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115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-802
======================================================================
AMENDING THE PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT AND THE
DINGELL-JOHNSON FEDERAL AID IN SPORT FISH RESTORATION ACT, TO PROVIDE
PARITY FOR UNITED STATES TERRITORIES AND THE DISTRICT OF COLUMBIA, TO
MAKE TECHNICAL CORRECTIONS TO SUCH ACTS AND RELATED LAWS, AND FOR OTHER
PURPOSES
_______
July 3, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 5875]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 5875) to amend the Pittman-Robertson Wildlife
Restoration Act and the Dingell-Johnson Federal Aid in Sport
Fish Restoration Act, to provide parity for United States
territories and the District of Columbia, to make technical
corrections to such Acts and related laws, and for other
purposes, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 5875 is to amend the Pittman-Robertson
Wildlife Restoration Act and the Dingell-Johnson Federal Aid in
Sport Fish Restoration Act to provide parity for United States
territories and the District of Columbia, and to make technical
corrections to such Acts and related laws.
Background and Need for Legislation
The Pittman-Robertson Wildlife Restoration Act of 1937
(Sept. 2, 1937, ch. 899, Sec. 1, 50 Stat. 917) uses the
proceeds of federal excise tax on firearms ammunition and
archery equipment to fund grants for wildlife resource projects
to States' territorial fish and wildlife agencies, and to
conduct hunter education programs. The excise tax is set at 10%
of the wholesale price for pistols and revolvers, 11% for other
firearms as well as shells or cartridges, and is collected by
the manufacturer. An 11% tax on archery equipment is also
deposited into the fund. The tax is applied whether the
equipment is likely to be used for hunting or not. Total
apportionments to the States and territories were $780,031,696
in Fiscal Year 2017 and $695,141,699 in Fiscal Year 2016.\1\
---------------------------------------------------------------------------
\1\United States Fish and Wildlife Service Certificates of
Apportionment for Fiscal Years 2016 and 2017.
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Similar to the fund established by the Pittman-Robertson
Act, the Dingell-Johnson Sport Fish Restoration Act of 1950
(Aug. 9, 1950, ch. 658, 64 Stat. 430) uses the proceeds of
federal excise taxes levied on sport fishing equipment, as well
as import duties on fishing tackle, yachts and pleasure boats.
The taxes paid by hunters, fishers, boaters, and
recreational shooters support the management of marine and
terrestrial wildlife populations and their habitats. Preserving
and enhancing this volunteer revenue source has enabled State
agencies to provide additional outdoor recreational
opportunities. This ``user pay/public benefits'' approach aids
hunters, recreational shooters, and all citizens through the
delivery of on-the-ground wildlife and habitat conservation
activities by the State fish and wildlife agencies.
Under current law, each State is guaranteed at least a 1%
share of the yearly Pittman-Robertson apportionment. However,
the Pittman-Robertson Act caps Puerto Rico's share at 0.25% and
the four other U.S. territories' shares at just 0.167%.\2\ H.R.
5875 would specifically remove the existing caps on funds for
basic hunter education programs and would mandate that each
territory and State receive not less than 1% in any given year.
---------------------------------------------------------------------------
\2\16 U.S.C. 669g-1--Payment of funds to and cooperation with
Puerto Rico, Guam, American Samoa, Commonwealth of the Northern Mariana
Islands, and Virgin Islands.
---------------------------------------------------------------------------
The bill also removes additional percentage restrictions on
apportionments for wildlife and sport fish restoration
projects. The absence of the caps will allow the Secretary of
the Interior to exercise discretion in apportioning Pittman-
Robertson and Dingell-Johnson funds to the five U.S.
territories, in proportion to their populations, as is done
currently for each of the 50 States.
Section-by-Section Analysis
Section 1. Apportionment under Pittman-Robertson Wildlife Restoration
Act
Removes caps in current statute (16 U.S.C. 669c) for yearly
Pittman-Robertson apportionment to American Samoa, Guam, the
Northern Mariana Islands, Puerto Rico, and the U.S. Virgin
Islands that are currently set at 0.167% and 0.25% for Puerto
Rico. This Section also affects the District of Columbia.
Each State and territory shall not be apportioned less than
1 percent of such revenue.
Allows the Secretary of the Interior to exercise discretion
in apportioning Pittman-Robertson funds to the five U.S.
territories and D.C., in proportion to their populations, as is
done currently for each of the 50 States.
Section 2. Technical corrections to Pittman-Robertson Wildlife
Restoration Act
Makes technical corrections to the Pittman Robertson Act.
Section 3. Apportionment under Dingell-Johnson Sport Fish Restoration
Act
Removes caps in current statute (16 U.S.C. 777k) for yearly
apportionment to American Samoa, Guam, the Northern Mariana
Islands, Puerto Rico, the U.S. Virgin Islands, and the District
of Columbia under the Dingell-Johnson Act, which are currently
set at 1% for Puerto Rico, and .333% for the District of
Colombia, Guam, American Samoa, the Northern Mariana Islands,
and the U.S. Virgin Islands.
Allows the Secretary of the Interior to exercise discretion
in apportioning Dingell-Johnson funds to the five U.S.
territories and D.C., in proportion to their populations, as is
done currently for each of the 50 States.
Section 4. Technical corrections to Dingell-Johnson Act
Makes technical corrections to the Dingell-Johnson Act.
Committee Action
H.R. 5875 was introduced on May 18, 2018, by Congresswoman
Madeleine Z. Bordallo (D-GU). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Federal Lands. On May 22, 2018, the
Subcommittee held a hearing on the bill. On June 6, 2018, the
Natural Resources Committee met to consider the bill. The
Subcommittee was discharged by unanimous consent. No amendments
were offered and the bill was ordered favorably reported to the
House of Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 25, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman; The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5875, a bill to
amend the Pittman-Robertson Wildlife Restoration Act and the
Dingell-Johnson Federal Aid in Sport Fish Restoration Act, to
provide parity for United States territories and the District
of Columbia, to make technical corrections to such Acts and
related laws, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Janani
Shankaran.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 5875--A bill to amend the Pittman-Robertson Wildlife Restoration
Act and the Dingell-Johnson Federal Aid in Sport Fish
Restoration Act, to provide parity for United States
territories and the District of Columbia, to make technical
corrections to such Acts and related laws, and for other
purposes
Under the Pittman-Robertson Wildlife Restoration Act and
the Dingell-Johnson Federal Aid in Sport Fish Restoration Act,
states are awarded grants in proportion to their populations.
Those laws cap the grant amounts awarded to the U.S.
territories and the District of Columbia. H.R. 5875 would
remove the caps and direct the U.S. Fish and Wildlife Service
(USFWS), which administers the programs, to apportion grants to
the U.S. territories and the District of Columbia in the same
manner as states. The grants are recorded in the budget as
direct spending.
Using information from USFWS, CBO expects that enacting
H.R. 5875 would not affect the total amounts awarded under
either program. Under the bill, CBO estimates, the U.S.
territories and the District of Columbia would receive a larger
share of the total, and each of the 50 states would receive a
slightly smaller share than under current law. CBO expects that
the change to the award amounts could have a small effect on
the timing of when those funds are spent; however, CBO
estimates that the net effect would be insignificant.
Because enacting H.R. 5875 could affect direct spending,
pay-as-you-go procedures apply. Enacting H.R. 5875 would not
affect revenues.
CBO estimates that enacting H.R. 5875 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 5875 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Janani
Shankaran. The estimate was reviewed by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Pittman-Robertson
Wildlife Restoration Act and the Dingell-Johnson Federal Aid in
Sport Fish Restoration Act to provide parity for United States
territories and the District of Columbia, and to make technical
corrections to such Acts and related laws.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
[Secretary of Agriculture] Secretary of the Interior is
authorized to cooperate with the States, through their
respective State fish and game departments, in wildlife-
restoration projects as hereinafter set forth; but no money
apportioned under this Act to any State shall be expended
therein until its legislature, or other State agency authorized
by the State constitution to make laws governing the
conservation of wildlife, shall have assented to the provision
of this Act and shall have passed laws for the conservation of
wildlife which shall include a prohibition against the
diversion of license fees paid by hunters for any other purpose
than the administration of said State fish and game department,
except that, until the final adjournment of the first regular
session of the legislature held after the passage of this Act,
the assent of the Governor of the State shall be sufficient.
The Secretary of Agriculture and the State fish and game
department of each State accepting the benefits of this Act
shall agree upon the wildlife-restoration projects to be aided
in such State under the terms of this Act and all projects
shall conform to the standards fixed by the Secretary of
Agriculture.
SEC. 2. DEFINITIONS.
As used in this Act--
(1) the term ``conservation'' means the use of
methods and procedures necessary or desirable to
sustain healthy populations of wildlife, including all
activities associated with scientific resources
management such as research, census, monitoring of
populations, acquisition, improvement and management of
habitat, live trapping and transplantation, wildlife
damage management, and periodic or total protection of
a species or population, as well as the taking of
individuals within wildlife stock or population if
permitted by applicable State and Federal law;
(2) the term ``Secretary'' means the Secretary of the
Interior;
(3) the term ``State fish and game department'' or
``State fish and wildlife department'' means any
department or division of department of another name,
or commission, or official or officials, of a State
empowered under its laws to exercise the functions
ordinarily exercised by a State fish and game
department or State fish and wildlife department.
(4) the term ``wildlife'' means any species of wild,
free-ranging 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;
(5) the term ``wildlife-associated recreation'' means
projects intended to meet the demand for outdoor
activities associated with wildlife including, but not
limited to, hunting and fishing, wildlife observation
and photography, such projects as construction or
restoration of wildlife viewing areas, observation
towers, blinds, platforms, land and water trails, water
access, field trialing, trail heads, and access for
such projects;
(6) the term ``wildlife conservation and restoration
program'' means a program developed by a State fish and
wildlife department and approved by the Secretary under
[section 304(d)] section 4(e), the projects that
constitute such a program, which may be implemented in
whole or part through grants and contracts by a State
to other State, Federal, or local agencies (including
those that gather, evaluate, and disseminate
information on wildlife and their habitats), wildlife
conservation organizations, and outdoor recreation and
conservation education entities from funds apportioned
under this title, and maintenance of such projects;
(7) the term ``wildlife conservation education''
means projects, including public outreach, intended to
foster responsible natural resource stewardship; and
(8) the term ``wildlife-restoration project''
includes the wildlife conservation and restoration
program and means the selection, restoration,
rehabilitation, and improvement of areas of land or
water adaptable as feeding, resting, or breeding places
for wildlife, including acquisition of such areas or
estates or interests therein as are suitable or capable
of being made suitable therefor, and the construction
thereon or therein of such works as may be necessary to
make them available for such purposes and also
including such research into problems of wildlife
management as may be necessary to efficient
administration affecting wildlife resources, and such
preliminary or incidental costs and expenses as may be
incurred in and about such projects.
Sec. 3. (a)(1) An amount equal to all revenues accruing each
fiscal year (beginning with the fiscal year 1975) from any tax
imposed on specified articles by sections 4161(b) and 4181 of
the Internal Revenue Code of 1986 (26 U.S.C. 4161(b), 4181)
shall, subject to the exemptions in section 4182 of such Code,
be covered into the Federal aid to wildlife restoration fund in
the Treasury (hereinafter referred to as the ``fund'') and is
authorized to be appropriated and made available until expended
to carry out the purposes of this Act. So much of such
appropriation apportioned to any State for any fiscal year as
remains unexpended at the close thereof is authorized to be
made available for expenditure in that State until the close of
the succeeding fiscal year. Any amount apportioned to any State
under the provisions of this Act which is unexpended or
unobligated at the end of the period during which it is
available for expenditure on any project is authorized to be
made available for expenditure by the Secretary of Agriculture
in carrying out the provisions of the Migratory Bird
Conservation Act.
(2) There is established in the Federal aid to wildlife
restoration fund a subaccount to be known as the ``Wildlife
Conservation and Restoration Account''. There are authorized to
be appropriated for the purposes of the Wildlife Conservation
and Restoration Account $50,000,000 in fiscal year 2001 for
apportionment in accordance with this Act to carry out State
wildlife conservation and restoration programs. Further,
interest on amounts transferred shall be treated in a manner
consistent with [16 U.S.C. 669(b)(1))] subsection (b)(1).
(b)(1) The Secretary of the Treasury shall invest in
interest-bearing obligations of the United States such portion
of the fund as is not, in his judgment, required for meeting a
current year's withdrawals. For purposes of such investment,
the Secretary of the Treasury may--
(A) acquire obligations at the issue price and
purchase outstanding obligations at the market price;
and
(B) sell obligations held in the fund at the market
price.
(2) The interest on obligations held in the fund--
(A) shall be credited to the fund;
(B) constitute the sums available for allocation by
the Secretary under section 8 of the North American
Wetlands Conservation Act; and
(C) shall become available for apportionment under
this Act at the beginning of fiscal year 2026.
(c)(1) Amounts transferred to the Wildlife Conservation and
Restoration Account shall supplement, but not replace, existing
funds available to the States from the sport fish restoration
account and wildlife restoration account and shall be used for
the development, revision, and implementation of wildlife
conservation and restoration programs and should be used to
address the unmet needs for a diverse array of wildlife and
associated habitats, including species that are not hunted or
fished, for wildlife conservation, wildlife conservation
education, and wildlife-associated recreation projects. Such
funds may be used for new programs and projects as well as to
enhance existing programs and projects.
(2) Funds may be used by a State or an Indian tribe for the
planning and implementation of its wildlife conservation and
restoration program and wildlife conservation strategy, as
provided in [sections 4(d) and (e) of this Act,] section 4(e),
including wildlife conservation, wildlife conservation
education, and wildlife-associated recreation projects. Such
funds may be used for new programs and projects as well as to
enhance existing programs and projects.
(3) Priority for funding from the Wildlife Conservation and
Restoration Account shall be for those species with the
greatest conservation need as defined by the State wildlife
conservation and restoration program.
(d) Notwithstanding subsections (a) and (b) of this section,
with respect to amounts transferred to the Wildlife
Conservation and Restoration Account, so much of such amounts
apportioned to any State for any fiscal year as remains
unexpended at the close thereof shall remain available for
obligation in that State until the close of the second
succeeding fiscal year.
SEC. 4. ALLOCATION AND APPORTIONMENT OF AVAILABLE AMOUNTS.
(a) Set-Aside for Expenses for Administration of the Pittman-
Robertson Wildlife Restoration Act.--
(1) In general.--
(A) Set-aside.--For fiscal year 2001 and each
fiscal year thereafter, of the revenues
(excluding interest accruing under section
3(b)) covered into the fund for the fiscal
year, the Secretary of the Interior may use not
more than the available amount specified in
subparagraph (B) for the fiscal year for
expenses for administration incurred in
implementation of this Act, in accordance with
this subsection and section 9.
(B) Available amounts.--The available amount
referred to in subparagraph (A) is--
(i) for each of fiscal years 2001 and
2002, $9,000,000;
(ii) for fiscal year 2003,
$8,212,000; and
(iii) for fiscal year 2004 and each
fiscal year thereafter, the sum of--
(I) the available amount for
the preceding fiscal year; and
(II) the amount determined by
multiplying--
(aa) the available
amount for the
preceding fiscal year;
and
(bb) the change,
relative to the
preceding fiscal year,
in the Consumer Price
Index for All Urban
Consumers published by
the Department of
Labor.
(2) Period of availability; apportionment of
unobligated amounts.--
(A) Period of availability.--For each fiscal
year, the available amount under paragraph (1)
shall remain available for obligation for use
under that paragraph until the end of the
fiscal year.
(B) Apportionment of unobligated amounts.--
Not later than 60 days after the end of a
fiscal year, the Secretary of the Interior
shall apportion among the States any of the
available amount under paragraph (1) that
remains unobligated at the end of the fiscal
year, on the same basis and in the same manner
as other amounts made available under this Act
are apportioned among the States for the fiscal
year.
(b) Apportionment to States.--The Secretary of the Interior,
after deducting the available amount under subsection (a), the
amount apportioned under subsection (c), any amount apportioned
under section 8A, and amounts provided as grants under sections
10 and 11, shall apportion the remainder of the revenue in said
fund for each fiscal year among the several States in the
following manner: One-half in the ratio which the area of each
State bears to the total area of all the States, and one-half
in the ratio which the number of paid hunting-license holders
of each State in the second fiscal year preceding the fiscal
year for which such apportionment is made, as certified to said
Secretary by the State fish and game departments, bears to the
total number of paid hunting-license holders of all the States.
Such apportionments shall be adjusted equitably so that no
State shall receive less than one-half of 1 per centum nor more
than 5 per centum of the total amount apportioned. The term
fiscal year as used in this Act shall be a period of twelve
consecutive months from October 1 through the succeeding
September 30, except that the period for enumeration of paid
hunting-license holders shall be a State's fiscal or license
year.
(c) One-half of the revenues accruing to the fund under this
Act each fiscal year (beginning with the fiscal year 1975) from
any tax imposed on pistols, revolvers, bows, and arrows shall
be apportioned [among the States in proportion to the ratio
that the population of each State bears to the population of
all the States: Provided, That each State shall be apportioned
not more than 3 per centum and not less than 1 per centum of
such revenues and Guam, the Virgin Islands, American Samoa,
Puerto Rico, and the Northern Mariana Islands shall each be
apportioned one-sixth of 1 per centum of such revenues.] among
the States and each of American Samoa, Guam, the Northern
Mariana Islands, Puerto Rico, and the United States Virgin
Islands in proportion to the ratio that the population of each
State and each such territory bears to the population of all
the States and such territories, except that each State shall
be apportioned not more than 3 percent of such revenues, and
each State and each such territory shall be apportioned not
less than 1 percent of such revenues. For the purpose of this
subsection, population shall be determined on the basis of the
latest decennial census for which figures are available, as
certified by the Secretary of Commerce.
[(c)] (d) Apportionment of Wildlife Conservation and
Restoration Account.--
[(1) The Secretary of the Interior shall make the
following apportionment from the Wildlife Conservation
and Restoration Account:
[(A) to the District of Columbia and to the
Commonwealth of Puerto Rico, each a sum equal
to not more than one-half of 1 percent thereof.
[(B) to Guam, American Samoa, the Virgin
Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more
than one-fourth of 1 percent thereof.]
(1) The Secretary of the Interior shall apportion
from the Wildlife Conservation and Restoration Account
to each of the District of Columbia, American Samoa,
Guam, the Northern Mariana Islands, Puerto Rico, and
the United States Virgin Islands a sum equal to not
more than one-half of 1 percent of such Account.
(2)(A) The Secretary of the Interior, after making
the apportionment under paragraph (1), shall apportion
the remaining amount in the Wildlife Conservation and
Restoration Account for each fiscal year among the
States in the following manner:
(i) [one-third of which is based] One-third
of such amount shall be apportioned based on
the ratio to which the land area of such State
bears to the total land area of all such
States[; and].
(ii) [two-thirds of which is based] Two-
thirds of such amount shall be apportioned
based on the ratio to which the population of
such State bears to the total population of all
such States.
(B) The amounts apportioned under this paragraph
shall be adjusted equitably so that no such State shall
be apportioned a sum which is less than one percent of
the amount available for apportionment under this
paragraph for any fiscal year or more than five percent
of such amount.
(3) Of the amounts transferred to the Wildlife
Conservation and Restoration Account, not to exceed 3
percent shall be available for any Federal expenses
incurred in the administration and execution of
programs carried out with such amounts.
[(d)] (e) Wildlife Conservation and Restoration Programs.--
(1) Any State, through its fish and wildlife
department, may apply to the Secretary of the Interior
for approval of a wildlife conservation and restoration
program, or for funds from the Wildlife Conservation
and Restoration Account, to develop a program. To
apply, a State shall submit a comprehensive plan that
includes--
(A) provisions vesting in the fish and
wildlife department of the State overall
responsibility and accountability for the
program;
(B) provisions for the development and
implementation of--
(i) wildlife conservation projects
that expand and support existing
wildlife programs, giving appropriate
consideration to all wildlife;
(ii) wildlife-associated recreation
projects; and
(iii) wildlife conservation education
projects pursuant to programs under
section 8(a); and
(C) provisions to ensure public participation
in the development, revision, and
implementation of projects and programs
required under this paragraph.
(D) Wildlife conservation strategy.--Within
five years of the date of the initial
apportionment, develop and begin implementation
of a wildlife conservation strategy based upon
the best available and appropriate scientific
information and data that--
(i) uses such information on the
distribution and abundance of species
of wildlife, including low population
and declining species as the State fish
and wildlife department deems
appropriate, that are indicative of the
diversity and health of wildlife of the
State;
(ii) identifies the extent and
condition of wildlife habitats and
community types essential to
conservation of species identified
under paragraph (1);
(iii) identifies the problems which
may adversely affect the species
identified under paragraph (1) or their
habitats, and provides for priority
research and surveys to identify
factors which may assist in restoration
and more effective conservation of such
species and their habitats;
(iv) determines those actions which
should be taken to conserve the species
identified under paragraph (1) and
their habitats and establishes
priorities for implementing such
conservation actions;
(v) provides for periodic monitoring
of species identified under paragraph
(1) and their habitats and the
effectiveness of the conservation
actions determined under paragraph (4),
and for adapting conservation actions
as appropriate to respond to new
information or changing conditions;
(vi) provides for the review of the
State wildlife conservation strategy
and, if appropriate, revision at
intervals of not more than ten years;
(vii) provides for coordination to
the extent feasible the State fish and
wildlife department, during the
development, implementation, review,
and revision of the wildlife
conservation strategy, with Federal,
State, and local agencies and Indian
tribes that manage significant areas of
land or water within the State, or
administer programs that significantly
affect the conservation of species
identified under paragraph (1) or their
habitats.
(2) A State shall provide an opportunity for public
participation in the development of the comprehensive
plan required under paragraph (1).
(3) If the Secretary finds that the comprehensive
plan submitted by a State complies with paragraph (1),
the Secretary shall approve the wildlife conservation
and restoration program of the State and set aside from
the apportionment to the State made pursuant to
subsection (c) an amount that shall not exceed 75
percent of the estimated cost of developing and
implementing the program.
(4)(A) Except as provided in subparagraph (B), after
the Secretary approves a State's wildlife conservation
and restoration program, the Secretary may make
payments on a project that is a segment of the State's
wildlife conservation and restoration program as the
project progresses. Such payments, including previous
payments on the project, if any, shall not be more than
the United States pro rata share of such project. The
Secretary, under such regulations as he may prescribe,
may advance funds representing the United States pro
rata share of a project that is a segment of a wildlife
conservation and restoration program, including funds
to develop such program.
(B) Not more than 10 percent of the amounts
apportioned to each State under this section for a
State's wildlife conservation and restoration program
may be used for wildlife-associated recreation.
(5) For purposes of this subsection, the term
``State'' shall include the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands.
* * * * * * *
Sec. 6. (a)(1) Any State desiring to avail itself of the
benefits of this Act shall, by its State fish and game
department, submit programs or projects for wildlife
restoration in either of the following two ways:
[(1)] (A) The State shall prepare and submit to the
Secretary of the Interior a comprehensive fish and
wildlife resource management plan which shall insure
the perpetuation of these resources for the economic,
scientific, and recreational enrichment of the people.
Such plan shall be for a period of not less than five
years and be based on projections of desires and needs
of the people for a period of not less than fifteen
years. It shall include provisions for updating at
intervals of not more than three years and be provided
in a format as may be required by the Secretary of the
Interior. If the Secretary of the Interior finds that
such plans conform to standards established by him and
approves such plans, he may finance up to 75 per centum
of the cost of implementing segments of those plans
meeting the purposes of this Act from funds apportioned
under this Act upon this approval of an annual
agreement submitted to him.
[(2)] (B) A State may elect to avail itself of the
benefits of this Act by its State fish and game
department submitting to the Secretary of the Interior
full and detailed statements of any wildlife-
restoration project proposed for that State. If the
Secretary of the Interior finds that such project meets
with the standards set by him and approves said
project, the State fish and game department shall
furnish to him such surveys, plans, specifications, and
estimates therefor as he may require. If the Secretary
of the Interior approves the plans, specifications, and
estimates for the project, he shall notify the State
fish and game department and immediately set aside so
much of said fund as represents the share of the United
States payable under this Act on account of such
project, which sum so set aside shall not exceed 75 per
centum of the total estimated cost thereof.
(2) The Secretary of the Interior shall approve only such
comprehensive plans or projects as may be substantial in
character and design and the expenditure of funds hereby
authorized shall be applied only to such approved comprehensive
wildlife plans or projects and if otherwise applied they shall
be replaced by the State before it may participate in any
further apportionment under this Act. No payment of any money
apportioned under this Act shall be made on any comprehensive
wildlife plan or project until an agreement to participate
therein shall have been submitted to and approved by the
Secretary of the Interior.
(b) If the State elects to avail itself of the benefits of
this Act by preparing a comprehensive fish and wildlife plan
under [option (1) of subsection (a) of this section,]
subsection (a)(1)(A), then the term ``project'' may be defined
for the purposes of this Act as a wildlife program, all other
definitions notwithstanding.
(c) Administrative costs in the form of overhead or indirect
costs for services provided by State central service activities
outside of the State agency having primary jurisdiction over
the wildlife resources of the State which may be charged
against programs or projects supported by the fund established
by section 3 of this Act shall not exceed in any one fiscal
year 3 per centum of the annual apportionment to the State.
* * * * * * *
Sec. 8A. The Secretary of the Interior is authorized to
cooperate with the Secretary of Agriculture of Puerto Rico, the
Governor of Guam, the Governor of American Samoa, the Governor
of the Commonwealth of the Northern Mariana Islands, and the
Governor of the Virgin Islands, in the conduct of wildlife-
restoration projects, as defined in section 2 of this Act, and
hunter safety programs as provided by section 8(b) of this Act,
upon such terms and conditions as he shall deem fair, just, and
equitable, and is authorized to apportion to Puerto Rico, Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, and the Virgin Islands, out of the money available for
apportionment under this Act, such sums [as he shall determine,
not exceeding for Puerto Rico one-half of 1 per centum, for
Guam one-sixth of 1 per centum, for American Samoa one-sixth of
one per centum, and for the Commonwealth of the Northern
Mariana Islands one-sixth of 1 per centum, and for the Virgin
Islands one-sixth of 1 per centum of the total amount
apportioned, in any one year,] as the Secretary shall determine
for each year, but the Secretary shall in no event require any
of said cooperating agencies to pay an amount which will exceed
25 per centum of the cost of any project. Any unexpended or
unobligated balance of any apportionment made pursuant to this
section shall be available for expenditure in Puerto Rico,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, or the Virgin Islands, as the case may be, in the
succeeding year, on any approved project, and if unexpended or
unobligated at the end of such year is authorized to be made
available for expenditure by the Secretary of the Interior in
carrying out the provisions of the Migratory Bird Conservation
Act.
* * * * * * *
Sec. 12. The [Secretary of Agriculture] Secretary of the
Interior is authorized to make rules and regulations for
carrying out the provisions of this Act.
* * * * * * *
----------
DINGELL-JOHNSON SPORT FISH RESTORATION ACT
* * * * * * *
Sec. 4. (a) In General.--For each fiscal year through fiscal
year 2021, the balance of each annual appropriation made in
accordance with the provisions of section 3 remaining after the
distributions for administrative expenses and other purposes
under subsection (b) and for activities under section 14(e)
shall be distributed as follows:
(1) Coastal wetlands.--An amount equal to 18.673
percent to the Secretary of the Interior for
distribution as provided in the Coastal Wetlands
Planning, [Protection,] Protection and Restoration Act
(16 U.S.C. 3951 et seq.).
(2) Boating safety.--An amount equal to 17.315
percent to the Secretary of the department in which the
Coast Guard is operating for State recreational boating
safety programs under section 13107 of title 46, United
States Code.
(3) Boating infrastructure improvement.--
(A) In general.--An amount equal to 4 percent
to the Secretary of the Interior for qualified
projects under section 5604(c) of the Clean
Vessel Act of 1992 (33 U.S.C. 1322 note) and
section 7404(d) of the Sportfishing and Boating
Safety Act of 1998 (16 U.S.C. 777g-1(d)).
(B) Limitation.--Not more than 75 percent of
the amount under subparagraph (A) shall be
available for projects under either of the
sections referred to in subparagraph (A).
(4) National outreach and communications.--An amount
equal to 2.0 percent to the Secretary of the Interior
for the National Outreach and Communications Program
under section 8(d) of this Act. Such amounts shall
remain available for 3 fiscal years, after which any
portion thereof that is unobligated by the Secretary
for that program may be expended by the Secretary under
subsection (c) of this section.
(b) Set-Aside for Expenses for Administration of the Dingell-
Johnson Sport Fish Restoration Act.--
(1) In general.--
(A) Set-aside for administration.--From the
annual appropriation made in accordance with
section 3, for each fiscal year through fiscal
year 2021, the Secretary of the Interior may
use no more than the amount specified in
subparagraph (B) for the fiscal year for
expenses for administration incurred in the
implementation of this Act, in accordance with
this section and section 9. The amount
specified in subparagraph (B) for a fiscal year
may not be included in the amount of the annual
appropriation distributed under subsection (a)
for the fiscal year.
(B) Available amounts.--The available amount
referred to in subparagraph (A) is--
(i) for each of fiscal years 2001 and
2002, $9,000,000;
(ii) for fiscal year 2003,
$8,212,000; and
(iii) for fiscal year 2004 and each
fiscal year thereafter, the sum of--
(I) the available amount for
the preceding fiscal year; and
(II) the amount determined by
multiplying--
(aa) the available
amount for the
preceding fiscal year;
and
(bb) the change,
relative to the
preceding fiscal year,
in the Consumer Price
Index for All Urban
Consumers published by
the Department of
Labor.
(2) Set-aside for coast guard administration.--
(A) In general.--From the annual
appropriation made in accordance with section
3, for each of fiscal years 2016 through 2021,
the Secretary of the department in which the
Coast Guard is operating may use no more than
the amount specified in subparagraph (B) for
the fiscal year for the purposes set forth in
section 13107(c) of title 46, United States
Code. The amount specified in subparagraph (B)
for a fiscal year may not be included in the
amount of the annual appropriation distributed
under subsection (a) for the fiscal year.
(B) Available amounts.--The available amount
referred to in subparagraph (A) is--
(i) for fiscal year 2016, $7,700,000;
and
(ii) for fiscal year 2017 and each
fiscal year thereafter, the sum of--
(I) the available amount for
the preceding fiscal year; and
(II) the amount determined by
multiplying--
(aa) the available
amount for the
preceding fiscal year;
and
(bb) the change,
relative to the
preceding fiscal year,
in the Consumer Price
Index for All Urban
Consumers published by
the Department of
Labor.
(3) Period of availability; apportionment of
unobligated amounts.--
(A) Period of availability.--For each fiscal
year, the available amount under paragraph (1)
shall remain available for obligation for use
under that paragraph until the end of the
subsequent fiscal year.
(B) Apportionment of unobligated amounts.--
Not later than 60 days after the end of a
fiscal year, the Secretary of the Interior
shall apportion among the States any of the
available amount under paragraph (1) that
remains unobligated at the end of the fiscal
year, on the same basis and in the same manner
as other amounts made available under this Act
are apportioned among the States under
subsection (c) for the fiscal year.
(c)(1) The Secretary, after the distribution, transfer, use
and deduction under subsection (b), and after deducting amounts
used for activities under section 14(e), shall apportion 58.012
percent of the balance of each such annual appropriation among
the several States in the following manner: 40 percent in the
ratio which the area of each State including coastal and Great
Lakes waters (as determined by the Secretary of the Interior)
bears to the total area of all the States, and 60 percent in
the ratio which the number of persons holding paid licenses to
fish for sport or recreation in the State in the second fiscal
year preceding the fiscal year for which such apportionment is
made, as certified to said Secretary by the State fish and game
departments, bears to the number of such persons in all the
States. Such apportionments shall be adjusted equitably so that
no State shall receive less than 1 percent nor more than 5
percent of the total amount apportioned. Where the
apportionment to any State under this section is less than
$4,500 annually, the Secretary of the Interior may allocate not
more than $4,500 of said appropriation to said State to carry
out the purposes of this Act when said State certifies to the
Secretary of the Interior that it has set aside not less than
$1,500 from its fish-and-game funds or has made, through its
legislature, an appropriation in this amount for said purposes.
(2) The Secretary shall deduct from the amount to be
apportioned under paragraph (1) the amounts used for grants
under section 14(a).
(d) So much of any sum not allocated under the provisions of
this section for any fiscal year is hereby authorized to be
made available for expenditure to carry out the purposes of
this Act until the close of the succeeding fiscal year. The
term fiscal year as used in this section shall be a period of
twelve consecutive months from October 1 through the succeeding
September 30, except that the period for enumeration of persons
holding licenses to fish shall be a State's fiscal or license
year.
(e) Expenses for Administration of Certain Programs.--
(1) In general.--For each fiscal year, of the amounts
appropriated under section 3, the Secretary of the
Interior shall use only funds authorized for use under
paragraphs (1), (3), (4), and (5) of subsection (a) to
pay the expenses for administration incurred in
carrying out the provisions of law referred to in those
paragraphs, respectively.
(2) Maximum amount.--For each fiscal year, the
Secretary of the Interior may use not more than
$900,000 in accordance with paragraph (1).
(f) Transfer of Certain Funds.--Amounts available under
paragraphs (3) and (4) of subsection (a) that are unobligated
by the Secretary of the Interior after 3 fiscal years shall be
transferred to the Secretary of the department in which the
Coast Guard is operating and shall be expended for State
recreational boating safety programs under section 13107(a) of
title 46, United States Code.
* * * * * * *
Sec. 12. The Secretary of the Interior is authorized to
cooperate with the Secretary of Agriculture of Puerto Rico, the
Mayor of the District of Columbia, the Governor of Guam, the
Governor of American Samoa, the Governor of the Commonwealth of
the Northern Mariana Islands, and the Governor of the Virgin
Islands, in the conduct of fish restoration and management
projects as defined in section 2 of this Act, upon such terms
and conditions as he shall deem fair, just, and equitable, and
is authorized to apportion to Puerto Rico, the District of
Columbia, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Virgin Islands, out of money
available for apportionment under this Act, such sums [as he
shall determine, not exceeding for Puerto Rico 1 per centum,
for the District of Columbia one-third of 1 per centum, for
Guam one-third of 1 per centum, for American Samoa one-third of
1 per centum, for the Commonwealth of the Northern Mariana
Islands one-third of 1 per centum, and for the Virgin Islands
one-third of 1 per centum of the total amount apportioned in
any one year, but the Secretary] as the Secretary shall
determine, except the Secretary shall in no event require any
of said cooperating agencies to pay an amount which will exceed
25 per centum of the cost of any project. Any unexpended or
unobligated balance of any apportionment made pursuant to this
section shall be made available for expenditure in Puerto Rico,
the District of Columbia, Guam, the Commonwealth of the
Northern Mariana Islands, or the Virgin Islands, as the case
may be, in the succeeding year, on any approved projects, and
if unexpended or unobligated at the end of such year is
authorized to be made available for expenditure by the
Secretary of the Interior to supplement the 58.012 percent of
the balance of each annual appropriation to be apportioned
among the States under section 4(c) of this Act.
* * * * * * *
----------
SECTION 111 OF PUBLIC LAW 101-593
AN ACT To direct the Secretary of the Interior to convey all interest
of the United States in a fish hatchery to the State of South Carolina,
and for other purposes.
SEC. 111. NEW ENGLAND FISHERY RESOURCES RESTORATION ACT OF 1990.
(a) Short title.--This section may be cited as the ``New
England Fishery Resources Restoration Act of 1990''.
(b) Purposes.--The purposes of this section are to--
(1) ensure timely and effective implementation of
restoration plans and programs for Atlantic salmon and
other fishery resources of selected river systems in
New England;
(2) complete a study of fish passage impediments and
requirements on small streams and rivers in New
England; and
(3) develop an inventory of important fish and
wildlife habitat and other natural areas of river
basins in New England.
(c) Implementation of Fishery Resource Restoration Plans.--
The Director of the United States Fish and Wildlife Service,
hereinafter referred to as the Director, in consultation with
the Assistant Administrator for Fisheries of the National
Oceanic and Atmospheric Administration shall formulate,
establish and implement programs to restore and maintain
nationally significant, interjurisdictional fishery resources
originating in New England river systems, including the
Connecticut, Thames, Pawcatuck, Merrimack, Saco, Androscoggin,
Kennebec, Sheepscot, Duck Trap, St. George, Penobscot, Union,
Narraguagus, Pleasant, Machias, Dennys, St. Croix, Meduxnekeag
and Aroostock and their tributaries. These programs shall be in
accordance with the schedule and responsibilities established
in comprehensive basin-wide restoration plans prepared by the
Director in cooperation with State, local, and other entities
involved and interested in the conservation and management of
the affected fishery resources. Preparation and perioc revision
of restoration plans, and their implementation, shall be based
on a Memorandum of Agreement for each restoration program which
shall be entered into by the Director and cooperating entities.
The Director shall prepare and submit to the House Committee on
Merchant Marine and Fisheries and the Senate Committee on
Environment and Public Works an annual report documenting
activities undertaken and accomplishments achieved in
fulfillment of this section, including an assessment of the
prognosis for restoration of each of the stocks and species
involved.
(d) Fish Passage Study.--The Director shall conduct a study
to identify impediments to upstream and downstream passage of
fish in rivers and streams in the New England States due to
dams that are not licensed by the Federal Energy Regulatory
Commission or other human-caused obstructions. In addition, the
study shall identify actions needed to alleviate those
impediments where desirable and feasible. The study shall
include, but not be limited to, identifying--
(1) all dams not licensed by the Federal Energy
Regulatory Commission and other human-caused
obstructions on New England rivers and streams where
construction of upstream or downstream fish passage
facilities or their removal would benefit fishery
resources, including an estimate of the degree of
benefits expected; and
(2) the proposed nature and size and estimated cost
of appropriate fish passage facilities or other actions
determined to be necessary and feasible or each dam or
other obstruction identified in response to paragraph
(1).
The Director shall provide notice to the public of the extent
and nature of the study by publication of such information in
major newspapers in the region and by other appropriate means.
Within three years of November 16, 1990, the Director shall
submit a report containing the findings, conclusions and
recommendations of the study to the House Committee on Merchant
Marine and Fisheries and the Senate Committee on Environment
and Public Works.
(e) New England Rivers Fish and Wildlife Inventory.--The
Director shall inventory the natural values of river basins in
New England, including the Connecticut, Pawcatuck, Acushnet,
North and South (in Plymouth County, Massachusetts), Charles,
Merrimack, Saco, Androscoggin, Kennebec, Penobscot, Union, St.
Croix, and Aroostock Rivers and their tributaries, and identify
fish and wildlife habitat in most need of protection or where
public access to the rivers should be provided. In addition,
the Director shall, in cooperation with appropriate State
agencies and local governments and after providing notice and
opportunity for public comment, identify appropriate public or
private measures for providing the necessary protection or
access for each area included in the inventory. Within two
years of November 16, 1990, the Director shall submit a report
containing the findings, conclusions, and recommendations of
the inventory and assessment to the House Committee on Merchant
Marine and Fisheries and the Senate Committee on Environment
and Public Works.
(f) Authorization of Appropriations.--There are authorized to
be appropriated to the Director--
(1) $5,000,000 per year for fiscal years 1991, 1992,
1993, 1994, and 1995 to implement fishery resource
restoration plans and programs, except for activities
related to the design and construction of fish passage
facilities, as directed by subsection (c);
(2) $500,000 per year for fiscal years 1991, 1992,
and 1993 to conduct the study required under subsection
(d); and
(3) $500,000 to conduct the inventory and assessment
required under [section] subsection (e).
----------
SECTION 7404 OF PUBLIC LAW 105-178
AN ACT To authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes.
SEC. 7404. BOATING INFRASTRUCTURE.
(a) Purpose.--The purpose of this section is to provide funds
to States for the development and maintenance of facilities for
transient nontrailerable recreational vessels.
(b) Survey.--Section 8 of the 1950 Act (16 U.S.C. 777g), as
amended by section 7402, is amended by adding at the end
thereof the following:
``(g) Surveys.--
``(1) National framework.--Within 6 months after the
date of enactment of the Sportfishing and Boating
Safety Act of 1998, the Secretary, in consultation with
the States, shall adopt a national framework for a
public boat access needs assessment which may be used
by States to conduct surveys to determine the adequacy,
number, location, and quality of facilities providing
access to recreational waters for all sizes of
recreational boats.
``(2) State surveys.--Within 18 months after such
date of enactment, each State that agrees to conduct a
public boat access needs survey following the
recommended national framework shall report its
findings to the Secretary for use in the development of
a comprehensive national assessment of recreational
boat access needs and facilities.
``(3) Exception.--Paragraph (2) does not apply to a
State if, within 18 months after such date of
enactment, the Secretary certifies that the State has
developed and is implementing a plan that ensures there
are and will be public boat access adequate to meet the
needs of recreational boaters on its waters.
``(4) Funding.--A State that conducts a public boat
access needs survey under paragraph (2) may fund the
costs of conducting that assessment out of amounts
allocated to it as funding dedicated to motorboat
access to recreational waters under subsection (b)(1)
of this section.''.
(c) Plan.--Within 6 months after submitting a survey to the
Secretary under section 8(g) of the Act entitled ``An Act to
provide that the United States shall aid the States in fish
restoration and management projects, and for other purposes,''
approved August 9, 1950 (16 U.S.C. 777g(g)), as added by
subsection (b) of this section, a State may develop and submit
to the Secretary a plan for the construction, renovation, and
maintenance of facilities for transient nontrailerable
recreational vessels, and access to those facilities, to meet
the needs of nontrailerable recreational vessels operating on
navigable waters in the State.
(d) Grant Program.--
(1) Matching grants.--The Secretary of the Interior
shall obligate amounts made available under [section
4(a)(4)] section 4(a)(3)(A) of the Dingell-Johnson
Sport Fish Restoration Act to make grants to any State
to pay not more than 75 percent of the cost to a State
of constructing, renovating, or maintaining facilities
for transient nontrailerable recreational vessels.
(2) Priorities.--In awarding grants under paragraph
(1), the Secretary shall give priority to projects
that--
(A) consist of the construction, renovation,
or maintenance of facilities for transient
nontrailerable recreational vessels in
accordance with a plan submitted by a State
under subsection (c);
(B) provide for public/private partnership
efforts to develop, maintain, and operate
facilities for transient nontrailerable
recreational vessels; and
(C) propose innovative ways to increase the
availability of facilities for transient
nontrailerable recreational vessels.
(e) Definitions.--For purposes of this section, the term--
(1) ``nontrailerable recreational vessel'' means a
recreational vessel 26 feet in length or longer--
(A) operated primarily for pleasure; or
(B) leased, rented, or chartered to another
for the latter's pleasure;
(2) ``facilities for transient nontrailerable
recreational vessels'' includes mooring buoys, day-
docks, navigational aids, seasonal slips, safe harbors,
or similar structures located on navigable waters, that
are available to the general public (as determined by
the Secretary of the Interior) and designed for
temporary use by nontrailerable recreational vessels;
and
(3) ``State'' means each of the several States of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the
Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
[all]
