[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2372 Reported in Senate (RS)]
<DOC>
Calendar No. 354
117th CONGRESS
2d Session
S. 2372
To amend the Pittman-Robertson Wildlife Restoration Act to make
supplemental funds available for management of fish and wildlife
species of greatest conservation need as determined by State fish and
wildlife agencies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 15, 2021
Mr. Heinrich (for himself, Mr. Blunt, Mr. Tillis, Mr. Boozman, Mr.
King, Mr. Graham, Mr. Burr, Mr. Moran, Mr. Portman, Ms. Duckworth, Mr.
Rubio, Mr. Casey, Mr. Whitehouse, Mr. Lujan, Ms. Rosen, Mr. Padilla,
Mr. Marshall, Ms. Stabenow, Ms. Sinema, Mr. Wicker, Mr. Cramer, Mr.
Schatz, Mr. Kelly, Mr. Tuberville, Mr. Coons, Ms. Collins, Ms.
Klobuchar, Mr. Tester, Mrs. Fischer, Mrs. Hyde-Smith, Mr. Hickenlooper,
Mr. Hagerty, and Mr. Ossoff) introduced the following bill; which was
read twice and referred to the Committee on Environment and Public
Works
April 27, 2022
Reported by Mr. Carper, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Pittman-Robertson Wildlife Restoration Act to make
supplemental funds available for management of fish and wildlife
species of greatest conservation need as determined by State fish and
wildlife agencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Recovering America's
Wildlife Act of 2021''.</DELETED>
<DELETED>TITLE I--WILDLIFE CONSERVATION AND RESTORATION</DELETED>
<DELETED>SEC. 101. WILDLIFE CONSERVATION AND RESTORATION
SUBACCOUNT.</DELETED>
<DELETED> (a) In General.--Section 3 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669b) is amended in subsection
(c)--</DELETED>
<DELETED> (1) by redesignating paragraphs (2) and (3) as
paragraphs (9) and (10); and</DELETED>
<DELETED> (2) by striking paragraph (1) and inserting the
following:</DELETED>
<DELETED> ``(1) Establishment of subaccount.--</DELETED>
<DELETED> ``(A) In general.--There is established in
the fund a subaccount to be known as the `Wildlife
Conservation and Restoration Subaccount' (referred to
in this section as the `Subaccount').</DELETED>
<DELETED> ``(B) Availability.--Amounts in the
Subaccount shall be available without further
appropriation, for each fiscal year, for apportionment
in accordance with this Act.</DELETED>
<DELETED> ``(C) Deposits into subaccount.--
</DELETED>
<DELETED> ``(i) In general.--Beginning in
fiscal year 2022, and for each fiscal year
thereafter, the Secretary of the Treasury shall
transfer $1,300,000,000 from the general fund
of the Treasury to the Subaccount.</DELETED>
<DELETED> ``(ii) Funding source.--</DELETED>
<DELETED> ``(I) Definition.--In this
clause, the term `remaining natural
resource or environmental-related
violation revenue' means the amount of
all civil or criminal penalties, fines,
sanctions, forfeitures, or other
revenues resulting from natural
resource or environmental-related
violations or enforcement actions by
any Federal agency that are not
directed to be deposited in a fund
other than the general fund of the
Treasury or have otherwise been
appropriated.</DELETED>
<DELETED> ``(II) Use of revenue.--
Beginning in fiscal year 2022, and for
each fiscal year thereafter, the total
amount of the remaining natural
resource or environmental-related
violation revenue with respect to the
previous fiscal year--</DELETED>
<DELETED> ``(aa) shall be
deposited in the general fund
of the Treasury; and</DELETED>
<DELETED> ``(bb) shall be
available for the purposes of
the transfer under clause
(i).</DELETED>
<DELETED> ``(2) Supplement not supplant.--Amounts
transferred to the Subaccount shall supplement, but not
replace, existing funds available to the States from--
</DELETED>
<DELETED> ``(A) the funds distributed pursuant to
the Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777 et seq.); and</DELETED>
<DELETED> ``(B) the fund.</DELETED>
<DELETED> ``(3) Innovation grants.--</DELETED>
<DELETED> ``(A) In general.--The Secretary shall
distribute 10 percent of funds apportioned from the
Subaccount through a competitive grant program to State
fish and wildlife departments, the District of Columbia
fish and wildlife department, fish and wildlife
departments of territories, or to regional associations
of fish and wildlife departments (or any group composed
of more than 1 such entity).</DELETED>
<DELETED> ``(B) Purpose.--Such grants shall be
provided for the purpose of catalyzing innovation of
techniques, tools, strategies, or collaborative
partnerships that accelerate, expand, or replicate
effective and measurable recovery efforts for species
of greatest conservation need and species listed under
the Endangered Species Act of 1973 (15 U.S.C. 1531 et
seq.) and the habitats of such species.</DELETED>
<DELETED> ``(C) Review committee.--The Secretary
shall appoint a review committee comprised of--
</DELETED>
<DELETED> ``(i) a State Director from each
regional association of State fish and wildlife
departments;</DELETED>
<DELETED> ``(ii) the head of a department
responsible for fish and wildlife management in
a territory; and</DELETED>
<DELETED> ``(iii) four individuals
representing four different nonprofit
organizations each of which is actively
participating in carrying out wildlife
conservation restoration activities using funds
apportioned from the Subaccount.</DELETED>
<DELETED> ``(D) Support from united states fish and
wildlife service.--The United States Fish and Wildlife
Service shall provide any personnel or administrative
support services necessary for such Committee to carry
out its responsibilities under this Act.</DELETED>
<DELETED> ``(E) Evaluation.--Such committee shall
evaluate each proposal submitted under this paragraph
and recommend projects for funding, giving preference
to solutions that accelerate the recovery of species
identified as priorities through regional scientific
assessments of species of greatest conservation
need.</DELETED>
<DELETED> ``(4) Use of funds.--Funds apportioned from the
Subaccount--</DELETED>
<DELETED> ``(A) shall be used to implement the
Wildlife Conservation Strategy of a State, territory,
or the District of Columbia, as required under section
4(d), by carrying out, revising, or enhancing existing
wildlife and habitat conservation and restoration
programs and developing and implementing new wildlife
conservation and restoration programs to recover and
manage species of greatest conservation need and the
key habitats and plant community types essential to the
conservation of those species as determined by the
appropriate State fish and wildlife
department;</DELETED>
<DELETED> ``(B) shall be used to develop, revise,
and enhance the Wildlife Conservation Strategy of a
State, territory, or the District of Columbia, as may
be required by this Act;</DELETED>
<DELETED> ``(C) shall be used to assist in the
recovery of species found in the State, territory, or
the District of Columbia that are listed as endangered
species, threatened species, candidate species or
species proposed for listing, or species petitioned for
listing under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) or under State law;</DELETED>
<DELETED> ``(D) may be used for wildlife
conservation education and wildlife-associated
recreation projects, especially in historically
underserved communities;</DELETED>
<DELETED> ``(E) may be used to manage a species of
greatest conservation need whose range is shared with
another State, territory, Indian Tribe, or foreign
government and for the conservation of the habitat of
such species;</DELETED>
<DELETED> ``(F) may be used to manage, control, and
prevent invasive species, disease, and other risks to
species of greatest conservation need; and</DELETED>
<DELETED> ``(G) may be used for law enforcement
activities that are directly related to the protection
and conservation of a species of greatest conservation
need and the habitat of such species.</DELETED>
<DELETED> ``(5) Minimum required spending for endangered
species recovery.--Not less than an average of 15 percent over
a 5-year period of amounts apportioned to a State, territory,
or the District of Columbia from the Subaccount shall be used
for purposes described in paragraph (4)(C). The Secretary may
reduce the minimum requirement of a State, territory, or the
District of Columbia on an annual basis if the Secretary
determines that the State, territory, or the District of
Columbia is meeting the conservation and recovery needs of all
species described in paragraph (4)(C).</DELETED>
<DELETED> ``(6) Public access to private lands not
required.--Funds apportioned from the Subaccount shall not be
conditioned upon the provision of public access to private
lands, waters, or holdings.</DELETED>
<DELETED> ``(7) Requirements for matching funds.--</DELETED>
<DELETED> ``(A) For the purposes of the non-Federal
fund matching requirement for a wildlife conservation
or restoration program or project funded by the
Subaccount, a State, territory, or the District of
Columbia may use as matching non-Federal funds--
</DELETED>
<DELETED> ``(i) funds from Federal agencies
other than the Department of the Interior and
the Department of Agriculture;</DELETED>
<DELETED> ``(ii) donated private lands and
waters, including privately owned
easements;</DELETED>
<DELETED> ``(iii) in circumstances described
in subparagraph (B), revenue generated through
the sale of State hunting and fishing licenses;
and</DELETED>
<DELETED> ``(iv) other sources consistent
with part 80 of title 50, Code of Federal
Regulations, in effect on the date of enactment
of the Recovering America's Wildlife Act of
2021.</DELETED>
<DELETED> ``(B) Revenue described in subparagraph
(A)(iii) may only be used to fulfill the requirements
of such non-Federal fund matching requirement if--
</DELETED>
<DELETED> ``(i) no Federal funds apportioned
to the State fish and wildlife department of
such State from the Wildlife Restoration
Program or the Sport Fish Restoration Program
have been reverted because of a failure to
fulfill such non-Federal fund matching
requirement by such State during the previous 2
years; and</DELETED>
<DELETED> ``(ii) the project or program
being funded benefits the habitat of a hunted
or fished species and a species of greatest
conservation need.</DELETED>
<DELETED> ``(8) Definitions.--In this subsection, the
following definitions apply:</DELETED>
<DELETED> ``(A) Partnerships.--The term
`partnerships' may include collaborative efforts with
Federal agencies, State agencies, local agencies,
Indian Tribes, nonprofit organizations, academic
institutions, industry groups, and private individuals
to implement a State's Wildlife Conservation
Strategy.</DELETED>
<DELETED> ``(B) Species of greatest conservation
need.--The term `species of greatest conservation need'
may be fauna or flora, and may include terrestrial,
aquatic, marine, and invertebrate species that are of
low population, declining, rare, or facing threats and
in need of conservation attention, as determined by
each State fish and wildlife department, with respect
to funds apportioned to such State.</DELETED>
<DELETED> ``(C) Territory and territories.--The
terms `territory' and `territories' mean the
Commonwealth of Puerto Rico, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the
United States Virgin Islands.</DELETED>
<DELETED> ``(D) Wildlife.--The term `wildlife' means
any species of wild, freeranging fauna, including fish,
and also fauna in captive breeding programs the object
of which is to reintroduce individuals of a depleted
indigenous species into previously occupied
range.''.</DELETED>
<DELETED> (b) Allocation and Apportionment of Available Amounts.--
Section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669c) is amended--</DELETED>
<DELETED> (1) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) in subparagraph (A), by
striking ``to the District of Columbia and to
the Commonwealth of Puerto Rico, each'' and
inserting ``To the District of
Columbia'';</DELETED>
<DELETED> (ii) in subparagraph (B)--
</DELETED>
<DELETED> (I) by striking ``to
Guam'' and inserting ``To Guam'';
and</DELETED>
<DELETED> (II) by striking ``not
more than one-fourth of one percent''
and inserting ``not less than one-third
of one percent''; and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(C) To the Commonwealth of Puerto Rico,
a sum equal to not less than 1 percent
thereof.'';</DELETED>
<DELETED> (B) in paragraph (2)(A)--</DELETED>
<DELETED> (i) by amending clause (i) to read
as follows:</DELETED>
<DELETED> ``(i) one-half of which is based on the
ratio to which the land and water area of such State
bears to the total land and water area of all such
States;'';</DELETED>
<DELETED> (ii) in clause (ii)--</DELETED>
<DELETED> (I) by striking ``two-
thirds'' and inserting ``one-quarter'';
and</DELETED>
<DELETED> (II) by striking the
period and inserting ``; and'';
and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(iii) one-quarter of which is based upon
the ratio to which the number of species listed as
endangered or threatened under the Endangered Species
Act of 1973 (15 U.S.C. 1531 et seq.) in such State
bears to the total number of such species listed in all
such States.'';</DELETED>
<DELETED> (C) by amending paragraph (2)(B) to read
as follows:</DELETED>
<DELETED> ``(B) The amounts apportioned under this
paragraph shall be adjusted equitably so that no such
State, unless otherwise designated, shall be
apportioned a sum which is less than 1 percent or more
than 5 percent of the amount available for
apportionment under--</DELETED>
<DELETED> ``(i) subparagraph
(A)(i);</DELETED>
<DELETED> ``(ii) subparagraph (A)(ii);
and</DELETED>
<DELETED> ``(iii) the overall amount
available for subparagraph (A).'';
and</DELETED>
<DELETED> (D) in paragraph (3), by striking ``3
percent'' and inserting ``1.85 percent'';</DELETED>
<DELETED> (2) in subsection (e)(4), as redesignated--
</DELETED>
<DELETED> (A) by amending subparagraph (B) to read
as follows:</DELETED>
<DELETED> ``(B) Not more than an average of 15 percent over
a 5-year period of amounts apportioned to each State,
territory, or the District of Columbia under this section for a
wildlife conservation and restoration program may be used for
wildlife conservation education and wildlife-associated
recreation.''; and</DELETED>
<DELETED> (B) by inserting after subparagraph (B),
as so amended, the following:</DELETED>
<DELETED> ``(C) $55 million shall be reserved for
States and territories that include plants among their
species of greatest conservation need and in the
conservation planning and habitat prioritization
efforts of their Wildlife Conservation Strategy. Each
eligible State, territory, or the District of Columbia
shall receive an additional 5 percent of their
apportioned amount. Any unallocated resources shall be
allocated proportionally among all States and
territories under the formulas of this section.'';
and</DELETED>
<DELETED> (3) by adding at the end following:</DELETED>
<DELETED> ``(f) Minimization of Planning and Reporting.--Nothing in
this Act shall be interpreted to require a State to create a
comprehensive strategy related to conservation education or outdoor
recreation.</DELETED>
<DELETED> ``(g) Accountability.--Not more than one year after the
date of enactment of the Recovering America's Wildlife Act of 2021 and
every 3 years thereafter, each State fish and wildlife department shall
submit a 3-year work plan and budget for implementing its Wildlife
Conservation Strategy and a report describing the results derived from
activities accomplished under subsection (c)(4) during the previous 3
years to--</DELETED>
<DELETED> ``(1) the Committee on Environment and Public
Works of the Senate;</DELETED>
<DELETED> ``(2) the Committee on Natural Resources of the
House of Representatives; and</DELETED>
<DELETED> ``(3) the United States Fish and Wildlife
Service.''.</DELETED>
<DELETED>SEC. 102. TECHNICAL AMENDMENTS.</DELETED>
<DELETED> (a) Definitions.--Section 2 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669a) is amended--</DELETED>
<DELETED> (1) in paragraph (7), by striking ``including
fish,'';</DELETED>
<DELETED> (2) by redesignating paragraphs (6) through (9) as
paragraphs (5) through (8), respectively; and</DELETED>
<DELETED> (3) in paragraph (6), as redesignated by paragraph
(2), by inserting ``Indian Tribes, academic institutions,''
before ``wildlife conservation organizations''.</DELETED>
<DELETED> (b) Conforming Amendments.--The Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a et seq.) is amended--</DELETED>
<DELETED> (1) in section 3--</DELETED>
<DELETED> (A) in subsection (a)--</DELETED>
<DELETED> (i) by striking ``(1) An amount
equal to'' and inserting ``An amount equal
to''; and</DELETED>
<DELETED> (ii) by striking paragraph
(2);</DELETED>
<DELETED> (B) in subsection (c)--</DELETED>
<DELETED> (i) in paragraph (9), as
redesignated by section 101(a)(1), by striking
``or an Indian tribe''; and</DELETED>
<DELETED> (ii) in paragraph (10), as
redesignated by section 101(a)(1), by striking
``Wildlife Conservation and Restoration
Account'' and inserting ``Subaccount'';
and</DELETED>
<DELETED> (C) in subsection (d), by striking
``Wildlife Conservation and Restoration Account'' and
inserting ``Subaccount'';</DELETED>
<DELETED> (2) in section 4 (16 U.S.C. 669c)--</DELETED>
<DELETED> (A) in subsection (d), as redesignated--
</DELETED>
<DELETED> (i) in the heading, by striking
``Account'' and inserting ``Subaccount'';
and</DELETED>
<DELETED> (ii) by striking ``Account'' each
place it appears and inserting ``Subaccount'';
and</DELETED>
<DELETED> (B) in subsection (e)(1), as redesignated,
by striking ``Account'' and inserting ``Subaccount'';
and</DELETED>
<DELETED> (3) in section 8 (16 U.S.C. 669g), in subsection
(a), by striking ``Account'' and inserting
``Subaccount''.</DELETED>
<DELETED>SEC. 103. SAVINGS CLAUSE.</DELETED>
<DELETED> The Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669 et seq.) is amended--</DELETED>
<DELETED> (1) by redesignating section 13 as section 15;
and</DELETED>
<DELETED> (2) by inserting after section 12 the
following:</DELETED>
<DELETED>``SEC. 13. SAVINGS CLAUSE.</DELETED>
<DELETED> ``Nothing in this Act shall be construed to enlarge or
diminish the authority, jurisdiction, or responsibility of a State to
manage, control, or regulate fish and wildlife under the law and
regulations of the State on lands and waters within the State,
including on Federal lands and waters.</DELETED>
<DELETED>``SEC. 14. STATUTORY CONSTRUCTION WITH RESPECT TO
ALASKA.</DELETED>
<DELETED> ``If any conflict arises between any provision of this Act
and any provision of the Alaska National Interest Lands Conservation
Act (Public Law 46-487, 16 U.S.C. 3101 et seq.), then the provision in
the Alaska National Interest Lands Conservation Act shall
prevail.''.</DELETED>
<DELETED>TITLE II--TRIBAL WILDLIFE CONSERVATION AND
RESTORATION</DELETED>
<DELETED>SEC. 201. INDIAN TRIBES.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Account.--The term ``Account'' means the
Tribal Wildlife Conservation and Restoration Account
established by subsection (b)(1).</DELETED>
<DELETED> (2) Indian tribe.--The term ``Indian Tribe'' has
the meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304).</DELETED>
<DELETED> (3) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (4) Tribal species of greatest conservation
need.--The term ``Tribal species of greatest conservation
need'' means any species identified by an Indian Tribe as
requiring conservation management because of declining
population, habitat loss, or other threats, or because of their
biological or cultural importance to such Tribe.</DELETED>
<DELETED> (5) Wildlife.--The term ``wildlife'' means--
</DELETED>
<DELETED> (A) any species of wild flora or fauna
including fish and marine mammals;</DELETED>
<DELETED> (B) flora or fauna in a captive breeding,
rehabilitation, and holding or quarantine program, the
object of which is to reintroduce individuals of a
depleted indigenous species into previously occupied
range or to maintain a species for conservation
purposes; and</DELETED>
<DELETED> (C) does not include game farm
animals.</DELETED>
<DELETED> (b) Tribal Wildlife Conservation and Restoration
Account.--</DELETED>
<DELETED> (1) In general.--There is established in the
Treasury an account to be known as the ``Tribal Wildlife
Conservation and Restoration Account''.</DELETED>
<DELETED> (2) Availability.--Amounts in the Account shall be
available for each fiscal year without further appropriation
for apportionment in accordance with this title.</DELETED>
<DELETED> (3) Deposits into account.--</DELETED>
<DELETED> (A) In general.--Beginning in fiscal year
2022, and for each fiscal year thereafter, the
Secretary of the Treasury shall transfer $97,500,000
from the general fund of the Treasury to the
Account.</DELETED>
<DELETED> (B) Funding source.--</DELETED>
<DELETED> (i) Definition.--In this
subparagraph, the term ``remaining natural
resource or environmental-related violation
revenue'' means the amount of all civil or
criminal penalties, fines, sanctions,
forfeitures, or other revenues resulting from
natural resource or environmental-related
violations or enforcement actions by any
Federal agency that are not directed to be
deposited in a fund other than the general fund
of the Treasury or have otherwise been
appropriated.</DELETED>
<DELETED> (ii) Use of revenue.--Beginning in
fiscal year 2022, and for each fiscal year
thereafter, the total amount of the remaining
natural resource or environmental-related
violation revenue with respect to the previous
fiscal year--</DELETED>
<DELETED> (I) shall be deposited in
the general fund of the Treasury;
and</DELETED>
<DELETED> (II) shall be available
for the purposes of the transfer under
subparagraph (A).</DELETED>
<DELETED> (c) Distribution of Funds to Indian Tribes.--Each fiscal
year, the Secretary of the Treasury shall deposit funds into the
Account and distribute such funds through a noncompetitive application
process according to guidelines and criteria, and reporting
requirements determined by the Secretary of the Interior, acting
through the Director of the Bureau of Indian Affairs, in consultation
with Indian Tribes. Such funds shall remain available until
expended.</DELETED>
<DELETED> (d) Wildlife Management Responsibilities.--The
distribution guidelines and criteria described in subsection (c) shall
be based, in part, upon Indian Tribes' wildlife management
responsibilities.</DELETED>
<DELETED> (e) Use of Funds.--</DELETED>
<DELETED> (1) In general.--Except as provided in paragraph
(2), the Secretary may distribute funds from the Account to an
Indian Tribe for any of the following purposes:</DELETED>
<DELETED> (A) To develop, carry out, revise, or
enhance wildlife conservation and restoration programs
to manage Tribal species of greatest conservation need
and the habitats of such species as determined by the
Indian Tribe.</DELETED>
<DELETED> (B) To assist in the recovery of species
listed as an endangered or threatened species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).</DELETED>
<DELETED> (C) For wildlife conservation education
and wildlife-associated recreation projects.</DELETED>
<DELETED> (D) To manage a Tribal species of greatest
conservation need and the habitat of such species, the
range of which may be shared with a foreign country,
State, or other Indian Tribe.</DELETED>
<DELETED> (E) To manage, control, and prevent
invasive species as well as diseases and other risks to
wildlife.</DELETED>
<DELETED> (F) For law enforcement activities that
are directly related to the protection and conservation
of wildlife.</DELETED>
<DELETED> (G) To develop, revise, and implement
comprehensive wildlife conservation strategies and
plans for such Tribe.</DELETED>
<DELETED> (H) For the hiring and training of
wildlife conservation and restoration program
staff.</DELETED>
<DELETED> (2) Conditions on the use of funds.--</DELETED>
<DELETED> (A) Required use of funds.--In order to be
eligible to receive funds under subsection (c), a
Tribe's application must include a proposal to use
funds for at least one of the purposes described in
subparagraphs (A) and (B) of paragraph (1).</DELETED>
<DELETED> (B) Imperiled species recovery.--In
distributing funds under this section, the Secretary
shall distribute not less than 15 percent of the total
funds distributed to proposals to fund the recovery of
a species, subspecies, or distinct population segment
listed as a threatened species, endangered species, or
candidate species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) or Tribal law.</DELETED>
<DELETED> (C) Limitation.--In distributing funds
under this section, the Secretary shall distribute not
more than 15 percent of all funds distributed under
this section for the purpose described in paragraph
(1)(C).</DELETED>
<DELETED> (f) No Matching Funds Required.--No Indian Tribe shall be
required to provide matching funds to be eligible to receive funds
under this Act.</DELETED>
<DELETED> (g) Public Access Not Required.--Funds apportioned from
the Tribal Wildlife Conservation and Restoration Account shall not be
conditioned upon the provision of public or non-Tribal access to Tribal
or private lands, waters, or holdings.</DELETED>
<DELETED> (h) Administrative Costs.--Of the funds deposited under
subsection (b)(3) for each fiscal year, not more than 3 percent shall
be used by the Secretary for administrative costs.</DELETED>
<DELETED> (i) Savings Clause.--Nothing in this Act shall be
construed as modifying or abrogating a treaty with any Indian Tribe, or
as enlarging or diminishing the authority, jurisdiction, or
responsibility of an Indian Tribe to manage, control, or regulate
wildlife.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recovering America's Wildlife Act of
2022''.
SEC. 2. STATEMENT OF PURPOSE.
The purpose of this Act is to extend financial and technical
assistance to States, territories, the District of Columbia, and Indian
Tribes, including under the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669 et seq.), for the purpose of avoiding the need to list
species, or recovering species currently listed as a threatened species
or an endangered species, under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) or under State law.
TITLE I--WILDLIFE CONSERVATION AND RESTORATION
SEC. 101. WILDLIFE CONSERVATION AND RESTORATION SUBACCOUNT.
(a) In General.--Section 3 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b) is amended in subsection (c)--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(10) and (11); and
(2) by striking paragraph (1) and inserting the following:
``(1) Establishment of subaccount.--
``(A) In general.--There is established in the fund
a subaccount to be known as the `Wildlife Conservation
and Restoration Subaccount' (referred to in this
section as the `Subaccount').
``(B) Availability.--Amounts in the Subaccount
shall be available without further appropriation, for
each fiscal year, for apportionment in accordance with
this Act.
``(C) Deposits into subaccount.--
``(i) In general.--The Secretary of the
Treasury shall transfer from the general fund
of the Treasury to the Subaccount--
``(I) for fiscal year 2022,
$850,000,000;
``(II) for fiscal year 2023,
$1,100,000,000;
``(III) for fiscal year 2024,
$1,200,000,000; and
``(IV) for fiscal year 2025, and
for each fiscal year thereafter,
$1,300,000,000.
``(ii) Funding source.--
``(I) Definition.--In this clause,
the term `remaining natural resource or
environmental-related violation
revenue' means the amount of all civil
or criminal penalties, fines,
sanctions, forfeitures, or other
revenues resulting from natural
resource or environmental-related
violations or enforcement actions by
any Federal agency that are not
directed to be deposited in a fund
other than the general fund of the
Treasury or have otherwise been
appropriated.
``(II) Use of revenue.--Beginning
in fiscal year 2022, and for each
fiscal year thereafter, the total
amount of the remaining natural
resource or environmental-related
violation revenue with respect to the
previous fiscal year--
``(aa) shall be deposited
in the general fund of the
Treasury; and
``(bb) shall be available
for the purposes of the
transfer under clause (i).
``(2) Supplement not supplant.--Amounts transferred to the
Subaccount shall supplement, but not replace, existing funds
available to the States from--
``(A) the funds distributed pursuant to the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777 et seq.); and
``(B) the fund.
``(3) Innovation grants.--
``(A) In general.--The Secretary shall distribute
10 percent of funds apportioned from the Subaccount
through a competitive grant program to State fish and
wildlife departments, the District of Columbia fish and
wildlife department, fish and wildlife departments of
territories, or to regional associations of fish and
wildlife departments (or any group composed of more
than 1 such entity).
``(B) Purpose.--Such grants shall be provided for
the purpose of catalyzing innovation of techniques,
tools, strategies, or collaborative partnerships that
accelerate, expand, or replicate effective and
measurable recovery efforts for species of greatest
conservation need and species listed under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
and the habitats of such species.
``(C) Review committee.--The Secretary shall
appoint a review committee comprised of--
``(i) a State Director from each regional
association of State fish and wildlife
departments;
``(ii) the head of a department responsible
for fish and wildlife management in a
territory;
``(iii) one delegate from the United States
Fish and Wildlife Service, for the purpose of
providing technical assistance; and
``(iv) beginning in fiscal year 2022, four
individuals representing four different
nonprofit organizations each of which is
actively participating in carrying out wildlife
conservation restoration activities using funds
apportioned from the Subaccount.
``(D) Support from united states fish and wildlife
service.--Using not more than 3 percent of the amounts
apportioned under subparagraph (A) to carry out a
competitive grant program, the United States Fish and
Wildlife Service shall provide any personnel or
administrative support services necessary for such
Committee to carry out its responsibilities under this
Act.
``(E) Evaluation.--Such committee shall evaluate
each proposal submitted under this paragraph and
recommend projects for funding, giving preference to
solutions that accelerate the recovery of species
identified as priorities through regional scientific
assessments of species of greatest conservation need.
``(4) Use of funds.--Funds apportioned from the Subaccount
shall be used for purposes consistent with section 2 of the
Recovering America's Wildlife Act of 2022 and--
``(A) shall be used to implement the Wildlife
Conservation Strategy of a State, territory, or the
District of Columbia, as required under section 4(e),
by carrying out, revising, or enhancing existing
wildlife and habitat conservation and restoration
programs and developing and implementing new wildlife
conservation and restoration programs to recover and
manage species of greatest conservation need and the
key habitats and plant community types essential to the
conservation of those species, as determined by the
appropriate State fish and wildlife department;
``(B) shall be used to develop, revise, and enhance
the Wildlife Conservation Strategy of a State,
territory, or the District of Columbia, as may be
required by this Act;
``(C) shall be used to assist in the recovery of
species found in the State, territory, or the District
of Columbia that are listed as endangered species,
threatened species, candidate species or species
proposed for listing, or species petitioned for listing
under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) or under State law;
``(D) may be used for wildlife conservation
education and wildlife-associated recreation projects,
especially in historically underserved communities;
``(E) may be used to manage a species of greatest
conservation need whose range is shared with another
State, territory, Indian Tribe, or foreign government
and for the conservation of the habitat of such
species;
``(F) may be used to manage, control, and prevent
invasive species, disease, and other risks to species
of greatest conservation need; and
``(G) may be used for law enforcement activities
that are directly related to the protection and
conservation of a species of greatest conservation need
and the habitat of such species.
``(5) Minimum required spending for endangered species
recovery.--Not less than an average of 15 percent over a 5-year
period of amounts apportioned to a State, territory, or the
District of Columbia from the Subaccount shall be used for
purposes described in paragraph (4)(C). The Secretary may
reduce the minimum requirement of a State, territory, or the
District of Columbia on an annual basis if the Secretary
determines that the State, territory, or the District of
Columbia is meeting the conservation and recovery needs of all
species described in paragraph (4)(C).
``(6) Public access to private lands not required.--Funds
apportioned from the Subaccount shall not be conditioned upon
the provision of public access to private lands, waters, or
holdings.
``(7) Requirements for matching funds.--
``(A) For the purposes of the non-Federal fund
matching requirement for a wildlife conservation or
restoration program or project funded by the
Subaccount, a State, territory, or the District of
Columbia may use as matching non-Federal funds--
``(i) funds from Federal agencies other
than the Department of the Interior and the
Department of Agriculture;
``(ii) donated private lands and waters,
including privately owned easements;
``(iii) in circumstances described in
subparagraph (B), revenue generated through the
sale of State hunting and fishing licenses; and
``(iv) other sources consistent with part
80 of title 50, Code of Federal Regulations, in
effect on the date of enactment of the
Recovering America's Wildlife Act of 2022.
``(B) Revenue described in subparagraph (A)(iii)
may only be used to fulfill the requirements of such
non-Federal fund matching requirement if--
``(i) no Federal funds apportioned to the
State fish and wildlife department of such
State from the Wildlife Restoration Program or
the Sport Fish Restoration Program have been
reverted because of a failure to fulfill such
non-Federal fund matching requirement by such
State during the previous 2 years; and
``(ii) the project or program being funded
benefits the habitat of a hunted or fished
species and a species of greatest conservation
need.
``(8) Definitions.--In this subsection, the following
definitions apply:
``(A) Partnerships.--The term `partnerships' may
include collaborative efforts with Federal agencies,
State agencies, local agencies, Indian Tribes,
nonprofit organizations, academic institutions,
industry groups, and private individuals to implement a
State's Wildlife Conservation Strategy.
``(B) Species of greatest conservation need.--The
term `species of greatest conservation need' may be
fauna or flora, and may include terrestrial, aquatic,
marine, and invertebrate species that are of low
population, declining, rare, or facing threats and in
need of conservation attention, as determined by each
State fish and wildlife department, with respect to
funds apportioned to such State.
``(C) Territory and territories.--The terms
`territory' and `territories' mean the Commonwealth of
Puerto Rico, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, and the United States
Virgin Islands.
``(D) Wildlife.--The term `wildlife' means any
species of wild, freeranging fauna, including fish, and
also fauna in captive breeding programs the object of
which is to reintroduce individuals of a depleted
indigenous species into previously occupied range.''.
(b) Allocation and Apportionment of Available Amounts.--Section 4
of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is
amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``to
the District of Columbia and to the
Commonwealth of Puerto Rico, each'' and
inserting ``To the District of Columbia'';
(ii) in subparagraph (B)--
(I) by striking ``to Guam'' and
inserting ``To Guam''; and
(II) by striking ``not more than
one-fourth of one percent'' and
inserting ``not less than one-third of
one percent''; and
(iii) by adding at the end the following:
``(C) To the Commonwealth of Puerto Rico, a sum
equal to not less than 1 percent thereof.'';
(B) in paragraph (2)(A)--
(i) by amending clause (i) to read as
follows:
``(i) one-half of which is based on the ratio to
which the land and water area of such State bears to
the total land and water area of all such States;'';
(ii) in clause (ii)--
(I) by striking ``two-thirds'' and
inserting ``one-quarter''; and
(II) by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) one-quarter of which is based upon the
ratio to which the number of species listed as
endangered or threatened under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) in such State
bears to the total number of such species listed in all
such States.'';
(C) by amending paragraph (2)(B) to read as
follows:
``(B) The amounts apportioned under this paragraph
shall be adjusted equitably so that no such State,
unless otherwise designated, shall be apportioned a sum
which is less than 1 percent or more than 5 percent of
the amount available for apportionment under--
``(i) subparagraph (A)(i);
``(ii) subparagraph (A)(ii); and
``(iii) the overall amount available for
subparagraph (A).''; and
(D) in paragraph (3), by striking ``3 percent'' and
inserting ``1.85 percent'';
(2) in subsection (e)(4)--
(A) by amending subparagraph (B) to read as
follows:
``(B) Not more than an average of 15 percent over a 5-year
period of amounts apportioned to each State, territory, or the
District of Columbia under this section for a wildlife
conservation and restoration program may be used for wildlife
conservation education and wildlife-associated recreation.'';
and
(B) by inserting after subparagraph (B), as so
amended, the following:
``(C) 5 percent of amounts apportioned to each State, each
territory, or the District of Columbia under this section for a
wildlife conservation and restoration program shall be reserved
for States and territories that include plants among their
species of greatest conservation need and in the conservation
planning and habitat prioritization efforts of their Wildlife
Conservation Strategy. Each eligible State, territory, or the
District of Columbia shall receive an additional 5 percent of
their apportioned amount. Any unallocated resources shall be
allocated proportionally among all States and territories under
the formulas of this section.''; and
(3) by adding at the end following:
``(f) Minimization of Planning and Reporting.--Nothing in this Act
shall be interpreted to require a State to create a comprehensive
strategy related to conservation education or outdoor recreation.
``(g) Accountability.--
``(1) In general.--Not more than one year after the date of
enactment of the Recovering America's Wildlife Act of 2022 and
every 3 years thereafter, each State fish and wildlife
department shall submit a 3-year work plan and budget for
implementing its Wildlife Conservation Strategy and a report
describing the results derived from activities accomplished
under subsection (e) during the previous 3 years to the United
States Fish and Wildlife Service for review, which shall
summarize such findings and submit a report to--
``(A) the Committee on Environment and Public Works
of the Senate; and
``(B) the Committee on Natural Resources of the
House of Representatives.
``(2) Requirements.--The format of the 3-year work plans,
budgets, and reports required under paragraph (1) shall be
established by the United States Fish and Wildlife Service, in
consultation with the Association of Fish and Wildlife
Agencies.
``(3) GAO study.--Not later than 7 years after the date of
enactment of the Recovering America's Wildlife Act of 2022, the
Comptroller General of the United States shall conduct a study
to examine the progress of States, territories, the District of
Columbia, and Indian Tribes towards achieving the purpose
described in section 2 of that Act.''.
SEC. 102. TECHNICAL AMENDMENTS.
(a) Definitions.--Section 2 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a) is amended--
(1) in paragraph (7), by striking ``including fish,''; and
(2) in paragraph (9), by inserting ``Indian Tribes,
academic institutions,'' before ``wildlife conservation
organizations''.
(b) Conforming Amendments.--The Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a et seq.) is amended--
(1) in section 3--
(A) in subsection (a)--
(i) by striking ``(1) An amount equal to''
and inserting ``An amount equal to''; and
(ii) by striking paragraph (2);
(B) in subsection (c)--
(i) in paragraph (9), as redesignated by
section 101(a)(1), by striking ``or an Indian
tribe''; and
(ii) in paragraph (10), as redesignated by
section 101(a)(1), by striking ``Wildlife
Conservation and Restoration Account'' and
inserting ``Subaccount''; and
(C) in subsection (d), by striking ``Wildlife
Conservation and Restoration Account'' and inserting
``Subaccount'';
(2) in section 4 (16 U.S.C. 669c)--
(A) in subsection (d)--
(i) in the heading, by striking ``Account''
and inserting ``Subaccount''; and
(ii) by striking ``Account'' each place it
appears and inserting ``Subaccount''; and
(B) in subsection (e)(1), by striking ``Account''
and inserting ``Subaccount''; and
(3) in section 8 (16 U.S.C. 669g), in subsection (a), by
striking ``Account'' and inserting ``Subaccount''.
SEC. 103. SAVINGS CLAUSE.
The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et
seq.) is amended--
(1) by redesignating section 14 as section 16; and
(2) by inserting after section 13 the following:
``SEC. 14. SAVINGS CLAUSE.
``Nothing in this Act shall be construed to enlarge or diminish the
authority, jurisdiction, or responsibility of a State to manage,
control, or regulate fish and wildlife under the law and regulations of
the State on lands and waters within the State, including on Federal
lands and waters.
``SEC. 15. STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA.
``If any conflict arises between any provision of this Act and any
provision of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3101 et seq.) or the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.), then the provision in the Alaska National
Interest Lands Conservation Act or the Alaska Native Claims Settlement
Act shall prevail.''.
TITLE II--TRIBAL WILDLIFE CONSERVATION AND RESTORATION
SEC. 201. INDIAN TRIBES.
(a) Definitions.--In this section:
(1) Account.--The term ``Account'' means the Tribal
Wildlife Conservation and Restoration Account established by
subsection (b)(1).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Tribal species of greatest conservation need.--The term
``Tribal species of greatest conservation need'' means any
species identified by an Indian Tribe as requiring conservation
management because of declining population, habitat loss, or
other threats, or because of their biological or cultural
importance to such Tribe.
(5) Wildlife.--The term ``wildlife'' means--
(A) any species of wild flora or fauna including
fish and marine mammals;
(B) flora or fauna in a captive breeding,
rehabilitation, and holding or quarantine program, the
object of which is to reintroduce individuals of a
depleted indigenous species into previously occupied
range or to maintain a species for conservation
purposes; and
(C) does not include game farm animals.
(b) Tribal Wildlife Conservation and Restoration Account.--
(1) In general.--There is established in the Treasury an
account to be known as the ``Tribal Wildlife Conservation and
Restoration Account''.
(2) Availability.--Amounts in the Account shall be
available for each fiscal year without further appropriation
for apportionment in accordance with this title.
(3) Deposits into account.--
(A) In general.--Beginning in fiscal year 2022, and
for each fiscal year thereafter, the Secretary of the
Treasury shall transfer $97,500,000 from the general
fund of the Treasury to the Account.
(B) Funding source.--
(i) Definition.--In this subparagraph, the
term ``remaining natural resource or
environmental-related violation revenue'' means
the amount of all civil or criminal penalties,
fines, sanctions, forfeitures, or other
revenues resulting from natural resource or
environmental-related violations or enforcement
actions by any Federal agency that are not
directed to be deposited in a fund other than
the general fund of the Treasury or have
otherwise been appropriated.
(ii) Use of revenue.--Beginning in fiscal
year 2022, and for each fiscal year thereafter,
the total amount of the remaining natural
resource or environmental-related violation
revenue with respect to the previous fiscal
year--
(I) shall be deposited in the
general fund of the Treasury; and
(II) shall be available for the
purposes of the transfer under
subparagraph (A).
(c) Distribution of Funds to Indian Tribes.--Each fiscal year, the
Secretary of the Treasury shall deposit funds into the Account and
distribute such funds through a noncompetitive application process
according to guidelines and criteria, and reporting requirements
determined by the Secretary of the Interior, acting through the
Director of the Bureau of Indian Affairs, in consultation with Indian
Tribes. Such funds shall remain available until expended.
(d) Wildlife Management Responsibilities.--The distribution
guidelines and criteria described in subsection (c) shall be based, in
part, upon an Indian Tribe's wildlife management responsibilities. Any
funding allocated to an Indian Tribe in Alaska may only be used in a
manner consistent with the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.), the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3101 et seq.), and Public Law 85-508 (commonly known as
the ``Alaska Statehood Act'') (48 U.S.C. note prec. 21). Alaska Native
Corporations or Tribes may enter into cooperative agreements with the
State of Alaska on conservation projects of mutual concern.
(e) Use of Funds.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may distribute funds from the Account to an Indian
Tribe for any of the following purposes:
(A) To develop, carry out, revise, or enhance
wildlife conservation and restoration programs to
manage Tribal species of greatest conservation need and
the habitats of such species, as determined by the
Indian Tribe.
(B) To assist in the recovery of species listed as
an endangered or threatened species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(C) For wildlife conservation education and
wildlife-associated recreation projects.
(D) To manage a Tribal species of greatest
conservation need and the habitat of such species, the
range of which may be shared with a foreign country,
State, or other Indian Tribe.
(E) To manage, control, and prevent invasive
species as well as diseases and other risks to
wildlife.
(F) For law enforcement activities that are
directly related to the protection and conservation of
wildlife.
(G) To develop, revise, and implement comprehensive
wildlife conservation strategies and plans for such
Tribe.
(H) For the hiring and training of wildlife
conservation and restoration program staff.
(2) Conditions on the use of funds.--
(A) Required use of funds.--In order to be eligible
to receive funds under subsection (c), a Tribe's
application must include a proposal to use funds for at
least one of the purposes described in subparagraphs
(A) and (B) of paragraph (1).
(B) Imperiled species recovery.--In distributing
funds under this section, the Secretary shall
distribute not less than 15 percent of the total funds
distributed to proposals to fund the recovery of a
species, subspecies, or distinct population segment
listed as a threatened species, endangered species, or
candidate species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) or Tribal law.
(C) Limitation.--In distributing funds under this
section, the Secretary shall distribute not more than
15 percent of all funds distributed under this section
for the purpose described in paragraph (1)(C).
(f) No Matching Funds Required.--No Indian Tribe shall be required
to provide matching funds to be eligible to receive funds under this
Act.
(g) Public Access Not Required.--Funds apportioned from the Tribal
Wildlife Conservation and Restoration Account shall not be conditioned
upon the provision of public or non-Tribal access to Tribal or private
lands, waters, or holdings.
(h) Administrative Costs.--Of the funds deposited under subsection
(b)(3) for each fiscal year, not more than 3 percent shall be used by
the Secretary for administrative costs.
(i) Savings Clause.--Nothing in this Act shall be construed as
modifying or abrogating a treaty with any Indian Tribe, or as enlarging
or diminishing the authority, jurisdiction, or responsibility of an
Indian Tribe to manage, control, or regulate wildlife.
(j) Statutory Construction With Respect to Alaska.--If any conflict
arises between any provision of this Act and any provision of the
Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et
seq.) or the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), then the provision in the Alaska National Interest Lands
Conservation Act or the Alaska Native Claims Settlement Act shall
prevail.
TITLE III--ENDANGERED SPECIES RECOVERY AND HABITAT CONSERVATION LEGACY
FUND
SEC. 301. ENDANGERED SPECIES RECOVERY AND HABITAT CONSERVATION LEGACY
FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund, to be known as the ``Endangered Species Recovery
and Habitat Conservation Legacy Fund'' (referred to in this section as
the ``Fund'').
(b) Funding.--For each of fiscal years 2022 through 2025, the
Secretary of the Treasury shall transfer from the general fund of the
Treasury to the Fund $187,500,000.
(c) Availability of Funds.--Amounts in the Fund shall be available
to the Secretary of the Interior, acting through the Director of the
United States Fish and Wildlife Service (referred to in this section as
the ``Secretary''), as provided in subsection (e), without further
appropriation or fiscal year limitation.
(d) Investment of Amounts.--
(1) In general.--The Secretary may request the Secretary of
the Treasury to invest any portion of the Fund that is not, as
determined by the Secretary, required to meet the current needs
of the Fund.
(2) Requirement.--An investment requested under paragraph
(1) shall be made by the Secretary of the Treasury in a public
debt security--
(A) with a maturity suitable to the needs of the
Fund, as determined by the Secretary; and
(B) bearing interest at a rate determined by the
Secretary of the Treasury, taking into consideration
current market yields on outstanding marketable
obligations of the United States of comparable
maturity.
(3) Credits to fund.--The income on investments of the Fund
under this subsection shall be credited to, and form a part of,
the Fund.
(e) Use of Funds.--Amounts in the Fund shall be used for recovering
the species managed under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), in addition to amounts otherwise available for such
purposes, as follows:
(1) Endangered species recovery grant program.--$75,000,000
for each of fiscal years 2022 through 2025, to remain available
until expended, shall be used to establish and implement a
grant and technical assistance program, to be known as the
``Endangered Species Recovery Grant Program'', to provide
competitive matching grants for the purpose of recovering
species listed as a threatened species or an endangered species
under section 4 of the Endangered Species Act of 1973 (16
U.S.C. 1533) by addressing the backlog in the development of
recovery plans, and implementing the backlog of activities
identified in existing recovery plans, under subsection (f) of
that section (16 U.S.C. 1533(f)). The Secretary shall enter
into an agreement with the National Fish and Wildlife
Foundation to establish and cooperatively manage the Endangered
Species Recovery Grant Program in accordance with the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the
National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3701 et seq.).
(2) Interagency consultation responsibilities.--$75,000,000
for each of fiscal years 2022 through 2025, to remain available
until expended, shall be used for the United States Fish and
Wildlife Service to address interagency consultation
responsibilities under section 7 of the Endangered Species Act
of 1973 (16 U.S.C. 1536).
(3) Conservation activities.--$28,125,000 for each of
fiscal years 2022 through 2025, to remain available until
expended, shall be used for the United States Fish and Wildlife
Service to work with non-Federal entities, including through,
but not limited to, the Partners for Fish and Wildlife Program,
the Coastal Program, and the North American Wetlands
Conservation Act (16 U.S.C. 4401 et seq.)--
(A) to conserve at risk species, species that are
candidates or proposed for listing, and species that
are listed as threatened or endangered species under
section 4 of the Endangered Species Act of 1973 (16
U.S.C. 1533), including through rescue and
rehabilitation efforts; and
(B) to conserve wildlife habitat.
(4) Voluntary conservation agreements.--$9,375,000 for each
of fiscal years 2022 through 2025, to remain available until
expended, shall be used for the United States Fish and Wildlife
Service to address the development and permitting of voluntary
conservation agreements under section 10 of the Endangered
Species Act of 1973 (16 U.S.C. 1539).
(f) Supplement, Not Supplant.--Amounts made available under this
section shall supplement and not supplant any other Federal amounts
made available to carry out activities described in this section in an
annual appropriations Act of Congress.
(g) Submission of Species Lists to Congress.--
(1) Priority list of species.--Not later than 90 days after
the date of enactment of this Act, the Secretary, shall submit
to the Committees on Environment and Public Works and
Appropriations of the Senate and the Committees on Natural
Resources and Appropriations of the House of Representatives a
list of threatened species and endangered species for which
recovery plans described in subsection (e)(1) will be developed
or implemented for fiscal year 2023.
(2) Annual list of species.--Until the date on which all of
the amounts in the Fund are expended, the President shall
annually submit to Congress, together with the annual budget of
the United States, a list of threatened species and endangered
species for which recovery plans described in subsection (e)(1)
will be developed or implemented with amounts from the Fund.
(h) Public Donations.--
(1) In general.--The Secretary may accept public cash
donations that advance efforts--
(A) to address the backlog in the development and
implementation of recovery plans; and
(B) to encourage relevant public-private
partnerships.
(2) Credits to fund.--Any cash donations accepted under
paragraph (1) shall be credited to, and form a part of, the
Fund.
(3) Rejection of donations.--The Secretary may reject a
donation under this section when the rejection is in the
interest of the Federal Government, as determined by the
Secretary.
(i) Allocation Authority.--
(1) Submission of cost estimates.--The President shall
submit to Congress detailed allocations by program element of
the amount recommended for allocation in a fiscal year from
amounts made available under subsection (c), consistent with
the use of funds under subsection (e), as follows:
(A) For fiscal year 2023, not later than 90 days
after the date of enactment of this Act.
(B) For each fiscal year thereafter, until the date
on which all of the amounts in the Fund are allocated,
as part of the annual budget submission of the
President under section 1105(a) of title 31, United
States Code.
(2) Alternate allocation.--
(A) In general.--The Committees on Appropriations
of the Senate and House of Representatives may provide
for alternate allocation of amounts recommended for
allocation in a given fiscal year from amounts made
available under subsection (c), consistent with the use
of funds under subsection (e), including allocations by
program element.
(B) Allocation by president.--
(i) No alternate allocations.--If Congress
has not enacted legislation establishing
alternate allocations, including by program, by
the date on which the Act making full-year
appropriations for the Department of the
Interior, Environment, and Related Agencies for
the applicable fiscal year is enacted into law,
only then shall amounts recommended for
allocation for that fiscal year from amounts
made available under subsection (c), consistent
with the use of funds under subsection (e), be
allocated by the President or apportioned or
allotted by program pursuant to title 31,
United States Code.
(ii) Insufficient alternate allocation.--If
Congress enacts legislation establishing
alternate allocations, including by program,
for amounts recommended for allocation in a
given fiscal year from amounts made available
under subsection (c), consistent with the use
of funds under subsection (e), that are less
than the full amount recommended for allocation
for that fiscal year, the difference between
the amount recommended for allocation and the
alternate allocation shall be allocated by the
President and apportioned and allotted by
program pursuant to title 31, United States
Code.
(j) Prohibitions.--No amounts from the Fund shall be used--
(1) to make any listing determination relating to the
endangered or threatened status of any species pursuant to
section 4(a) of the Endangered Species Act of 1973 (16 U.S.C.
1533(a));
(2) on any experimental population (as defined in paragraph
(1) of section 10(j) of the Endangered Species Act of 1973 (16
U.S.C. 1539(j))) of a threatened or endangered species that is
determined to be nonessential under that section;
(3) outside of the United States (as defined in section 3
of the Endangered Species Act of 1973 (16 U.S.C. 1532)); and
(4) to acquire any Federal land.
Calendar No. 354
117th CONGRESS
2d Session
S. 2372
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A BILL
To amend the Pittman-Robertson Wildlife Restoration Act to make
supplemental funds available for management of fish and wildlife
species of greatest conservation need as determined by State fish and
wildlife agencies, and for other purposes.
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April 27, 2022
Reported with an amendment