May 6, 2025
Mr. Wyden (for himself and Mr. Crapo) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
To authorize the Secretary of the Interior to establish a regional pilot program to enhance habitat and water availability for shorebirds, waterfowl, and other wetlands-dependent birds, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title
This Act may be cited as the Northwest Wetlands Voluntary Incentives Program Act
.
Sec. 2. Definitions
In this Act:
(1) Columbia river basin
The term Columbia River Basin includes—
(A)
the Columbia River; and
(B)
all tributaries of the Columbia River and the watersheds of those tributaries.
(2) Eligible entity
The term eligible entity means—
(A)
a Federal or State agency or unit of local government;
(B)
a Tribal government or organization;
(C)
a nonprofit organization;
(D)
a conservation district;
(E)
a private landowner; and
(F)
any other entity or individual that the Secretary determines to be appropriate to receive a grant under the pilot program in accordance with the criteria established under section 3(h).
(3) Habitat restoration project
The term habitat restoration project means a project described in section 3(d).
(4) Oregon and washington coastal zone
The term Oregon and Washington Coastal Zone means the region that covers the coastal waters and adjacent land of the States of Washington and Oregon, including the Puget Sound, Lower Columbia River, and coastal rivers and watersheds.
(5) Pilot program
The term pilot program means the Pacific Northwest Migratory Bird Conservation pilot program established under section 3(a).
(6) Secretary
The term Secretary means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.
Sec. 3. Pacific northwest migratory bird conservation pilot program
(a) Establishment
The Secretary shall, in coordination with Migratory Bird Joint Ventures, establish and carry out a voluntary grant and technical assistance pilot program, to be known as the Pacific Northwest Migratory Bird Conservation pilot program
, to provide—
(1)
competitive grants to eligible entities to carry out habitat restoration projects that promote the purpose of the pilot program described in subsection (b); and
(2)
technical assistance in carrying out a habitat restoration project using grant funds.
(b) Purpose
The purpose of the pilot program is to enhance, maintain, and restore habitats for shorebirds, waterfowl, and other wetlands-dependent birds along the Oregon and Washington Coastal Zone and in the Columbia River Basin, including birds that are important for migrating, staging, and wintering populations of waterfowl, shorebirds, waterbirds, and passerines.
(c) Application
To be eligible to receive a grant under the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, which may include a request for funding to cover all eligible direct and indirect costs relating to carrying out a habitat restoration project.
(d) Habitat restoration projects
The following projects are eligible to receive a grant and technical assistance under the pilot program:
(1)
Water infrastructure and management projects to enhance and restore habitat for wetlands-dependent migratory birds.
(2)
Projects that manage or enhance vegetative habitat to maximize resources for wetlands-dependent migratory birds.
(e) Location of projects
An eligible entity may carry out a habitat restoration project on public, private, Tribal, or other land, determined to be appropriate by the Secretary, including agricultural land that provides habitats and values of benefit to wetlands-associated migratory birds, including waterfowl, shorebirds, waterbirds, and passerines.
(f) Priority
In awarding grants under the pilot program, the Secretary may give priority to eligible entities that intend to carry out habitat restoration projects—
(1)
in locations where—
(A)
migratory bird habitat is rapidly being lost or converted;
(B)
human population growth is rapid; or
(C)
sufficient public access to recreational land is limited;
(2)
that include a plan for long-term operation and maintenance;
(3)
that include performance or effective monitoring of project goals and ecosystem services; and
(4)
in accordance with subsection (i), that provide a non-Federal share of not less than 25 percent.
(g) Use of funds
(1) In general
An eligible entity that receives a grant under the pilot program may use—
(A)
not more than 10 percent of grant funds to determine the ecosystem service benefits of the habitat restoration project to be carried out by the eligible entity; and
(B)
not more than 10 percent of grant funds for voluntary conservation easements related to that habitat restoration project.
(2) Timing
(A) In general
An eligible entity that receives a grant under the pilot program shall use the grant funds not later than 4 years after the date on which the eligible entity receives the grant.
(B) Unspent funds
Any funds not used by an eligible entity within the time period described in subparagraph (A) shall be returned to the Secretary for use in carrying out the pilot program.
(3) Planning costs; regular operation and maintenance
An eligible entity that receives a grant under the pilot program—
(A)
may use the grant funds to carry out activities relating to the planning, permitting, installing, or replacing of a habitat restoration project; and
(B)
may not use the grant funds to carry out regular operation and maintenance with respect to those habitat restoration projects.
(h) Criteria
The Secretary shall, in consultation with officials and entities described in subparagraphs (A) through (E) of section 2(2), establish criteria for the pilot program to help ensure that habitat restoration projects carried out under the pilot program accomplish the purpose of the pilot program described in subsection (b).
(i) Non-Federal share requirements
For purposes of subsection (f)(4), a non-Federal share provided for a grant under the pilot program shall meet the following requirements:
(1)
The non-Federal share is secured by the eligible entity not later than 2 years before the date on which the eligible entity submits an application under subsection (c).
(2)
The non-Federal share—
(A)
is directly related to the applicable habitat restoration project; and
(B)
includes—
(i)
cash or in-kind services;
(ii)
State or local government funding;
(iii)
private or other eligible matching funds (as defined by the Secretary); or
(iv)
planning, permitting, labor, including volunteer labor, appraisals, equipment rental, and material costs.
(j) Administration
The Secretary may enter into an agreement to manage the pilot program with an organization that offers grant management services.
(k) Restriction
In awarding a grant to an eligible entity under the pilot program, the Secretary may not provide a grant to carry out a habitat restoration project the purpose of which is to meet existing environmental mitigation or compliance obligations under Federal or State law.
(l) Compliance
A habitat restoration project awarded a grant under the pilot program shall comply with all applicable Federal and State law.
(m) Effect
Nothing in this section—
(1)
preempts or affects any State water law or interstate compact governing water; or
(2)
interferes with private property rights.
Sec. 4. Reports
Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report describing the implementation of this Act, including a description of each habitat restoration project that receives funding under the pilot program.
Sec. 5. Authorization of appropriations
(a) In general
There is authorized to be appropriated to carry out the pilot program $10,000,000 for each of fiscal years 2026 through 2030.
(b) Administration
Of the amounts made available to carry out the pilot program for each fiscal year, not more than 3 percent may be used for administrative costs of carrying out the pilot program.
(c) Supplement, not supplant
Amounts made available to carry out the pilot program shall supplement, and not supplant, funding for other activities conducted by the Secretary in an area in which a habitat restoration project is carried out.