Two Federal Conservation Bills Signed at Last Minute

The first, America’s Conservation Enhancement Reauthorization Act, was signed on December 23 and includes a handful of reauthorizations and funding packages for existing federal conservation programs through 2030. The second, Expanding Public Lands Outdoor Recreation Experiences Act, was signed on January 4 and is a series of new mandates and funding sources to help develop federal recreational sites, and create new conservation programs. Here are some key takeaways from both bills.

America’s Conservation Enhancement Reauthorization (ACE) Act

The ACE Act reauthorizes and funds several critical conservation efforts across the US, such as:

• The US Fish & Wildlife Service’s Chronic Wasting Disease Task Force which has provided resources for studying the mechanisms of transmission and environmental pathways of CWD and the pathogenic prion since 2020. The Task Force consists of members from every state in which CWD is currently present, along with researchers across the country studying the disease.
• A program that compensates ranchers for the loss of livestock due to depredation by federally protected species, such as grizzly bears. The program funnels grant money to state agencies, which can help supplement their existing programs. Note, however, that some states, such as Montana and Idaho, have separate programs to compensate ranchers for the loss of livestock to wolves, which are no longer a federally endangered species and are therefore not included in this package.
• The North American Wetland Conservation Act. This act has proved instrumental in providing grants for waterfowl habitat improvement projects and in facilitating collaborative conservation projects with Mexico and Canada to ensure wetland connectivity and health across both summer and winter ranges.
• The Fish and Wildlife Foundation—a nonprofit established by Congress in 1984, charged with administering federal conservation grants for both federal and state-level projects. For instance, the organization administered $2.5 billion from a settlement with BP following the Deepwater-Horizon oil spill in the Gulf of Mexico, for use on remediation and habitat improvement projects in the region.
• The Chesapeake Bay Initiative Act. Established in 1998, this act provides federal money for natural-resource conservation projects in the Chesapeake Bay and helps maintain infrastructure and expand access in the area. Notably, in recent years, the act has funded oyster replanting projects in the Bay. Oysters act as a keystone species in the Chesapeake, thanks to their ability to filter out sediment and algae in the water, yet their current populations are estimated to be less than one percent of the historical average.

Expanding Public Lands Outdoor Recreation Experiences (EXPLORE) Act

The EXPLORE Act is designed to improve access to public lands for outdoor recreation by enhancing infrastructure, supporting recreation-related projects, and increasing public engagement with natural spaces, promoting tourism and outdoor activities while preserving the environment. These are some of the initiatives the EXPLORE Act will enact:

• Mandate the construction of a shooting range within five years on every National Forest and Bureau of Land Management district that doesn’t already have one. There are some exclusions, however, for example, if relevant land-use plans and restrictions prevent the construction of a range or shooting activities in the district. Each range, however, must be able to accommodate rifles and pistols, but may also include skeet, trap, and archery infrastructure. The ranges can be relatively primitive—not necessarily including benches, trash cans, restrooms, or shade structures; but they must have appropriate safety measures such as berms, firing lines, and buffer zones.
• Establish a grant program for federal invasive species inspections. Currently, inspections are conducted by state agencies. The new program will allow the BLM, Bureau of Reclamation, National Park Service, and Forest Service to conduct inspections or partner with states, tribes, nonprofits, and private companies to conduct watercraft inspections.
• Authorize the donation of hides, horns, and antlers from wildlife management activities in National Parks, in addition to meat. This change could help nonprofit organizations raise money for conservation. For instance, the National Park Service lethally removed 152 mountain goats from Olympic National Park in 2021 (after giving volunteer hunters the chance to harvest them first—only 31 were killed). Under the old laws, only the meat could be transferred out of Park Service custody. If something like that were to happen again, under the new law, the National Park could donate the hides and heads to partner nonprofits who could auction them off to raise money for conservation.
• Mandate that the Forest Service install and construct the infrastructure for broadband internet connectivity at developed recreation sites on federal lands and waters. Within three years, and then every year thereafter, the Forest Service must create a list of high-priority sites, and potential methods for recovering the cost of developing and maintaining the infrastructure on said sites. Ultimately, as the bill goes on to describe, the goal is to develop sites in “economically distressed” counties that could help bring more outdoor recreators to the areas, thereby boosting their economies.

Final Thoughts

Overall, the two new bills slipped in at the last minute of Biden’s presidency. “We have taken critical steps to ensure that future generations can experience the same opportunities to hunt, fish and recreate that we enjoy today,” said Kaden McArthur of Backcountry Hunters & Anglers.

Together, the bills are poised to make an impact for years to come, both by creating new conservation programs and continuing funding for existing ones.