consultation with research institutions, institutions of higher education, wildlife conservation groups, and representatives of authorized activities regulated under this section, a research program to— better monitor the status of bird populations; understand the stressors to bird populations; identify opportunities to reduce the impact of such stressors; and deploy and validate mitigation measures to conserve bird populations.