[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3494 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3494
To create dedicated funds to conserve butterflies in North America,
plants in the Pacific Islands, freshwater mussels in the United States,
and desert fish in the Southwest United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 18, 2023
Mr. Grijalva (for himself, Mrs. Dingell, Mr. Sablan, Mr. Cohen, Ms.
Norton, Mr. Huffman, Mr. Soto, Mr. Blumenauer, Ms. Velazquez, and Mr.
Neguse) introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To create dedicated funds to conserve butterflies in North America,
plants in the Pacific Islands, freshwater mussels in the United States,
and desert fish in the Southwest United States, 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.
(a) Short Title.--This Act may be cited as the ``Extinction
Prevention Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
TITLE I--NORTH AMERICA BUTTERFLY CONSERVATION ACT OF 2023
Sec. 101. Short title.
Sec. 102. Purposes.
Sec. 103. Definitions.
Sec. 104. North America butterfly conservation assistance.
Sec. 105. North America Butterfly Conservation Fund.
Sec. 106. Authorization of appropriations.
Sec. 107. Report to Congress.
TITLE II--PACIFIC ISLANDS PLANT CONSERVATION FUND ACT OF 2023
Sec. 201. Short title.
Sec. 202. Purposes.
Sec. 203. Definitions.
Sec. 204. Pacific Islands plant conservation assistance.
Sec. 205. Pacific Islands Plant Conservation Fund.
Sec. 206. Authorization of appropriations.
Sec. 207. Report to Congress.
TITLE III--FRESHWATER MUSSEL CONSERVATION FUND ACT OF 2023
Sec. 301. Short title.
Sec. 302. Purposes.
Sec. 303. Definitions.
Sec. 304. United States freshwater mussel conservation assistance.
Sec. 305. Freshwater Mussel Conservation Fund.
Sec. 306. Authorization of appropriations.
Sec. 307. Report to Congress.
TITLE IV--SOUTHWEST DESERT FISH CONSERVATION FUND ACT OF 2023
Sec. 401. Short title.
Sec. 402. Purposes.
Sec. 403. Definitions.
Sec. 404. Southwest desert fish conservation assistance.
Sec. 405. Southwest Desert Fish Conservation Fund.
Sec. 406. Authorization of appropriations.
Sec. 407. Report to Congress.
TITLE I--NORTH AMERICA BUTTERFLY CONSERVATION ACT OF 2023
SEC. 101. SHORT TITLE.
This title may be cited as the ``North America Butterfly
Conservation Fund Act of 2023''.
SEC. 102. PURPOSES.
The purposes of this title are--
(1) to perpetuate healthy populations of butterflies in
North America;
(2) to assist in the conservation of threatened and
endangered butterflies by supporting conservation initiatives
in North America; and
(3) to provide financial resources and to foster
international cooperation for those initiatives.
SEC. 103. DEFINITIONS.
In this title:
(1) North america butterfly conservation.--The term ``North
America butterfly conservation'' means the use of all methods
and procedures necessary to protect habitats of butterflies in
North America and of butterflies in those habitats, including--
(A) protection, restoration, and management of
habitats;
(B) onsite research and monitoring of populations,
habitats, annual reproduction, and butterfly species
population trends;
(C) assistance in the development, implementation,
and improvement of national and regional management
plans;
(D) enforcement and implementation of applicable
conservation laws; and
(E) community outreach and education.
(2) Fund.--The term ``Fund'' means the North America
Butterfly Conservation Fund established by section 105.
(3) Butterfly; butterflies.--The terms ``butterfly'' and
``butterflies'' mean any member of the order Lepidoptera.
(4) North america.--The term ``North America'' means the
United States, Canada, Mexico, Antigua and Barbuda, Bahamas,
Barbados, Belize, Costa Rica, Cuba, Dominica, Dominican
Republic, El Salvador, Grenada, Guatemala, Haiti, Honduras,
Jamaica, Nicaragua, Panama, Saint Kitts and Nevis, Saint Lucia,
Saint Vincent and the Grenadines, and Trinidad and Tobago.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 104. NORTH AMERICA BUTTERFLY CONSERVATION ASSISTANCE.
(a) Assistance.--
(1) In general.--The Secretary shall, in consultation with
other Federal officials, use amounts in the Fund to provide
competitive financial assistance, including multiyear grants,
for North America butterfly conservation projects.
(2) Use of existing authorities.--Assistance provided under
this section shall be carried out in a manner consistent with
authorities available to the Secretary under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(b) Project Proposals.--
(1) Eligible applicants.--A proposal for a North America
butterfly conservation project may be submitted to the
Secretary under this section by--
(A) a State or Tribal agency, research institution,
nonprofit organization, or wildlife management
authority in North America that--
(i) exercises control or has jurisdiction
over butterfly habitat; and
(ii) directly or indirectly affects North
America butterfly conservation; or
(B) any other individual or entity, as the
Secretary determines appropriate, with the demonstrated
expertise required to carry out North America butterfly
conservation.
(2) Federal partnership opportunities.--A Federal agency
may not be a lead entity or receive funding for a project under
this section, but may be included as a partner or collaborator
on a project that receives such funding.
(3) Required elements.--A project proposal submitted under
this section shall include--
(A) a statement of the purposes of the project;
(B) the name of the individual or entity with
overall responsibility for the project;
(C) a description of--
(i) the qualifications of the individual or
entity that will conduct the project;
(ii) methods for project implementation and
outcome assessment;
(iii) staffing and stakeholder engagement
for the project, including mechanisms to
encourage adequate local public participation
in project development and implementation;
(iv) the logistics of the project,
including cost estimates and timelines; and
(v) anticipated outcomes of the project;
(D) evidence of free, informed, and prior consent
by indigenous communities in the area in which the
project will be conducted, if the Secretary determines
that such consent is required for the success of the
project;
(E) assurances that the project will be implemented
in consultation with relevant wildlife management
authorities, Tribes, and other appropriate government
officials;
(F) demonstrated sensitivity to local historic and
cultural resources and compliance with applicable laws;
(G) information that demonstrates the potential of
the project to contribute to North America butterfly
conservation;
(H) evidence of support for the project from each
appropriate governmental entity of each country, Tribe,
and indigenous community in which the project will be
conducted, if the Secretary determines that such
support is required for the success of the project;
(I) information regarding the source and amount of
any matching funding available for the project; and
(J) such other information as the Secretary
determines appropriate.
(c) Project Review and Approval.--
(1) In general.--The Secretary shall--
(A) not later than 30 days after receiving a
project proposal, provide a copy of the proposal to
other Federal officials, as appropriate; and
(B) review each project proposal to determine
whether the proposal meets the criteria specified in
subsection (d).
(2) Consultation; approval or disapproval.--Not later than
180 days after receiving a project proposal, the Secretary
shall, after consulting with other Federal officials, as
appropriate, with respect to each project proposal submitted
under this section--
(A) consult on the project proposal with the
government of each country in which the project is to
be conducted;
(B) after taking into consideration any comments
resulting from such consultation, approve or disapprove
the project proposal; and
(C) provide written notification of the approval or
disapproval to the individual or entity that submitted
the project proposal, such other Federal officials, and
each country described in subparagraph (A).
(d) Criteria for Approval.--
(1) In general.--The Secretary may approve a project
proposal under this section if the project will help recover
and sustain viable populations of butterflies in the wild by
assisting efforts to implement North America butterfly
conservation programs.
(2) Priority.--In selecting projects for approval, the
Secretary shall give priority to projects that conserve species
of butterflies that are listed as a threatened or endangered
species under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(3) Project sustainability.--To the maximum extent
practicable, in determining whether to approve a project
proposal under this section, the Secretary shall give
preference to projects that are designed to ensure effective
and long-term North America butterfly conservation.
(4) Matching funds.--In determining whether to approve a
project proposal under this section, the Secretary shall give
preference to projects for which matching funds are available.
(5) Waiver.--The Secretary may waive the application of
paragraphs (2), (3), or (4) with respect to a project if the
Secretary--
(A) has identified the project as of high priority;
and
(B) finds that such waiver is necessary to support
the project.
(e) Project Reporting.--
(1) In general.--Each individual or entity that receives
assistance under this section for a project shall submit to the
Secretary periodic reports (at such intervals as the Secretary
determines appropriate) that include all information that the
Secretary, after consultation with other government officials,
determines is necessary to evaluate the progress and success of
such project for the purposes of ensuring positive results,
assessing problems, and fostering improvements.
(2) Availability to the public.--The Secretary shall make
available to the public each report submitted under paragraph
(1) and any other document relating to a project for which
financial assistance is provided under this title.
SEC. 105. NORTH AMERICA BUTTERFLY CONSERVATION FUND.
(a) Establishment.--There is established in the Treasury a separate
account, to be known as the ``North America Butterfly Conservation
Fund'', consisting of--
(1) amounts transferred to the Secretary for deposit into
the Fund under subsection (e);
(2) amounts appropriated to the Fund under section 106; and
(3) any interest earned on investment of amounts in the
Fund under subsection (c).
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), at the request
of the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary, without further appropriation,
such amounts as the Secretary determines are necessary to carry
out section 104.
(2) Administrative expenses.--Of the amounts in the Fund
available for each fiscal year, the Secretary may expend the
greater of 3 percent of such amounts or $80,000 to pay the
administrative expenses necessary to carry out this title.
(c) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals. Such investments may be made only in interest-
bearing obligations of the United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at
market price.
(3) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at market
price.
(4) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(d) Transfers of Amounts.--
(1) In general.--The Secretary of the Treasury shall
transfer at least monthly the amounts required to be
transferred to the Fund under this section from the general
fund of the Treasury to the Fund on the basis of estimates made
by the Secretary of the Treasury.
(2) Adjustments.--The Secretary of the Treasury shall make
proper adjustment in amounts subsequently transferred to the
extent prior estimates were in excess of or less than the
amounts required to be transferred.
(e) Acceptance and Use of Donations.--
(1) In general.--The Secretary may accept for the
Government a gift of any of the following to provide assistance
under section 104:
(A) Money.
(B) An obligation of the Government included in the
public debt made only on the condition that the
obligation be canceled and retired and not reissued.
(C) Other intangible personal property made only on
the condition that the property is sold on the best
terms available and the proceeds are deposited in the
Fund.
(2) Discretion to reject a gift.--The Secretary may reject
a gift under this section when the rejection is in the interest
of the Government.
(3) Taxes.--If a gift received under this subsection is
subject to a gift or inheritance tax, the Secretary may pay the
tax out of the proceeds of the gift or the proceeds of the
redemption or sale of the gift.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary $5,000,000
for each of fiscal years 2024 through 2029 to carry out this title.
SEC. 107. REPORT TO CONGRESS.
(a) In General.--Not later than January 31 of each calendar year
after the date of the enactment of this title, the Secretary shall
submit to Congress a report regarding the Fund and the status of
butterflies in North America during the preceding calendar year.
(b) Contents of Reports.--Each report submitted under subsection
(a) shall include, with respect to the calendar year for which such
report is submitted--
(1) the total amount deposited into and expended from the
Fund;
(2) the costs associated with carrying out this title;
(3) a summary of the projects for which the Secretary
provided assistance under section 104 and an evaluation of such
projects; and
(4) an evaluation of the status of threatened and
endangered populations of butterflies in North America.
TITLE II--PACIFIC ISLANDS PLANT CONSERVATION FUND ACT OF 2023
SEC. 201. SHORT TITLE.
This title may be cited as the ``Pacific Islands Plant Conservation
Fund Act of 2023''.
SEC. 202. PURPOSES.
The purposes of this title are--
(1) to assist in the conservation of threatened and
endangered species of plants in the Pacific Islands; and
(2) to support and provide financial resources for projects
to conserve such species of plants and the ecosystems of such
species of plants and to address other threats to the survival
of such species of plants.
SEC. 203. DEFINITIONS.
In this title:
(1) Pacific islands plant conservation.--The term ``Pacific
Islands plant conservation'' means the use of all methods and
procedures necessary to protect species of plants in the
Pacific Islands including--
(A) protection, restoration, and management of
ecosystems;
(B) onsite research and monitoring of populations,
ecosystems, annual reproduction, and plant population
trends;
(C) assistance in the development, implementation,
and improvement of management plans;
(D) enforcement and implementation of applicable
conservation laws; and
(E) community outreach and education.
(2) Fund.--The term ``Fund'' means the Pacific Islands
Plant Conservation Fund established by section 205.
(3) Pacific islands.--The term ``Pacific Islands'' means
the Hawaiian Islands and the United States territories of Guam,
American Samoa, and the Northern Mariana Islands.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 204. PACIFIC ISLANDS PLANT CONSERVATION ASSISTANCE.
(a) Assistance.--
(1) In general.--The Secretary shall, in consultation with
other Federal officials, use amounts in the Fund to provide
competitive financial assistance, including multiyear grants,
for Pacific Islands plant conservation projects.
(2) Use of existing authorities.--Assistance provided under
this section shall be carried out in a manner consistent with
authorities available to the Secretary under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(b) Project Proposals.--
(1) Eligible applicants.--A project proposal for Pacific
Islands plant conservation may be submitted to the Secretary
under this section by a State, territory, or Tribal agency or
any other individual or entity, as determined appropriate by
the Secretary, with the expertise required to carry out Pacific
Islands plant conservation.
(2) Federal partnership opportunities.--A Federal agency
may not be a lead entity or receive funding for a project under
this section, but may be included as a partner or collaborator
on a project that receives such funding.
(3) Required elements.--A project proposal submitted under
this section shall include--
(A) a statement of the purposes of the project;
(B) the name of the individual or entity with
overall responsibility for the project;
(C) a description of--
(i) the qualifications of the individual or
entity that will conduct the project;
(ii) methods for project implementation and
outcome assessment;
(iii) staffing and stakeholder engagement
for the project, including mechanisms to ensure
adequate local public participation in project
development and implementation;
(iv) the logistics of the project,
including cost estimates and timelines;
(v) anticipated outcomes of the project;
and
(vi) how the project will promote
sustainable, effective, long-term programs to
conserve plant populations on the Pacific
Islands;
(D) assurances that the project will be implemented
in consultation with relevant wildlife management
authorities, Tribes, and other appropriate government
officials;
(E) demonstrated sensitivity to local historic and
cultural resources and compliance with applicable laws;
(F) information that demonstrates the potential of
the project to contribute to Pacific Islands plant
conservation;
(G) information regarding the source and amount of
any matching funding available for the project; and
(H) such other information as the Secretary
determines appropriate.
(c) Project Review and Approval.--
(1) In general.--The Secretary shall--
(A) not later than 30 days after receiving a
project proposal, provide a copy of the proposal to
other Federal officials, as appropriate; and
(B) review each project proposal to determine
whether the proposal meets the criteria specified in
subsection (d).
(2) Consultation; approval or disapproval.--The Secretary
shall, after consulting with other Federal officials, as
appropriate, with respect to each project proposal submitted
under this section--
(A) consult on the project proposal with the
government of each State or territory in which such
project is to be conducted;
(B) after taking into consideration any comments
resulting from such consultation, approve or disapprove
the project proposal; and
(C) provide written notification of the approval or
disapproval to the individual or entity that submitted
the project proposal, such other Federal officials, and
each State or territory described in subparagraph (A).
(d) Criteria for Approval.--
(1) In general.--The Secretary may approve a project
proposal under this section if the project will help recover
and sustain viable populations of threatened and endangered
plants by assisting efforts to implement Pacific Islands plant
conservation programs.
(2) Priority.--In selecting projects for approval, the
Secretary shall give priority to projects that conserve species
of plants that are listed as a threatened or endangered species
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et.
seq.).
(3) Project sustainability.--To the maximum extent
practicable, in determining whether to approve a project
proposal under this section, the Secretary shall give
preference to projects that are designed to ensure effective
and long-term Pacific Islands plant conservation.
(4) Matching funds.--In determining whether to approve a
project proposal under this section, the Secretary shall give
preference to projects for which matching funds are available.
(5) Waiver.--The Secretary may waive the application of
paragraphs (2), (3), or (4) with respect to a project if the
Secretary--
(A) has identified the project as of high priority;
and
(B) finds that such waiver is necessary to support
the project.
(e) Project Reporting.--
(1) In general.--Each individual or entity that receives
assistance under this section for a project shall submit to the
Secretary periodic reports (at such intervals as the Secretary
determines appropriate) that include all information that the
Secretary, after consultation with other government officials,
determines is necessary to evaluate the progress and success of
such project for the purposes of ensuring positive results,
assessing problems, and fostering improvements.
(2) Availability to the public.--The Secretary shall make
available to the public each report submitted under paragraph
(1) and any other document relating to a project for which
financial assistance is provided under this title.
SEC. 205. PACIFIC ISLANDS PLANT CONSERVATION FUND.
(a) Establishment.--There is established in the Treasury a separate
account, to be known as the ``Pacific Islands Plant Conservation
Fund'', consisting of--
(1) amounts transferred to the Secretary for deposit into
the Fund under subsection (e);
(2) amounts appropriated to the Fund under section 206; and
(3) any interest earned on investment of amounts in the
Fund under subsection (c).
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), at the request
of the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary, without further appropriation,
such amounts as the Secretary determines are necessary to carry
out section 204.
(2) Administrative expenses.--Of the amounts in the Fund
available for each fiscal year, the Secretary may expend the
greater of 3 percent of such amounts or $80,000 to pay the
administrative expenses necessary to carry out this title.
(c) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals. Such investments may be made only in interest-
bearing obligations of the United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at
market price.
(3) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at market
price.
(4) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(d) Transfers of Amounts.--
(1) In general.--The Secretary of the Treasury shall
transfer at least monthly the amounts required to be
transferred to the Fund under this section from the general
fund of the Treasury to the Fund on the basis of estimates made
by the Secretary of the Treasury.
(2) Adjustments.--The Secretary of the Treasury shall make
proper adjustment in amounts subsequently transferred to the
extent prior estimates were in excess of or less than the
amounts required to be transferred.
(e) Acceptance and Use of Donations.--
(1) In general.--The Secretary may accept for the
Government a gift of any of the following to provide assistance
under section 204:
(A) Money.
(B) An obligation of the Government included in the
public debt made only on the condition that the
obligation be canceled and retired and not reissued.
(C) Other intangible personal property made only on
the condition that the property is sold on the best
terms available and the proceeds are deposited in the
Fund.
(2) Discretion to reject a gift.--The Secretary may reject
a gift under this section when the rejection is in the interest
of the Government.
(3) Taxes.--If a gift received under this subsection is
subject to a gift or inheritance tax, the Secretary may pay the
tax out of the proceeds of the gift or the proceeds of the
redemption or sale of the gift.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary $5,000,000
for each of fiscal years 2024 through 2029 to carry out this title.
SEC. 207. REPORT TO CONGRESS.
(a) In General.--Not later than January 31 of each calendar year
after the date of the enactment of this title, the Secretary shall
submit to Congress a report regarding the Fund and the status of
species of plants in the Pacific Islands during the preceding calendar
year.
(b) Contents of Reports.--Each report submitted under subsection
(a) shall include with respect to the calendar year for which the
report is submitted--
(1) the total amount deposited into and expended from the
Fund;
(2) the costs associated with carrying out this title;
(3) a summary of the projects for which the Secretary
provided assistance under section 204 and an evaluation of such
projects; and
(4) an evaluation of the status of threatened and
endangered populations of plants in the Pacific Islands.
TITLE III--FRESHWATER MUSSEL CONSERVATION FUND ACT OF 2023
SEC. 301. SHORT TITLE.
This title may be cited as the ``Freshwater Mussel Conservation
Fund Act of 2023''.
SEC. 302. PURPOSES.
The purposes of this title are--
(1) to assist in the conservation of threatened and
endangered freshwater mussels and the habitats of such
freshwater mussels in the United States; and
(2) to support and provide financial resources for projects
to conserve such freshwater mussels and the habitats of such
freshwater mussels and to address other threats to the survival
of such freshwater mussels.
SEC. 303. DEFINITIONS.
In this title:
(1) United states freshwater mussel conservation.--The term
``United States freshwater mussel conservation'' means the use
of all methods and procedures necessary to protect habitats of
freshwater mussel species in the United States and of the
freshwater mussel species in those habitats, including--
(A) protection, restoration, and management of
habitats;
(B) onsite research and monitoring of populations,
habitats, annual reproduction, and freshwater mussel
species population trends;
(C) assistance in the development, implementation,
and improvement of national and regional management
plans;
(D) enforcement and implementation of applicable
conservation laws; and
(E) community outreach and education.
(2) Fund.--The term ``Fund'' means the Freshwater Mussel
Conservation Fund established by section 305.
(3) Freshwater mussel; freshwater mussels.--The terms
``freshwater mussel'' and ``freshwater mussels'' mean any
member of the order Unioinida.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 304. UNITED STATES FRESHWATER MUSSEL CONSERVATION ASSISTANCE.
(a) Assistance.--
(1) In general.--The Secretary shall, in consultation with
other Federal officials, use amounts in the Fund to provide
competitive financial assistance, including multiyear grants,
for United States freshwater mussel conservation projects.
(2) Use of existing authorities.--Assistance provided under
this section shall be carried out in a manner consistent with
authorities available to the Secretary under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(b) Project Proposals.--
(1) Eligible applicants.--A project proposal for United
States freshwater mussel conservation may be submitted to the
Secretary under this section by a State or Tribal agency,
research institution, nonprofit organization, or any other
individual or entity, as determined appropriate by the
Secretary, with the expertise required to carry out United
States freshwater mussel conservation.
(2) Federal partnership opportunities.--A Federal agency
may not be a lead entity or receive funding for a project under
this section, but may be included as a partner or collaborator
on a project that receives such funding.
(3) Required elements.--A project proposal submitted under
this section shall include--
(A) a statement of the purposes of the project;
(B) the name of the individual or entity with
overall responsibility for the project;
(C) a description of--
(i) the qualifications of the individual or
entity that will conduct the project;
(ii) methods for project implementation and
outcome assessment;
(iii) staffing and stakeholder engagement
for the project, including mechanisms to ensure
adequate local public participation in project
development and implementation;
(iv) the logistics of the project,
including cost estimates and timelines;
(v) anticipated outcomes of the project;
and
(vi) how the project will promote
sustainable, effective, long-term programs to
conserve freshwater mussels in the United
States;
(D) assurances that the project will be implemented
in consultation with relevant wildlife management
authorities, Tribes, and other appropriate government
officials;
(E) demonstrated sensitivity to local historic and
cultural resources and compliance with applicable laws;
(F) information that demonstrates the potential of
the project to contribute to United States freshwater
mussel conservation;
(G) information regarding the source and amount of
any matching funding available for the project; and
(H) such other information as the Secretary
determines appropriate.
(c) Project Review and Approval.--
(1) In general.--The Secretary shall--
(A) solicit project proposals for assistance under
this section;
(B) provide a copy of each project proposal
submitted in response to such solicitation to other
Federal officials, as appropriate; and
(C) review each such proposal on a timeline that
recognizes the urgency of the declining number of
freshwater mussels in the United States to determine
whether the proposal meets the criteria specified in
subsection (d).
(2) Consultation; approval or disapproval.--The Secretary
shall, after consulting with other Federal officials, as
appropriate, with respect to each project proposal submitted
under this section--
(A) consult on the project proposal with the
government of each State in which the project is to be
conducted;
(B) after taking into consideration any comments
resulting from such consultation, approve or disapprove
the project proposal; and
(C) provide written notification of the approval or
disapproval to the individual or entity that submitted
the project proposal, such other Federal officials, and
each State described in subparagraph (A).
(d) Criteria for Approval.--
(1) In general.--The Secretary may approve a project
proposal under this section if the project shows promise for
contributing to recovering and sustaining freshwater mussel
populations in the wild in the United States.
(2) Priority.--In selecting projects for approval, the
Secretary shall give priority to projects that conserve species
of freshwater mussels that are listed as a threatened or
endangered species under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(3) Project sustainability.--To the maximum extent
practicable, in determining whether to approve a project
proposal under this section, the Secretary shall give
preference to projects that are designed to ensure effective
and long-term United States freshwater mussel conservation.
(4) Matching funds.--In determining whether to approve a
project proposal under this section, the Secretary shall give
preference to projects for which matching funds are available.
(5) Waiver.--The Secretary may waive the application of
paragraphs (2), (3), or (4) with respect to a project if the
Secretary--
(A) has identified the project as of high priority;
and
(B) finds that such waiver is necessary to support
the project.
(e) Project Reporting.--
(1) In general.--Each individual or entity that receives
assistance under this section for a project shall submit to the
Secretary periodic reports (at such intervals as the Secretary
determines appropriate) that include all information that the
Secretary, after consultation with other government officials,
determines is necessary to evaluate the progress and success of
such project for the purposes of ensuring positive results,
assessing problems, and fostering improvements.
(2) Availability to the public.--The Secretary shall make
available to the public each report submitted under paragraph
(1) and any other document relating to a project for which
financial assistance is provided under this title.
SEC. 305. FRESHWATER MUSSEL CONSERVATION FUND.
(a) Establishment.--There is established in the Treasury a separate
account, to be known as the ``Freshwater Mussel Conservation Fund'',
consisting of--
(1) amounts transferred to the Secretary for deposit into
the Fund under subsection (e);
(2) amounts appropriated to the Fund under section 306; and
(3) any interest earned on investment of amounts in the
Fund under subsection (c).
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), at the request
of the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary, without further appropriation,
such amounts as the Secretary determines are necessary to carry
out section 304.
(2) Administrative expenses.--Of the amounts in the Fund
available for each fiscal year, the Secretary may expend the
greater of 3 percent of such amounts or $80,000 to pay the
administrative expenses necessary to carry out this title.
(c) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals. Such investments may be made only in interest-
bearing obligations of the United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at
market price.
(3) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at market
price.
(4) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(d) Transfers of Amounts.--
(1) In general.--The Secretary of the Treasury shall
transfer at least monthly the amounts required to be
transferred to the Fund under this section from the general
fund of the Treasury to the Fund on the basis of estimates made
by the Secretary of the Treasury.
(2) Adjustments.--The Secretary of the Treasury shall make
proper adjustment in amounts subsequently transferred to the
extent prior estimates were in excess of or less than the
amounts required to be transferred.
(e) Acceptance and Use of Donations.--
(1) In general.--The Secretary may accept for the
Government a gift of any of the following to provide assistance
under section 304:
(A) Money.
(B) An obligation of the Government included in the
public debt made only on the condition that the
obligation be canceled and retired and not reissued.
(C) Other intangible personal property made only on
the condition that the property is sold on the best
terms available and the proceeds are deposited in the
Fund.
(2) Discretion to reject a gift.--The Secretary may reject
a gift under this section when the rejection is in the interest
of the Government.
(3) Taxes.--If a gift received under this subsection is
subject to a gift or inheritance tax, the Secretary may pay the
tax out of the proceeds of the gift or the proceeds of the
redemption or sale of the gift.
SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary $5,000,000
for each of fiscal years 2024 through 2029 to carry out this title.
SEC. 307. REPORT TO CONGRESS.
(a) In General.--Not later than January 31 of each calendar year
after the date of the enactment of this title, the Secretary shall
submit to Congress a report regarding the Fund and the status of
freshwater mussels in the United States during the preceding calendar
year.
(b) Contents of Reports.--Each such report shall include with
respect to the calendar year for which the report is submitted--
(1) the total amount deposited into and expended from the
Fund;
(2) the costs associated with carrying out this title;
(3) a summary of the projects for which the Secretary has
provided assistance under section 304 and an evaluation of
those projects; and
(4) an evaluation of the status of threatened and
endangered populations of freshwater mussel in the United
States.
TITLE IV--SOUTHWEST DESERT FISH CONSERVATION FUND ACT OF 2023
SEC. 401. SHORT TITLE.
This title may be cited as the ``Southwest Desert Fish Conservation
Fund Act of 2023''.
SEC. 402. PURPOSES.
The purposes of this title are--
(1) to assist in the conservation of threatened and
endangered desert fish and the habitats of such desert fish in
the Southwest; and
(2) to support and provide financial resources for projects
to conserve such desert fish and the habitats of such desert
fish and to address other threats to the survival of such
desert fish species.
SEC. 403. DEFINITIONS.
In this title:
(1) Southwest desert fish conservation.--The term
``Southwest desert fish conservation'' means the use of all
methods and procedures necessary to protect habitats of desert
fish species in the Southwest and of the desert fish species in
those habitats, including--
(A) protection, restoration, and management of
habitats;
(B) onsite research and monitoring of populations,
habitats, annual reproduction, and desert fish species
population trends;
(C) assistance in the development, implementation,
and improvement of national and regional management
plans;
(D) enforcement and implementation of applicable
conservation laws; and
(E) community outreach and education.
(2) Fund.--The term ``Fund'' means the Southwest Desert
Fish Conservation Fund established by section 405.
(3) Desert fish.--The term ``desert fish'' means any member
of the class Osteichthyes living in a desert ecosystem.
(4) Southwest.--The term ``Southwest'' means the States of
Arizona, California, Colorado, Nevada, New Mexico, and Utah.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 404. SOUTHWEST DESERT FISH CONSERVATION ASSISTANCE.
(a) Assistance.--
(1) In general.--The Secretary shall, in consultation with
other Federal officials, use amounts in the Fund to provide
competitive financial assistance, including multiyear grants,
for Southwest desert fish conservation projects.
(2) Use of existing authorities.--Assistance provided under
this section shall be carried out in a manner consistent with
authorities available to the Secretary under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(b) Project Proposals.--
(1) Eligible applicants.--A project proposal for Southwest
desert fish conservation may be submitted to the Secretary
under this section by a State or Tribal agency, research
institution, nonprofit organization, or any other individual or
entity, as determined appropriate by the Secretary, with the
expertise required to carry out Southwest desert fish
conservation.
(2) Federal partnership opportunities.--A Federal agency
may not be a lead entity or receive funding for a project under
this section, but may be included as a partner or collaborator
on a project that receives such funding.
(3) Required elements.--A project proposal submitted under
this section shall include--
(A) a statement of the purposes of the project;
(B) the name of the individual or entity with
overall responsibility for the project;
(C) a description of--
(i) the qualifications of the individual or
entity that will conduct the project;
(ii) methods for project implementation and
outcome assessment;
(iii) staffing and stakeholder engagement
for the project, including mechanisms to ensure
adequate local public participation in project
development and implementation;
(iv) the logistics of the project,
including cost estimates and timelines;
(v) anticipated outcomes of the project;
and
(vi) how the project will promote
sustainable, effective, long-term programs to
conserve desert fish in the Southwest;
(D) assurances that the project will be implemented
in consultation with relevant wildlife management
authorities, Tribes, and other appropriate government
officials;
(E) demonstrated sensitivity to local historic and
cultural resources and compliance with applicable laws;
(F) information that demonstrates the potential of
the project to contribute to Southwest desert fish
conservation;
(G) information regarding the source and amount of
any matching funding available for the project; and
(H) such other information as the Secretary
determines appropriate.
(c) Project Review and Approval.--
(1) In general.--The Secretary shall--
(A) solicit project proposals for assistance under
this section;
(B) provide a copy of each project proposal
submitted in response to such solicitation to other
Federal officials, as appropriate; and
(C) review each such proposal on a timeline that
recognizes the urgency of the declining number of
desert fish in the Southwest to determine whether the
proposal meets the criteria specified in subsection
(d).
(2) Consultation; approval or disapproval.--The Secretary
shall, after consulting with other Federal officials, as
appropriate, with respect to each project proposal submitted
under this section--
(A) consult with respect to the proposal with the
government of each State in which the project is to be
conducted;
(B) after taking into consideration any comments
resulting from such consultation, approve or disapprove
the project proposal; and
(C) provide written notification of the approval or
disapproval to the individual or entity that submitted
the proposal, such other Federal officials, and each
State described in subparagraph (A).
(d) Criteria for Approval.--
(1) In general.--The Secretary may approve a project
proposal under this section if the project shows promise for
contributing to recovering and sustaining desert fish
populations in the wild in the Southwest.
(2) Priority.--In selecting projects for approval, the
Secretary shall give priority to projects that conserve
threatened and endangered species of desert fish listed under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et. seq.).
(3) Project sustainability.--To the maximum extent
practicable, in determining whether to approve a project
proposal under this section, the Secretary shall give
preference to projects that are designed to ensure effective
and long-term Southwest desert fish conservation.
(4) Matching funds.--In determining whether to approve a
project proposal under this section, the Secretary shall give
preference to projects for which matching funds are available.
(5) Waiver.--The Secretary may waive the application of
paragraph (2), (3), or (4) with respect to a project if the
Secretary--
(A) has identified the project as of high priority;
and
(B) finds that such waiver is necessary to support
the project.
(e) Project Reporting.--
(1) In general.--Each individual or entity that receives
assistance under this section for a project shall submit to the
Secretary periodic reports (at such intervals as the Secretary
determines appropriate) that include all information that the
Secretary, after consultation with other government officials,
determines is necessary to evaluate the progress and success of
such project for the purposes of ensuring positive results,
assessing problems, and fostering improvements.
(2) Availability to the public.--The Secretary shall make
available to the public each report submitted under paragraph
(1) and any other document relating to a project for which
financial assistance is provided under this title.
SEC. 405. SOUTHWEST DESERT FISH CONSERVATION FUND.
(a) Establishment.--There is established in the Treasury a separate
account, to be known as the ``Southwest Desert Fish Conservation
Fund'', consisting of--
(1) amounts transferred to the Secretary for deposit into
the Fund under subsection (e);
(2) amounts appropriated to the Fund under section 406; and
(3) any interest earned on investment of amounts in the
Fund under subsection (c).
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), at the request
of the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary, without further appropriation,
such amounts as the Secretary determines are necessary to carry
out section 404.
(2) Administrative expenses.--Of the amounts in the Fund
available for each fiscal year, the Secretary may expend the
greater of 3 percent of such amounts or $80,000 to pay the
administrative expenses necessary to carry out this title.
(c) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals. Such investments may be made only in interest-
bearing obligations of the United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at
market price.
(3) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at market
price.
(4) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(d) Transfers of Amounts.--
(1) In general.--The Secretary of the Treasury shall
transfer at least monthly the amounts required to be
transferred to the Fund under this section from the general
fund of the Treasury to the Fund on the basis of estimates made
by the Secretary of the Treasury.
(2) Adjustments.--The Secretary of the Treasury shall make
proper adjustment in amounts subsequently transferred to the
extent prior estimates were in excess of or less than the
amounts required to be transferred.
(e) Acceptance and Use of Donations.--
(1) In general.--The Secretary may accept for the
Government a gift of any of the following to provide assistance
under section 404:
(A) Money.
(B) An obligation of the Government included in the
public debt made only on the condition that the
obligation be canceled and retired and not reissued.
(C) Other intangible personal property made only on
the condition that the property is sold on the best
terms available and the proceeds are deposited in the
Fund.
(2) Discretion to reject a gift.--The Secretary may reject
a gift under this section when the rejection is in the interest
of the Government.
(3) Taxes.--If a gift received under this subsection is
subject to a gift or inheritance tax, the Secretary may pay the
tax out of the proceeds of the gift or the proceeds of the
redemption or sale of the gift.
SEC. 406. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary $5,000,000
for each of fiscal years 2024 through 2029 to carry out this title.
SEC. 407. REPORT TO CONGRESS.
(a) In General.--Not later than January 31 of each calendar year
after the date of the enactment of this title, the Secretary shall
submit to Congress a report regarding the Fund and the status of desert
fish in the Southwest during the preceding calendar year.
(b) Contents of Reports.--Each such report shall include with
respect to the calendar year for which the report is submitted--
(1) the total amount deposited into and expended from the
Fund;
(2) the costs associated with carrying out this title;
(3) a summary of the projects for which the Secretary has
provided assistance under section 404 and an evaluation of
those projects; and
(4) an evaluation of the status of threatened and
endangered populations of desert fish in the Southwest.
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