Sec. 5. Joint Venture establishment and administration
1,054 words·~5 min read·
/bill/113/hr/1137/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Director, through the Program, may enter into an agreement with eligible partners described in paragraph
(2)to establish a Joint Venture to fulfill one or more of the purposes set forth in paragraphs
(1)through
(3)of section 2(b). The eligible partners referred to in paragraph
(1)are the following: Federal and State agencies with jurisdiction over migratory bird resources, their habitats, or that implement program activities that affect migratory bird habitats or the ecosystems they rely on. Affected regional, local, and tribal governments, private landowners, land managers, and other private stakeholders. Nongovernmental organizations with expertise in bird conservation or fish and wildlife conservation or natural resource and landscape management generally. Other relevant stakeholders. An agreement under this section for a Joint Venture shall establish a Management Board in accordance with this subsection. The Management Board shall include a diversity of members representing stakeholder interests from the appropriate geographic region, including, as appropriate, representatives from the Service and other Federal agencies that have management authority over fish and wildlife resources on public lands or in the marine environment, or that implement programs that affect migratory bird habitats, and representatives from the States, and may include— regional governments and Indian tribes; academia or the scientific community; nongovernmental landowners or land managers; nonprofit conservation or other relevant organizations with expertise in migratory bird conservation, or in fish and wildlife conservation generally; and private organizations with a dedicated interest in conserving migratory birds and their habitats. A Management Board, in accordance with the guidelines published by the Director under section 4 and in coordination with the Director, shall develop, publish, and comply with a plan that specifies the organizational structure of the Joint Venture and prescribes its operational practices and procedures. Subject to applicable Federal and State law, the Management Board shall manage the personnel and operations of the Joint Venture, including— by appointing a coordinator for the Joint Venture in consultation with the Director, to manage the daily and long-term operations of the Joint Venture; approval of other full- or part-time administrative and technical non-Federal employees as the Management Board determines necessary to perform the functions of the Joint Venture, meet objectives specified in the Implementation Plan, and fulfill the purpose of this Act; and establishment of committees, steering groups, focus groups, geographic or taxonomic groups, or other organizational entities to assist in implementing the relevant Implementation Plan. Subject to the availability of appropriations and upon the request from a Management Board, and after consultation with and approval of the Director, the head of any Federal agency may detail to the Management Board, on a reimbursable or nonreimbursable basis, any agency personnel to assist the Joint Venture in performing its functions under this Act. Before the Director enters into an agreement to establish a Joint Venture under subsection (a), the Management Board for the Joint Venture shall submit to the Director a proposed Implementation Plan that shall contain, at a minimum, the following elements: A strategic framework for migratory bird conservation that includes biological planning; conservation design; habitat restoration, protection, and enhancement; applied research; and monitoring and evaluation activities. Provisions for effective communication among member participants within the Joint Venture. A long-term strategy to conduct public outreach and education regarding the purposes and activities of the Joint Venture and activities to regularly communicate to the general public information generated by the Joint Venture. Coordination with laws and conservation plans referred to in section 4(a)(3) and
(4)that are relevant to migratory birds, and other relevant regional, national, or international initiatives identified by the Director to conserve migratory birds, their habitats, ecological functions, and associated populations of fish and wildlife. An organizational plan that— identifies the initial membership of the Management Board and establishes procedures for updating the membership of the Management Board as appropriate; describes the organizational structure of the Joint Venture, including proposed committees and subcommittees, and procedures for revising and updating the structure, as necessary; and provides a strategy to increase stakeholder participation or membership in the Joint Venture. Procedures to coordinate the development, implementation, oversight, monitoring, tracking, and reporting of conservation actions approved by the Management Board and an evaluation process to determine overall effectiveness of activities undertaken by the Joint Venture. A strategy to encourage the contribution of non-Federal financial resources, donations, gifts and in-kind contributions to support the objectives of the Joint Venture and fulfillment of the Implementation Plan. The Director shall— coordinate the review of a proposed Implementation Plan submitted under this section; and ensure that such plan is circulated for review for a period not to exceed 90 days, to— bureaus within the Service and other appropriate bureaus or agencies within the Department of the Interior; appropriate regional migratory bird Flyway Councils; national and international boards that oversee bird conservation initiatives under the plans specified in section 4(a)(4); relevant State agencies, regional governmental entities, and Indian tribes; nongovernmental conservation organizations, academic institutions, or other stakeholders engaged in existing Joint Ventures that have knowledge or expertise of the geographic or ecological scope of the Joint Venture; and other relevant stakeholders considered necessary by the Director to ensure a comprehensive review of the proposed Implementation Plan. The Director shall approve an Implementation Plan submitted by the Management Board for a Joint Venture if the Director finds that— the plan provides for implementation of conservation actions to conserve waterfowl and other native migratory birds and their habitats and ecosystems either— in a specific geographic area of the United States; or across the range of a specific species or similar group of like species; the members of the Joint Venture— accept the responsibility for implementation of national or international bird conservation plans in the region of the United States to which the plan applies; and have demonstrated to the satisfaction of the Director the capacity to implement conservation actions identified in the plan, including
(I)the design, funding, monitoring, and tracking of conservation projects that advance the objectives of the Joint Venture; and
(II)reporting and conduct of public outreach regarding such projects; and the plan maximizes, to the extent practicable, coordination with other relevant and active conservation plans or programs within the geographic scope of the Joint Venture to conserve, protect, recover, or restore migratory bird habitats and other fish and wildlife habitat within the operating region of the Joint Venture.